ADOPTED RULES 
 An agency may take final action on a section 30 days after a proposal has been 
published in the  Texas Register. The section becomes effective 20 days after 
the agency files the correct document with the  Texas Register, unless a later 
date is specified or unless a federal statute or regulation requires 
implementation of the action on shorter notice. 
 If an agency adopts the section without any changes to the proposed text, only 
the preamble of the notice and statement of legal authority will be published. 
If an agency adopts the section with changes to the proposed text, the proposal 
will be republished with the changes. 

TITLE 4. AGRICULTURE 
Part II. Animal Health Commission 
Chapter 35. Brucellosis 
Subchapter A. Eradication of Brucellosis in Cattle 
4 TAC sec.35.1 
  The Texas Animal Health Commission adopts an amendment to sec.35.1, without 
changes to the proposed text as published in the December 21, 1993, issue of the 
Texas Register (18 TexReg 9807). 
 The rule was necessary to expand the definition of an adjacent herd to include 
all cattle or bison that occupy a premise that lies within one mile of a herd 
known to be affected. 
 The rule will function by requiring all herds of cattle located within a one-
mile radius of an affected herd to be identified and tested for brucellosis and 
thus clean up any reservoirs of infection which may exist. 
 No comments were received regarding adoption of the amendments. 
 The amendment is adopted under the Texas Agriculture Code, sec.161.041 and 
sec.163.061, which authorizes the commission to adopt rules regarding testing of 
livestock. 
 
  This agency hereby certifies that the rule as adopted has been reviewed by 
legal counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on February 25, 1994. 
TRD-9436830 
Terry Beals, DVM 
Executive Director 
Texas Animal Health Commission 
Effective date: March 22, 1994 
Proposal publication date: December 21, 1993 
For further information, please call: (512) 719-0714 

4 TAC sec.35.2 
  The Texas Animal Health Commission adopts an amendment to sec.35.2, without 
changes to the proposed text as published in the December 21, 1993, issue of the 
Texas Register (18 TexReg 9807). 
 It was necessary to amend the regulations to provide a waiver of required 
testing of adjacent herds by the epidemiologist. 
 The rule will function by advising affected herd owners that on an initial test 
of a herd which has a reactor or a suspect, or any other affected, adjacent or 
high-risk that a test will be conducted within a specified time set by 
state/federal personnel unless such is waived by the epidemiologist. 
 No comments were received regarding adoption of the amendments. 
 The amendment is adopted under the Texas Agriculture Code, sec.161.041 and 
sec.163.061, which authorize the commission to adopt rules regarding testing of 
livestock. 
  This agency hereby certifies that the rule as adopted has been reviewed by 
legal counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on February 25, 1994. 
TRD-9436831 
Terry Beals, DVM 
Executive Director 
Texas Animal Health Commission 
Effective date: March 22, 1994 
Proposal publication date: December 21, 1993 
For further information, please call: (512) 719-0714 

4 TAC sec.35.4 
  The Texas Animal Health Commission adopts an amendment to sec.35.4, without 
changes to the proposed text as published in the December 21, 1993, issue of the 
Texas Register (18 TexReg 9807). 
 The amendment is necessary to provide another option for buyers of 
nonvaccinated heifers between four and 12 months entering a Texas market from 
other states and allowing vaccination to be performed after the sale. 
 The rule functions by allowing nonvaccinated female cattle between four and 12 
months of age entering a Texas market from other states to be vaccinated at the 
owner's expense at the market prior to leaving it rather than prior to sale at 
the market. If, however, these cattle are not vaccinated at the market they must 
be consigned only to a quarantined feedlot or slaughter and accompanied by an 
"S" permit. 
 No comments were received regarding adoption of the amendments. 
 The amendment is adopted under the Texas Agriculture Code, sec.161.081, which 
authorizes the commission to regulate the importation of livestock, sec.163.061, 
which authorizes the commission to promulgate rules regarding vaccination of 
cattle. 
 
  This agency hereby certifies that the rule as adopted has been reviewed by 
legal counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on February 25, 1994. 
TRD-9436832 
Terry Beals, DVM 
Executive Director 
Texas Animal Health Commission 
Effective date: March 21, 1994 
Proposal publication date: December 21, 1993 
For further information, please call: (512) 719-0714 

4 TAC sec.35.6 
  The Texas Animal Health Commission adopts an amendment to sec.35.6, without 
changes to the proposed text as published in the December 21, 1993, issue of the 
Texas Register (18 TexReg 9808). 
 The amendment was necessary to provide for an increase in the amount of 
brucellosis indemnity that can be paid to an owner in depopulation of infected 
cattle herds. 
 Owners with infected herds may be entitled to more indemnity when they choose 
to depopulate their herd. The sum of $250 can be paid for no more than 100 
negative-exposed, test eligible females; $300 can be paid for no more than five 
negative-exposed, test-eligible males; and the sum of $200 can be paid for 
unspayed females under test age and weighing no more than 500 pounds. Cattle 
weighing over 500 pounds are not eligible for depopulation funds. 
 No comments were received regarding adoption of the amendments. 
 The amendment is adopted under the Texas Agriculture Code, sec.163.068, which 
authorizes the commission to adopt rules regarding compensation to owners of 
cattle. 
 
  This agency hereby certifies that the rule as adopted has been reviewed by 
legal counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on February 25, 1994. 
TRD-9436833 
Terry Beals, DVM 
Executive Director 
Texas Animal Health Commission 
Effective date: March 22, 1994 
Proposal publication date: December 21, 1993 
For further information, please call: (512) 719-0714 

Subchapter B. Eradication of Brucellosis in Cattle 
4 TAC sec.35.45 
  The Texas Animal Health Commission adopts an amendment to sec.35.45, without 
changes to the proposed text as published in the December 21, 1993, issue of the 
Texas Register (18 TexReg 9808). 
 The amendment was necessary to require that infected swine herds which are 
determined to be problems in the brucellosis eradication program be depopulated, 
thus furthering the national program. 
 Infected herds of swine must have the first of three retests not sooner than 30 
days nor more than 60 days after all reactors are removed, with the other two 
retests at designated intervals; the commission may order depopulation following 
a determination by the epidemiologist that the herd is a problem herd based on 
test results or other epidemiological data; state indemnity funds may be paid to 
the herd owners whose herd has been ordered depopulated provided certain 
criteria which are detailed in the amendment are followed. 
 No comments were received regarding adoption of the amendments. 
 The amendment is adopted under the Texas Agriculture Code, sec.161.041, which 
authorizes the commission to adopt rules regarding treatment of livestock, 
sec.165.024, which authorizes the commission to order swine to be depopulated, 
and sec.165.025, which allows the commission to adopt rules regarding 
compensation of owners of swine. 
 
  This agency hereby certifies that the rule as adopted has been reviewed by 
legal counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on February 25, 1994. 
TRD-9436834 
Terry Beals, DVM 
Executive Director 
Texas Animal Health Commission 
Effective date: March 22, 1994 
Proposal publication date: December 21, 1993 
For further information, please call: (512) 719-0714 

TITLE 7. BANKING AND SECURITIES 
Part II. Texas Department of Banking 
Chapter 10. Trust Companies 
General 
7 TAC sec.sec.10.1-10.3, 10.6 
  The Finance Commission of Texas (the Commission) adopts the repeal of 
sec.sec.10.1-10.3 and 10.6, without changes to the proposed text as published in 
the January 25, 1994, issue of the Texas Register (19 TexReg 389). 
 Sections 10.1-10.3 provided rules applicable to trust companies organized under 
Texas Civil Statutes, Article 1513a, now repealed, and are therefore obsolete. 
No such trust companies presently exist. All companies originally organized 
under Article 1513a were required to surrender their charters in exchange for 
new charters issued pursuant to Chapter XI of the Banking Code prior to May 26, 
1988. Section 10.6 required a trust company to maintain paid-in capital of 
$500,000, an unnecessary requirement because Texas Civil Statutes, Article 342-
1108(a), requires a trust company to "have and maintain a fully paid-in capital 
of not less than $500,000." 
 The repeals delete obsolete and duplicative requirements that are no longer 
justified from state law regarding trust companies. 
 No comments were received regarding adoption of the repeals. 
 The repeals are adopted under the general rulemaking authority of the 
Commission with regard to regulation of trust companies pursuant to Texas Civil 
Statutes, Article 342-1106(b), as well as Article 342-113(a), made applicable to 
trust companies by virtue of Article 342-1102. 
 
  This agency hereby certifies that the rule as adopted has been reviewed by 
legal counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on February 25, 1994. 
TRD-9436896 
Everette D. Jobe 
General Counsel 
Department of Banking 
Effective date: March 23, 1994 
Proposal publication date: January 25, 1994 
For further information, please call: (512) 475-1300 

Chapter 25. Prepaid Funeral Contracts 
Subchapter B. Regulation of Licenses 
7 TAC sec.25.11 
  The Banking Department of Texas (the "Department") adopts an amendment to 
sec.25.11, concerning recordkeeping requirements for prepaid funeral benefits 
permittees, with changes to the proposed text as published in the December 24, 
1993, issue of the Texas Register (18 TexReg 9883). The changes to the proposed 
text, which are in accordance with logic and good recordkeeping practice, are 
nonsubstantive and do not warrant republication of a proposed rule; however, the 
Department requests that the adopted text be republished for informational 
purposes. 
 The amendment to sec.25.11 was required to bring the existing rule into 
conformity with legislative amendments to Texas Civil Statutes, Article 548b, 
effective September 1, 1993. The changes to the proposed text were that 
duplicated recordkeeping requirements were deleted, and a limited time period 
for maintaining certain records was established. In addition, the adopted 
section provides that the general file must contain copies of agent appointments 
and that records of the trustee/depository contain a listing of certain 
investments. If a financial statement of the permittee is unavailable, the 
adopted section requires that the financial statement of the parent corporation 
be maintained. Also, where contracts are insurance-funded, the outstanding 
contract files must contain copies of the insurance policies or annuity 
contracts. As adopted, sec.25.11 also clarifies that individual files are 
maintained by name of the provider of prepaid funeral benefits. Finally, 
sec.25.11 contains two changes the first provides that a permit holder is not 
required to maintain records that are applicable only to insurance-funded 
contracts if it sells only trust-funded contracts, and vice versa; the second 
states that, with regard to recordkeeping requirements for contracts sold prior 
to the effective date of this section, the Department will not cite a permit 
holder for violation of this section if its underlying data will not support 
compliance. 
 The adopted section will result in the enhancement of recordkeeping 
requirements for prepaid funeral benefits permittees, thereby improving the 
Department's ability to examine permittees and protect purchasers under prepaid 
funeral benefits contracts. 
 Comments received by the Texas Department of Banking were largely directed at 
the imposition of recordkeeping requirements that could not be met because of 
the age of existing contracts. Clearly, a permittee would be unable to comply 
with subsection (a)(3), (4), (9) and (10) of the proposed section if the subject 
documents have not been retained. A similar comment was received with respect to 
inability to include certain cumulative information on the control ledger as 
required by subsection (c)(1)(E) of the proposed section. In response to these 
comments, the Department added a new subsection (d)(2) to sec.25.11. The new 
subsection provides an exception to recordkeeping requirements for contracts 
sold prior to the effective date of this section: as to such contracts, the 
Department will not cite a permit holder for violation of this section if the 
permit holder's underlying data will not support compliance. 
 The Department also received a comment that proposed sec.25.11 was unclear as 
to whether contract files were to be maintained alphabetically or 
chronologically under the name of the funeral provider. The proposed section 
required the files to be kept alphabetically or chronologically. As adopted, 
subsection (b) explicitly states that contract files are to be kept 
alphabetically or chronologically under the name of the funeral provider. 
 No comments were received from any group or association regarding adoption of 
the rule. 
 The agency does not disagree with those comments received within the comment 
period. 
 The new section is adopted pursuant to the Department's rulemaking authority 
under Texas Civil Statutes, Article 548b, sec.2. In addition to specific grants 
of rulemaking authority, sec.2 permits the Department to write rules regarding 
any matter incidental to the enforcement and orderly administration of the Act. 

sec.25.11. Recordkeeping Requirements. 
  (a) General file. Each permit holder shall maintain at its principal office a 
complete file regarding its prepaid funeral benefits operations containing the 
following: 
  (1)  a copy of its original and renewal applications; 
  (2) the original of its current permit issued by the Department of Banking 
(the "Department"); 
  (3) the originals of all contract forms approved by the Department since the 
last examination; 
  (4) copies of all approved depository letters received since the last 
examination; 
  (5) a copy of the most current financial statement of the permit holder or, if 
not available, of the parent corporation; 
  (6) copies of each appointment made since the last examination of an agent 
responsible for the deposit of funds collected under prepaid funeral contracts; 
  (7) a copy of the register run made at the close of the preceding month for 
unmatured contracts; 
  (8) copies of examination reports for the previous ten years; 
  (9) copies of all investment plans and investment reports approved by the 
Department within the previous ten years; and 
  (10) copies of all correspondence with the Department within the previous ten 
years. 
  (b) Individual files. Each permit holder shall maintain at its principal 
office a prepaid funeral benefits contract file on each purchaser. The files 
shall be maintained separately for outstanding contracts and matured or canceled 
contracts and may be maintained either chronologically or alphabetically by the 
name of the provider of the prepaid funeral benefits. The outstanding contract 
files should contain copies of the prepaid funeral benefits contracts and, with 
respect to contracts funded by insurance or annuities, copies of the insurance 
policies or annuity contracts funding the contracts. Each matured or canceled 
contract file should contain all documents previously contained in the 
outstanding contract file for the matured or canceled contract as well as a 
completed Department withdrawal form and evidence of Department withdrawal 
approval where required and computation of earnings withdrawal if applicable. 
Each matured contract file should contain a copy of the affidavit of performance 
of contract services and a copy of the death certificate. Each canceled contract 
file should contain the purchaser's original notice of cancellation. All 
correspondence pertaining to a given contract should be filed in the outstanding 
contract file or in the matured or canceled contract file for that contract. 
  (c) Other records. 
  (1) Each permit holder shall maintain the following records regarding its 
prepaid funeral benefits operations: 
  (A) contract register indicating the contract number, the purchaser's name, 
the amount of the contract, and final disposition of the contract; 
  (B) cash receipts records reflecting payments collected; 
  (C) deposit records reflecting payments deposited; 
  (D) individual ledgers for each contract purchaser which reflect the contract 
purchaser's name, contract number, amount of contract, total finance charges, 
total amounts paid on the contract, any retentions, finance charges earned, 
deposits to trust, the total payments to trust, earnings on deposits (if 
applicable), and the total amount of the trust; 
  (E) a control ledger for all purchasers which reflects the cumulative total of 
contracts issued, matured and cancelled; deposits of payments; withdrawal of 
payments; net amount of payments on deposit; earnings of deposit accounts; 
earnings withdrawn on deposit accounts; and net amount of earnings; 
  (F) records of the trustee/depository including but not limited to all savings 
account statements, certificate of deposit records (both principal and 
interest), and/or trust statements; and 
  (G) a listing of investments that do not meet the criteria established in 
Texas Civil Statutes, sec.5A(d)-(g), which must be updated at least quarterly. 
  (2) The individual ledgers, control ledger, and records of the 
trustee/depository must be balanced at least quarterly. 
  (d) Exceptions. 
  (1) Inapplicability. A permit holder that sells only trust-funded contracts is 
not required to maintain records that are applicable only to insurance-funded 
contracts. Likewise, a permit holder that sells only insurance-funded contracts 
is not required to maintain records that are applicable only to trust-funded 
contracts. 
  (2) Contracts Sold Prior to Effective Date of Section. With respect to 
recordkeeping requirements for contracts sold prior to the effective date of 
this section or amendments hereto, the Department will not cite a permit holder 
for violation of this section if the permit holder's underlying data will not 
support compliance with it. 
  (3) Other. Any exceptions to the recordkeeping requirements except those 
provided under this subsection require Department approval. 
  (e) Relocation of Records. Any change of business address where the records 
are maintained must be furnished to the department in writing at the time of any 
change of location. 
  (f) Maintenance of Files. Filing of documents pursuant to this section must be 
kept current. 
  This agency hereby certifies that the rule as adopted has been reviewed by 
legal counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on March 2, 1994. 
TRD-9436893 
Everette D. Jobe 
General Counsel 
Department of Banking 
Effective date: March 23, 1994 
Proposal publication date: December 24, 1993 
For further information, please call: (512) 475-1300 

7 TAC sec.25.12 
  The Banking Department of Texas (the "Department") adopts an amendment to 
sec.25.12, concerning the withdrawal of prepaid funeral trust funds, with 
changes to the proposed text as published in the December 24, 1993, issue of the 
Texas Register (18 TexReg 9884). Changes to the proposed section generally 
provide clarification, are nonsubstantive, and do not warrant republication of 
the proposed rule; however, the Department requests that the adopted text be 
republished for informational purposes. 
 In general, the proposed amendment was required in order to bring the existing 
rule into conformity with legislative amendments to Texas Civil Statutes, 
Article 548b, effective September 1, 1993. The changes clarify that the 
Commissioner is responsible for authorizing certain withdrawals of prepaid-
funeral trust funds and that this approval must be obtained prior to fund 
withdrawal. In addition, subsection (e) has been altered to apply only to 
guaranty fund assessments; subsection (g), which pertains to the withdrawal of 
funds to pay for certain examinations, has been amended to provide for 
withdrawal of funds to pay assessment fees rendered in conjunction with 
examinations; and a new subsection (h) has been added that stipulates when and 
how a permit holder may withdraw earnings to pay for preparation of certain 
financial statements. 
 As a result of the amendment, this agency's rules will accurately reflect the 
law regarding the withdrawal of prepaid funeral trust funds; in addition, the 
Department's ability to protect such funds will be enhanced, and its 
administrative duties will decrease, resulting in a $6,732 annual savings to the 
industry as a result of reduced assessments. 
 The Department received no comments concerning adoption of the rule. 
 The rule is adopted pursuant to the Department's rulemaking authority under 
Texas Civil Statutes, Article 548b, sec.2. In addition to specific grants of 
rulemaking authority, sec.2 permits the Department to write rules regarding any 
matter incidental to the enforcement and orderly administration of the Act. 

sec.25.12. Withdrawal of Trust Funds. 
  (a) Death maturity. The funds on deposit on a matured contract may be 
withdrawn as prescribed by Texas Civil Statutes, Article 548b, sec.5(a)(3) and 
(4)(C) without prior approval of the Banking Commissioner (the "Commissioner"). 
  (b) Cancellation. The funds on deposit on a canceled contract may be withdrawn 
as prescribed by Texas Civil Statutes, Article 548b, sec.5(b)(1)-(3) without 
prior approval of the Commissioner. 
  (c) Payment of Charges. Withdrawal of earnings for paying reasonable and 
necessary charges of a bank, savings bank, savings and loan association, trust 
department of a bank, or trust company does not need prior approval of the 
Commissioner, but will be subject to examination. 
  (d) Payment of Taxes. Withdrawal of earnings for the purpose of paying taxes 
caused or created by the existence of prepaid funeral deposit or trust accounts 
requires prior written approval of the Commissioner. Approval may be requested 
by submitting documentation to substantiate the additional tax liability from 
prepaid funeral benefits earnings. 
  (e) Payment of Guaranty Fund Assessments. A permit holder is authorized, 
without prior approval of the Commissioner, to withdraw earnings for the purpose 
of paying guaranty fund assessments levied pursuant to the authority of Texas 
Civil Statutes, Article 548b. 
  (f) Payment of Examination Costs and Assessments Made in Conjunction with 
Examinations. Withdrawal of earnings for the purpose of paying to the Department 
examination costs and assessments made in conjunction with the examination under 
Texas Civil Statutes, Article 548b, does not require prior approval of the 
Commissioner. 
  (g) Abandoned Funds. Withdrawal of abandoned funds under Texas Civil Statutes, 
Article 548b, sec.5B, require prior written approval of the Commissioner of 
Banking. Approval may be requested by submitting to the Department a completed 
application for unclaimed property on a form prescribed by the Texas Treasury 
Department. 
  (h) Preparation of Financial Statements. A permit holder is authorized, with 
prior written approval of the Commissioner, to withdraw earnings for the purpose 
of paying for the preparation of financial statements required by the Department 
pursuant to the authority of Texas Civil Statutes, Article 548b, including 
financial statements required in lieu of an examination by the Department. 
Approval may be requested by submitting a written request to the Department 
together with the bill for preparation of the financial statement. 
 
  This agency hereby certifies that the rule as adopted has been reviewed by 
legal counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on March 2, 1994. 
TRD-9436894 
Everette D. Jobe 
General Counsel 
Department of Banking 
Effective date: March 23, 1994 
Proposal publication date: December 24, 1993 
For further information, please call: (512) 475-1300 

7 TAC sec.25.14 
  The Banking Department of Texas (the "Department") adopts the repeal of 
sec.25.14, concerning the application procedure and the approval process for 
withdrawal of excess earnings of prepaid-funeral trust funds, without changes to 
the proposed text as published in the December 15, 1993, issue of the  Texas 
Register (18 TexReg 9885). 
 Section 25.14 was held to be invalid in Texas Department of Banking v. Restland 
Funeral Home, 847 S.W.2d 680 (Tex. App.-Austin 1993, no writ). Furthermore, 
pursuant to recent legislation, applications for withdrawal of excess earnings 
are no longer permitted (Texas Civil Statutes, Article 548b, sec.5(a)(4)(D)(x)). 
 Since this section is invalid and has no underlying statutory basis, it must be 
repealed. 
 No comments were received regarding adoption of the repeal. 
 The repeal is adopted pursuant to the Department's rulemaking authority under 
Texas Civil Statutes, Article 548b, sec.2. In addition to specific grants of 
rulemaking authority, sec.2 permits the Department to promulgate rules regarding 
any matter incidental to the enforcement and orderly administrative of the Act. 
 
  This agency hereby certifies that the rule as adopted has been reviewed by 
legal counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on March 2, 1994. 
TRD-9436892 
Everette D. Jobe 
General Counsel 
Department of Banking 
Effective date: March 23, 1994 
Proposal publication date: December 24, 1993 
For further information, please call: (512) 475-1300 

Part III. State Banking Board 
Chapter 31. Miscellaneous 
7 TAC sec.31.5 
  The State Banking Board adopts an amendment to sec.31.5, without changes to 
the proposed text as published in the January 11, 1994, issue of the Texas 
Register  (19 TexReg 199). 
 While a deputy of the State Treasurer or Banking Commissioner can be empowered 
to attend an official meeting of the State Banking Board in place of the State 
Treasurer or Banking Commissioner, as the case may be, that power cannot be 
exercised pursuant to Texas Civil Statutes, Article 342-115 unless the State 
Banking Board by rule prescribes the respective deputy by name and title. 
 When either the State Treasurer or Banking Commissioner is unable to personally 
attend an official meeting of the Board, a deputy of the Board member, whose 
name and title is designated in sec.31.5, may appear and vote in her stead. 
 No comments were received regarding adoption of the rule. 
 The amendment is adopted pursuant to Texas Civil Statutes, Article 342-115, 
sec.6(d). 
 
