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 1. ADMINISTRATION Part IV. Office of the Secretary of State Chapter 71. Office of the Secretary of State Practice and Procedure 1 TAC sec.71.8 The Office of the Secretary of State adopts an amendment to sec.71.8, concerning Copies, Certified Copies; Fees for Copies. The amendment is adopted without changes to the proposed text as published in the February 1, 1994, issue of the Texas Register (19 TexReg 679) and will not be republished. The amendment is necessary to implement House Bill 1009, 73rd Texas Legislature, which established a temporary 15% increase for copies of public records until the General Services Commission adopts the methods that state agencies will use to determine the cost of providing copies of public records. No comments were received regarding adoption of the amendment. The amendment is adopted under the Government Code, sec. sec.552.261, 552.262, and 2001, which authorizes the secretary of state to charge for photographic reproductions of public records. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be within the agency's legal authority. Issued in Austin, Texas, on March 4, 1994. TRD-9437153 Audrey Selden Assistant Secretary of State Office of the Secretary of State Effective date: March 28, 1994 Proposal publication date: February 1, 1994 For further information, please call: (512) 463-5562 Chapter 85. Microfilm 1 TAC sec.85.1 The Office of the Secretary of State adopts the repeal of sec.85.1, concerning fees and charges for microfilm copies. The requirements under sec.85. 1 are being incorporated with amendments to sec.71.8 of this title (relating to Copies; Certified Copies; Fees for Copies). No comments were received regarding adoption of the repeal. The repeal is adopted under the Government Code, sec. sec.552.261, 552.262, and 2001, which authorizes the secretary of state to charge for photographic reproductions of public records. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be within the agency's legal authority. Issued in Austin, Texas, on March 4, 1994. TRD-9437154 Audrey Selden Assistant Secretary of State Effective date: March 28, 1994 Proposal publication date: February 1, 1994 For further information, please call: (512) 463-5562 Part XVII. Texas Office of State-Federal Relations Chapter 451. Federal Grant Assistance Subchapter A. The State Match Pool for Federal Discretionary Grant Assistance 1 TAC sec.sec.451.1-451.9 The Texas Office of State-Federal Relations adopts new sections sec.sec.451. 1-451.9. Section 451.6 is adopted with changes to the proposed text as published in the February 4, 1994, issue of the Texas Register (19 TexReg 751). Sections 451.1-451.5 and sec.sec.451.7-451.9 are adopted without changes and will not be republished. The sections concern the administration of and disbursement of funds from the Texas Office of State-Federal Relations State Match Pool. The General Appropriations Act of 1993 (Article 1-3, Rider 5) authorizes the Texas Office of State-Federal Relations to establish and administer a federal grants initiative that will draw additional federal dollars to Texas. Changes occur in sec.451.6 in response to comments. The sections establish the Texas Office of State- Federal Relations State Match Pool to implement a federal grants initiative. The public benefit anticipated as a result of enforcing these sections will be a more effective use of public financial resources and better leverage of federal financial assistance to the State of Texas. Comments were received from the Texas Department of Criminal Justice requesting further clarification of the application review process. The Texas Office of State-Federal Relations agrees that further clarification is appropriate; changes to sec.451.6 reflect these comments. The new sections are adopted under the Texas Government Code, sec.751.022(b) (8), which empowers the Texas Office of State-Federal Relations with general rule-making authority, and the General Appropriations Act of 1993 (Article 1-3, Rider 5) which authorizes the Texas Office of State-Federal Relations to establish and administer a federal grants initiative that will draw additional federal dollars to Texas. sec.451.6. Review of Applications. (a) Application review panels. Applications may be reviewed, rated, and recommended for funding by members of an application review panel. Several solicitations of applications may be issued throughout a funding biennium depending on continuing availability of unallocated State Match Pool funds. Evaluation criteria for application review may be established on a solicitation by solicitation basis, and applications may be evaluated, rated, and ranked as a cohort group received during a single solicitation period. (b) The director shall approve the admittance of applications to the State Match Pool. 