  This agency hereby certifies that the rule as adopted has been reviewed by 
legal counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on February 25, 1994. 
TRD-9436899 
Everette D. Jobe 
General Counsel 
Texas Department of Banking 
Effective date: March 23, 1994 
Proposal publication date: January 11, 1994 
For further information, please call: (512) 475-1300 

Chapter 33. Procedure for Hearings 
Evidence and Witnesses 
7 TAC sec.33.32 
  The State Banking Board (the Board) adopts an amendment to sec.33.32, 
concerning recovery of the cost of preparing the agency record for purpose of 
judicial review of a decision of the Board, without changes to the proposed text 
as published in the December 24, 1993, issue of the Texas Register (18 TexReg 
9889). 
 Persons and entities regulated by the Department of Banking (the Department) , 
including entities chartered by the Board, are assessed or charged fees for the 
purpose of enabling the regulatory function to be self-supporting (Texas Civil 
Statutes, Article 342-112(3)). 
 The amendment to sec.33.32 will result in an increase in revenue from recovery 
of the costs of preparing the agency record of matters before the Board for the 
purpose of judicial review, a cost that has heretofore been absorbed by the 
Department. The increased revenue will decrease the amount of Departmental 
operational expenses that must be recouped through fees imposed on the 
industries regulated by the Department. 
 A party who appeals from a final decision of the Board will be required to pay 
for the cost of preparing the agency record for submission to the reviewing 
court. 
 No comments were received regarding adoption of the rule. 
 The amendment is adopted under Texas Government Code, sec.2001.177, which 
provides that a state agency may require an appealing party in a contested case 
to pay all or a part of the cost of preparing the agency record, and Texas Civil 
Statutes, Article 342-115(6), which provide the Board with the authority to 
adopt such rules and procedural regulations as may be necessary to facilitate 
the fair hearing and adjudication of charter applications. 
 
  This agency hereby certifies that the rule as adopted has been reviewed by 
legal counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on February 25, 1994. 
TRD-9436900 
Everette D. Jobe 
General Counsel 
Texas Department of Banking, on behalf of the State Banking Board 
Effective date: March 23, 1994 
Proposal publication date: December 24, 1993 
For further information, please call: (512) 475-1300 

TITLE 16. ECONOMIC REGULATION 
Part I. Railroad Commission of Texas 
Chapter 5. Transportation Division 
Subchapter M. Motor Bus Companies 
16 TAC sec.5.233 
  The Railroad Commission of Texas adopts an amendment to  sec.5.233, concerning 
charter operations for motor bus companies, without changes to the proposed text 
as published in the August 31, 1993, issue of the Texas Register  (18 TexReg 
5828). 
 The amendment is proposed in order to create a means for providing charter or 
special-party motor bus service to the public, without requiring a motor bus 
company to hold and operate regular route service authority. The amendment would 
allow an applicant to obtain authority to transport charter or special parties 
upon demonstrating a public convenience and necessity for the service. The 
amendment also dispenses with the requirement that charter or special-party 
service only be authorized at points along a scheduled, regular route or within 
adjacent territory not served by any other motor bus company. 
 In addition, the rule is proposed to except military troops from the definition 
of "charter or special party." 
 Public comments regarding this rule were overwhelmingly in favor of its 
adoption. The primary concern expressed by the commenters was that rural, non-
metropolitan areas and smaller communities do not have access to charter service 
under the present rule. Complaints were made that carriers who do possess 
charter authority as a part of their regular route authority prevent other 
charter bus companies from receiving authority, while providing virtually no 
charter or special-party service to the traveling public. Several commenters 
related experiences of finding an authorized carrier willing to provide charter 
or special-party service, only to discover that no equipment was available for 
the dates needed. Similarly, when charter service is available, commenters 
reported that the carriers are stationed at such a distance that deadhead 
charges become prohibitively expensive for smaller groups such as senior citizen 
or church organizations. 
 Many commenters complained that, even though many bus companies exist that are 
able and willing to provide charter service, the mere possession of regular 
route-charter authority by a company precludes any other carrier from offering 
charter or special-party service. This is true whether or not such service is 
actually being provided or being provided adequately. 
 Commenters also stated that the current rule has created charter services which 
run unprofitable or sham regular route service in order to receive charter 
authority. Commenters referred to situations involving instances of token 
scheduled service to satisfy the regular route requirement of the current rule, 
such as one company which had an employee drive a van between home and office as 
the company's regular route. Comments were received suggesting that one way to 
correct this problem would be an amendment that would allow motor bus companies 
with charter authority to provide charter service to all points in Texas from 
one of four base municipalities, namely Dallas, Fort Worth, Houston, or San 
Antonio. No charter service could be initiated out of a base municipality or one 
of its defined suburbs unless scheduled, regular route service was also being 
provided. 
 Many comments were made that charter and special-party companies in Texas, 
which do not operate on regular routes, must take their customers out of state 
if they wish to continue operating. These commenters stated that many tourism 
dollars that would otherwise be spent in Texas are going to surrounding states 
because of the lack of reliable charter authority. 
 One commenter suggested, as an alternative amendment, that the school exemption 
be removed from the rule. Several commenters adopted this position on the 
grounds that not enough safety precautions are taken by school bus companies. 
Other comments, however, stated that the safety measures undertaken by school 
bus companies in terms of equipment maintenance, driver hiring and training, and 
insurance coverage, are substantial. In addition, comments were received that 
school buses can provide an affordable charter service for community groups 
desiring transportation to events such as high school football games. 
 Comments were received to the alternative language accompanying the proposed 
rule. One comment was in favor of the alternative language, and another comment 
stated that the alternative merely perpetuates the present system by maintaining 
the requirement that charter and special-party bus services also be regular 
route carriers. Another comment preferred the alternative language over the 
proposed rule, but stated that even the alternative language does not address 
the enforcement problems faced by the commission. 
 The Association of Regulated Independent Bus Operators (ARIBO), commented in 
favor of amending this section, but stated its opposition to the rule as 
proposed. Instead, ARIBO offered an alternative amendment to allow regular route 
certificated carriers to originate charter or special-party transportation at 
points within a 150-mile radius of any point along the route for which service 
is authorized and to which service is actually being provided, with destination 
for charter or special parties to all points in Texas. ARIBO admits, however, 
that there is no rational relationship between regular route service and charter 
service, and that each serves a distinctly different public need. 
 Other existing carriers also urged that the commission should not undermine 
existing companies by cutting into their charter revenues, as these are 
effectively underwriting their regular route operations to the extent that 
regular route service could not be offered were it not subsidized by charter 
activities. Existing carriers also argued that the members of the non-driving 
public depend on regular route carriers for transportation, and that these 
services would have to be eliminated on certain non-profitable routes if the 
proposed rule is adopted. 
 All comments received regarding the proposed military exemption were favorable. 
 The commission agrees with the comments supporting adoption of the rule. The 
current system for receiving and operating authority to provide charter or 
special-party service is not adequately serving the traveling public. There is 
no consistent, meaningful, reliable service on a statewide basis. The service 
that is being provided can be prohibitively expensive, and there is not enough 
available equipment to serve communities not on the main, regular route lines. 
Consequently, authority is often held but not exercised, and charter services 
willing and able to provide service to the public are unable to do so without 
receiving and running at least a token regular route. 
 The commission disagrees with the alternative rules proposed by the commenters. 
The concerns addressed by the proposed rule and the comments in favor of the 
proposed rule would not be resolved by the alternative rules because they 
continue to tie charter service to regular route service. While the alternatives 
do expand the areas that could be served by the certificated regular route 
carriers, they maintain, in at least some form, the requirement that charter 
service be provided by a carrier with regular route authority. Such alternatives 
do not address the problem of cost-prohibitive deadhead charges, unavailable 
equipment, or access to charter service by groups not located in major 
metropolitan centers. The commission disagrees that charter or special-party 
authority should remain tied to regular route authority. Under the proposed 
rule, an applicant for charter or special-party authority would still be 
required to prove a prima facie case of public convenience and necessity prior 
to receiving authority from the commission to conduct charter or special-party 
operations. Those regular-route certificated carriers who are actively providing 
service would be free to protest any new grant of authority and would have an 
opportunity to demonstrate the adequacy of their services. Authority will be 
more closely aligned with the territorial needs of charter services, which often 
have little or nothing to do with regular routes. The needs of the public will 
be met directly including the rural, outlying, small communities which are not 
being served under the present system. 
 The commission disagrees that adoption of the proposed rule would cause 
existing carriers to cease running unprofitable routes due to a curtailment of 
charter revenues. No commenter making this claim demonstrated that its charter 
revenues supported or subsidized a particular route. Any existing carrier 
experiencing a loss is able to come to the commission and seek a rate change. 
Cancellation of a particular route is not simply a matter of economics, as was 
acknowledged by these commenters, who also stated that many unprofitable routes 
are maintained because they feed into other, more profitable routes. 
 The commission also disagrees with the comments suggesting that the school bus 
exemption be removed from the definition of charter or special party. The 
commission has the capability, through its enforcement staff, to monitor, 
investigate, and enforce those companies which do not have the requisite 
insurance coverage or who are operating substandard equipment and which are 
providing services for schools. 
 The following groups and associations commented in favor of the proposed rule: 
Kerrville Convention and Visitors Bureau; Abilene Convention and Visitors 
Bureau; Waco Convention and Visitors Bureau; Tyler Area Chamber of Commerce; 
Kilgore Chamber of Commerce; South Padre Island Convention Centre; Marion County 
Chamber of Commerce; Mineral Wells Chamber of Commerce; Big Spring Chamber of 
Commerce; Boy Scouts of America, Troop #157, Lubbock, Texas; The Promise, Glen 
Rose, Texas; City of Commerce Parks and Recreation Department, Senior Citizens 
Group; Hopkins County Chamber of Commerce; Lake Ridge United Methodist Church, 
Lubbock, Texas; Sulphur Bluff Independent School District; Sulphur Bluff Fire 
Department; First Baptist Church, Sulphur Springs, Texas; Dike Church of Christ; 
Aldersgate Church, Greenville, Texas; East Caney Baptist Church, Sulphur 
Springs, Texas; Kiwanis Club #11732, Sulphur Springs, Texas; Granbury Convention 
and Visitors Bureau; San Angelo Convention and Visitors Bureau; McAllen 
Convention and Visitors Bureau; Beaumont Convention and Visitors Bureau; Del Rio 
Chamber of Commerce; Bryan-College Station Convention and Visitor Bureau; Fort 
Worth Convention and Visitors Bureau; Jefferson Convention and Visitors Bureau; 
Austin Convention and Visitors Bureau; San Antonio Convention and Visitors 
Bureau; The Texas National Guard; and Texas Tour Bus Association. 
 The Association of Regulated Independent Bus Operators is an association that 
proposed an alternative rule. 
 The amendment is adopted pursuant to Texas Civil Statutes, Article 911a, 
sec.4(a)(1), which vest the commission with power and authority to prescribe all 
rules and regulations necessary for the regulation of motor bus companies. 
 
  This agency hereby certifies that the rule as adopted has been reviewed by 
legal counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on February 28, 1994. 
TRD-9436800 
Mary Ross McDonald 
Assistant Director, Legal Division-Gas Utilities/LP Gas 
Railroad Commission of Texas 
Effective date: March 21, 1994 
Proposal publication date: August 31, 1993 
For further information, please call: (512) 463-7094 

TITLE 22. EXAMINING BOARDS 
Part I. Texas Board of Architectural Examiners 
Chapter 1. Architects 
Subchapter B. Registration 
22 TAC sec.1.21 
  The Texas Board of Architectural Examiners adopts an amendment to sec.1.21, 
without changes to the proposed text as published in the December 7, 1993, issue 
of the Texas Register (18 TexReg 9040). 
 The amendment is necessary to provide eligibility requirements with an 
effective date for applicants applying for architectural registration. 
 The amendment will provide applicants with notice of requirements which may 
affect their eligibility as candidates for registration. 
 No comments were received regarding adoption of the rule. 
 The amendment is adopted under Texas Civil Statutes, Article 249a, which 
provide the Texas Board of Architectural Examiners with the authority to 
promulgate rules. 
 
  This agency hereby certifies that the rule as adopted has been reviewed by 
legal counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on March 2, 1994. 
TRD-9436962 
LaVonne Garland 
Interim Director 
Texas Board of Architectural Examiners 
Effective date: March 23, 1994 
Proposal publication date: December 7, 1993 
For further information, please call: (512) 458-1363 

Subchapter D. Certification and Annual Registration 
22 TAC sec.1.69 
  The Texas Board of Architectural Engineers adopts an amendment to sec.1.69, 
without changes to the proposed text as published in the December 7, 1993, issue 
of the Texas Register (18 TexReg 9041). 
 The amendment is necessary to clarify the board's requirements for 
reinstatement of license. 
 The amendment will provide current and former licensees with notice of 
reinstatement requirements and procedures. 
 An individual wrote a letter in support of the amendment. 
 The amendment is adopted under Texas Civil Statutes, Article 249a, which 
provide the Texas Board of Architectural Examiners with the authority to 
promulgate rules. 
 
  This agency hereby certifies that the rule as adopted has been reviewed by 
legal counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on March 2, 1994. 
TRD-9436961 
LaVonne Garland 
Interim Director 
Texas Board of Architectural Examiners 
Effective date: March 23, 1994 
Proposal publication date: December 7, 1993 
For further information, please call: (512) 458-1363 

Part XXIV. Texas Board of Veterinary Medical Examiners 
Chapter 571. Licensing 
License Renewals 
22 TAC sec.571.59 
  The Texas Board of Veterinary Medical Examiners adopts an amendment to 
sec.571.59, with changes to the proposed text as published in the November 9, 
1993, issue of the Texas Register (18 TexReg 8097). 
 The amendment brings the rule into compliance with the amended Veterinary 
Licensing Act, which allows for a one-year delinquency in licensure. Section 
13(d) of the Act authorizes the Board to exempt delinquent licensees, practicing 
in another state for two years or more, from being reexamined in order to 
reinstate their Texas license. During the October 1993, meeting, the Board voted 
to not implement sec.13(d) due to the potentially major budgetary impact. The 
change removes subsection (d) from the adopted rule. 
 The rule requires delinquent licensees to petition the Board in person for 
license reinstatement, and submit to reexamination as ordered by the Board. 
 The agency did not receive any comments concerning adoption of the rule. 
 The amendment is adopted under Texas Civil Statutes, Article 8890, sec.7(a), 
which provide the Texas Board of Veterinary Medical Examiners with the authority 
to make, alter, or amend such rules and regulations as may be necessary or 
desirable to carry into effect the provisions of this Act. 

sec.571.59. Cancelled Licenses.  Every applicant for license renewal who has 
failed to renew his/her license for a period of one year or more may be required 
to appear before the Board to explain why the license was allowed to lapse and 
the reason for wanting it reinstated. The applicant also needs to submit to 
reexamination and comply with the requirements and procedures for obtaining an 
original license. 
 
  This agency hereby certifies that the rule as adopted has been reviewed by 
legal counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on February 18, 1994. 
TRD-9436965 
Ron Allen 
Executive Director 
Texas Board of Veterinary Medical Examiners 
Effective date: March 23, 1994 
Proposal publication date: November 9, 1993 
For further information, please call: (512) 447-1183 

Chapter 573. Rules of Professional Conduct 
Supervision of Personnel 
  22 TAC sec.573.13 
  The Texas Board of Veterinary Medical Examiners adopts new sec.573.13, with 
changes to the proposed text as published in the January 4, 1994, issue of the 
Texas Register (19 TexReg 19). 
 Senate Bill 623, 73rd Legislature, added sec.7(b) to the Veterinary Licensing 
Act to require the Board to establish rules to protect the public by requiring 
that alternate therapies (non-traditional veterinary medicine) performed on non-
human animals be performed by or under the supervision of a licensed 
veterinarian. Texas and the nation are experiencing an increase in non-licensed 
veterinarians using treatments and procedures historically used on humans, some 
of which require a license when performed on humans and some that do not. This 
rule relates to the use of ultrasound in therapy and diagnosis. While ultrasound 
is commonly used in human medicine, its use and related procedures are not 
clearly defined for veterinary medicine. Consequently, the legislature empowered 
the board to regulate the use of ultrasound in therapy and diagnosis when 
applied to non-human animals by determining the nature of veterinarian 
involvement when they are used. 
 The section will implement the new statutory responsibility placed on the board 
to make rules to protect the public when ultrasound is used by non-licensed 
veterinarians in diagnosis and therapy. The rule determines the manner in which 
a veterinarian and a lay person are involved where ultrasound is used. The rule 
defines terms related to ultrasound and makes its use the practice of veterinary 
medicine if it is used to make a diagnosis or for any therapeutic purpose. The 
rule allows veterinarians to use ultrasound in diagnosis and treatment. It also 
sets out specific conditions for non-veterinarians to use ultrasound. For 
example, in order for a non-veterinarian to obtain an ultrasound image to make a 
diagnosis, the veterinarian must establish a veterinarian/client/patient 
relationship for the animal involved, the ultrasound procedure must be performed 
at the direct request of the veterinarian, and only the veterinarian makes the 
diagnosis. The rule also makes the use of ultrasound on non-human animals in a 
manner inconsistent with the rule a violation of the Act. 
 Terry Boucher, executive director, Texas Osteopathic Association, Round Rock, 
Texas, suggested that in subsection (d) a sentence be added to clarify that this 
rule has no jurisdiction over persons who are allowed to use ultrasound on 
humans. The board agrees that some clarification may be of value, but changes 
subsections (b) and (c) by adding the term non-human before the word animal to 
accomplish the clarification. 
 The new section is adopted under Texas Civil Statutes, Article 8890, sec.7(a) , 
which provide the Texas Board of Veterinary Medical Examiners with the authority 
to make, alter, or amend such rules and regulations as may be necessary or 
desirable to carry into effect the provisions of this Act. 

sec.573.13. Use of Ultrasound in Diagnosis or Therapy. 
  (a) Definitions. 
  (1) Ultrasound-mechanical radiant energy with a frequency greater than 20 
kilocycles per second. 
  (2) Ultrasonics-that part of the science of acoustics dealing with the 
frequency range beyond the upper limit of perception by the human ear, but 
usually restricted to frequencies above 500 kilocycles per second. 
  (3) Ultrasonic radiation-the effect of ultrasound which is injurious to 
tissues because of its thermal effects when absorbed by living matter. 
  (4) Ultrasound therapy-controlled doses of ultrasound used therapeutically to 
selectively break down pathologic tissues, as in treatment of arthritis and 
lesions of the nervous system. 
  (5) Diagnostic ultrasound-ultrasound images used as a diagnostic aid by 
visually displaying echoes received from irradiated tissues. 
  (6) Ultrasonography-the visualization of deep structures of the body by 
recording the reflections of pulses of ultrasonic waves directed into the 
tissues. 
  (b) Use of Ultrasound for Diagnosis or Therapy of Animals. The use of 
ultrasound in animals to diagnose any condition or for any therapeutic purpose 
is the practice of veterinary medicine and shall only be performed by a licensed 
veterinarian or under the general supervision of a licensed veterinarian. 
  (c) Use of Ultrasound by Persons Who Are Not Licensed Veterinarians. 
  (1) For diagnostic purposes-A person who is not a licensed veterinarian may 
perform ultrasonography on an animal for diagnostic purposes only if: the person 
administering the ultrasound is doing so at the request of a licensed 
veterinarian; the veterinarian has established a veterinarian/client/patient 
relationship; and it is the veterinarian who uses the ultrasonography to make a 
diagnosis. 
  (2) For therapeutic purposes-A person who is not a licensed veterinarian may 
perform ultrasonography on an animal for therapeutic purposes only if a 
veterinarian has: established a veterinarian/client/patient relationship; made a 
diagnosis; prescribed ultrasonics as a treatment; and, the person administering 
the ultrasound is doing so at the specific request of a licensed veterinarian. 
  (d) Prohibited Acts: Any person who uses ultrasound on animals in a manner 
inconsistent with this rule shall be in violation of this rule and the Texas 
Veterinary Licensing Act. 
  This agency hereby certifies that the rule as adopted has been reviewed by 
legal counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on February 24, 1994. 
TRD-9436809 
Ron Allen 
Executive Director 
Texas Board of Veterinary Medical Examiners 
Effective date: March 21, 1994 
Proposal publication date: January 4, 1994 
For further information, please call: (512) 447-1183 

Other Provisions 
22 TAC sec.573.68 
  The Texas Board of Veterinary Medical Examiners adopts an amendment 
sec.573.68, without changes to the proposed text as published in the October 26, 
1993, issue of the Texas Register (18 TexReg 7456). 
 The rule eliminates misunderstandings as to what a practitioner, with a 
suspended license to practice, may and may not do during the suspension period. 
 The rule limits the licensee under suspension to performance of administrative 
work; prohibits supervision of other veterinarians; mandates that licensees 
notify all employees of the clinic, hospital, etc. of the Board's Order, and 
advise the Board that this has been accomplished, within 30 days of the 
effective date of the Order, and clearly states that evidence of violations of 
this rule will initiate further disciplinary action. 
 The agency did not receive any comments concerning adoption of the rule. 
 The amendment is adopted under Texas Civil Statutes, Article 8890, sec.7(a), 
which provide the Texas Board of Veterinary Medical Examiners with the authority 
to make, alter, or amend such rules and regulations as may be necessary or 
desirable to carry into effect the provisions of this Act. 
 
  This agency hereby certifies that the rule as adopted has been reviewed by 
legal counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on February 18, 1994. 
TRD-9436963 
Ron Allen 
Executive Director 
Texas Board of Veterinary Medical Examiners 
Effective date: March 23, 1994 
Proposal publication date: October 26, 1993 
For further information, please call: (512) 447-1183 

22 TAC sec.573.69 
  The Texas Board of Veterinary Medical Examiners adopts an amendment to 
sec.573.69, without changes to the proposed text as published in the October 26, 
1993, issue of the Texas Register (18 TexReg 7457). 
 This rule will ensure that all appropriate authorities are notified when 
licensed veterinarians are found by the Board to have engaged in criminal 
conduct. 
 The rule requires that appropriate authorities be notified when a licensee has 
been found to have engaged in criminal conduct, whether it be narcotic or no-
narcotic in nature. 
 The agency did not receive any comments concerning adoption of the rule. 
 The amendment is adopted under Texas Civil Statutes, Article 8890, sec.7(a), 
which provide the Texas Board of Veterinary Medical Examiners with the authority 
to make, alter, or amend such rules and regulations as may be necessary or 
desirable to carry into effect the provisions of this Act. 
 