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 7, 1994. TRD-9437259 David A. Talbot General Counsel Office of the Governor Effective date: March 30, 1994 Proposal publication date: February 4, 1994 For further information, please call: (512) 463-7295 TITLE 16. ECONOMIC REGULATION Part III. Texas Alcoholic Beverage Commission Chapter 33. Licensing Application Procedures 16 TAC sec.33.1 The Texas Alcoholic Beverage Commission adopts new sec.33.1, with a change to the proposed text as published in the November 9, 1993, issue of the Texas Register (18 TexReg 8078). This section is adopted to delineate those offenses resulting in a criminal conviction or deferred adjudication which may form the basis for the denial of an applicants license or permit. This section provides for the specific offenses which may form the basis for denial as well as a time period within which said conviction or deferred adjudications will be considered as grounds for denial. There were no comments regarding adoption of this rule. The new section is adopted under Texas Alcoholic Beverage Code, sec.5.31, which provides the Commission with the authority to prescribe and publish rules necessary to carry out the provisions of the Alcoholic Beverage Code. sec.33.1. Final Conviction or Deferred Adjudication. (a) Final conviction or deferred adjudication for the following offenses may indicate that the applicant is not qualified or suitable to hold a permit or license under the Alcoholic Beverage Code, sec.109.532(b)(1), and may be grounds for denial unless three years, or two years for applicants who must only meet the qualifications under the Alcoholic Beverage Code, sec.61. 42(a)(6) or sec.61.43(1), have elapsed since the termination of a sentence, parole, or probation served by the applicant for: (1) any felony offense; (2) any controlled substance offense; (3) any firearm or weapons offense; (4) prostitution; (5) bookmaking; (6) gambling or gaming; (7) bootlegging. (b) Current permit or license holders who previously qualified for a permit or license and have not been subsequently convicted or received deferred adjudication for any offense listed in this rule are not disqualified from holding a permit or license under the Alcoholic Beverage Code, sec.109.532. 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 8, 1994. TRD-9437231 Gayle Gordon General Counsel Texas Alcoholic Beverage Commission Effective date: March 29, 1994 Proposal publication date: November 9, 1993 For further information, please call: (512) 206-3204 License and Permit Surcharges 16 TAC sec.33.23 The Texas Alcoholic Beverage Commission adopts an amendment to sec.33.23, concerning the setting of an annual surcharge for all holders of permits or licenses issued by the Commission as required by the Texas Alcoholic Beverage Code, sec.5.50(b), effective September 1, 1993, with changes to the proposed text as published in the February 4, 1994, issue of the Texas Register (19 TexReg 754). This amendment will lower the annual surcharge for all holders of Commission licenses or permits in addition to the regular licensing fee to cover the difference between the current revenue raised by fees and the appropriation to the Commission by the Legislature to administer the Texas Alcoholic Beverage Code. A refund of amounts in excess of $160 will be given to all permit and license holders who paid more than a $160 surcharge after September 1, 1993. In addition, holders of mixed beverage permits and private club registration permits will be required to pay a separate fee to cover the cost of auditing by the Comptroller of Public Accounts. No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Alcoholic Beverage Code, Subchapter B, sec.5.31, which provides the Texas Alcoholic Beverage Commission with the authority to prescribe and publish rules necessary to carry out the provisions of the Texas Alcoholic Beverage Code; and sec.5.50(b) which specifically mandates the surcharges. sec.33.23. Alcoholic Beverage License and Permit Surcharges. (a) A surcharge of 20% of all original or renewal certificates, permit or license fees set by the Texas Alcoholic Beverage Code rounded upward to the nearest $5.00 shall be levied against all certificate holders, permittees or licensees. (1) The surcharge shall apply to each brewpub licensed under Texas Alcoholic Beverage Code, Chapter 74, even though one or more are licensed under the same general management or ownership. (2) An organization which meets the requirements for exemption from a private club registration permit under the Texas Alcoholic Beverage Code, sec.32.11, is also exempt from the surcharge. (b) In order to cover the costs of the administration of the mixed beverage tax by the comptroller, all holders of mixed beverage permits and private club registration permits shall pay in addition to the 20% surcharge, an annual surcharge of $160. (c) The surcharges shall be due and payable at the same time and in the same place and manner as the original or renewal permit, certificate, or license fee to which the surcharges apply. (d) Failure or refusal to timely pay the license, certificate or permit surcharge shall be considered the same as failure to timely pay the original or renewal certificate, permit or license fee and the same penalties will apply. (e) Any annual surcharge paid after September 1, 1993, in accordance with subsection (b) of this section, in excess of $160, shall be refunded to mixed beverage and private club registration permit holders. 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 8, 1994. TRD-9437230 Gayle Gordon General Counsel Texas Alcoholic Beverage Commission Effective date: March 29, 1994 Proposal publication date: February 4, 1994 For further information, please call: (512) 206-3204 TITLE 19. EDUCATION Part I. Texas Higher Education Coordinating Board Chapter 1. Agency Administration Subchapter A. General Provisions 19 TAC sec.1.6 The Texas Higher Education Coordinating Board adopts an amendment to sec.1. 6, without changes to the proposed text as published in the December 14, 1993, issue of the Texas Register (18 TexReg 9252). Criteria will be established for the creation and operation of advisory committees by state agencies. The amendment is being made to comply with provisions of the General Appropriations Act and Senate Bill 383 enacted by the 73rd Legislature which establish criteria for the creation and operation of advisory committees by state agencies. The rules provide for the Coordinating Board's compliance with the provisions of Article 6252-33, Title 110A, Revised Statutes, and the General Appropriations Act regarding the composition and duration of committees, the reimbursement of committee member's expenses, the evaluation of committees, and the reporting to the Legislative Budget Board. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 6252-33, sec.5, which provide the Texas Higher Education Coordinating Board with the authority to adopt rules concerning Advisory Committees. 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 3, 1994. TRD-9437084 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: March 25, 1994 Proposal publication date: December 14, 1993 For further information, please call: (512) 483-6160 Chapter 5. Program Development Subchapter K. Private Degree-Granting Institutions Operating in Texas 19 TAC sec.5.213 The Texas Higher Education Coordinating Board adopts an amendment to sec.5. 213, without changes to the proposed text as published in the December 14, 1993, issue of the Texas Register (18 TexReg 9253). The change could improve the Coordinating Board's effectiveness in preventing deception of the public resulting from the conferring and use of fraudulent or substandard college or university degrees as provided in Texas Education Code, Chapter 61, Subchapter G, sec.61.301. The proposed amendment is being made to conform to the dissolution on December 31, 1993, of the Council on Postsecondary Education and its replacement on January 1, 1994, by one or more successor organizations whose approval constitutes one of the criteria required for Coordinating Board recognition of accrediting agencies as provided by Texas Education Code, Chapter 61, sec.61.302(8). The change will enable the Coordinating Board to limit its recognition of accrediting agencies to those that have demonstrated their qualifications in a nationally recognized forum in United States higher education. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Education Code, sec.61.302 and sec.61. 311, which provides the Texas Higher Education Coordinating Board with the authority to adopt rules concerning the Private Degree-Granting Institutions Operating in Texas. 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 3, 1994. TRD-9437086 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: March 25, 1994 Proposal publication date: December 14, 1993 For further information, please call: (512) 483-6160 Subchapter P. Testing and Remediation 19 TAC sec.sec.5.312-5.314, 5.318 The Texas Higher Education Coordinating Board adopts amendments to sec.sec.5. 312-5.314 and 5.318, without changes to the proposed text as published in the December 14, 1993, issue of the Texas Register (18 TexReg 9253). Deaf and blind students do not have to take the TASP test or participate in remediation until September, 1995. At that time, blind students will take the TASP test with appropriate accommodations and deaf students will be required to take the Stanford Achievement Test normed for the hearing impaired population. This should result in more appropriate testing for blind and deaf students. The ACT, SAT, and TAAS exemptions will require fewer students to take the TASP test and should exempt students who would not have needed remediation. This should result in more efficient testing. All institutions are now required to put TASP information in their catalogs thereby making TASP requirements clearer and more widely known. The "fresh start" provision clarifies the relationship between the fresh start legislation and the hours used to obtain TASP exemptions. The auditor's rule provides a mechanism to retrieve public formula funds that were obtained in violation of the TASP law. This makes enforcement of TASP provisions possible and could result in monies obtained illegally to be returned to the state. The proposed amendments are due to legislation passed during the last session. We are making an effort to reflect the purpose and intent of these legislative changes in Coordinating Board rules. The exception is a rule giving the state auditors authority to withhold formula funding for hours gained outside of compliance with the TASP law. This was necessary since the auditors must have some mechanism for fiscal redress by the state while conducting audits or else such audits would not result in savings to the state and would not be worth doing. These rule changes will be reflected in both Subchapter P and in the TASP Policy Manual -hence, all public institutions of higher education are expected to comply. Blind and Deaf students (per TEC 54. 