  This agency hereby certifies that the rule as adopted has been reviewed by 
legal counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on February 18, 1994. 
TRD-9436964 
Ron Allen 
Executive Director 
Texas Board of Veterinary Medical Examiners 
Effective date: March 23, 1994 
Proposal publication date: October 26, 1993 
For further information, please call: (512) 447-1183 

Chapter 575. Practice and Procedure 
Practice and Procedure 
22 TAC sec.575.27 
  The Texas Board of Veterinary Medical Examiners adopts  sec.575.27, concerning 
complaints, without changes to the proposed text as published in the November 9, 
1993, issue of the  Texas Register (18 TexReg 8098). 
 Senate Bill 623, 73rd Legislature, revised the Veterinary Licensing Act's 
process for receipt, investigation, and disposition of complaints against 
licensees received by the board. The revisions require more extensive tracking, 
monitoring, and reporting of the complaint process. Revisions were also made to 
the range of penalties the board may access and the due process elements and 
appeals in cases where the board proposes disciplinary action against a 
licensee. Rule 575.27 formalizes the statutory changes into operating policies 
and procedures for the board's process. The rule will ensure the board is both 
complying with its statutory duties to investigate complaints properly and take 
appropriate disciplinary actions against licensees found in violation of law and 
rules as well as assuring that the rights of complainants and respondents are 
preserved. 
 The rule sets out the steps that the board and the board's staff take from 
receipt of a complaint through its final disposition. For example, the rule 
defines the procedure for receiving, logging, and monitoring the investigation 
of a complaint. The rule also sets out the steps and roles of persons involved 
in informal conferences and subsequent steps and time lines, depending on the 
results of the conference. The rule prescribes the process for setting contested 
case hearings with the State Office of Administrative Hearings and states that, 
if an Administrative Law Judge issues a proposal for decision with findings of 
fact and conclusions of law, the proposal for decision shall not indicate any 
recommended penalty as a finding of fact or conclusion of law. The board will 
then take any proposal for decision issued by an Administrative Law Judge and, 
based on the findings of fact, conclusions of law, and proposal for decision, 
may by order find that a violation has occurred and impart disciplinary action 
against the licensee. 
 Written comment was received from Steven L. Martin, Chief Administrative Law 
Judge, State Office of Administrative Hearings (SOAH). SOAH requests that the 
following be removed from the proposed rule: "If an administrative law judge 
issues a proposal for decision with findings of fact and conclusions of law, the 
proposal for decision shall not indicate any recommended penalty as a finding of 
fact or conclusion of law." Mr. Martin believes that this part of the proposed 
rule conflicts with the statutory authority and duty of SOAH in handling 
contested cases referred to it by the Board. Mr. Martin recognizes the Board's 
need to retain discretionary authority over sanctions, but he believes this need 
must be balanced against the formalities and rights of parties in contested 
cases. He further submits that the Board can effectively influence the outcome 
of a hearing through proper evidence, legal argument, and by sound written 
statements of policy. The Board did not include Mr. Martin's suggestions. Mr. 
Martin is mistaken that prohibiting SOAH from including a proposed penalty as a 
finding of fact or conclusion of law in any way infringes on SOAH's statutory 
authority. The Texas Government Code, sec.2001.058(b), requires a SOAH 
Administrative Law Judge to follow an agency's rules. Agency rules often 
describe in great detail the procedures for contested case hearings. The 
proposed rule just adds another procedural requirement. Prior to SOAH's 
beginning to conduct contested case hearings, the proposals for decision 
received by the Board did not list the proposed penalty as a finding of fact or 
a conclusion of law. SOAH itself has been inconsistent. In some cases, proposed 
penalties are listed as findings of fact or conclusions of law. In others, they 
are placed elsewhere in the proposal for decision. 
 The new section is adopted under Texas Civil Statutes, Article 8890, sec.7(a) , 
which provide the Texas Board of Veterinary Medical Examiners with the authority 
to make, alter, or amend such rules and regulations as may be necessary or 
desirable to carry into effect the provisions of this Act. 
 
  This agency hereby certifies that the rule as adopted has been reviewed by 
legal counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on February 18, 1994. 
TRD-9436966 
Ron Allen 
Executive Director 
Texas Board of Veterinary Medical Examiners 
Effective date: March 23, 1994 
Proposal publication date: November 9, 1993 
For further information, please call: (512) 447-1183 

TITLE 30. ENVIRONMENTAL QUALITY 
Part I. Texas Natural Resources Conservation Commission 
Chapter 317. Design Criteria for Sewerage System 
Sewage Collection System 
30 TAC sec.317.2 
  The Texas Natural Resource Conservation Commission adopts the repeal of 
sec.317.2, and new sec.317.2, concerning design of sewerage collection systems. 
The new section was adopted with changes to the proposed text as published in 
the September 7, 1993, issue of the Texas Register  (18 TexReg 5962). The 
section establishes minimum design standards for the installation of gravity 
sewage collection lines. The section proposes to define minimum acceptable 
standards and recommended guidelines which must be met in order to obtain 
construction approval. The authority vested in the chapter has been granted to 
the Texas Natural Resource Conservation Commission by the 70th Legislature under 
the Texas Water Code, sec.26.034. 
 The following changes reflect the changes in the document pursuant to comments 
received. 
 The commission received comments on the proposed rules from the following 
organizations: Arter & Hadden; Hayter Engineering, Inc.; Bury, Pittman, Inc.; 
Texas Society of Professional Engineers; City of Lubbock; Urban Engineering; San 
Antonio Water System; Hobas Pipe USA, Inc.; City of Austin; City of Wichita 
Falls; LAMSON Vylon Pipe; Texas Municipal League; Fort Worth Water Dept.; Hydro 
Conduit Corporation; Freese And Nichols, Inc.; Hancor, Inc.; Biggs & Mathews, 
Inc.; City of Amarillo; El Paso Water Utilities; TX Concrete Pipe Assoc.; 
Shimek, Jacobs & Finklea; City of Haltom City; Parkhill, Smith & Cooper; Dallas 
Water Utilities; Barton Springs/Edwards Aquifer Conservation District; and City 
of Weatherford. 
 Several commenters expressed support for the rules as drafted. 
 One commenter suggested making reference to trench safety regulations. This 
information is already referenced in sec.317.7 and will be clarified in further 
rules revisions. 
 One commenter suggested that the TNRCC directed considerable attention on 
flexible pipe and suggested that more specific design and installation criteria 
for rigid pipe is necessary. The TNRCC staff will evaluate rigid pipe design for 
future modifications if necessary. 
 One commenter expressed concern regarding increased liability for the design 
engineer due to increased certification requirements. Since these requirements 
are not being changed over previous requirements, the TNRCC does not agree that 
there is an increased liability. 
 One commenter requested clarification as to the relationship between 30 TAC and 
31 TAC. All rules previously adopted under 31 TAC were included in 30 TAC 
verbatim. 
 One commenter questioned the reasonableness of designing for a life cycle of 50 
years. The staff of the TNRCC generally acknowledge that a 50-year design life 
is reasonable. 
 One commenter suggested inserting a cross-reference to 30 TAC Chapter 313. The 
staff of the TNRCC agrees and have included a reference. 
 One commenter requested clarification regarding when certification by the 
executive director is required. The proposed rules did not recommend any changes 
in this area. All plans and specifications for all sewage collection and 
treatment systems must be submitted to the TNRCC for review and approval prior 
to construction. 
 One commenter requested clarification of the term "minimization of anaerobic 
conditions." Reference has been included to manuals on odor control and 
corrosion resistance. 
 One commenter requested a change in the submittal process to expedite the 
review and approval. The staff of the TNRCC are working to delegate review and 
approval authority for gravity collection lines which are not self-funded to 
local cities which have adequate staff and expertise to assume TNRCC review and 
approval authority. 
 Several commenters objected to the requirement for full-time inspection under 
the direction of the design engineer. The staff of the TNRCC agrees and have 
modified the rules to reflect this comment. In general, the staff maintains that 
inspections under the responsibility of a professional engineer are necessary 
during certain activities; however, the rules have been modified to allow the 
owners and engineers more flexibility. 
 One commenter noted that pretreatment programs should address design concerns 
in the proposed rules regarding the character of industrial wastes. Staff of the 
TNRCC disagree since not all cities have pretreatment ordinances and not all 
industries are regulated. 
 One commenter suggested that the rules should focus strictly on the ASTM 
standard as the regulatory index of finished product reliability. The TNRCC 
already requires identification of appropriate ASTM, ANSI, and AWWA standards 
for both quality control and installation of sewer pipe. 
 One commenter expressed concern regarding the wastewater sampling requirements 
involved in the pipe selection process. These rules did not change from previous 
versions and the staff of the TNRCC feels strongly that these requirements are 
appropriate. It should be recognized that site specific sampling is not required 
for all projects; however, a general knowledge of the typical flow and 
industrial loadings into the collection system has always been necessary. 
 Several commenters noted that reference should be cited as ASTM, ANSI, and AWWA 
Standards and not specifications. The TNRCC agrees and has made the appropriate 
changes. 
 Several commenters expressed concern over the use of "Commission Approved" 
liners and the use of admixtures. These are required only for lines which are 
subjected to corrosive internal conditions. The TNRCC would consider admixtures 
as an approved liner. Reference to "Commission Approved" liners has been 
modified. Staff of the TNRCC are continuing to investigate the adequacy and 
appropriateness of liners. 
 One commenter suggested that all pipes should be corrosion resistant to pH 0.7 
or be lined with a corrosion resistant material. TNRCC generally agrees; 
however, additional research is necessary in this area. 
 One commenter suggested that the ring stiffness is the "diameter weighted pipe 
stiffness" and that there was no need to require conversion of Ring Stiffness 
Constant to Pipe stiffness. Formulas for both are given in appropriate ASTM 
standards. Staff of the TNRCC included this for review and information purposes 
only to assist the design engineer. The rules do not require this conversion; 
however, if the conversion is necessary this is the appropriate formula. 
 One commenter suggested that the reference to Leonhardt's Zeta factor should be 
removed. The staff of the TNRCC generally disagree; however, further evaluation 
will be made to the circumstances at which time this information is critical. 
 Several commenters expressed concern regarding the minimum criteria as 
established. One commenter believed that reference to 46 psi is unnecessary and 
suggested a change in this sentence to read as follows "In all cases the design 
procedure, such as outlined in the subsection, shall dictate the minimum pipe 
stiffness or ring stiffness constant. In addition, the Flexible Pipe material 
shall meet the minimum pipe stiffness or ring stiffness constant, whichever term 
is applicable, as given in the applicable ASTM standards for the pipe material." 
The staff of the TNRCC will evaluate under what conditions this criteria is 
appropriate and may recommend changes in the future. 
 One commenter suggested that the requirement that special consideration shall 
be given to pipe stiffness at the expected installation temperature is 
unnecessary for Flexible Pipe. The expected installation temperature will be the 
ambient air temperature. The commenter noted that temperatures may fluctuate 
greatly in Texas; however, plastic pipes have been shown to possess adequate 
handling stiffness for proper installation even on hot days if they are designed 
using the minimum ring stiffness constants and pipe stiffness values given in 
the applicable ASTM standards. Staff of the TNRCC intended this to require the 
design engineers to evaluate the installation temperature and other relevant 
conditions as appropriate. 
 One commenter requested information regarding "design methodologies" and other 
alternatives for trenchless technology. The TNRCC believes that the rule as 
currently drafted is intended to provide performance specifications and not 
specific method specifications. 
 One commenter suggested that Ductile Iron pipes are not always "rigid" pipes. 
The staff of the TNRCC generally agree; However, since the load bearing capacity 
of the pipe is higher than flexible pipes, the TNRCC considers ductile iron pipe 
to be rigid. 
 One commenter suggested that the information should be included on the plans 
instead of in a separate report. The TNRCC generally disagrees since a technical 
report is required for all projects and this type of information is typically 
included and is necessary. TNRCC past experience has proven that this 
information is necessary and should be included. 
 One commenter requested that the requirements for "rigid pipe" and "flexible 
pipe" be consistent. The staff of the TNRCC generally agree; however, greater 
elaboration was necessary for flexible pipe analysis at this time. 
 One commenter expressed concern regarding the testing requirement for existing 
systems that are being rehabilitated. Rehabilitation of an existing system with 
a new system which does not change flow capacity, expected flow, or pipe 
locations does not require TNRCC review and approval. 
 One commenter requested clarification regarding funding for testing of 
installed pipe. This portion of the rules did not change and; therefore, the 
funding sources will remain the same. 
 One commenter suggested the infiltration and exfiltration rates should be 
lowered for the recharge zone of the Edwards Aquifer. The staff of the TNRCC 
agree; however, that change is more appropriate in Chapter 313 "Edwards Aquifer 
Rules" not Chapter 317. 
 One commenter suggested that testing levels are "desirable but not 
unachievable." Based on current technology and design standards the TNRCC 
believe that these revised testing levels are appropriate. One commenter 
suggested that requiring a minimum test head of two feet above the existing 
groundwater may more often than not be an un-conservative test. The test should 
be conducted at a minimum test head of two feet above the highest known 
groundwater level. This will insure against infiltration for all groundwater 
levels. The staff of the TNRCC generally agree and have clarified the difference 
between infiltration and exfiltration testing and the need to utilize the 
groundwater level. 
 One commenter suggested that the minimum times listed in the table are 
approximately twice as stringent as those recommended in ASTM C-924. This does 
not reflect any change from existing criteria; however, the TNRCC will clarify 
the necessary testing procedures and testing times. 
 One commenter recommended that ASTM F-1714 be added to the list of low pressure 
air requirements. The staff of the TNRCC agree and included the appropriate 
reference. 
 One commenter noted that the structural integrity of sewage pipe may be 
compromised when trenching encounters extensive fracture or fault zones, caves, 
or other significant solutional modification of the rock strata. Staff of the 
TNRCC generally agree and have included some modified language. 
 One commenter asked the benefit of specifying maximum trench width. This 
information is utilized in the bedding envelope design and is necessary 
information to complete the review. 
 One commenter suggested that the TNRCC allow the use of large stones in the 
secondary backfill when there is at least five feet of cover over the top of the 
pipe. The TNRCC will consider this activity on a case-by-case basis in 
accordance with the existing rules. 
 One commenter suggested that flexible pipe which is submerged in ground water 
should be installed with class I embedment only with geotech fabric surrounding 
the embedment. The staff of the TNRCC generally agree; however, they feel 
additional investigations into the cost associated with this recommendation and 
the resulting environmental benefit is necessary. Any changes in this regard 
will be included in later revisions to the rules. In general, the rules are not 
intended to provide specific design solutions and instead provide a general 
approach and allow flexibility for the design engineer to develop innovative 
solutions within the scope of the rules. 
 One commenter requested that class "D" bedding be recognized as an approved 
bedding material. The staff of the TNRCC disagree with the commenter and believe 
that class "D" bedding is not appropriate unless justified on a case-by-case 
basis. 
 Several commenters had concerns regarding the mandrel design and one commenter 
requested a standard detail for the mandrel design. The TNRCC does not have a 
standard detail and does not want to limit the design engineers ability to 
utilize various designs. 
 One commenter suggested that deflection testing should be an option to on-site 
visual inspection and densification monitoring. Staff of the TNRCC disagree with 
this comment. 
 Several commenters suggested that the mandrel sizing, madrel design, method 
options, and site inspections should be omitted unless similar testing 
requirements are imposed on rigid pipes. The staff of the TNRCC disagree with 
this recommendation. 
 One commenter suggested that statistical or other tolerance packages should be 
permitted. The staff of the TNRCC generally disagree with this comment. 
 One commenter suggested that the language which allows TNRCC inspection of 
deflection testing for flexible pipe is discriminatory towards flexible pipes. 
 Several commenters also expressed concern over the notification and Inspection 
requirements. The staff of the TNRCC agree and have modified and moved this 
language to include all installation and construction activities. By conducting 
inspections the executive director assumes no responsibility for the design or 
construction of the facilities. 
 One commenter suggested that this criteria should be located with the rest of 
the testing criteria in sec.317.2(a)(4). The TNRCC agrees and have made 
appropriate changes. 
 Several commenters suggested adjusting the requirement regarding certification 
within 30 days. TNRCC agree and have made appropriate changes. 
 One commenter suggested that these rules require submittal of a report which 
addresses numerous areas and requested that the rules require certain specified 
criteria. The TNRCC is attempting to allow the design engineer more flexibility 
in the design process instead of the TNRCC providing explicit design criteria. 
 One commenter expressed concern regarding the necessity to wait 30 days to 
conduct the deflection test in light of the requirements for the pipe design and 
bedding criteria. The TNRCC maintains that this test verifies the installation 
techniques and methods in addition to pipe design and bedding criteria and that 
the 30-day waiting period is referenced in most standard construction manuals. 
 Several commenters suggested that the requirement for waiting 30 days to 
reevaluate systems that have been tested and failed an initial mandrel test is 
excessive for point repairs. The rules are not intended to address specific 
instances such as this and these issues are better handled through the variance 
process. 
 One commenter requested that the Commission should consider training and 
certification of authorized personnel to witness the deflection tests and to 
approve these tests locally to facilitate the process, in lieu of direct 
reporting to the Executive Director. The staff of the TNRCC feel that the 
certification of these reports and submission to the E.D. is appropriate. 
 One commenter suggested that the paragraph concerning "Protecting Public Water 
Supply" sec.317.2(a)(5)(B)(5) should be a new paragraph. The staff of the TNRCC 
agree and the numbering system has been altered. 
 One commenter questioned the minimum distance requirement for an air gap of two 
pipe diameters. The Staff generally agree and will make appropriate changes. 
 Several commenters commented on the active geologic faults criteria. Several 
changes are being proposed to this section. 
 One commenter requested elaboration on the standards of evaluation for the 
erosion control plan. The TNRCC anticipates that compliance with the EPA storm 
water criteria will suffice for compliance with this rule. 
 Several commenters recommended revising the language regarding separation 
distances to increase separation distances between wastewater collection lines 
and private wells, and to ensure that the language in the wastewater collection 
system rules and the water system rules was consistent. The staff of the TNRCC 
disagree with increasing the private well separation distance because adequate 
language already exists to protect public health in the water system rules. The 
staff of the TNRCC generally agree that greater consistency between the various 
rules should be achieved. Changes have been made to these proposed rules to 
refer to the appropriate water system rules and require that the strictest rule 
shall have precedence. 
 Several commenters suggested that the design of new systems should also be 
allowed to be based upon local reliable flow data and engineering analysis. 
Staff of the TNRCC agrees and have made the appropriate changes. 
 One commenter recommended that the minimum velocity be increased from two feet 
per second to three feet per second. Staff of the TNRCC generally disagree, and 
note that the two feet per second is a minimum velocity. 
 Several commenters suggested that a Manning's "n" of less than .013 is 
appropriate and that this conservative value discriminates against certain 
pipes. The staff of the TNRCC agree that all pipes will have variable "n" 
factors; however, the factor will vary with time and pipe material. The staff 
disagree that a lower value is appropriate and will continue to utilize this "n" 
value of 0.013. 
 One commenter suggested eliminating the language allowing slight deviations in 
alignment. Staff of the TNRCC disagree and based on experience this language is 
appropriate. 
 Several commenters have questioned the elimination of curved sewer lines for 
systems. The staff of the TNRCC do not encourage curved sewer lines; however, 
there is a TNRCC policy which allows curved lines under certain conditions. This 
policy may be included in future rules as appropriate. 
 Several commenters suggested eliminating the language allowing deviations in 
manhole location. Staff of the TNRCC generally disagree; however, some changes 
have been made to this section. 
 One commenter expressed concern regarding the use of bricks to adjust manholes. 
The staff of the TNRCC agree and this reference was eliminated. 
 One commenter suggested that water-tight resilient connectors between the walls 
of the pipe and manhole be required to reduce infiltration when constructed in 
ground water conditions. The staff of the TNRCC generally agree and have made 
some changes to that section. 
 One commenter questioned the need to test manholes. The staff of the TNRCC feel 
that this requirement is necessary. Additionally, language was added to this 
requirement regarding what to do when tests indicate failure of the manhole. 
 Several commenters expressed concerns regarding the alternative collection 
system criteria and one commenter expressed concern regarding the responsibility 
of maintenance of grinder pump systems. Staff of the TNRCC have made some 
changes to this section to address some of these concerns. The TNRCC is also 
drafting formal rules to more clearly describe alternative collection system 
requirements. 
 Several commenters requested that alternative sewer systems be more adequately 
defined. Staff agree that alternative wastewater collection systems need to be 
better defined. Clarifications and definitions have been added to various 
sections of sec.317.2(d) for this purpose. 
 One commenter expressed concern that the proposed alternative wastewater 
collection system rules would restrict the use of these systems in politically 
and environmentally sensitive areas. The intent of the proposed rule changes is 
to provide technical requirements for the successful design, construction and 
operation of alternative wastewater collection systems. The engineering report 
which accompanies the proposed design should demonstrate that an alternative 
wastewater collection system is preferable on the basis of the requirements 
contained in the proposed  sec.317.2(d). However, it is acceptable for a local 
governmental entity to chose to impose more strict requirements for alternative 
wastewater collection systems than those contained in the proposed rules, up to 
and including outright bans of these types of collection systems. In addition, 
other Commission or State agency rules may impact decisions to utilize 
alternative wastewater collection systems in environmentally sensitive areas. No 
changes will be made to the proposed rules. 
 Two commenters objected to the general management requirement for alternative 
wastewater collection systems in the proposed rule. Another commenter objected 
to the alternative wastewater collection system maintenance agreement on the 
basis that the TNRCC would be dictating staffing levels to local entities. The 
requirements for management structure review are part of the existing rules and 
are routinely handled by the TNRCC plans and specifications review staff. 
Adequate management of maintenance activities is essential to the successful 
operation of alternative wastewater collection systems. A specific management 
structure (including staffing levels) is not required, so long as it is 
described and the requirements of sec.317.2(d)(1) are met. The case-by-case 
review of management structures may lead to situations where additional staff 
may need to be hired. However, the TNRCC staff feel that this is a reasonable 
cost to assure that alternative wastewater collection systems can be properly 
operated and maintained. No changes will be made to the proposed rules. 
 One commenter objected to references in the rules to septic tanks and felt that 
this would require cities to be responsible for private septic systems. The 
staff agree with the commentator about the references to "septic tanks" and 
"septic systems." Private septic tank systems are regulated under the 30 TAC 
Chapter 285 related to "On-Site Wastewater Treatment." However, the staff feel 
that it is appropriate to regulate septic tanks which are being considered for 
inclusion in an alternative wastewater collection system because of the impact 
of poorly designed, constructed or maintained septic tanks on the environment 
and cost effective operation and maintenance of an alternative wastewater 
collection system. In addition, interceptor and pump tanks are integral parts of 
an alternative wastewater collection system. References to septic tanks have 
been clarified accordingly. 
 One commenter commented on the redundancy of having both legally binding 
maintenance agreements and requirement for maintenance by municipalities. The 
staff feel that the proposed rule is not redundant and simply addresses the 
necessary requirements for the successful management of alternative wastewater 
collection system by a variety of entities. No changes to the proposed rules 
will be made. 
 One commenter suggested making reference to groundwater resources. The staff of 
the TNRCC consider reference to State waters in this section to include 
groundwater. 
 Two commenters objected to the requirement in the proposed rule that 
maintenance schedules be submitted to the commission. The staff feel that the 
submission of a proposed maintenance schedule is an important aspect of managing 
alternative wastewater collection systems. The ability of the managing entity to 
maintain the proposed system needs to be demonstrated. Detailed maintenance 
schedules are not included in the design criteria so as to allow a flexible 
case- by-case review. Appropriate changes have been made to clarify this point. 
 Several commenters generally objected to perceived new requirements that 
municipalities will now be responsible for what previously were considered 
private systems. One commenter objected to the requirement in sec.317.2(d)(1)(H) 
that pumping units, grinder pumps, and septic tanks be considered as an integral 
component of the system and not part of the home plumbing. The staff note that 
the specific subsection in the proposed rule is essentially the same as the 
existing rule. In general, the proposed rule codifies existing Commission review 
policy. No changes to the proposed rule will be made. 
 One commenter requested a clarification on the duration of the power outage for 
purposes of assuring collection system integrity during power outages as 
required in sec.317.2(d)(1)(I) of the proposed rule. The intent of the rule is 
to follow the procedures described in the existing rules, sec.317.3(e)(1), 
related to emergency power. The proposed rules will be modified to clarify this 
point. 
 One commenter requested clarification on how the number of pumping units would 
be determined for the purposes of hydraulic calculations as described in 
sec.317.2(d)(2)(1) of the proposed rules. The number of pumps on at a given time 
in a pressure sewer system will be determined based on the engineers judgment, 
manufacturers literature, and engineering reference materials such as the EPA 
Manual of Alternative Wastewater Collection Systems. The intent of this rule is 
to require hydraulic calculations to adequately size the proposed pressure sewer 
pumping system. The proposed rule has been modified to clarify the type of 
hydraulic calculations which are required. 
 One commenter objected to the requirement that copies of hydrostatic tests 
would be made available to the executive director on request. This requirement 
remains essentially unchanged from the existing sec.317.2 rule. The existing 
rule doesn't require submission of the test results, but puts the owner on 
notice that test results may be inspected. No changes will be made to the 
proposed rule. 
 One commentator questioned the need for two backflow prevention devices in 
pressure sewage systems as described in sec.317.2(d)(5)(A). A second backflow 
prevention device located near the force main prevents accidental discharge of 
wastewater if the service line is damaged. It also facilitates repair of damaged 
service lines. Clarification has been made in the proposed rules. 
 One commenter requested a definition of sufficient holding capacity for 
wastewater storage during power outages and equipment failures as described in 
sec.317.2(d)(5)(B). This subsection is unchanged from the previous version of 
the rule. Pump station holding capacity is reviewed on a case-by-case basis. No 
modification to the proposed rules will be made. 
 New sec.317.2(a)(1) defines the minimum cycle life of a collection system to be 
50 years. sec.(a)(2) defines the minimum material standards for the pipe 
selection of sanitary sewer lines. sec.(a)(4)(B) expands on the testing method, 
lists a chart that may be used and allows for testing times to be terminated at 
specific points during the test if there is not a pressure drop. sec.(a)(5) (A) 
states that the design engineer shall define the maximum trench width with a 
minimum clearance of 4 inches below and on both sides of the pipe. Stones larger 
than 6 inches in diameter shall not be used for backfill. Subsection (c) (5)(A) 
of this section states brick manholes shall not be used. Subsection (c) (5)(H) 
covers testing of manholes. Subsection (d) addresses alternative sewer systems 
in detail. 
 The repeal is adopted under the Texas Water Code, sec.26.023, which provides 
the Texas Natural Resource Conservation Commission with the authority to make 
rules setting water quality standards for all water in the state. The section is 
also adopted under the Texas Water Code, sec.5.103, which authorizes the 
commission to adopt any rules necessary to carry out its powers and duties under 
the Water Code and other laws of this state. 
 
  This agency hereby certifies that the rule as adopted has been reviewed by 
legal counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on March 1, 1994. 
TRD-9436971 
Mary Ruth Holder 
Director, Legal Division 
Texas Natural Resource Conservation Commission 
Effective date: March 23, 1994 
Proposal publication date: September 7, 1993 
For further information, please call: (512) 463-8069 

30 TAC sec.317.2 
  The new section is adopted under the Texas Water Code,  sec.26.023, which 
provides the Texas Natural Resource Conservation Commission with the authority 
to make rules setting water quality standards for all water in the state. The 
section is also adopted under the Texas Water Code, sec.5.103, which authorizes 
the commission to adopt any rules necessary to carry out its powers and duties 
under the Water Code and other laws of this state. 

sec.317.2. Sewage Collection System. 
  (a) General Requirements. 
  (1) Design. Sewer lines shall be designed for the estimated future population 
to be served, plus adequate allowance for institutional and commercial flows. 
The collection system design shall provide a minimum structural life cycle of 50 
years. The collection system design shall provide for the minimization of 
anaerobic conditions. Design procedures for the minimization of anaerobic 
conditions outlined in the United States Environmental Protection Agency (EPA) 
Design Manual for Odor and Corrosion Control in Sanitary Sewerage Systems and 
Treatment Plants (EPA/625/1-85/018), ASCE Manual of Engineering Practice Number 
69 (MEP-69) or other appropriate references, should be followed. The owner of 
the collection system shall provide inspection under the direction of a Texas 
registered professional engineer during construction and testing phases of the 
project. All collection systems to be located over the recharge zone of the 
Edwards Aquifer shall be designed and installed in accordance with Chapter 313 
of this title (relating to Edwards Aquifer Rules) in addition to these rules. 
  (2) Pipe Selection. The choice of sewer pipe shall be based on the chemical 
characteristics of the water delivered by public and private water suppliers, 
the character of industrial wastes, the possibilities of septicity, the 
exclusion of inflow and infiltration, the external forces, internal pressures, 
abrasion, and corrosion resistance. For all installations, if a pipe as a whole 
or an integral structural component of the pipe will deteriorate when subjected 
to corrosive internal conditions, a corrosive resistant coating or liner 
acceptable to the Commission shall be installed at the pipe manufacturing 
facility unless the final engineering design report, including calculations and 
data, submitted by the engineer demonstrates that the design and operational 
characteristics of the system will maintain the structural integrity of the 
system during the minimum life cycle. The sewer pipe to be used shall be 
identified in the plans and technical specifications with its appropriate ASTM, 
ANSI or AWWA standard numbers for both quality control (dimensions, tolerances, 
etc.) and installation (bedding, backfill, etc.). 
  (A) Flexible Pipe. The engineer shall submit an engineering report that 
includes the method of defining the modulus of soil reaction, (E'), for the 
bedding material, (E'  [sub]b), and the natural soil (E' point=4.52p  [sub]n), 
or other specific information to quantify the effect of the in-situ material on 
the effective modulus, (E' [sub]e). The report shall also include design 
calculations for E' point=4.52p  [sub]e, prism load, live loads, long-term 
deflection, strain, bending strain, buckling and wall crushing. The design 
calculations shall include all information pertinent to the determination of an 
adequate design including, but not limited to: pipe diameter and material with 
reference to appropriate standards, modulus of elasticity, tensile strength, 
pipe stiffness or ring stiffness constant converted to pipe stiffness as 
described below, Leonhardt's zeta factor or E' [sub]e from another acceptable 
method, the conversion factor used to obtain vertical deflection when using the 
Modified Iowa Equation, trench width, depth of cover, water table elevation, 
etc. Pipe stiffness shall be related to Ring Stiffness Constant (RSC), when 
necessary, by the following equation: 
[graphic] 
  In all cases the design procedure, such as outlined in this subparagraph, 
shall dictate the minimum pipe stiffness whether less than or greater than 46 
psi, however, direct bury installations of flexible pipe material may consider a 
minimum stiffness requirement to ensure ease of handling, transportation and 
construction. Special consideration shall be given to the pipe stiffness at the 
expected installation temperature. The resistance of each material to the 
failure modes of strain, buckling and wall crushing shall be justified to the 
satisfaction of the Executive Director by the engineer. In all situations, the 
design methodology shall be consistent with currently accepted design practices 
and acceptable to the Executive Director. In the design of sanitary sewer 
systems using trenchless technology, other design methodology may be considered 
appropriate depending upon the type of pipe selected and other specific 
conditions. 
  (B) Rigid Pipe. The engineer shall submit an engineering report that includes 
the trench width, water table, and depth of cover, etc. For rigid conduits the 
minimum strengths for the given class shall be noted in the appropriate standard 
for the pipe material. For the purpose of this section, rigid pipe is defined as 
concrete, vitrified clay, or ductile iron pipe. 
  (C) Other pipe materials may be considered on a case-by-case basis by the 
Executive Director. The design and installation of such materials shall 
generally follow the guidelines for flexible or rigid pipe with appropriate 
exceptions. 
  (3) Jointing Material. The materials used and methods to be applied in making 
joints shall be included in the technical specifications. Materials used for 
sewer joints shall have a satisfactory record of preventing infiltration and 
root entrance. Rubber gaskets, PVC compression joints, high compression 
polyurethane, welded or other types of factory made joints are required. 
  (4) Testing of Installed Pipe. An infiltration, exfiltration or low-pressure 
air test shall be specified. Copies of all test results shall be made available 
to the Executive Director upon request. Tests shall conform to the following 
requirements: 
  (A) Infiltration or Exfiltration Tests. The total exfiltration as determined 
by a hydrostatic head test, shall not exceed 50 gallons per inch diameter per 
mile of pipe per 24 hours at a minimum test head of two feet above the crown of 
the pipe at the upstream manhole. When pipes are installed below the groundwater 
level an infiltration test shall be used in lieu of the exfiltration test. The 
total infiltration, as determined by a hydrostatic head test, shall not exceed 
50 gallons per inch diameter per mile of pipe per 24 hours at a minimum test 
head of two feet above the crown of the pipe at the upstream manhole, or at 
least two feet above existing groundwater level, whichever is greater. For 
construction within the 25-year flood plain, the infiltration or exfiltration 
shall not exceed ten gallons per inch diameter per mile of pipe per 24 hours at 
the same minimum test head. If the quantity of infiltration or exfiltration 
exceeds the maximum quantity specified, remedial action shall be undertaken in 
order to reduce the infiltration or exfiltration to an amount within the limits 
specified. 
  (B) Low Pressure Air Test. The procedure for the low pressure air test shall 
conform to the procedures described in ASTM C-828, ASTM C-924, ASTM F-1417 or 
other appropriate procedures, except for testing times. The test times shall be 
as outlined in this section. For sections of pipe less than 36-inch average 
inside diameter, the following procedure shall apply unless the pipe is to be 
joint tested. The pipe shall be pressurized to 3.5 psi greater than the pressure 
exerted by groundwater above the pipe. Once the pressure is stabilized, the 
minimum time allowable for the pressure to drop from 3.5 pounds per square inch 
gauge to 2.5 pounds per square inch gauge shall be computed from the following 
equation: 
[graphic] 
  Since a K value of less than 1.0 shall not be used, there are minimum testing 
times for each pipe diameter as follows: 
[graphic] 
  The test may be stopped if no pressure loss has occurred during the first 25% 
of the calculated testing time. If any pressure loss or leakage has occurred 
during the first 25% of the testing period, then the test shall continue for the 
entire test duration as outlined in this subparagraph or until failure. Lines 
with a 27-inch average inside diameter and larger may be air tested at each 
joint. Pipe greater than 36-inch diameter must be tested for leakage at each 
joint. If the joint test is used, a visual inspection of the joint shall be 
performed immediately after testing. The pipe is to be pressurized to 3.5 psi 
greater than the pressure exerted by groundwater above the pipe. Once the 
pressure has stabilized, the minimum time allowable for the pressure to drop 
from 3.5 pounds per square inch gauge to 2.5 pounds per square inch gauge shall 
be ten seconds. 
  (C) Deflection Testing. Deflection tests shall be performed on all flexible 
pipes. For pipelines with inside diameters less than 27 inches, a rigid mandrel 
shall be used to measure deflection. For pipelines with an inside diameter 27 
inches and greater, a method approved by the executive director shall be used to 
test for vertical deflections. Other methods shall provide a precision of two 
tenths of one percent (0.2%) deflection. The test shall be conducted aafter the 
final backfill has been in place at least 30 days. No pipe shall exceed a 
deflection of 5.0%. If a pipe should fail to pass the deflection test, the 
problem shall be corrected and a second test shall be conducted after the final 
backfill has been in place an additional 30 days. The tests shall be performed 
without mechanical pulling devices. The design engineer should recognize that 
this is a maximum deflection criterion for all pipes and a deflection test less 
than 5. 0% may be more appropriate for specific types and sizes of pipe. Upon 
completion of construction, the design engineer or other Texas Registered 
Professional Engineer appointed by the owner shall certify, to the Executive 
Director, that the entire installation has passed the deflection test. This 
certification may be made in conjunction with the notice of completion required 
in sec.317.1(e)(1) of this title (relating to General Provisions). This 
certification shall be provided for the Commission to consider the requirements 
of the approval to have been met. 
  (i) Mandrel Sizing. The rigid mandrel shall have an outside diameter (O.D.) 
equal to 95% of the inside diameter (I.D) of the pipe. The inside diameter of 
the pipe, for the purpose of determining the outside diameter of the mandrel, 
shall be the average outside diameter minus two minimum wall thicknesses for 
O.D. controlled pipe and the average inside diameter for I.D. controlled pipe, 
all dimensions shall be per appropriate standard. Statistical or other 
"tolerance packages" shall not be considered in mandrel sizing. 
  (ii) Mandrel Design. The rigid mandrel shall be constructed of a metal or a 
rigid plastic material that can withstand 200 psi without being deformed. The 
mandrel shall have nine or more "runners" or "legs" as long as the total number 
of legs is an odd number. The barrel section of the mandrel shall have a length 
of at least 75% of the inside diameter of the pipe. A proving ring shall be 
provided and used for each size mandrel in use. 
  (iii) Method Options. Adjustable or flexible mandrels are prohibited. A 
television inspection is not a substitute for the deflection test. A 
deflectometer may be approved for use on a case-by-case basis. Mandrels with 
removable legs or runners may be accepted on a case-by-case basis. 
  (5) Bedding. Trenching, Bedding and Backfill. The width of the trench shall be 
minimized, but shall be ample to allow the pipe to be laid and jointed properly 
and to allow the backfill to be placed and compacted as needed. The trench sides 
shall be kept as nearly vertical as possible. As used herein, a trench shall be 
defined as that open cut portion of the excavation up to one foot above the 
pipe. The engineer shall specify the maximum trench width. The width of the 
trench shall be sufficient, but no greater than necessary, to ensure working 
room to properly and safely place and compact haunching materials. The space 
must be wider than the compaction equipment used in the pipe zone. A minimum 
clearance of four inches below and on each side of all pipes to the trench walls 
and floor shall be provided. Bedding classes A, B, or C, as described in ASTM C 
12 (ANSI A 106. 2), Water Environment Federation (WEF) Manual of Practice (MOP) 
Number 9 or American Society of Civil Engineers (ASCE) MOP 37 shall be used for 
all rigid pipes, provided that the proper strength pipe is used with the 
specified bedding to support the anticipated load(s). Embedment classes IA, IB, 
II or III, as described in ASTM D-2321 (ANSI K65.171) shall be used for all 
flexible pipes, provided the proper strength pipe is used with the specified 
bedding to support the anticipated load, except that ASTM D-2680 may be used if 
the pipe stiffness is 200 psi or greater. Secondary backfill shall be of 
suitable material removed from excavation except where other material is 
specified. Debris, large clods or stones greater than six inches in diameter, 
organic matter, or other unstable materials shall not be used for backfill. 
Backfill shall be placed in such a manner as not to disturb the alignment of the 
pipe. Where trenching encounters extensive fracture or fault zones, caves, or 
solutional modification to the rock strata, construction shall be halted and an 
engineer shall provide direction to accommodate site conditions. Water line 
crossings shall be governed by special backfill requirements specified in 
sec.317.13 of this title (relating to Appendix E-Separation Distances). 
  (6) Site Inspections. The Executive Director shall, on a random basis, perform 
site inspections. 
  (7) Protecting Public Water Supply. Water lines and sanitary sewers shall be 
installed no closer to each other than nine feet between outside diameters. 
Where this cannot be achieved, the sanitary sewer shall be constructed in 
accordance with sec.317.13 of this title (relating to Appendix E-Separation 
Distances) and sec.290.44(e)(1) of this title (relating to the Water Sources). 
Separation distances between sanitary sewer systems and water wells, springs, 
surface water sources and water storage facilities shall be installed in 
accordance with the requirements of  sec.sec.290.41(c)(1), (d)(1), (e)(1)(C), 
(3)(A), and sec.290.43(b)(3) of this title (relating to Water Storage), as 
appropriate. Where rules governing separation distance are in conflict, the most 
strict rule shall apply. No physical connection shall be made between a drinking 
water supply, public or private, and a sewer or any appurtenance. An air gap of 
a minimum of 18 inches or two pipe diameters, whichever is greater, shall be 
maintained between all potable water outlets and the maximum water surface 
elevation of sewer appurtenances. All appurtenances shall be designed and 
constructed so as to prevent any possibility of sewage entering the potable 
water system. 
  (8) Excluding Surface Water. Proposals for the construction of combined sewers 
will not be approved. Roof, street, or other types of drains which will permit 
entrance of surface water into the sanitary sewer system shall not be 
acceptable. 
  (9) Active Geologic Faults. For systems to be located in areas of known active 
geologic faults, the design engineer shall locate any faults within the area of 
the collection system and the system shall be laid out to minimize the number of 
sewers crossing faults. Where crossings are unavoidable, the engineering report 
shall specify design features to protect the integrity of the sewer. 
Consideration should be given to joints providing maximum deflection and to 
providing manholes on each side of the fault so that a portable pump may be used 
in the event of sewer failures. Service connections within 50 feet of an active 
fault should be avoided. 
  (10)  Erosion Control. Erosion or sedimentation control that minimizes the 
effects of runoff shall be provided during the construction phase of a project. 
This requirement will be reviewed on a case-by-case basis. 
  (b)  Capacities. 
  (1) Sources. The peak flow of domestic sewage, peak flow of waste from 
industrial plants, and maximum infiltration rates shall be considered in 
determining the hydraulic capacity of sanitary sewers. 
  (2)  Existing Systems. The design of extensions to sanitary sewers should be 
based on the data from the existing system. If this is not possible, the design 
shall be based on data from similar systems or paragraph (3) of this subsection, 
New systems. 
  (3) New Systems. New sewers shall be sized using an appropriate engineering 
analysis of existing and future flow data. The executive director shall have the 
authority to determine the reliability and appropriateness of the data utilized 
for sizing the system. In the absence of local reliable flow data and 
engineering analysis, new sewer systems shall be designed on the basis of an 
estimated daily sewage flow contribution as shown in the table in sec.317.4(a) 
of this title (relating to Wastewater Treatment Facilities). Minor sewers shall 
be designed such that when flowing full they will transport wastewater at a rate 
approximately four times the system design daily average flow. Main trunk, 
interceptor, and outfall sewers shall be designed to convey the contributed 
minor sewer flows. 
  (c) Design Details. 
  (1) Minimum size. No sewer other than service laterals and force mains shall 
be less than six inches in diameter. 
  (2) Slope. All sewers shall be designed and constructed with slopes sufficient 
to give a velocity when flowing full of not less than 2.0 feet per second. The 
grades shown in the following table are based on Manning's formula with an 
assumed "n factor" of 0.013 and constitute minimum acceptable slopes. The 
minimum acceptable "n" for design and construction shall be 0.013. The "n" used 
takes into consideration the slime, grit and grease layers that will affect 
hydraulics or hinder flow as the pipe matures. 
[graphic] 
  * For lines larger than 39 inches in diameter, the slope may be determined by 
Manning's formula (as shown below) to maintain a minimum velocity greater than 
2.0 feet per second when flowing full and a maximum velocity less than ten feet 
per second when flowing full. 
[graphic] 
  (3) High Velocity Protection. Where velocities greater than ten feet per 
second will occur when the pipe is flowing full, at slopes greater than those 
listed in paragraph (2) of this subsection, special provisions shall be made to 
protect against pipe displacement by erosion of the bedding and/or shock. 
  (4) Alignment. Sewers shall be laid in straight alignment with uniform grade 
between manholes unless slight deviations from straight alignment and uniform 
grade are justified to the satisfaction of the Executive Director. 
  (5) Manhole Use. Manholes shall be placed at all points of change in 
alignment, grade or size of sewer, at the intersection of all sewers and the end 
of all sewer lines that will be extended at a future date. Any proposal which 
deviates from this requirement shall be justified to the satisfaction of the 
Executive Director. Clean-outs with watertight plugs may be installed in lieu of 
manholes at the end of sewers which are not anticipated to be extended. Such 
installations must pass a leakage test and a deflection test for all flexible 
lines. 
  (A) Type. Manholes shall be monolithic, cast-in-place concrete, fiberglass, 
precast concrete, HDPE or of equivalent construction. Brick manholes shall not 
be used, nor shall brick be used to adjust manhole covers to grade. 
  (B) Spacing. The maximum required manhole spacing for sewers with straight 
alignment and uniform grades are in the following table. Reduced manhole spacing 
may be necessary depending on the utility's ability to maintain its sewer lines. 
Areas subject to flooding require special consideration to minimize inflow. 
[graphic] 
  (C) Inflow and Infiltration Control. Watertight, size-on-size resilient 
connectors allowing for differential settlement shall be used to connect pipe to 
manholes. Pipe to manhole connectors shall conform to ASTM C-923. Other types of 
connectors may be used when approved by the commission. Manholes should not 
allow surface water to drain into them. If manholes are located within the 100-
year flood plain, the manhole covers shall have gaskets and be bolted or have 
another means of preventing inflow. Where gasketed manhole covers are required 
for more than three manholes in sequence, an alternate means of venting shall be 
provided at less than 1,500 foot intervals. Vents should be designed to minimize 
inflow. Impervious material should be utilized for manhole construction in these 
areas in order to minimize infiltration. 
  (D) Manhole Diameter. Manholes shall be of sufficient inside diameters to 
allow personnel to work within them and to allow proper joining of the sewer 
pipes in the manhole wall. The inside diameter of manholes shall be not less 
than 48 inches. 
  (E) Manhole Inverts. The bottom of the manhole shall be provided with a "U" 
shaped channel that is as much as possible a smooth continuation of the inlet 
and outlet pipes. For manholes connected to pipes less than 15 inches in 
diameter the channel depth shall be at least half the largest pipe diameter. For 
manholes connected to pipes 15 to 24 inches in diameter the channel depth shall 
be at least three fourths the largest pipe diameter. For manholes connected to 
pipes greater than 24 inches in diameter the channel depth shall be at least 
equal to the largest pipe diameter. In manholes with pipes of different sizes, 
the tops of the pipes shall be placed at the same elevation and flow channels in 
the invert sloped on an even slope from pipe to pipe. The bench provided above 
the channel shall be sloped at a minimum of 0.5 inch per foot. Where sewer lines 
enter the manhole higher than 24 inches above the manhole invert, the invert 
shall be filleted to prevent solids deposition. A drop pipe should be provided 
for a sewer entering a manhole more than 30 inches above the invert. 
  (F) Manhole Covers. Manhole covers of nominal 24-inch or larger diameter are 
to be used for all sewer manholes. 
  (G) Manhole Access. Design of features for entering manholes shall be guided 
by the following criteria: 
  (i) It is suggested that entrance into manholes in excess of four feet deep be 
accomplished by means of a portable ladder. Other designs for ingress and egress 
should be given careful evaluation considering the safety hazards associated 
with the use of manhole steps under certain conditions. 
  (ii) Where steps are used, they shall be made of a non-corrosive material and 
be in accordance with applicable OSHA specifications as published by the United 
States Department of Labor. 
  (H) Testing. Manholes shall be tested for leakage separately and independently 
of the wastewater lines by hydrostatic exfiltration testing, vacuum testing, or 
other methods acceptable to the commission. If a manhole fails a leakage test, 
the manhole must be made water tight and retested. The maximum leakage for 
hydrostatic testing shall be 0.025 gallons per foot diameter per foot of manhole 
depth per hour. Alternative test methods must ensure compliance with the above 
allowable leakage. Hydrostatic exfiltration testing shall be performed as 
follows: all wastewater lines coming into the manhole shall be sealed with an 
internal pipe plug, then the manhole shall be filled with water and maintained 
full for at least one hour. For concrete manholes a wetting period of 24 hours 
may be used prior to testing in order to allow saturation of the concrete. 
  (6) Sag Pipes (Inverted Siphons). Sag pipes shall have two or more barrels, a 
minimum pipe diameter of six inches and shall be provided with necessary 
appurtenances for convenient flushing and maintenance. The manholes shall have 
adequate clearances for rodding, and in general, sufficient head shall be 
provided and pipe sizes selected to assure velocities of at least three feet per 
second at design flows. The inlet and outlet details shall be arranged so that 
the normal flow is diverted to one barrel. Provisions shall be made such that 
either barrel may be taken out of service for cleaning. 
  (d) Alternative Wastewater Collection Systems. Use of alternative wastewater 
collection systems may be considered when justified by unusual terrain or 
geological formations, low population density, difficult construction, or other 
circumstances where an alternative wastewater collection system would offer an 
advantage over a conventional gravity system. An alternative wastewater 
collection system will be considered for approval only when conditions make a 
conventional gravity collection system impractical. Alternative wastewater 
collection system types include pressure sewers (septic tank effluent pumping or 
grinder pump systems), small diameter gravity sewers (minimum grade effluent 
sewers or variable grade effluent sewers), vacuum sewers and combinations 
thereof. Alternative wastewater collection systems are comprised of both on-site 
(interceptor tanks, pumps, pump tanks, valves, service laterals) and off-site 
components (collector mains, force mains, vacuum stations, clean-outs, manholes, 
vents, and lift stations). Pressure sewer systems, small diameter gravity sewers 
and vacuum sewers will be approved on a case-by-case basis. The engineering 
report must justify the design of alternative wastewater collection systems to 
the satisfaction of the Executive Director. The EPA's "Manual of Alternative 
Wastewater Collection Systems" (EPA/625/1-91/024), the WEF's Alternative Sewer 
Systems (MOP FD-12), or other appropriate engineering literature, should be used 
as the basis for design. 
  (1) Management. A responsible management structure under the regulatory 
jurisdiction of the TNRCC shall be established, to the satisfaction of the 
Executive Director, to be in charge of the operation and maintenance of an 
alternative wastewater collection system. A legally binding service agreement 
shall be required to insure the alternative wastewater collection system is 
properly constructed and maintained. The required elements of the service 
agreement are as follows. 
  (A) The document must be legally binding. 
  (B) Existing septic and pump tanks that are to be used as interceptor tanks 
for primary treatment, wastewater storage, or pump tanks prior to the discharge 
into an alternative sewer system must be cleaned, inspected, repaired, modified 
or replaced if necessary, to minimize inflow and infiltration into the 
collection system prior to connection. 
  (C) The utility shall have approval authority for the design of the system 
including all materials and equipment prior to the installation of an 
interceptor tank, pressure sewer pump tank or vacuum system appurtenances. The 
materials shall comply with standard specifications submitted to and approved by 
the Executive Director. 
  (D) The utility must be able to approve the installation of the interceptor 
tank, pressure sewer pump tank or vacuum system appurtenances after construction 
to ensure the installation was as specified. 
  (E)  The utility must be responsible for the operation and maintenance of the 
system including any interceptor tank, pressure sewer pump tank or vacuum system 
appurtenances incorporated. 
  (F) The utility must be able to stop any discharges from any collection system 
appurtenances in order to prevent contamination of State waters. 
  (G) The utility shall submit a maintenance schedule to the Executive Director 
which outlines routine service inspections and maintenance for all types of 
pressure sewers, small diameter gravity sewers, and vacuum sewer system 
components. 
  (H) Pumping units, grinder pumps, vacuum sewer appurtenances, interceptor 
tanks, shall be regarded as integral components of the system and not as a part 
of the home plumbing. 
  (I) Provision to ensure collection system integrity during a power outage 
(two-year event) shall be incorporated into the design. Power outage duration 
will be determined as described in sec.317.3(e)(1) of this title (relating to 
Lift Stations). 
  (2) Pressure Sewer System Design Considerations. The following shall be 
submitted to and approved by the Executive Director: 
  (A) hydraulic calculations for sizing the pressure sewer pumping system shall 
be based on providing the firm capacity to pump the expected peak flow. These 
calculations shall include system and pump curves as described in 
sec.317.3(c)(4), wet well capacity calculations based on minimum cycle times as 
described in sec.317.3(2)(4)(B), and emergency and flow equalization storage as 
necessary. The number of units pumping at any one time may be estimated based on 
appropriate engineering literature; 
  (B)  flow velocities in the range of three to five feet per second; 
  (C)  the installation of air relief valves; 
  (D) the provision of means to flush all lines in the system; 
  (E) the installation of clean-outs; and 
  (F) development of procedures whereby portions of the pressure system may be 
rerouted with temporary lines in the event of leaks, construction, or repair. 
  (3) Pipe Selection. Appropriate ASTM, ANSI or AWWA standards shall be 
specified for alternative wastewater collection system pipe and joints. Pipe 
which will be used in pressure sewer systems shall have a minimum sustained 
working pressure rating of 150 pounds per square inch gauge as per appropriate 
standard. Pipe selection shall also conform to subsection (a)(1), (2), (3) and 
(5) of this section. 
  (4) Leakage Testing. All alternative wastewater collection systems components 
shall be tested for leakage. Testing procedures for on-site system components, 
small diameter gravity sewer systems and vacuum sewer systems will be approved 
on a case-by-case basis. Pressure sewer installation shall be tested for leakage 
with a hydrostatic test. Copies of all test results shall be made available to 
the Executive Director upon request. Leakage in the pressure sewer hydrostatic 
test shall be defined as the quantity of water that must be supplied into the 
pipe or any valved section thereof, to maintain pressure within five pounds per 
square inch of the specified test pressure after the air in the pipeline has 
been expelled. The test pressure shall be either a minimum of 25 pounds per 
square inch gauge or 1.5 times the maximum force main design pressure, whichever 
is larger. The maximum allowable leakage shall be calculated using the formula 
in this paragraph. If the quantity of leakage exceeds the maximum amount 
calculated, remedial action shall be taken to reduce the leakage to an amount 
within the allowable limit as follows: 
[graphic] 
  (5) Pumps. Pumping units and grinder pumps used in pressure sewer systems 
should be reliable, easily maintained, and should have compatible 
characteristics. 
  (A) Pumps and grinder pump units shall be provided with two backflow 
prevention devices (One check valve at tank, to protect against back drainage 
into tank, second check valve at connection of service line to pressure 
collection line to protect against leaking sewage in case service line is 
damaged) and shall be easily accessible for maintenance. 
  (B) Sufficient holding capacity shall be provided in the pumping compartment 
to allow for wastewater storage during power outages and equipment failures. 
Storage volume should be based on power supply outage records and replacement 
equipment availability. 
  (C) Pumping units shall not be installed in the settling chamber of an 
interceptor tank if the interceptor tank is to be used for solids reduction. 
  (D) Alarms, warning lights, or other suitable indicators of unit malfunction 
shall be installed at each pumping station. 
  (E) Whenever any pumping station handles waste from two or more residential 
housing units or from any public establishment, dual pump units shall be 
provided to assure continued service in the event of equipment malfunction. 
  This agency hereby certifies that the rule as adopted has been reviewed by 
legal counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on March 1, 1994. 
TRD-9436973 
Mary Ruth Holder 
Director, Legal Division 
Texas Natural Resource Conservation Commission 
Effective date: March 23, 1994 
Proposal publication date: September 7, 1993 
For further information, please call: (512) 463-8069 