205a) will not be required to take the TASP test or remediate until September, 1995. Students scoring a designated score levels on the ACT, SAT, and TAAS will not be required to take the TASP Test. Public Institutions of higher education must disseminate TASP information in their college catalogs. Students cannot claim TASP exemptions using hours which they have opted to ignore under the "fresh start" legislation. State auditors will now have a formal mechanism for retrieving state formula funds from institutions for hours gained outside of compliance with TASP. No comments were received regarding adoption of the amendments. The amendments are adopted under Texas Education Code, sec.61.027 and sec.61. 306, which provides the Texas Higher Education Coordinating Board with the authority to adopt rules concerning Testing and Remediation. 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 3, 1994. TRD-9437085 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: March 25, 1994 Proposal publication date: December 14, 1993 For further information, please call: (512) 483-6160 Chapter 21. Student Services Subchapter B. Determining Residence Status 19 TAC sec.21.38 The Texas Higher Education Coordinating Board adopts an amendment to sec.21.38, concerning Determining Residence Status (Responsibilities of the Public Institutions of Higher Education), without changes to the proposed text as published in the December 21, 1993, issue of the Texas Register (18 TexReg 9813). Homeless individuals will be identified consistently by all public institutions. The proposed amendment is being made to bring our residence rules into compliance with laws passed in the 1993 legislative session. Homeless individuals will be defined consistently by public institutions of higher education, and those enrolled in vocational education courses at a public junior college will be allowed to register by paying the resident rather than nonresident tuition rate. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Education Code, sec.54.052, which provides the Texas Higher Education Coordinating Board with the authority to adopt rules concerning Determining Residence Status (Glossary). 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 3, 1994. TRD-9437089 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: March 25, 1994 Proposal publication date: December 21, 1993 For further information, please call: (512) 483-6160 Chapter 21. Student Services Subchapter C. Hinson-Hazlewood College Student Loan Program for All Loans Which are Subject to the Provisions of the Federal Family Education Loan Program, the College Access Loan Program, the Health Education Assistance Loan Program, and the Health Education Loan Program 19 TAC sec.21.56, sec.21.62 The Texas Higher Education Coordinating Board adopts amendments to sec.21. 56 and sec.21.62, concerning the Hinson-Hazlewood Student Loan Program, without changes to the proposed text as published in the December 14, 1993, issue of the Texas Register (18 TexReg 9254). Section 21.56-Loans will be more easily available. Section 21.62-Interest may be compounded on a more advantageous schedule. Section 21.56 changed to comply with federal rules. The cosigners of promissory notes will not be required. Section 21.62 changed to improve the method for setting interest rates. The frequency of compounding interest will be subject to change more easily. There were no comments received, regarding adoption of the amendments. The amendments are adopted under Texas Education Code, sec.52.54, which provides the Texas Higher Education Coordinating Board with the authority to adopt rules concerning the Hinson-Hazlewood College Student Loan Program. 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 3, 1994. TRD-9437087 James McWhorter Assistant Commissioner Texas Higher Education Coordinating Board Effective date: March 25, 1994 Proposal publication date: December 14, 1993 For further information, please call: (512) 483-6160 TITLE 22. EXAMINING BOARDS Part I. Texas Board of Architectural Examiners Chapter 5. Interior Designers Subchapter B. Registration 22 TAC sec.5.31 The Texas Board of Architectural Examiners adopts an amendment to sec.5.31, concerning eligibility, without changes to the proposed text as published in the December 21, 1993, issue of the Texas Register (18 TexReg 9815). The amendment is necessary in order to update registration information in this section to reflect changes enacted during the last legislative session. The amendment will function to bring up to date requirements for registration in this section. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 249e, 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 7, 1994. TRD-9437176 LaVonne L. Garland Interim Director Texas Board of Architectural Examiners Effective date: March 28, 1994 Proposal publication date: December 21, 1993 For further information, please call: (512) 458-1363 Part XI. Texas State Board of Pharmacy Chapter 283. Licensing Requirements for Pharmacists 22 TAC sec.sec.283.7, 283.8, 283.11 The Texas State Board of Pharmacy adopts amendments to sec.283.7 and sec.283.8 and new sec.283.11, concerning Examination Requirements, Reciprocity Requirements, and Examination Retake Requirements, without changes to the proposed text as published in the January 4, 1994, issue of the Texas Register (19 TexReg 14). These rules specify the procedures an applicant who has failed the licensing examination(s) three times must follow in order to be allowed to retakethe examination. The rules implement the provisions of Senate Bill 621 and Senate Bill 472 passed by the 73rd Legislative Session to become effective September 1, 1993. Each of these bills amended the Texas Pharmacy Act, sec.21(c), to add the following language: "...An applicant who fails the examination may retake the examination two additional times. Before an applicant who has failed the examination three times is allowed to retake the examination, the applicant shall provide documentation from a college of pharmacy that additional college course work in subject areas the applicant failed in the examination has been successfully completed..." These rules are applicable for persons who have failed either NABPLEX or the Texas Pharmacy Jurisprudence Examination three times after September 1, 1993; require completion of college course work prior to any subsequent taking of the pharmacy examination(s) after an applicant has failed an exam three times; define college course work as either one or more standard courses or self-paced work offered in a college of pharmacy's academic program, one or more courses presented by an ACPE approved provider or a course recommended by the committee; and establish an Examination Retake Committee composed of one current Board member and a representative from each of the Texas Colleges of Pharmacy. The examination Retake Committee will meet no more than two times a year; review the analysis of an applicant's performance on the failed examination(s); recommend college course work which the applicant must successfully complete before the applicant may retake the examination(s); specify the requirements for completion of the course work and the documentation required to validate successful completion of the required course work; and certify to the Board that the applicant has successfully completed the required course work. No comments were received regarding adoption of the amendments and new section. The amendments and new section are adopted under the Texas Pharmacy Act (Texas Civil Statutes, Article 4542a-1), sec.21(c), which specifies that an applicant who has failed the licensing examination three times must complete additional college course work before he/she is allowed to retake the examination and sec.16(a), which provides the Texas State Board of Pharmacy the authority to adopt rules for the proper administration and enforcement 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-9436990 Fred S. Brinkley, Jr., R.Ph., M.B.A Executive Director/Secretary Texas State Board of Pharmacy Effective date: March 23, 1994 Proposal publication date: January 4, 1994 For further information, please call: (512) 832-0661 Chapter 291. Pharmacies All Classes of Pharmacies 22 TAC sec.291.21 The Texas State Board of Pharmacy adopts new sec.291.21, concerning notification to consumers, without changes to the proposed text as published in the January 4, 1994, issue of the Texas Register (19 TexReg 16). The rule specifies methods by which consumers are notified of the name, mailing address, and telephone number of the Board for the purpose of directing complaints to the Board as required by the Texas Pharmacy Act, sec.17A. The rule implements the provisions of SB 621 (Sunset Bill) passed by the 73rd Legislature to be effective on September 1, 1993. This bill added several new sections to the Texas Pharmacy Act which are "across-the-board" recommendations that were applied to all regulatory agencies undergoing Sunset during the session. One of the new sections is sec.17A which is titled "Public Interest Information and Complaints; Public Access to Board Functions." Sections (b) and (c) of the new sec.17A state the following: "Section (b)-The board by rule shall establish methods by which consumers and service recipients are notified of the name, mailing address, and telephone number of the board for the purpose of directing complaints to the board. The board may provide for that notification: on each registration form, application, or written contract for services of an individual or entity regulated under this Act; on a sign prominently displayed in the place of business of each individual or entity regulated under this Act; or in a bill for service provided by an individual or entity regulated under this Act. Section (c) -The board shall list along with its regular telephone number the toll-free telephone number that may be called to present a complaint about a health professional if the toll-free number is established under other state law." No comments were received regarding adoption of the new section. The new section is adopted under the Texas Pharmacy Act (Texas Civil Statutes, Article 4542a-1), sec.17A(b), which specifies that the Board by rules shall establish methods by which consumers and service recipients are notified of the name, mailing address, and telephone number of the Board for the purpose of directing complaints to the Board; sec.17A(c), which specifies that the Board shall list along with its regular telephone number the toll-free telephone number that