TITLE 37. PUBLIC SAFETY AND CORRECTIONS 
Part III. Texas Youth Commission 
Chapter 85. Admission and Placement 
Placement Planning 
37 TAC sec.85.21 sec.85.25 
  The Texas Youth Commission (TYC) adopts amendments to sec.85.21 and sec.85. 
25, concerning program assignment system and minimum length of stay, with 
changes to the proposed text as published in the January 25, 1994, issue of the 
Texas Register (19 TexReg 493). The changes to the proposed text consist of also 
increasing the minimum length of stay for youth classified as firearms offenders 
from six to nine months. 
 The justification for amending the section is to increase safety for the public 
by allowing for a structured atmosphere for a longer period of time for 
delinquent youth. 
 The amendments will increase the minimum length of stay for all TYC youth 
classified as Type B Violent Offenders to 12 months. The minimum length of stay 
for youth classified as chronic serious offenders, Controlled Substance Dealers 
or Firearms Offenders is increased from six months to nine months. 
 One comment was received regarding adoption of the amendment. A Chief Juvenile 
Probation Officer suggested that in addition to extending the length of stay for 
certain classifications, TYC consider extending the length of stay for Firearms 
Offenders since those youth are potentially violent. 
 The Commission agrees and upon further consideration, we are adopting this 
amendment with this change. 
 The amendment is adopted under the Human Resources Code,  sec.61.071, which 
provides the Texas Youth Commission with the authority to examine and make a 
study of each child and to establish rules governing the study. 
 The proposed rule implements the Human Resource Code, sec.61.034. 

sec.85.21 Program Assignment System 
  (a) Policy. Texas Youth Commission (TYC) utilizes an objective, equitable 
system of program assignment for each youth in TYC care. Based on each youth's 
age, offense(s), and risk level, TYC has predetermined the most appropriate 
level of restriction and minimum length of stay requirements. Services provided 
by each program are matched with youth service needs to determine the most 
appropriate program placement. The assessment and placement process provides 
current information on individual youth needs. Male and female youth have equal 
access to agency programs and activities. 
  (b) Rules. 
  (1) Guiding Principles. TYC's development of the system of program assignments 
is based on the following. 
  (A) Program placements are in the least restrictive, most appropriate and 
available placement. 
  (B) Among program placement alternatives of which each provides the required 
services and level of restriction, the placement selected is the one closest to 
the youth's home. 
  (2) Placement System Factors. The program placement system incorporates the 
following factors. 
  (A) Classification is determined by the classifying offense and a finding 
regarding extenuating circumstances. 
  (B) The minimum length of stay is designated by the classification. See 
GOP.47.05, section sec.85.25 of this title relating to Minimum Length of Stay. 
  (C) Special consideration is given to the placement of youth under the age of 
thirteen. 
  (D) Risk is assessed and used as a guideline in designating placement. 
  (E) Placements are made according to restriction and needs. 
  (i) The level of restriction required of the placement selected is determined 
by classification, age and risk level. See GOP.47.07, sec.85.27 of this title, 
relating to Program Restriction Levels . 
  (ii) Initial placements are always to residential programs or day treatment 
programs providing services at least eight hours per day, five days per week, 
except for youth classified as violators of CINS probation. 
  (iii) The youth's assessed service needs are used to select a placement within 
the required level of restriction. 
  (F) See paragraph (5) of this subsection for waivers and exceptions to the 
placement system factors. 
  (3) System Description. The determining factors and guiding principles result 
in the following placement and length of stay determinations for all TYC youth 
on initial commitment, for youth recommitted for the commission of a felony or 
high-risk offense, and for youth found at an administrative level I hearing to 
have committed a felony or high-risk offense. 
  (A) A sentenced offender is assigned a minimum length of stay equal to the 
court sentence or time until transfer, or recommitment, or discharge and, 
regardless of age, or risk level, is assigned to a TYC perimeter secure 
facility. 
  (B) A type A violent offender is assigned a minimum length of stay of 24-48 
months as set by executive director and if 13 years or older, with any risk 
level, is assigned to a program of maximum restriction. 
  (C) A type A violent offender is assigned a minimum length of stay of 24-48 
months as set by executive director and if younger than 13 years, with any risk 
level, is assigned to a program of high restriction. 
  (D) A type B violent offender classified for conspiracy to commit murder, 
conspiracy to commit capital murder, solicitation of murder, or solicitation of 
capital murder, is assigned a minimum length of stay of 12 months and if 13 
years or older, with any risk level, is assigned to a program of maximum or high 
restriction. 
  (E) A type B violent offender classified for conspiracy to commit murder, 
conspiracy to commit capital murder, solicitation of murder, or solicitation of 
capital murder, is assigned a minimum length of stay of 12 months and if younger 
than 13 years, with any risk level, is assigned to a program of high 
restriction. 
  (F) A type B violent offender classified on or after March 25, 1994 is 
assigned a minimum length of stay of twelve months, and if 13 years or older, 
with any risk level, is assigned to a program of maximum or high restriction. 
The minimum length of stay for these youth classified before March 25, 1994 is 
nine months. 
  (G) A type B violent offender classified on or after March 25, 1994 is 
assigned a minimum length of stay of twelve months and if younger than 13 years, 
with any risk level, is assigned to a program of medium restriction. The minimum 
length of stay for these youth classified before March 25, 1994 is nine months. 
  (H) A chronic serious offender classified on or after March 25, 1994 is 
assigned a minimum length of stay of nine months and if 13 years or older, with 
any risk level, is assigned to a program of high restriction. The minimum length 
of stay for these youth classified before March 25, 1994 is six months. 
  (I) A chronic serious offender classified on or after March 25, 1994 is 
assigned a minimum length of stay of nine months and if younger than 13 years, 
with any risk level, is assigned to a program of medium restriction. The minimum 
length of stay for these youth classified before March 25, 1994 is six months. 
  (J) A controlled substances dealer classified on or after March 25, 1994 is 
assigned a minimum length of stay of nine months and if 13 years or older, with 
any risk level, is assigned to a program of high restriction. The minimum length 
of stay for these youth classified before March 25, 1994 is six months. 
  (K) A controlled substances dealer classified on or after March 25, 1994 is 
assigned a minimum length of stay of nine months and if younger than 13 years, 
with any risk level, is assigned to a program of medium restriction. The minimum 
length of stay for these youth classified before March 25, 1994 is six months. 
  (L) A firearms offender classified on or after March 25, 1994 is assigned a 
minimum length of stay of nine months, and if 13 years or older, with any risk 
level, is assigned to a program of high restriction. The minimum length of stay 
for these youth classified before March 25, 1994 is six months. 
  (M) A firearms offender classified on or after March 25, 1994 is assigned a 
minimum length of stay of nine months, and if younger than 13 years, with any 
risk level, is assigned to a program of medium restriction. The minimum length 
of stay for these youth classified before March 25, 1994 is six months. 
  (N) A general offender is assigned a minimum length of stay of six months, and 
if 13 years or older, with a high risk level, is assigned to a program of high 
restriction. 
  (O) A general offender is assigned a minimum length of stay of six months, and 
if 13 years or older, with a low or medium risk level, is assigned to a program 
of medium restriction. 
  (P)  A general offender is assigned a minimum length of stay of six months, 
and if younger than 13 years, with any risk level, is assigned to a program of 
medium restriction. 
  (Q) A violator of CINS probation is not assigned a minimum length of stay, and 
regardless of age, with high or medium risk level, is assigned to a program of 
medium restriction. 
  (R) A violator of CINS probation is not assigned a minimum length of stay and 
regardless of age, with low risk level, is assigned to a program of minimum 
restriction. 
  (4) Responsibility. The specific program placement selection for each youth is 
the responsibility of the Statewide Reception Center for TYC training school 
placements and the centralized placement unit for all other placements including 
Evins Regional Juvenile Center. Specific selection is based on: 
  (A) programs available which can meet determined service needs and do so 
within the restrictions of placement assignment matrix; 
  (B) a program's proximity to the youth's home; and 
  (C) a recommendation by the previous program staff, if applicable. 
  (5) Waivers and Exceptions. Waivers and exceptions may be granted under 
special circumstances. 
  (A) A placement designation, except that of sentenced offender or type A 
violent offender, which is a disposition to a more restrictive placement 
following a disciplinary hearing or a placement designation following initial 
reception center evaluation, may be waived by the reception center 
superintendent when a youth is qualified. A designated placement may be waived 
in order to provide specialized treatment not available in the designated 
placement when it is determined a youth 
  (1) is physically handicapped, 
  (2) has a special medical condition, or 
  (3) is emotionally disturbed, if such condition would prevent the youth from 
functioning in the designated placement. The waiver is effective for the period 
of time necessary to stabilize the youth or to treat the condition as long as 
the condition inhibits the youth's ability to function in the designated 
placement. 
  (B) Any placement designation except those of sentenced offenders and type A 
violent offenders may be waived by the reception center superintendent when 
population is at or above established capacity. 
  (C) Any designated placement may be waived or the youth moved to any other 
placement of equal or less restriction if requested by the institutional 
superintendent or regional director where the youth is located and granted by 
the executive director or designee. 
  (D) For waiver of classification, see GOP.47.03, sec.85.23 of this title, 
relating to Classification. 
  (E) For movement for population control see GOP.47.09, sec.85.29 of this 
title, relating to Program Completion and Movement. 
  (6) Parent Notification. Parents/guardians are notified of all placements. 

sec.85.25 Minimum Length of Stay 
  (a) Policy. The Texas Youth Commission (TYC) establishes minimum length of 
stay requirements for all TYC youth on initial commitment, for youth recommitted 
for the commission of a felony or high-risk offense, and for youth found at an 
administrative level I hearing to have committed a felony or high-risk offense. 
  (b) Rules. 
  (1) Minimum Length of Stay. 
  (A) Sentenced offenders serve the time assessed by the juvenile court. See 
GOP.47.15, sec.85.35 of this title, relating to Sentenced Offender Disposition. 
  (B) Type A violent offenders serve a minimum of 24-48 months in TYC's maximum 
restriction program, minus any credited time following adjudication for the 
classifying offense. The minimum length of stay for each youth classified as a 
type A violent offender is established by the executive director following a 
recommendation from the superintendent of the maximum or high restriction 
placement. The superintendent shall submit the recommendation to the executive 
director within 90 days of the youth's admission to the placement. A minimum of 
longer than 24 months is based on the totality of the circumstances, including, 
but not limited to: 
  (i) the seriousness of the offense; 
  (ii) the circumstances surrounding the offense; 
  (iii) whether the offense was committed in an aggressive, violent, 
premeditated or willful manner; 
  (iv) the foreseeable consequences of the act; 
  (v) the sophistication or maturity of the youth; 
  (vi) the record and previous history of the youth; 
  (vii) whether the youth acted with particular cruelty; and 
  (viii) whether the offense involved a high degree of sophistication or 
planning by the youth. 
  (C) If classified on or after March 25, 1994, all type B violent offenders 
serve at least 12 months in a medium, high or maximum restriction program, minus 
any credited time following adjudication for the classifying offense. 
  (D) If classified before March 25, 1994, type B violent offenders serve at 
least 12 months if classified for conspiracy to commit murder or conspiracy to 
commit capital murder, solicitation of murder, or solicitation of capital 
murder, and serve at least nine months for any other designated offense. Youth 
are assigned to medium, high or maximum restriction program, minus any credited 
time following adjudication for the classifying offense. 
  (E) Chronic serious offenders serve at least nine months in a medium or high 
restriction program if classified on or after March 25, 1994 or six months if 
classified before that date. 
  (F) Controlled substances dealers serve at least nine months in a medium or 
high restriction program if classified on or after March 25, 1994 or six months 
if classified before that date. 
  (G) Firearms offenders serve at least nine months in a medium or high 
restriction program if classified on or after March 25, 1994 or six months if 
classified before that date. 
  (H) General offenders serve at least six months in a medium or high 
restriction program. 
  (I) Violators of CINS probation are not assigned a minimum length of stay. 
  (J) Youth given a disciplinary assigned minimum stay serve up to six months to 
run concurrent with any other minimum length of stay. 
  (2) Creditable Time. 
  (A) For a youth, except a sentenced offender, whose classifying offense was 
found at the most recent due process hearing: 
  (i) Minimum length of stay is counted from the first day the youth reaches any 
TYC operated or assigned facility following commitment, recommitment or a 
disciplinary hearing. 
  (ii) After the count begins, time spent on furlough or in detention or jail 
counts toward meeting a minimum length of stay requirement. 
  (iii) Time spent as an escapee from a placement assigned by TYC does not count 
toward meeting the minimum length of stay requirement. 
  (B) For a youth, except a sentenced offender, whose classifying offense was 
found at an earlier due process hearing: 
  (i) Minimum length of stay is counted from the date of adjudication for the 
classifying offense. 
  (ii) Time spent as an escapee from a TYC or probation placement does not count 
toward meeting the minimum length of stay requirement. 
  (C) In no case will creditable time reduce the minimum length of stay to less 
than six months. 
  (D) For a sentenced offender youth, see GOP.47.15,  sec.85.35 of this title, 
relating to Sentenced Offender Disposition. 
  (3) Waivers. For youth, except sentenced offenders and type A violent 
offenders, the minimum length of stay requirement may be reduced by the deputy 
executive director in extenuating circumstances when it is documented that the 
minimum length of stay is not justified because of the minor nature of the 
youth's classifying offense and offense history. 
  This agency hereby certifies that the rule as adopted has been reviewed by 
legal counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on March 1, 1994. 
TRD-9436873 
Steve Robinson 
Executive Director 
Texas Youth Commission 
Effective date: March 25, 1994 
Proposal publication date: January 10, 1994 
For further information, please call: (512) 483-5244 

37 TAC sec.85.40 
  The Texas Youth Commission (TYC) adopts new sec.85.40, concerning temporary 
admission awaiting transportation, without changes to the proposed text as 
published in the January 18, 1994, issue of the Texas Register (19 TexReg 337). 
 The justification for the rule is to have a more efficient system for 
transporting TYC youth. 
 The new rule will allow temporary admission into security units of TYC 
institutional facilities for TYC youth awaiting transportation to an assigned 
location. 
 No comments were received regarding adoption of the rule. 
 The new rule is adopted under the Human Resources Code,  sec.61.034, which 
provides the Texas Youth Commission with the authority to make rules appropriate 
to the proper accomplishment of its functions. 
 
  This agency hereby certifies that the rule as adopted has been reviewed by 
legal counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on March 1, 1994. 
TRD-9436950 
Steve Robinson 
Executive Director 
Texas Youth Commission 
Effective date: March 25, 1994 
Proposal publication date: January 10, 1994 
For further information, please call: (512) 483-5244 

Chapter 89. Youth Rights and Remedies 
37 TAC sec.89.1 
  The Texas Youth Commission (TYC) adopts an amendment to  sec.89.1, concerning 
basic youth rights, without changes to the proposed text as published in the 
January 18, 1994, issue of the Texas Register (19 TexReg 338). 
 The justification for amending the section is to ensure that youth are 
reimbursed for personal possessions that have been lost or damaged due to staff 
negligence. 
 The amendment adds criteria for reimbursement by TYC to a TYC youth for 
personal possessions that have been lost or damaged due to staff negligence. 
 No comments were received regarding adoption of the amendment. 
 The amendment is adopted under the Human Resources Code,  sec.61.031, which 
provides the Texas Youth Commission with the authority to reimburse children 
committed to the commission for personal property lost or damaged as a result of 
negligence by the staff of the commission. 
 