may be called to present a complaint about a health professional if the toll-free number is established under other state law; and sec.16(a), which gives Texas State Board of Pharmacy the authority to adopt rules for the proper administration and enforcement 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-9436988 Fred S. Brinkley, Jr., R.Ph., M.B.A Executive Director/Secretary Texas State Board of Pharmacy Effective date: April 1, 1994 Proposal publication date: January 4, 1994 For further information, please call: (512) 832-0661 Chapter 295. Pharmacists 22 TAC sec.295.11 The Texas State Board of Pharmacy adopts new sec.295.11, concerning, notification to consumers, with changes to the proposed text as published in the January 4, 1994, issue of the Texas Register (19 TexReg 17). These rules specify methods by which consumers are notified of the name, mailing address, and telephone number of the Board for the purpose of directing complaints to the Board as required by Section 17A of the Texas Pharmacy Act. The new rule implements the provisions of SB 621 (Sunset Bill) passed by the 73rd Legislature to become effective on September 1, 1993. This bill added several new sections to the Texas Pharmacy Act which are "across-the-board" recommendations that were applied to all regulatory agencies undergoing Sunset during the session. One of the new sections is sec.17A which is titled "Public Interest Information and Complaints; Public Access to Board Functions." Sections (b) and (c) of the new sec.17A state the following: Section (b)-The board by rule shall establish methods by which consumers and service recipients are notified of the name, mailing address, and telephone number of the board for the purpose of directing complaints to the board. The board may provide for that notification: on each registration form, application, or written contract for services of an individual or entity regulated under this Act; on a sign prominently displayed in the place of business of each individual or entity regulated under this Act; or in a bill for service provided by an individual or entity regulated under this Act. Section (c) -The board shall list along with its regular telephone number the toll-free telephone number that may be called to present a complaint about a health professional if the toll-free number is established under other state law. One comment was received concerning the rule. The commenter suggested that the language in the notification to consumers be the same as that required for a pharmacy. The agency agrees with this comment and has amended the rule to reflect this agreement. The new section is adopted under the Texas Pharmacy Act (Texas Civil Statutes, Article 4542a-1): sec.17A(b), which specifies that the Board by rules shall establish methods by which consumers and service recipients are notified of the name, mailing address, and telephone number of the Board for the purpose of directing complaints to the Board; sec.17A(c), which specifies that the Board shall list along with its regular telephone number the toll-free telephone number that may be called to present a complaint about a health professional if the toll-free number is established under other state law; and sec.16(a), which gives Texas State Board of Pharmacy the authority to adopt rules for the proper administration and enforcement of the Act. sec.295.11. Notification to Consumers. Every pharmacist who practices pharmacy other than in a licensed pharmacy shall provide notification to consumers of the name, mailing address, telephone number of the board for the purpose of directing complaints concerning the practice of pharmacy to the board. Such notification shall be provided as follows. (1) If the pharmacist maintains an office and provides pharmacy services to patients who come to the office, the pharmacist shall either: (A) post in a prominent place that is in clear public view where pharmacy services are provided a sign furnished by the Texas State Board of Pharmacy which notifies the consumer that complaints concerning the practice of pharmacy may be filed with the board and list the mailing address, and telephone number of the board, and if applicable a toll-free telephone number for filing complaints; or (B) provide to the patient each time pharmacy services are provided a written notification in type size no smaller than 10-point Times Roman which states the following: "Complaints concerning the practice of pharmacy may be filed with the Texas State Board of Pharmacy at: (list the mailing address, telephone number of the board, and if applicable a toll-free telephone number for filing complaints)." (2) If the pharmacist provides pharmacy services to patients not at the pharmacist's office, the pharmacist shall provide to the patient each time pharmacy services are provided, a written notification in type size no smaller than 10-point Times Roman which states the following: "Complaints concerning the practice of pharmacy may be filed with the Texas State Board of Pharmacy at: (list the mailing address, telephone number of the board, and if applicable a toll-free telephone number for filing complaints)." Such notification shall be included: (A) in each written contract for pharmacist services; or (B) on each bill for service provided by the pharmacist. (3) The provisions of this section do not apply to prescriptions for patients in facilities where drugs are administered to patients by a person required to do so by the laws of the State (i.e., nursing homes). 