  This agency hereby certifies that the rule as adopted has been reviewed by 
legal counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on March 1, 1994. 
TRD-9436951 
Steve Robinson 
Executive Director 
Texas Youth Commission 
Effective date: March 25, 1994 
Proposal publication date: January 10, 1994 
For further information, please call: (512) 483-5244 

Chapter 91. Discipline and Control 
Control 
37 TAC sec.sec.91.51, 91.59, 91.63 
  The Texas Youth Commission (TYC) adopts amendments to sec. sec.91.51, 91.59, 
and 91.63, concerning facility security, use of force, and mechanical restraint 
equipment. Section 91.51 is adopted with changes to the proposed text as 
published in the January 28, 1994, issue of the Texas Register  (19 TexReg 582). 
Section 91.59 and sec.91.63 are adopted without changes and will not be 
republished. The changes to the proposed text in sec.91.51 consist of rewording 
to clarify circumstances when a law enforcement officer can have a firearm on a 
TYC facility. 
 The justification for amending the sections is to provide a safer environment 
for TYC youth and staff. 
 The amendment to sec.91.51 allows firearms in a TYC facility or on TYC grounds 
when there is an emergency and law enforcement has been called. Amendments to 
sec.91.59 and sec.91.63 allow TYC staff to use plastic cuffs on TYC youth only 
when they are involved in a riot at a TYC facility and a sufficient number of 
metal cuffs are not available. 
 No comments were received regarding adoption of the amendment. 
 The amendments are adopted under the Human Resources Code, sec.61.034, which 
provides the Texas Youth Commission with the authority to make rules appropriate 
to the proper accomplishment of its functions. 

sec.91.51 Facility Security 
  (a) Policy. Texas Youth Commission (TYC) provides for safety and security of 
its staff and youth. 
  (b) Rules. 
  (1) Firearms are not permitted in any TYC facility or on any facility grounds 
except when carried by a law enforcement officer who is responding to a call by 
TYC in an emergency situation at the facility. Firearms are permitted in the 
personal residence of staff who live adjacent to the campus. 
  (2)-(5) (No change.) 
  (6) Facilities have access to the necessary equipment to maintain essential 
light and a system of communication within the facility and between the facility 
and the community for use in an emergency. 
  (7) All facilities have written emergency plans including procedures for 
response to natural disaster, fire, riot, hostage taking, medical emergency, 
hunger strike, and, evacuation. Plans are made available to all personnel and 
are reviewed and updated annually. 
  (8)-(10) (No change.) 

  This agency hereby certifies that the rule as adopted has been reviewed by 
legal counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on March 1, 1994. 
TRD-9436949 
Steve Robinson
Executive Director
Texas Youth Commission 
Effective date: March 25, 1994
Proposal publication date: January 18, 1994
For further information, please call: (512) 483-5244 

37 TAC sec.91.67 
  The Texas Youth Commission (TYC) adopts an amendment to  sec.91.67, concerning 
isolation, without changes to the proposed text as published in the January 28, 
1994, issue of the  Texas Register (19 TexReg 584). 
 The justification for amending the section is to provide a safer environment 
for TYC youth and staff. 
 The amendment allows physical removal of a youth from a regular institutional 
or Evins Regional Juvenile Center program or from contact with other youth by 
confinement alone when the youth is out of control and is a serious and 
immediate physical danger to himself or herself or others. 
 No comments were received regarding adoption of the amendment. 
 The amendment is adopted under the Human Resources Code,  sec.61.034, which 
provides the Texas Youth Commission with the authority to make rules appropriate 
to the proper accomplishment of its functions. 
 
  This agency hereby certifies that the rule as adopted has been reviewed by 
legal counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on March 1, 1994. 
TRD-9436872 
Steve Robinson 
Executive Director 
Texas Youth Commission 
Effective date: March 25, 1994 
Proposal publication date: January 18, 1994 
For further information, please call: (512) 483-5244 

37 TAC sec.91.69 
  The Texas Youth Commission (TYC) adopts an amendment to  sec.91.69, concerning 
detention, without changes to the proposed text as published in the January 18, 
1994, issue of the  Texas Register (19 TexReg 338). 
 The justification for amending the section is to have a more efficient 
apprehension process of TYC youth. 
 The amendment adds criteria for temporary placement to TYC youth in a TYC 
training school as a detention facility after apprehension by a TYC apprehension 
specialist. This will allow for temporary detention of youth while the 
apprehension specialist is waiting for placement instructions. 
 No comments were received regarding adoption of the amendment. 
 The amendment is adopted under the Human Resources Code,  sec.61.093, which 
provides the Texas Youth Commission with the authority to detain a child who has 
been committed to the commission and released under supervision and broken the 
conditions of release, in any suitable place until the child is transported to a 
commission facility. 
 
  This agency hereby certifies that the rule as adopted has been reviewed by 
legal counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on March 1, 1994. 
TRD-9436952 
Steve Robinson 
Executive Director 
Texas Youth Commission 
Effective date: March 25, 1994 
Proposal publication date: January 10, 1994 
For further information, please call: (512) 483-5244 

37 TAC sec.91.75 
  The Texas Youth Commission (TYC) adopts new sec.91.75, concerning riot 
control, without changes to the proposed text as published in the January 18, 
1994, issue of the Texas Register (19 TexReg 339). 
 The justification for the new rule is to provide a safer environment for TYC 
youth and staff. 
 The new rule will establish criteria for TYC staff to take steps reasonably 
necessary to regain control and terminate a riot occurring on a TYC facility 
campus. 
 No comments were received regarding adoption of the rule. 
 The new section is adopted under the Human Resources Code, sec.61.034, which 
provides the Texas Youth Commission with the authority to make rules appropriate 
to the accomplishment of its functions. 
 
  This agency hereby certifies that the rule as adopted has been reviewed by 
legal counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on March 1, 1994. 
TRD-9436954 
Steve Robinson 
Executive Director 
Texas Youth Commission 
Effective date: March 25, 1994 
Proposal publication date: January 10, 1994 
For further information, please call: (512) 483-5244 

Chapter 93. General Provisions 
Youth Property 
  The Texas Youth Commission (TYC) adopts an amendment to  sec.93.21, concerning 
youth personal property, without changes to the proposed text as published in 
the January 18, 1994, issue of the Texas Register (19 TexReg 339). 
 The justification for amending the section is to ensure that youth are 
reimbursed for personal possessions that have been lost or damaged due to staff 
negligence. 
 The amendment adds criteria for reimbursement by TYC to a TYC youth for 
personal possessions that have been lost or damaged due to staff negligence. 
 No comments were received regarding adoption of the amendment. 
 The amendment is adopted under the Human Resources Code,  sec.61.0431, which 
provides the Texas Youth Commission will reimburse children committed to the 
commission for personal property lost or damaged as a result of negligence by 
the staff of the commission. 
 
  This agency hereby certifies that the rule as adopted has been reviewed by 
legal counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on March 1, 1994. 
TRD-9436953 
Steve Robinson 
Executive Director 
Texas Youth Commission 
Effective date: March 25, 1994 
Proposal publication date: January 10, 1994 
For further information, please call: (512) 483-5244 

Part XIII. Texas Commission on Fire Protection 
Chapter 421. Standards for Certification 
37 TAC sec.421.5 
  The Texas Commission on Fire Protection adopts the repeal of sec.421.5, 
concerning definitions, without changes to the proposed text as published in the 
December 14, 1993, issue of the Texas Register (18 TexReg 9279). 
 The justification for the repeal is to replace obsolete language with a new 
section dealing with the same subject matter. The repealed section is replaced 
by a new section that adds definitions that clarify terms in Senate Bill 1110 
and change other definitions consistent with statutory changes. 
 The repealed section will be replaced by a new section dealing with the same 
subject matter that adds new definitions for assigned/work, auxiliary fire 
fighter, benefits, compensation, federal fire fighter, fire suppression duties, 
and part-time fire protection employee; and changes the definition of full-time 
and fully paid. 
 No comments were received regarding adoption of the repeal. 
 The repeal is adopted under the Texas Government Code,  sec.419.008, which 
provides the Texas Commission on Fire Protection with authority to adopt rules 
for the administration of its powers and duties, and Texas Government Code, 
sec.419.021, concerning definitions pertaining to Subchapter B, Chapter 419. 
 
  This agency hereby certifies that the rule as adopted has been reviewed by 
legal counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on February 28, 1994. 
TRD-9436923 
Jack Woods 
General Counsel 
Texas Commission on Fire Protection 
Effective date: March 23, 1994 
Proposal publication date: December 14, 1993 
For further information, please call: (512) 873-1700 

37 TAC sec.421.5, sec.421.9 
  The Texas Commission on Fire Protection adopts new sec.421.5, concerning 
definitions and new sec.421.9, concerning designation of fire protection duties. 
Section 421.5 is adopted with changes to the proposed text as published in the 
December 14, 1993, issue of the Texas Register (18 TexReg 9279). Section 421.9 
is adopted without changes and will not be republished. The changes to sec.421.5 
include a change to the definition of benefits to delete the inclusion of 
worker's compensation and limit the inclusion in "benefits" of the reimbursement 
of travel expenses to those amounts that exceed actual cost. In addition, the 
reimbursement of training costs was deleted from the definition of benefits. 
Finally, the definition of "Commission" was changed to conform with statutory 
changes substituting the Texas Commission on Fire Protection for the Commission 
on Fire Protection Personnel Standards and Education. 
 The justification for new sec.421.5 is to add definitions that clarify terms in 
Senate Bill 1110 and change other definitions consistent with statutory changes. 
In particular, the new definitions for "assigned/work," "benefits," 
"compensation," and "fire suppression duties" are necessary to administer new 
statutory provisions placing limits on the amount of time part-time fire 
protection employees may work and the amount of compensation and benefits that a 
volunteer may receive. New sec.421.9 is justified by a statutory change 
concerning designation of persons with fire protection duties. The justification 
for the requirement of employment notice is to enable the commission to 
administer its duties to enforce training requirements. 
 The new sec.421.5 replaces a repealed sections with the same subject matter and 
adds definitions for assigned/work, auxiliary fire fighter, benefits, 
compensation, federal fire fighter, fire suppression duties, and part-time fire 
protection employee; and changes the definitions of full-time and fully paid. 
The new definitions enable the commission to administer new statutory provisions 
placing limits on time worked and compensation of part-time fire protection 
employees and volunteer fire fighters assigned to a fire department operated by 
a local governmental entity. 
 Some commentators argued that the definition of benefits and compensation 
should be limited to amounts considered "taxable income" under the Internal 
Revenue Code. 
 Other commentators took the position that inclusion of reimbursement of travel 
expenses and training expenses would be a disincentive for volunteer training. 
In addition, one commentator stated that parties who participated in Senate Bill 
1110 negotiations intended that reimbursement of expenses only be included to 
the extent such reimbursement exceeded actual cost. 
 One commentator submitted that workers' compensation premiums should not be 
included in "benefits" that count towards compensation limits of volunteers. 
 Commentators in favor of the rule as proposed, were of the opinion that 
valuable insurance benefits should be included. 
 Comments against the rule as proposed included representatives of the Volunteer 
Fire Fighter Advisory Committee, the State Firemen's and Fire Marshals' 
Association, and the City of Keene. 
 Commentators in favor of the rule included members of the Fire Protection 
Personnel Advisory Committee. 
 The commission agreed with commentators concerning the issue of reimbursement 
of expenses of travel and training. The rule as adopted limits the meaning of 
"benefits" to reimbursement that exceeds actual cost. The commission also agreed 
to delete the inclusion of workers' compensation premiums in "benefits." 
However, the commission disagreed with the Volunteer Advisory Committee's 
recommendation that only those amounts considered taxable income under the 
Internal Revenue Code be included in compensation and benefits. The reason the 
commission disagreed with the volunteer committee's recommendations was due to 
the complexity of the Internal Revenue Code and its frequent modification. 
Additionally, the commission concluded that inclusion in group insurance plans 
such as health, life and disability (which may or may not be taxable) were 
valuable benefits which should be included in compensation limits. 
 The new sections are adopted under the Texas Government Code, sec.419.008, 
which provides the Texas Commission on Fire Protection with authority to adopt 
rules for the administration of its powers and duties, and the Texas Government 
Code, sec.419.021, concerning definitions pertaining to Subchapter B, Chapter 
419. 

sec.421.5. Definitions. 
  (a) Certain definitions are used in describing the minimum standards and 
related requirements as specified by the commission. 
  (b) The following words and terms, when used in this part, shall have the 
following meanings, unless the context clearly indicates otherwise. 
  (1) Accredited Training-A curriculum or training program which carries written 
approval from the commission, credit hours that appear on an official transcript 
from an accredited college or university and any fire service training received 
from a nationally recognized source, i.e., The National Fire Academy. 
  (2) Admission to Employment-An entry level full-time full-paid employee of a 
local government entity in one of the categories of fire protection personnel. 
  (3) Approved Training-Any training which will be used toward any level of 
certification must be submitted to the commission for approval prior to the 
commencement of the training. The training submission must be in a manner 
specified by the commission and contain all information requested by the 
commission. The commission will not grant credit twice for the same subject 
content or course. 
  (4) Assigned/Work-A fire protection personnel or a part-time fire protection 
employee shall be considered "assigned/working" in a position, anytime the 
individual is receiving compensation and performing the duties that are 
regulated by the Texas Commission on Fire Protection certification. 
  (5) Assistant Fire Chief-The officer occupying the first position subordinate 
to the head of a fire department. 
  (6) Auxiliary Fire Fighter-A volunteer fire fighter. 
  (7) Benefits-Benefits shall include, but are not limited to, inclusion in 
group insurance plans (such as health, life, and disability) or pension plans, 
stipends, free water usage, and reimbursed travel expenses (such as meals, 
mileage, and lodging). 
  (8) Chairman-The presiding officer of the commission. 
  (9) Class Hour-Defined as not less than 50 minutes of instruction, also 
defined as a contact hour; a standard for certification of fire protection 
personnel. 
  (10) Code-The official legislation creating the commission. 
  (11) College Credits-Credits earned for studies satisfactorily completed at an 
accredited institution of higher learning in a program leading to an academic 
degree. 
  (12) Commission-Texas Commission on Fire Protection. 
  (13) Compensation-Compensation is to include wages, salaries and "per call" 
payments (for attending drills, meetings or answering emergencies). 
  (14) Coordinator-The official responsible for course curriculum, training 
facility, and/or school (other than fire department) by whatever title he/she 
may be called. 
  (15) Department-A fire department which is a part of, or is administered by, a 
city or any political subdivision of the state which is responsible for fire 
prevention and protection. 
  (16) Federal Fire Fighter-A person as defined in the Texas Government Code, 
sec.419.084(h). 
  (17) Fire Chief-The head of a fire department. 
  (18) Fire Fighter-A full-time employee of a fire department who has met the 
certification requirements. 
  (19) Fire Protection Personnel-Any person who is a full-paid permanent 
employee of a government entity and who is assigned full-time duties in one of 
the following categories: fire suppression, fire inspection, fire and arson 
investigation, marine fire fighting, aircraft crash and rescue fire fighting, 
fire training, fire education, fire administration and others employed in 
related positions necessarily or customarily appertaining thereto. 
  (20) Fire Suppression Duties-Engaging in the controlling or extinguishment of 
a fire of any type or performing activities which are required for and directly 
related to the control and extinguishment of fires or standing by on the 
employers premises or apparatus or nearby in a state of readiness to perform 
these duties. 
  (21) Fully Paid-An officer or employee is considered fully paid if the annual 
compensation, including benefits and reimbursement for expenses, is equal to or 
more than what the person would have received working 2,080 hours in a calendar 
year, at the federal minimum wage. 
  (22) Full-Time-An officer or employee is considered full-time if the employee 
works an average of 40 hours a week or averages 40 hours per week or more during 
a work cycle in a calendar year. For the purposes of this definition paid leave 
will be considered time worked. 
  (23) Government Entity-The local authority having jurisdiction as employer of 
full-time, full-paid fire protection personnel in a state agency, incorporated 
city, village, town or county, education institution or political subdivision. 
  (24) High School-A school accredited as a high school by the Texas Education 
Agency. 
  (25) Inactive Status-When a person no longer is employed by an entity 
regulated by the commission under Subchapter B of Chapter 419, Texas Government 
Code or no longer meets the requirements for certification. 
  (26) Lead Instructor-An individual charged with the responsibility of 
conducting a training school under the provision of the Code. 
  (27) Municipality-Any incorporated city, village, or town of this state and 
any county or political subdivision or district in this state. Municipal 
pertains to a municipality as herein defined. 
  (28) Part-Time Fire Protection Employee-An individual who is designated as a 
part-time fire protection employee and who receives compensation, including 
benefits and reimbursement for expenses. A part-time fire protection employee 
may or may not be fully paid, but is not full-time as defined in sec.421.5 of 
this title (relating to Definitions). 
  (29) School-Any school, college, university, academy or local training program 
which offers fire service training and included within its meaning the 
combination of course curriculum, instructors and facilities. 
  (30) Trainee-A member of a fire department who has not satisfied the 
requirements to become a fire fighter. 
  (31) Training Officer-The full-time officer or supervisor, by whatever title 
he or she may be called, that is in charge of the fire department training 
programs. 
  (32) Training Points-One semester hour earned at any accredited college or 
university shall equal one training point or twenty class hours of accredited 
training other than college semester hours shall be equal to one training point. 
  (33) Years of Experience-Defined as full years of full-time, full-paid service 
as an employee of a government entity. 
  This agency hereby certifies that the rule as adopted has been reviewed by 
legal counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on February 28, 1994. 
TRD-9436902 
Jack Woods 
General Counsel 
Texas Commission on Fire Protection 
Effective date: March 23, 1994 
Proposal publication date: December 14, 1993 
For further information, please call: (512) 873-1700 

Chapter 423. Fire Suppression 
Subchapter A. Minimum Standards for Structure Fire Protection Personnel 
Certification 
37 TAC sec.sec.423.1, 423.3, 423.5 
  The Texas Commission on Fire Protection adopts an amendment to sec.423.1, 
sec.423.3 and sec.423.5, concerning structural fire protection personnel, 
without changes to the proposed text as published in the December 14, 1993, 
issue of the Texas Register (18 TexReg 9280). 
 The justification for the new sections is to make out-of-state certification 
requirements consistent with in-state requirements. The new sections for higher 
levels of certification create more flexibility to combine college courses and 
contact hour courses to meet core course requirements. The changes were 
requested by members of the fire service experiencing difficulty in course 
availability. 
 The amendment to sec.423.1 deletes the one year's experience requirement for 
full time/full paid fire fighters coming from out-of-state training programs and 
military training programs deemed equivalent to the commission's approved basic 
fire suppression curriculum. The new requirements for core courses needed for 
higher levels of certification allow a person to combine college hours and NFA 
courses. 
 No comments were received regarding adoption of the amendment and new sections. 
 The amendments are adopted under the Texas Government Code, sec.419.008, which 
provides the Texas Commission on Fire Protection with authority to adopt rules 
for the administration of its powers and duties and Texas Government Code, 
sec.419.022, which provides the commission with authority to establish minimum 
training standards for fire protection personnel and for advanced positions. 
 
  This agency hereby certifies that the amendments and new section as adopted 
have been reviewed by legal counsel and found to be a valid exercise of the 
agency's legal authority. 
Issued in Austin, Texas, on February 28, 1994. 
TRD-9436945 
Jack Woods 
General Counsel 
Texas Commission on Fire Protection 
Effective date: March 23, 1994 
Proposal publication date: December 14, 1993 
For further information, please call: (512) 873-1700 

37 TAC sec.423.3, sec.423.5 
  The Texas Commission on Fire Protection adopts the repeal of sec.423.3 and 
sec.423.5, concerning higher levels of certification for structural fire 
protection personnel, without changes to the proposed text as published in the 
December 14, 1993, issue of the Texas Register (18 TexReg 9283). 
 The justification for the repeals is to replace obsolete language with new 
sections dealing with the same subject matter. 
 The repealed sections are replaced by new sections with similar requirements 
that allow more flexibility in combining college courses and National Fire 
Academy courses. 
 No comments were received regarding adoption of the repeals. 
 The repeals are adopted under the Texas Government Code,  sec.419.008, which 
provides the Texas Commission on Fire Protection with authority to adopt rules 
for the administration of its powers and duties and Texas Government Code, 
sec.419.022, which provides the commission with authority to establish minimum 
training standards for its fire protection personnel. 
 
  This agency hereby certifies that the repeals as adopted have been reviewed by 
legal counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on February 28, 1994. 
TRD-9436942 
Jack Woods 
General Counsel 
Texas Commission on Fire Protection 
Effective date: March 23, 1994 
Proposal publication date: December 14, 1993 
For further information, please call: (512) 873-1700 

Subchapter B. Minimum Standards for Aircraft Crash and Rescue Fire Protection 
Personnel 
37 TAC sec.423.205, sec.423.207 
  The Texas Commission on Fire Protection adopts the repeal of sec.423.205 and 
sec.423.207, concerning higher levels of aircraft rescue fire protection 
personnel, without changes to the proposed text as published in the December 14, 
1993, issue of the Texas Register (18 TexReg 9283). 
 The justification for the repeals is to replace obsolete language with new 
sections dealing with the same subject matter. 
 The repealed sections are replaced by new sections with similar requirements 
that allow more flexibility in combining college courses and National Fire 
Academy courses. 
 No comments were received regarding adoption of the repeals. 
 The repeals are adopted under the Texas Government Code,  sec.419.008, which 
provides the Texas Commission on Fire Protection with authority to adopt rules 
for the administration of its powers and duties and the Texas Government Code, 
sec.419.022, which provides the commission with authority to establish minimum 
standards for fire protection personnel. 
 
  This agency hereby certifies that the repeals as adopted have been reviewed by 
legal counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on February 28, 1994. 
TRD-9436941 
Jack Woods 
General Counsel 
Texas Commission on Fire Protection 
Effective date: March 23, 1994 
Proposal publication date: December 14, 1993 
For further information, please call: (512) 873-1700 

37 TAC sec.423.205, sec.423.207 
  The Texas Commission on Fire Protection adopts new Subchapter B, sec.423. 205 
and sec.423.207, concerning training requirements for higher levels of aircraft 
rescue fire protection personnel of certification, without changes to the 
proposed text as published in the December 14, 1993, issue of the Texas Register 
(18 TexReg 9284). 
 The new sections for higher levels of certification create more flexibility to 
combine college courses and contact hour courses to meet core course 
requirements. The changes were requested by members of the fire service 
experiencing difficulty in course availability, and are intended to encourage 
fire fighters to obtain additional training for higher levels of certification 
resulting in a better educated fire service. 
 The new requirements for core courses needed for advanced levels of 
certification allow a person to combine college hours and NFA courses. 
 No comments were received regarding adoption of the new sections. 
 The new sections are adopted under the Texas Government Code, sec.419.008, 
which provides the Texas Commission on Fire Protection with authority to adopt 
rules for the administration of its powers and duties and Texas Government Code, 
sec.419.022, which provides the commission with authority to establish minimum 
training standards for fire protection personnel and advanced positions. 
 
  This agency hereby certifies that the new sections as adopted have been 
reviewed by legal counsel and found to be a valid exercise of the agency's legal 
authority. 
Issued in Austin, Texas, on February 28, 1994. 
TRD-9436940 
Jack Woods 
General Counsel 
Texas Commission on Fire Protection 
Effective date: March 23, 1994 
Proposal publication date: December 14, 1993 
For further information, please call: (512) 873-1700 

Chapter 425. Fire Protection Instructor 
Subchapter A. Fire Service Instructor Certification 
  37 TAC sec.425.1 
  The Texas Commission on Fire Protection adopts an amendment to 37 TAC 
sec.425.1, concerning fire service instructor certification, without changes to 
the proposed text as published in the December 14, 1993, issue of the Texas 
Register  (18 TexReg 9286). 
 The justification for the changes is administrative convenience. 
 In sec.425.1(b)(1) a typographical change is made to correct the reference from 
sec.425.5 to sec.421.5 (relating to Definitions). Also, in sec.425.1 the form 
numbers are deleted from the rules. 
 No comments were received regarding adoption of the amendment. 
 The amendment is adopted under the Texas Government Code, sec.419.008, which 
provides the Texas Commission on Fire Protection with authority to adopt rules 
for the administration of its powers and duties; and Texas Government Code, 
sec.419.028(b)(3), which provides the commission the authority to certify 
persons as qualified fire protection personnel instructors under conditions the 
commission prescribes. 
 
  This agency hereby certifies that the amendment as adopted has been reviewed 
by legal counsel and found to be a valid exercise of the agency's legal 
authority. 
Issued in Austin, Texas, on February 28, 1994. 
TRD-9436939 
Jack Woods 
General Counsel 
Texas Commission on Fire Protection 
Effective date: March 23, 1994 
Proposal publication date: December 14, 1993 
For further information, please call: (512) 873-1700 

Subchapter C. Fire Education Specialist Certification 
37 TAC sec.425.301 
  The Texas Commission on Fire Protection adopt an amendment to sec.425.301, 
concerning fire service instructor certification, without changes to the 
proposed text as published in the December 14, 1993, issue of the Texas Register  
(18 TexReg 9286). 
 The justification for the changes is administrative convenience. 
 In sec.425.301 the form numbers are deleted from the rules. 
 No comments were received regarding adoption of the amendment. 
 The amendment is adopted under the Texas Government Code, sec.419.008, which 
provides the Texas Commission on Fire Protection with authority to adopt rules 
for the administration of its powers and duties; and Texas Government Code, 
sec.419.028(b)(3), which provides the commission the authority to certify 
persons as qualified fire protection personnel instructors under conditions the 
commission prescribes. 
 
  This agency hereby certifies that the rule as adopted has been reviewed by 
legal counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on February 28, 1994. 
TRD-9436938 
Jack Woods 
General Counsel 
Texas Commission on Fire Protection 
Effective date: March 23, 1994 
Proposal publication date: December 14, 1993 
For further information, please call: (512) 873-1700 

Chapter 427. Certified Training Facilities 
37 TAC sec.427.1 
  The Texas Commission on Fire Protection adopts an amendment to sec.427.1, 
concerning training facilities, without changes to the proposed text as 
published in the December 14, 1993, issue of the Texas Register (18 TexReg 
9286). 
 The justification for this change is administrative convenience. 
 The amendment to this section removes the form number for the prior approval 
submission form. 
 No comments were received regarding adoption of the amendment. 
 The amendment is adopted under the Texas Government Code, sec.419.008, which 
provides the Texas Commission on Fire Protection with authority to adopt rules 
for the administration of its powers and duties; and Texas Government Code, 
sec.419.028(b)(1), which provides the commission the authority to certify 
facilities operated for training fire protection personnel. 
 
  This agency hereby certifies that the rule as adopted has been reviewed by 
legal counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on February 28, 1994. 
TRD-9436937 
Jack Woods 
General Counsel 
Texas Commission on Fire Protection 
Effective date: March 23, 1994 
Proposal publication date: December 14, 1993 
For further information, please call: (512) 873-1700 

37 TAC sec.sec.429.1, 429.5, 429.7, 429.9 
  The Texas Commission on Fire Protection adopt an amendment to sec.429.1 and 
new sec.sec.429.5, 429.7, and 429.9, concerning minimum standards for fire 
inspectors, without changes to the proposed text as published in the December 
14, 1993, issue of the Texas Register (18 TexReg 9287). 
 The new sections and amendment omit the "limited" certification for fire 
fighters assigned to limited inspection duties with its requirement for 
supervision by a full-time inspector in order to address the needs of smaller 
communities that cannot afford full-time inspectors. The new rules allow fire 
protection personnel to hold certifications based on training. The new core 
course requirements for higher levels of certification allow a combination of 
college courses and National Fire Academy contact hour courses in response to 
fire service concerns about course availability. In addition, the new sections 
delete requirements for full-time assignment to inspection duties for higher 
levels of certification, consistent with other disciplines. 
 The amendment to sec.429.1(c) deletes the fire fighter/fire inspector limited 
certification. The new sec.sec.429.5, 429.7, and 429.9 provides new course 
requirements for higher levels of inspector certification. 
 No comments were received regarding adoption of the amendment and new sections. 
 The amendment and new sections are adopted under the Texas Government Code, 
sec.419.008, which provides the Texas Commission on Fire Protection with 
authority to adopt rules for the administration of its powers and duties; and 
Texas Government Code, sec.419.022(a)(5), which provides the commission the 
authority to establish minimum standards for admission to employment as fire 
protection personnel and for specialized fire protection personnel positions. 
 
  This agency hereby certifies that the rule as adopted has been reviewed by 
legal counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on February 28, 1994. 
TRD-9436935 
Jack Woods 
General Counsel 
Texas Commission on Fire Protection 
Effective date: March 23, 1994 
Proposal publication date: December 14, 1993 
For further information, please call: (512) 873-1700 

Chapter 429. Minimum Standards for Fire Inspectors 
37 TAC sec.sec.429.5, 429.7, 429.9, 429.11 
  The Texas Commission on Fire Protection proposes the repeal of sec.sec.429.5, 
429.7, and 429.9, concerning higher levels of inspector certification and 
sec.429.11, concerning fire fighter/fire inspector limited certification, 
without changes to the proposed text as published in the December 14, 1993, 
issue of the Texas Register (18 TexReg 9289). 
 The repeals are justified by the need to replace obsolete language with new 
sections dealing with the same subject matter for higher levels of 
certification. The repeal of the inspector limited certification is justified by 
the need to provide smaller communities who cannot afford to hire full-time fire 
inspection personnel the ability to certify fire inspection personnel based on 
training and not full-time assignment to inspection duties. 
 The result of enforcing the repeals will be better qualified individuals doing 
inspections in smaller communities. The greater flexibility to obtain core 
courses will also encourage fire inspectors to obtain additional training for 
higher levels of certification resulting in more highly trained inspectors. 
 No comments were received regarding adoption of the repeals. 
 The repeals are adopted under the Texas Government Code,  sec.419.008, which 
provides the Texas Commission on Fire Protection with authority to adopt rules 
for the administration of its powers and duties; and the Texas Government Code, 
sec.419.022(a)(5), which provides the commission with authority to establish 
minimum standards for admission to employment as fire protection personnel and 
for specialized fire protection personnel positions. 
 
  This agency hereby certifies that the rule as adopted has been reviewed by 
legal counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on February 28, 1994. 
TRD-9436936 
Jack Woods 
General Counsel 
Texas Commission on Fire Protection 
Effective date: March 23, 1994 
Proposal publication date: December 14, 1993 
For further information, please call: (512) 873-1700 

Chapter 431. Minimum Standards for Fire and Arson Investigators 
37 TAC sec.sec.431.1, 431.5, 431.7, 431.9, 431.11, 431.13 
  The Texas Commission on Fire Protection adopts the repeal of sec.sec.431.1, 
431.5, 431.7, 431.9, 431.11, and 431.13, concerning fire and arson investigator 
certification, without changes to the proposed text as published in the December 
14, 1993, issue of the Texas Register  (18 TexReg 9290). 
 The repeals are justified by the need to replace language deemed unnecessary in 
view of the current needs of the fire service. 
 The repealed sections are to be replaced by new sections relating to the same 
subject matter published in this issue of the  Texas Register. The result of 
enforcing the new sections will be better qualified individuals doing 
investigations in smaller communities. The greater flexibility to obtain core 
courses will also encourage fire investigators to obtain additional training for 
higher levels of certification resulting in more highly trained investigators. 
 No comments were received regarding adoption of the repeals. 
 The repeals are proposed under the Texas Government Code, sec.419.008, which 
provides the Texas Commission on Fire Protection with authority to adopt rules 
for the administration of its powers and duties; and the Texas Government Code, 
sec.419.022(a)(5), which provides the commission with authority to establish 
minimum standards for admission to employment as fire protection personnel and 
for advanced or specialized fire protection personnel positions. 
 
  This agency hereby certifies that the rule as adopted has been reviewed by 
legal counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on February 28, 1994. 
TRD-9436933 
Jack Woods 
General Counsel 
Texas Commission on Fire Protection 
Effective date: March 23, 1994 
Proposal publication date: December 14, 1993 
For further information, please call: (512) 873-1700 

37 TAC sec.sec.431.1, 431.5, 431.7, 431.9, 431.11 
  The Texas Commission on Fire Protection adopts new sec. sec.431.1, 431.5, and 
431.11, concerning fire and arson investigators, without changes to the text 
published in the December 14, 1993, issue of the Texas Register (18 TexReg 
9290). Section 431.7 and sec.431.9, concerning minimum standards for Advanced 
Fire and Arson Investigation certification and minimum standards for Master Fire 
and Arson investigation certification, respectively, are adopted with changes to 
the proposed text as published in the December 14, 1993, issue of the Texas 
Register (18 TexReg 9290). Section 431.7 is changed to correct a typographical 
error where two subsections were numbered (a)(4) and sec.431.9 is changed to 
correct a typographical error by deleting the word "in" found in subsection 
(a)(4)(C). 
 The new sections omit the "limited" certification for fire fighters assigned to 
limited fire investigation duties with its requirement of supervision by a full 
time fire investigator (consistent with the changes to inspector certification) 
primarily to address the needs of smaller communities unable to afford full-time 
fire investigators. The new rules allow fire protection personnel to hold fire 
investigator certifications based on training. The new core course requirements 
for higher levels of certification allow combination of college courses and 
contact hour courses in response to fire service concerns about course 
availability. The omission of advanced peace officer certification requirements 
mitigate the adoption of core courses for intermediate and advanced investigator 
certification. In addition, the new sections delete requirements for full-time 
assignment to investigation duties for higher levels of certification, 
consistent with other disciplines. Finally, the new section for certification of 
law enforcement personnel as fire and arson investigators allows such persons to 
seek higher levels of certification in view of the changes to other sections 
which no longer require full-time assignment to fire investigation duties. 
 New sec.431.1 discontinues the fire fighter/fire investigator limited 
certification. The new sec.431.5 requires a peace officer commission to be held 
with the employing entity, but does not require an intermediate peace officer 
certification. Section 431.5 and sec.431.7 provide a new course outline for the 
Intermediate and Advanced Fire and Arson Investigator Certifications 
respectively. New sec.431.11 replaces a repealed section (formerly sec.431.13, 
scheduled for a January 1, 1994, effective date) dealing with the same subject 
matter and omits the provision that a law enforcement fire and arson 
investigator is not eligible to apply for advanced fire and arson investigator 
certifications through the commission. 
 No comments were received regarding adoption of the new sections. 
 The new sections are adopted under the Texas Government Code, sec.419.008, 
which provides the Texas Commission on Fire Protection with authority to adopt 
rules for the administration of its powers and duties; and the Texas Government 
Code, sec.419.022(a)(5), which provides the commission with authority to 
establish minimum standards for admission to employment as fire protection 
personnel and for advanced or specialized fire protection personnel positions. 
 
sec.431.7. Minimum Standard for Advanced Fire and Arson Investigator 
Certification. 
  (a) Applicants for Advanced Fire and Arson Investigator certification must 
complete the following requirements: 
  (1) possess a current basic peace officer's certificate and license from the 
Commission on Law Enforcement Officers Standards and education 
  (2) hold a current commission as a peace officer with the employing entity for 
which the fire and arson investigations will be done; 
  (3) hold as a prerequisite an Advanced Fire and Arson Investigator 
certificate; 
  (4) acquire one of the following combinations of college education or training 
points and listed years of fire protection experience, which may include the 
training points and years of experience that was used to qualify for all lower 
levels of Fire and Arson Investigator certification: 
  (A) 40 training points and at least 12 years of service; or 
  (B) 40 training points which includes at least 15 college semester hours in 
fire science subjects and at least ten years of service; or 
  (C) An associate degree or 60 training points and at least nine years of 
service; or 
  (D) An associate degree or 60 training points, either of which includes at 
least 15 college semester hours in fire science subjects and at least six years 
of service; or 
  (E) A baccalaureate degree or an Associate Degree in Fire Science or 120 
training points and at least four years of service; or 
  (F) A baccalaureate degree or 120 training points either of which includes at 
least 15 college semester hours in fire science subjects and at least three 
years of service. 
  (5) As a part of the training specified in paragraph (3) of this subsection, 
complete the courses listed in one of the following options: 
  (A) Option #1-Successfully complete six semester hours of fire science from an 
approved Fire Protection Degree Program from the following courses: 
  (i) Advanced Fire Loss Statistical Systems, or a course that meets the 
following course description-The study of computerizes systems used for storing 
and retrieving fire loss statistics. Techniques for programming records are 
covered. New systems of microfilming, including the modern technology of COM 
(computer output microfilm) and microfiche, are presented. Standards for uniform 
coding for fire protection are reviewed; or 
  (ii) Courts and Criminal Procedures, or a course that meets the following 
course description-The judiciary system; American court system; prosecution; 
right to counsel; pre-trial release; grand juries; adjudication process; types 
and rules of evidence, sentencing; or 
  (iii) Criminal Investigation, or a course that meets the following course 
description -Investigative theory; collection and preservation of evidence; 
sources of information; interview and interrogation; uses of forensic sciences 
case and trial preparation. 
  (iv) Fire Administration II, or a course that meets the following course 
description-Insurance rates and ratings, preparation of budgets, administration 
and organization of training in the fire department; city water requirements, 
fire alarm and communication systems; importance of public relations, report 
writing and record keeping are stressed; measurements of results, use of records 
to improve procedures, and other related topics; illegal aspects relating to 
fire prevention and fire protection with stress on municipal and state agencies; 
design and construction of fire department buildings; 
  (B) Option #2-Complete a minimum of 80 hours of instruction in any National 
Fire Academy on-campus resident program; 
  (C) Option $3-Complete a minimum of 80 hours in the following National Fire 
Academy off-campus courses: 
  (i) Building Construction for Fire Suppression Forces Principles, Wood and 
Ordinary Construction (12 hours); 
  (ii) Building Construction for Fire Suppression Forces Principles, Non-
Combustible and Fire Resistive Construction (12 hours); 
  (iii) Firefighter Safety and Survival: The Company Officer's Responsibility 
(16 hours); 
  (iv) Firefighter Health and Safety: Program Implementation and Management (16 
hours); 
  (v) Fire Service Management (12 hours); 
  (vi) Leadership I: Strategies for Company Success (12 hours); 
  (vii) Leadership II: Strategies for Personal Success (12 hours); 
  (viii) Leadership III: Strategies for Supervisory Success (12 hours); 
  (ix) Public Fire Education Planning (12 hours); 
  (x) Infection Control for Emergency Response Personnel: The Supervisors Role 
and Responsibilities (1 hours); 
  (D) Option #4-Successfully complete three semester hours of the courses listed 
in option #1 and 40 hours of the courses listed in option #3; 
  (E) Option #5-Advanced Arson for Profit (Bureau of Alcohol, Tobacco, and 
Firearms resident or field course, 80 hours). 
  (b) College level courses from both the upper and lower division may be used 
to satisfy the education requirement for Advanced Fire and Arson Investigator 
Certification. 
  (c) National Fire Academy off campus courses that are discontinued by the 
National Fire Academy and are replaced by new course, of equal or greater class 
hours, the new course may be used toward requirements for certification. 
  (d) Non-traditional credit awarded at the college level, such as credit for 
experience or credit by examination obtained from attending any school in the 
commission's document titled "Commission Certification Curriculum Manual" or for 
experience in the fire service, may not be counted toward higher levels of 
certification. Credit will not be given for repeating a course or courses of 
similar content. 

sec.431.9. Minimum Standard For Master Fire And Arson Investigator 
Certification. 
  (a) Applicants for .aster Fire and Arson Investigator certification must 
complete the following requirements: 
  (1) possess a current basic peace officer's certificate and license from the 
Commission on Law Enforcement Officers Standards and Education; and 
  (2) hold a current commission as a peace officer with the employing entity or 
which the fire and arson investigations will be done; 
  (3) hold as a prerequisite an Advanced Fire and Arson Investigator 
certificate; and 
  (4) acquire one of the following combinations of college education and the 
listed years of fire prctection experience, which may include the college 
semester and years of experience that was used to qualify for all lower levels 
of Fire and Arson Investigator certification: 
  (A) an associate degree or 60 college semester hours and at least 12 years of 
service; or 
  (B) an associate degree or 60 college semester hours, either of which must 
include at least 15 college semester hours in fire science subjects and at least 
nine years of service; or 
  (C) an Associate Degree in Fire Science and at least six years of service; or 
  (D) a baccalaureate degree or 120 college semester hours and six years of 
service; or 
  (E) a baccalaureate degree or 120 college semester hours, either of which must 
include at least 15 college semester hours in fire science subjects and at least 
four years of service; or 
  (F) a master's degree and at least four years of service. 
  (b) College level courses from both the upper and lower division may be used 
to satisfy the educational requirement for Master Fire and Arson Investigator 
Certification. 
  This agency hereby certifies that the rule as adopted has been reviewed by 
legal counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on February 28, 1994. 
TRD-9436934 
Jack Woods 
General Counsel 
Texas Commission on Fire Protection 
Effective date: March 23, 1994 
Proposal publication date: December 14, 1993 
For further information, please call: (512) 873-1700 

Chapter 439. Examinations for Certification 
37 TAC sec.439.7, sec.439.15 
  The Texas Commission on Fire Protection adopts an amendment to 37 TAC 
sec.439.7 concerning examination procedures and new sec.439.15 concerning 
testing for certification status, with changes to the proposed text as published 
in the December 14, 1993, issue of the Texas Register  (18 TexReg 9294). The 
changes to the text of sec.439.7 as published in the December 14, 1993, issue of 
the Texas Register were necessary to correct the omission of new text added by 
previous amendments to the section which added subsection (d)(1)-(3) and new 
subsection (n), published as final adoptions in the September 10, 1993, issue of 
the Texas Register (18 TexReg 6107) and an amendment adding new subsection (o), 
published as a final adoption in the November 12, 1933, issue of the Texas 
Register  (18 TexReg 8353). The change to new  sec.439.15 as originally 
published was necessary to correct the omission of text added by a previous 
amendment to the section adding new subsection (c) concerning military and 
legislative leave, which was published as a final adoption in the September 10, 
1993, issue of the Texas Register  (18 TexReg 6106). 
 The changes to sec.439.7 streamline and clarify the application procedures for 
examinations and are justified by administrative convenience. New sec.439. 15 is 
justified by the need to conform the rule to statutory changes and the 
assumption that performance skills are maintained through continuing education. 
 The change to sec.439.7 establishes procedures to apply for the certification 
examination approval of a course. The new sec.439.15 requires performance skills 
as part of the proficiency examination to re-enter the fire service unless a 
continuing education requirement is satisfied. 
 No comments were received regarding adoption of the amendment and new section. 
 The amendment and new section are adopted under Texas Government Code, 
sec.419.008, which provides the Texas Commission on Fire Protection with 
authority to adopt rules for the administration of its powers and duties; Texas 
Government Code, sec.419.032(b), concerning basic certification examinations and 
continuing education programs; and Texas Government Code, sec.413.034(d) and 
(e), concerning proficiency examinations. 
 
sec.439.7. Procedure. 
  (a)-(c) (No change.) 
  (d) To apply for a commission examination, the designated training officer or 
coordinator of the entity providing the training must have completed and 
submitted the Course/School Prior Approval Submission Form to the commission 20 
calendar days prior to the proposed starting date of the course. Upon commission 
approval of the course, the provider of training will receive a Notice of Course 
Approval, Application for Testing form, and Endorsement of Eligibility form. The 
provider of training shall complete the Application for Testing and return to 
the commission office within 14 calendar days of receipt of the application. The 
commission, upon receipt of the Application for Testing, will schedule a time 
and place for the examination. A reasonable attempt shall be made to schedule 
the examination as soon as possible after the completion of the applicable 
course and at a place agreeable to the provider of training. 
  (1) Commission examinations, or retakes, for less than eight examinees shall 
be conducted in Austin, Texas, or other place designated by the commission. The 
commission shall coordinate with the provider of training as to the time of the 
examination. 
  (2) Commission examinations, or retakes, for less than eight examinees shall 
be conducted in accordance with this section, provided that the entity providing 
the training agrees to pay an examination fee equal to the amount that would be 
charged for eight examinees. 
  (3) If a performance test is part of the commission examination, examinees 
that are required to take the commission examination in Austin, Texas, or other 
place designed by the commission, shall be required to furnish a complete set of 
protective clothing that complies with sec.435.3(2) of this title (relating to 
Protective Clothing) . Examinees are encouraged, but not required, to provide a 
self-contained breathing apparatus that complies with sec.435.3(2) of this title 
(relating to Self-Contained Breathing Apparatus) that the examinee is familiar 
with and an extra cylinder. 
  (e)-(m) (No change.) 
  (n) An examinee that successfully completes the applicable curriculum and the 
required commission basic certification examination shall be issued a 
certificate of completion from the provider of training. The certificate of 
completion shall, as a minimum, identify the provider of training, the course 
I.D. number, the course approval number, hours of instruction, date issued (date 
commission basic certification examination was successfully passed), name of 
instructor, and the name of the person completing the course. 
  (o) If performance skills are required as part of a certification examination, 
the entity applying store the certification examination shall be responsible for 
providing the required number of Approved Field Proctors. The number of Field 
Proctors shall be determined by the commission. 

sec.439.15. Testing For Certification Status. 
  (a) An individual on inactive status, as defined in  sec.421.5 of this title 
(relating to definitions) for one year or longer may not renew the certificate 
or certificates that were previously held. 
  (b) The individual may obtain a new certificate or certificates in the 
discipline or disciplines which were previously held by becoming employed to a 
position as defined in sec.421.5 of this title (relating to definitions of fire 
protection personnel) and: 
  (1) passing a commission proficiency examination pertaining to the discipline 
or disciplines which was previously held. 
  (A) If performance skills are part of the proficiency examination the 
individual must complete the proficiency performance skills part of examination 
unless proof is provided for compliance with the continuing education 
requirement for the discipline, as specified in Chapter 441 of this title 
(pertaining to Continuing education), for each year up to and including three 
years prior to the examination. 
  (B) The required hours of continuing education shall be from Track-A only. One 
half of the required hours of continuing education shall be performance skills 
related. 
  (C) The proficiency examination must be passed prior to assignment to fire 
suppression duties. 
  (2) completing the current requirements, set by the commission for the 
discipline or disciplines previously held, that would be applied to an 
individual that had not been certified by the commission; or 
  (3) apply for, and receive a new certification in a discipline that was 
previously held without taking the proficiency examination or repeating the 
requirements for certification in the discipline to which the individual was 
previously certificated if the individual has complied with the continuing 
education requirement, for the discipline that was previously held, as specified 
in Chapter 441 of this title, pertaining to Continuing Education; and 
  (A) has continuously held one or more of the following certifications: 
  (i) Structural Fire Protection Personnel; 
  (ii) Aircraft Fire Fighting and Rescue Fire Protection Personnel; 
  (iii) Marine Fire Protection Personnel; 
  (vi) Fire Prevention Personnel; 
  (v) Fire and Arson Investigator; 
  (vi)  Fire Protection Personnel Instructor; or 
  (B) has been employed full-time as a fire protection employee, without a break 
in service of one year or longer, by a nongovernmental entity not regulated by 
the commission; or 
  (C) has been employed in a fire protection personnel position in another 
jurisdiction without a break in service of one year or longer. 
  (c) For the purposes of this section, the time that a person serves in the 
military who is called to active duty in accordance with applicable federal law 
or that a person serves in the state legislature who qualifies for legislative 
leave under the provisions of Texas Civil Statutes, Article 6252-4c, is not 
considered a break in service for any reason and the person is not required to 
complete the examination requirement upon return to employment to a fire 
protection personnel position in order to obtain a new certificate, provided 
that the individual must comply with the continuing education requirement 
applicable to the certificate previously held by the individual after the 
effective date of this rule except as provided by federal law. 
  This agency hereby certifies that the rule as adopted has been reviewed by 
legal counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on February 28, 1994. 
TRD-9436931 
Jack Woods 
General Counsel 
Texas Commission on Fire Protection 
Effective date: March 23, 1994 
Proposal publication date: December 14, 1993 
For further information, please call: (512) 873-1700 

37 TAC sec.439.15 
  The Texas Commission on Fire Protection adopts the repeal of sec.439.15, 
concerning testing for certification status, without changes to the proposed 
text as published in the December 14, 1993, issue of the Texas Register  (18 
TexReg 9295). 
 The repeal is justified by the need to conform the rules concerning proficiency 
examinations to statutory changes. 
 The repealed section will be replaced by a new section relating to the same 
subject matter proposed in this issue of the  Texas Register. 
 No comments were received regarding adoption of the repeal. 
 The repeal is adopted under the Texas Government Code,  sec.419.008, which 
provides the Texas Commission on Fire Protection with authority to adopt rules 
for the administration of its powers and duties; Texas Government Code, sec.419. 
032(b), concerning basic certification examinations and continuing education 
programs; and Texas Government Code, sec.419.034(d) and (e), concerning 
proficiency examinations. 
 