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-9436989 Fred S. Brinkley, Jr., R.Ph., M.B.A Executive Director/Secretary Texas State Board of Pharmacy Effective date: April 1, 1994 Proposal publication date: January 4, 1994 For further information, please call: (512) 832-0661 TITLE 30. ENVIRONMENTAL QUALITY Part I. Texas Natural Resource Conservation Commission Chapter 114. Control of Air Pollution From Motor Vehicles Motor Vehicles 30 TAC sec.114.21 The Texas Natural Resource Conservation Commission (TNRCC) adopts an amendment to sec.114.21, concerning Employer Trip Reduction Program, with changes to the proposed text as published in the December 10, 1993, issue of the Texas Register (18 TexReg 9167). The amendment to sec.114.21 extends the deadline dates for employers to submit their Employer Trip Reduction (ETR) plans to September 15, 1994 for employers with 200 or more employees and to November 15, 1994 for employers with 100 to 199 employees. The deadline is extended to give employee transportation coordinators (ETCs) adequate time to survey the employees and to then prepare an approvable ETR plan once the required ETC training is accomplished. A public hearing was held January 6, 1994 in Houston. The comment period closed on January 7, 1994. There was no oral testimony given during the public hearing, however, the TNRCC has received written testimony from 24 commenters. Of these, 22 supported the amendment as written, one recommended the amendment be revised, and one opposed the amendment. Supporting the amendment were: The Transportation Management Organization of the Galleria Area Chamber of Commerce's Trip Reduction Efficiency Council (12 members responded); Brown and Root, Inc., on behalf of the Houston Area Business Coordinating Group; Houston-Galveston Area Council; West Houston Association; Houston Lighting & Power Company; Baker & Botts, L.L.P.; McDonnell Douglas; Compaq Computer Corporation; Dow Chemical Company; the City of Houston Health and Human Services Department; and the United States Environmental Protection Agency (EPA). EPA expressed no reservations that this proposed rule change would dilute or delay the implementation of the ETR program. The Harris County Pollution Control Department recommended the current implementation dates be changed to one (instead of two) date, November 15, 1994. The original plan submission dates were established to provide a phase-in period for plan submittals to preclude overloading the TNRCC staff during the review process. This concern still exists. The two dates in the amendment will continue to ensure all plans are not submitted at one time. One individual contended that the delay will make attainment by the year 2007 more difficult for the Houston ozone nonattainment area. The purpose of the amendment is to give an ETC adequate time to prepare an approvable ETR plan once the required ETC training is accomplished. With ETC training unavailable until March 1994, many employers were being put in a position of waiting until the last minute to prepare a plan, or of developing one without the expertise needed, possibly resulting in incomplete or inadequate plans. The delay of implementation dates allows time for both ETC training and initial plan development which should result in better quality plans and, ultimately, a more effective transition to attainment. This proposed rule change does not delay the final plan submission date (November 15, 1994) so there should be minimal, if any, negative impact on progress towards attainment by 2007 as a result of the ETR program. The amendment is adopted under the Texas Health and Safety Code (Vernon 1990), the Texas Clean Air Act (TCAA), sec.382.017, which provides the TNRCC with the authority to adopt rules consistent with the policy and purposes of the TCAA. sec.114.21. Employer Trip Reduction Program. (a)-(i) (No change.) (j) All affected employers within counties specified in this subsection shall be required to submit approvable Employer Trip Reduction (ETR) plans and to demonstrate compliance with the target average passenger occupancy for each worksite. (1)-(2) (No change.) (3) ETR plans must be submitted to the Texas Natural Resource Conservation Commission in accordance with the following schedule: (A) for employers with 200 or greater employees, no later than September 15, 1994; (B) for employers with 100 to 199 employees, no later than November 15, 1994. (4) (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 February 23, 1994. TRD-9437229 Mary Ruth Holder Director, Legal Division Texas Natural Resource Conservation Commission Effective date: March 29, 1994 Proposal publication date: December 10, 1993 For further information, please call: (512) 239-0600 TITLE 31. NATURAL RESOURCES AND CONSERVATION Part XVII. Texas State Soil and Water Conservation Board Chapter 523. Agricultural and Silvicultural Water Quality Management 31 TAC sec.523.5 The Texas State Soil and Water Conservation Board adopts new rule of sec.523.5, concerning memorandum of agreement between the Texas State Soil and Water Conservation