  This agency hereby certifies that the repeal as adopted has been reviewed by 
legal counsel and found to be within the agency's authority to adopt. 
Issued in Austin, Texas, on February 28, 1994. 
TRD-9436932 
Jack Woods 
General Counsel 
Texas Commission on Fire Protection 
Proposed date of adoption: March 23, 1994 
For further information, please call: (512) 873-1700 

Chapter 447. Part-Time Fire Protection Employee 
37 TAC sec.sec.447.1, 447.3, 447.5 
  The Texas Commission on Fire Protection adopts new Chapter 447 concerning 
part-time fire protection employees, without changes to the proposed text as 
published in the December 14, 1993, issue of the Texas Register (18 TexReg 
9295). 
 The adopted new sections are justified by statutory changes contained in Senate 
Bill 1110 requiring the commission to establish a certification classification 
for part-time fire protection employees. 
 The new chapter includes sec.447.1 which establishes minimum standards for 
part-time fire protection employees, sec.447.3 which provides minimum standards 
for advanced levels of part-time certification, and sec.447.5, which outlines 
permissible hours of work for part-time fire protection employees. 
 No comments were received regarding adoption of the new sections. 
 The new sections are adopted under the Texas Government Code, sec.419.008, 
which provides the Texas Commission on Fire Protection with authority to adopt 
rules for the administration of its powers and duties, and Texas Government 
Code, sec.419.0321, which provides that the commission shall create a separate 
certification class for part-time fire protection employees. 
 
  This agency hereby certifies that the adopted new sections have been reviewed 
by legal counsel and found to be within the agency's authority to adopt. 
Issued in Austin, Texas, on February 28, 1994. 
TRD-9436930 
Jack Woods 
General Counsel 
Texas Commission on Fire Protection 
Earliest possible date of adoption: March 23, 1994 
For further information, please call: (512) 873-1700 

Chapter 449. Head Of a Fire Department 
37 TAC sec.449.1 
  The Texas Commission on Fire Protection adopts new sec.449.1 concerning the 
head of a fire department with changes to the proposed text as published in the 
December 14, 1993, issue of the Texas Register (18 TexReg 9296). The change to 
this section includes the addition of a new subsection (c) which permits out-of-
state training or certification to meet the requirement of emergency care 
attendant certification for disciplines requiring such certification. 
 The new section is justified by statutory changes and by the expected result 
that a fire department head will be required to demonstrate a basic level of 
knowledge in the discipline in which he or she supervises fire protection 
personnel. 
 The new section establishes minimum standards for certification of the head of 
a fire department for persons appointed on and after September 1, 1993, in order 
to implement changes made by Senate Bill 1110. The new section requires 
certification within a year of appointment in one of the disciplines regulated 
by the commission. The new section also establishes the criteria for documenting 
experience in a volunteer fire department as an alternative for formal training. 
Finally, the section as adopted permits out-of-state applicants to document 
equivalent training or certification in another state to satisfy Emergency Care 
Attendant requirements in disciplines where applicable. 
 Commentators argued that the head of a fire department should not be required 
to take a basic certification test in the respective disciplines, or that a 
certification for the head of a department be created. In addition, commentators 
stated that the Emergency Care Attendant certification requirement should not 
apply to the head of a department, or alternatively, that it should be satisfied 
by equivalent training or certification in another jurisdiction without current 
certification by the Texas Department of Health. 
 Commentators against the proposed new section included representatives of the 
Texas Fire Chiefs Association and the City of Garland. Commentators in favor of 
the rule included representatives of the Fire Protection Personnel Advisory 
Committee. 
 The Texas Commission on Fire Protection is in agreement with the commentators 
that urged recognition of out-of-state Emergency Care Attendant training and 
certification and modified the rule accordingly. The commission disagreed with 
the position that Emergency Care Attendant training should not be required at 
all, because it was deemed an essential element of training. 
 Further, the commission disagreed that the head of a fire department should not 
be required to take a basic certification test for the reason that statutory 
changes to Government Code, sec.419.032(f) in Senate Bill 1110 require a basic 
certification test. The commission, however, did invite a proposal from the 
Texas Fire Chiefs Association to create a new certification classification for 
the head of a department to be submitted to the Fire Protection Personnel 
Advisory Committee for rule development.
 The new section is adopted under the Texas Government Code, sec.419.008, which 
provides the Texas Commission on Fire Protection with authority to adopt rules 
for the administration of its powers and duties, and Texas Government Code, 
sec.419.032(f), which provides that the commission shall adopt rules for the 
purpose of this subsection relating to presentation of evidence regarding 
volunteer fire fighter experience.
 
sec.449.1 Minimum Standards for the Head of a Fire Department.
  (a) An individual who is employed as the head of a fire department, on or 
after September 1, 1993, must be certified by the commission, as a minimum, as a 
Basic Strucutral Fire Protection Personnel, Basic Aircraft Rescue and Fire 
Protection Personnel, Marine Fire Protection Personnel, Basic Fire Inspector, or 
Basic Fire and Arson Investigator within one year from the date of appointment 
or within one year of September 1, 1993, whichever is later. In order to be 
certified the individual must:
  (1) complete one of the following requirements:
  (A) Basic Structural Fire Protection Personnel as specified in sec.423.1 of 
this title (relating to Minimum Standards for Basic Structural Fire Protection 
Personnel); or
  (B) Basic Aircraft Rescue and Fire Protection Personnel as specified in 
sec.423.203 of this title (relating to Minimum Standards for Basic Aircraft 
Rescue and Fire Protection Personnel Certification); or
  (C) marine Fire Protection Personnel as specified in sec.423.301 of this title 
(relating to Minimum Standards for Marine Fire Protection Personnel); or
  (d) Basic Fire Protection Instructor as specified in sec.425.1 of this title 
(relating to Minimum Standards for Basic Fire Service Instructor Certification); 
or
  (E) Basic Fire Inspector as specified in sec.429.3 of this title (relating to 
Inspector Certification Level Based on Population); or
  (F) Basic Fire and Arson Investigator as specific in sec.423.3 of this title; 
or
  (G) Provide documentation in the form of a sworn affidavit of ten years 
experience as an active volunteer fire fighter in one or more volunteer fire 
departments that meet the requirements of subsection (b) of this section; and
  (2) successfully pass the commission examination as specified in Chapter 439 
of this title (relating to Examinations for Certification), pertaining to 
Examinations for Certification; and
  (3) comply with the continuing education requirement specified in Chapter 441 
of this title (relating to Continuing Education) during the period of temporary 
appointment.
  (b) The ten years of volunteer service must be with a volunteer fire 
department or departments that meet the following requirements during the 
relevant period:
  (1) an active membership of 20 or more members; and
  (2) a minimum of two drills (not meetings) each month, each lasting a minimum 
of two hours and each having been attended by a majority of all active members.
  (c) For disciplines requiring Emergency Care Attendant certification from the 
Texas Department of Health, the requirement may be satisfied by documentation of 
equivalent training or certification in another jurisdiction in lieu of current 
certification by the Texas Department of Health.

This agency hereby certifies that the new section as adopted has been reviewed 
by legal counsel and found to be within the agency's authority to adopt.

Issued in Austin, Texas, on February 28, 1994.
TRD-9436929
Jack Woods
General Counsel
Texas Commission on Fire Protection
Earliest possible date of adoption: March 23, 1994
For further information, please call: (512) 873-1700

Chapter 491. Voluntary Regulation of State Agencies and State Agency Employees
37 TAC sec.491.3
  The Texas Commission on Fire Protection adopt an amendment to sec.491.3, 
concerning documentation required for voluntary regulation of state agencies and 
state agency employees, without changes to the proposed text as published in the 
December 14, 1993, issue of the Texas Register (18 TexReg 9297).
  The amendment is justified by changes to Texas Government Code, sec.419.083, 
which permits voluntary certification as fire protection personnel of person 
employed by state agencies in the field of fire instruction or fire training 
evaluation, provided the training and experience requirements for fire 
protection personnel are met.
  The amendment permits voluntary certification of state agency employees in the 
field of fire instruction and fire training evaluation.
  No comments were received regarding adoption of the amendment.
  The amendment is adopted under the Texas Government Code, sec.419.008, which 
provides the Texas Commission on Fire Protection with authority to adopt rules 
for the administration of its powers and duties; and Texas Government Code, 
sec.419.083, which provides for voluntary regulation of certain state agencies 
and state agency employees under one or more discrete components of the 
commission's regulatory authority under Texas Government Code, Chapter 419, 
Subchapter B, as defined by commission rule.
  This agency hereby certifies that the rule as adopted has been reviewed by 
legal counsel and found to be a valid exercise of the agency's legal authority.
Issued in Austin, Texas, on February 28, 1994.
TRD-9436928
Jack Woods
General Counsel
Texas Commission on Fire Protection
Effective date: March 23, 1994
Proposal Publication Date: December 14, 1993
For further information, please call: (512) 873-1700

Chapter 493. Voluntary Regulation of Federal Agencies and Federal Agency 
Employees
37 TAC sec.sec.493.1, 493.3, 493.5, 493.7
  The Texas Commission on Fire Protection adopt amendments to sec.sec.493.1, 
493.3, 493.5, 493.7, concerning voluntary regulation of federal agencies and 
federal agency employees, without changes to the proposed text as published in 
the December 14, 1993, issue of the Texas Register (18 TexReg 9297).
  The amendments are justified by changes to the Texas Government Code, 
sec.419.084, which changed the provisions for voluntary regulations of federal 
agency employees to allow certification of employees of an entity that contracts 
with the federal government to protect federal property.
  The amendments to Chapter 493 reflect a change in terminology from "federal 
employee" to "federal fire fighter" and a requirement for a description of 
federal property protected.
  No comments were received regarding adoption of the amendments.
  The amendments are adopted under the Texas Government Code, sec.419.008, which 
provides the Texas Commission on Fire Protection with authority to adopt rules 
for the administration of its powers and duties; and Texas Government Code, 
sec.419.084, which provides for voluntary regulation of certain federal agencies 
and federal agency employees under one or more discrete components of the 
commission's regulatory authority under Texas Government Code, Chapter 419, 
Subchapter B, as defined by commission rule.
  This agency hereby certifies that the rule as adopted has been reviewed by 
legal counsel and found to be a valid exercise of the agency's legal authority.
Issue in Austin, Texas, on February 28, 1994.
TRD-9436927
Jack Woods
General Counsel
Texas Commission on Fire Protection
Effective Date: March 23, 1994
Proposal publication date: December 14, 1993
For further information, please call: (512) 873-1700

Chapter 495. Voluntary Regulation of Nongovernmental Departments
37 TAC sec.sec.495.1, 495.3, 495.5
  The Texas Commission on Fire Protection adopts the repeal of sec.495.1, 495.3, 
and 495.5, concerning voluntary regulation of nongovernmental departments, 
without changes to the proposed text as published in the December 14, 1993 issue 
of the Texas Register (18 TexReg 9298).
  The repeals are justified by administrative convenience and the need to 
reorganize Chapter 495 into two subchapters as a result of the addition of a new 
sec.419.087 in the Government Code pertaining to mandatory regulation of "for 
profit" fire departments.
  The repealed sections are replaced by new sections with the same text 
organized in a new Subchapter A.
  No comments were received regarding adoption of the repeals.
  The repeals are adopted under the Texas Government Code, sec.419.008, which 
provides the Texas Commission on Fire Protection with authority to adopt rules 
for the administration of its powers and duties, sec.419.085, which provides the 
commission with authority to provide rules and procedures for voluntary 
regulation of certain nongovernmental departments, and Texas Government Code, 
sec.419.087, which provides the commission with authority to provide rules and 
procedures for mandatory regulation of nongovernmental organizations and 
personnel.
  This agency hereby certifies that the rule as adopted has been reviewed by 
legal counsel and found to be a valid exercise of the agency's legal authority.
Issued in Austin, Texas, on February 28, 1994.
TRD-9436926
Jack Woods
General Counsel
Texas Commission on Fire Protection
Effective date: March 23, 1994
Proposal publication date: December 14, 1993
For further information, please call: (512) 873-1700

  The Texas Commission on Fire Protection adopts a new Chapter 495, concerning 
regulation of nongovernmental departments, composed of a new Subchapter A 
concerning voluntary regulation of certain departments and a new Subchapter B 
concerning mandatory regulation of nongovernmental departments providing fire 
protection for profit, without changes to the proposed text as published in the 
December 14, 1993, Texas Register (18 TexReg 9298).
  The new sections are justified by administrative convenience.
  Subchapter A includes new sec.sec.495.1, 495.3, and 495.5 which replace 
repealed sections with the same subject matter and text, but are organized in 
the new subchapter A.
  No comments were received regarding adoption of the new chapter.
  The new sections are adopted under the Texas Government Code, sec.419.008, 
which provides the Texas Commission on Fire Protection with authority to adopt 
rules for the administration of its powers and duties, Texas Government Code, 
sec.419.085, which provides the Commission with authority to provide rules and 
procedures for voluntary regulation of certain nongovernmental departments.
  This agency hereby certifies that the rule as adopted has been reviewed by 
legal counsel and found to be a valid exercise of the agency's legal authority.
Issued in Austin, Texas, on February 28, 1994.
TRD-9436925
Jack Woods
General Counsel
Texas Commission on Fire Protection
Effective Date: March 23, 1994
Proposal publication date: December 14, 1993
For further information, please call: (512) 873-1700

Subchapter B. Regulation of Nongovernmental Organizations and Nongovernmental 
Personnel
37 TAC sec.sec.495.201, 495.203, 495.205, 495.207
  The Texas Commission on Fire Protection adopts a new Chapter 495, concerning 
regulation of nongovernmental department, comprised of a new Subchapter A 
concerning voluntary regulation and a new Subchapter B concerning mandatory 
regulation of nongovernmental departments and personnel that contract with a 
local government entity to provide fire protection for profit, without changes 
to the proposed text as published in the December 14, 1993, issue of the Texas 
Register (18 TexReg 9299).
  The new sections are justified by changes to Government Code in Senate Bill 
1110 which added sec.419.087, providing for mandatory regulation of certain 
nongovernmental organizations and personnel providing fire protection to local 
governments.
  Subchapter B, includes a new sec.495.201, concerning nongovernmental 
organizations, providing fire protection for profit; sec.495.203, concerning 
nongovernmental organization employees; sec.495.205, concerning nongovernmental 
personnel who contract directly with local governments to provide fire 
protection regulation; and sec.495.207, concerning regulation and certification, 
providing effective dates for the new requirements.
  No comments were received regarding adoption of the new section.
  The new sections are adopted under the Texas Government Code, sec.419.008, 
which provides the Texas Commission on Fire Protection with the authority to 
adopt rules for the administration of its powers and duties, Texas Government 
Code, sec.419.087, which provides the commission with authority to provide rules 
and procedures for mandatory regulations of nongovernmental organizations and 
personnel.
  This agency hereby certifies that the rule as adopted has been reviewed by 
legal counsel and found to be a valid exercise of the agency's legal authority.
Issue in Austin, Texas, on February 28, 1994.
TRD-9436924
Jack Woods
General Counsel
Texas Commission on Fire Protection
Effective Date: March 24, 1994
Proposal publication date: December 14, 1993
For further information, please call: (512) 873-1700

Chapter 521. Fire Extinguisher Rules
37 TAC sec.sec.521.6, 521.10, 521.16, 521.21, 521.22
  The Texas Commission on Fire Protection adopts amendments to sec.sec.521.6, 
521.10, 521.16, and 521.22 concerning fire extinguisher rules, without changes 
to the proposed text as published in the September 10, 1993 issue of the Texas 
Register (18 TexReg 6087) and the amendment to sec.521.21 as published in the 
November 12, 1993, issue of the Texas Register (18 TexReg 8349). The proposed 
amendment to sec.521.21 which was published in the September 10, 1993,, issue is 
being withdrawn.
  G. Mike Davis, interim state fire marshall, has determined that the amendments 
to sec.521.6 and sec.521.10 are necessary to require extinguisher cylinders be 
marked in compliance with specifications and requirements of the United States 
Department of Transportation. The amendment to sec.521.16, making the initial 
examination fee and reexamination fee nonrefundable, is necessary because of 
limited seating at the Commission headquarters for examinations of prospective 
licensees. The amendment to sec.521.21, requiring licensed firms to submit an 
installation certificate to the State Fire Marshall's office, is necessary in 
order to give enforcement investigators vital technical information about a 
fixed extinguisher system's compliance with State law. The amendment to 
sec.521.22 is necessary to allow extinguisher companies to add additional 
desired information to the installation label.
  The Texas Commission on Fire Protection adopts amendments to sec.sec.521.6, 
521.10, 521.16, 521.21 and 521.22 concerning the business of leasing, renting, 
selling, installing, and servicing of portable fire extinguishers and the 
planning, certifying, installing, or servicing of fixed fire extinguisher 
systems and to prohibit portable fire extinguishers, fixed fire extinguisher 
systems, and extinguisher equipment not labeled or listed by a testing 
laboratory. The definition of the Department of Transportation (DOT) cylinder is 
changed in sec.521.6 to include all fire extinguisher cylinders manufactured, 
tested, and marked in compliance with specifications and requirements of the 
United States Department of Transportation. The definition of a Type C 
certificate of registration is changed to specify hydrostatic testing of DOT 
marked fire extinguisher cylinders in sec.521.10. The amendment to sec.521.16 
makes the initial examination and reexamination fees non refundable and the 
amendment to sec.521.21 adds language requiring an installation certificate form 
be sent to the State Fire Marshall's Office after an installation of a fixed 
fire extinguisher system has been completed. The amendment to sec.521.22 
reflects the deletion of the word "only" in subsection (c) in order to allow 
fire extinguisher companies to add additional desired information to the 
installation label.
  No comments were received regarding adoption of the amendments.
  The amendments are adopted under Texas Civil Statutes, Article 5.43-1, sec.2, 
which provide the Texas Commission on Fire Protection with the authority to 
adopt rules necessary to its administration through the state fire marshall for 
the protection and preservation of life and property.
  This agency hereby certifies that the rule as adopted has been reviewed by 
legal counsel and found to be a valid exercise of the agency's legal authority.
Issued in Austin, Texas, on February 28, 1994.
TRD-9436946
Jack Woods
General Counsel
Texas Commission on Fire Protection
Effective date: March 23, 1994
Proposal publication date: November 12, 1993
For further information, please call: (512) 873-1700

TITLE 40. SOCIAL SERVICES AND ASSISTANCE
Part I. Texas Department of Human Services
Chapter 12. Special Nutrition Programs
Child and Adult Care Food Program
40 TAC sec. 12.6, sec. 12.23
  The Texas Department of Human Services (DHS) adopts amendments to sec.12.6 and 
sec.12.23, without changes to the proposed text as published in the January 25, 
1994, issue of the Texas Register (19 TexReg 494).
  The justification for the amendments is to prohibit sponsors from recruiting 
or contracting with a day home participating in the CACFP prior to June 1 of the 
year preceding the fiscal year in which the agreement becomes effective. The 
amendments enhance the ability of day care home providers to exercise their 
option to transfer to a new sponsor at the beginning of each fiscal year without 
requesting prior DHS approval, and maximize the use of CACFP funds for program 
administration functions other than recruitment of day care home providers from 
approved sponsors.
  The amendments will function by improving the program efficiency and increased 
program integrity.
  No comments were received regarding adoption of the amendments.
  The amendments are adopted under the Human Resources Codes, Title 2, Chapters 
22 and 33, which provide the department with the authority to administer public 
and nutritional assistance programs.
  The amendments implement the Human Resources Code, sec.sec.22.001-22.024 and 
sec.sec.33.001-33.024.
  This agency hereby certifies that the rule as adopted has been reviewed by 
legal counsel and found to be a valid exercise of the agency's legal authority.
Issued in Austin, Texas, on March 2, 1994
TRD-9436975
Nancy Murphy
Section Manager, Policy and Document Policy
Texas Department of Human Services
Effective date: April 1, 1994
Proposal publication date: January 25, 1994
For further information, please call: (512) 450-3765