Board and the Texas Natural Resource Conservation Commission, without changes to the proposed text as published in the issue of the Texas Register (18 TexReg 9169). The purpose of the new section is to provide specific details concerning a memorandum of Agreement between the Texas Natural Resources Conservation Commission and the Texas State Soil and Water Conservation Board regarding management of agricultural and silvicultural nonpoint source pollution, water quality management plan certification program, and complaints concerning agricultural and silvicultural nonpoint source pollution. The rule embodies a Memorandum of Understanding, which establishes cooperation and coordination mechanisms between Texas Natural Resources Conservation Commission and Texas State Soil and Water Conservation Board applicable to management of agricultural and silvicultural nonpoint sources of pollution in Texas. No comments were received regarding adoption of the new section. The new section is adopted pursuant to the Texas Agriculture Code, Title 7, Chapter 201, sec.502.020, which authorizes the Soil and Water Conservation Board to promulgate rules necessary to carry out the powers and duties under provision of the Texas Agriculture Code and sec.201.026, which further authorizes the Soil and Water Conservation Board to establish nonpoint source pollution abatement programs. 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 Temple, Texas, on March 8, 1994. TRD-9437273 Robert G. Buckley Executive Director Texas State Soil and Water Conservation Board Effective date: March 30, 1994 Proposal publication date: March 15, 1994 For further information, please call: (817) 773-2250 TITLE 34. PUBLIC FINANCE Part I. Comptroller of Public Accounts Chapter 9. Property Tax Administration Subchapter C. Appraisal District Administration 34 TAC sec.9.405 The Comptroller of Public Accounts adopts an amendment to sec.9.405, concerning the application form for a residence homestead property tax exemption, without changes to the proposed text as published in the December 21, 1993, issue of the Texas Register (18 TexReg 9833). The amendment is necessary because House Bill 563, 73rd Legislature, 1993, gives a mobile home owner who wishes to apply for a general residential homestead exemption another option regarding the documents showing ownership that must be filed with the application. The amendment changes the application form, adopted by reference, to reflect this additional option. No comments were received regarding adoption of the amendment. The amendment is adopted under the Tax Code, sec.11.43 and sec.11.44, which provides the comptroller with the authority to prescribe the contents of property tax exemption applications and contents of the notice of exemption requirements. The amendments implement the Tax Code, sec.11.432. 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 3, 1994. TRD-9437033 Martin E. Cherry Chief, General Law Section Comptroller of Public Accounts Effective date: March 24, 1994 Proposal publication date: December 21, 1993 For further information, please call: (512) 463-4028 Subchapter H. Tax Record Requirements 34 TAC sec.9.3004 The Comptroller of Public Accounts adopts an amendment to sec.9.3004, concerning appraisal records of all property, without changes to the proposed text as published in the December 21, 1993, issue of the Texas Register (18 TexReg 9836). The amendment is necessary because new legislation requires that additional information appear in the appraisal records. The amendment requires that the appraisal records show specific information related to manufactured homes, and whether personal property is a special inventory. No comments were received regarding adoption of the amendment. The amendment is adopted under the Tax Code, sec.5.03, which requires the comptroller to prescribe rules establishing minimum standards for the administration and operation of an appraisal district, and Tax Code, sec.5.07, which requires the comptroller to prescribe a uniform system to be used by appraisal districts. The amendments implement the Tax Code, sec.25.03 and sec.23.12A. 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 3, 1994. TRD-9437035 Martin E. Cherry Chief, General Law Section Comptroller of Public Accounts Effective date: March 24, 1994 Proposal publication date: December 21, 1993 For further information, please call: (512) 463-4028 34 TAC sec.9.3044 The Comptroller of Public Accounts adopts an amendment to sec.9.3044, concerning the designation of an agent for property tax matters, without changes to the proposed text as published in the December 21, 1993, issue of the Texas Register (18 TexReg 9836). The amendment is necessary because House Bill 2716, 73rd Legislature, 1993, requires that language advising a taxpayer to contact the appraisal district for free information or forms be added to a comptroller form for the appointment of an agent for a single family residence. The amendments adopt a model application form for designation of an agent for a single family residence. One comment was received from Gregg Appraisal District that suggested that the new form be combined with the current form for the adoption of an agent. The comptroller disagreed because the law requires separate forms. The amendment is adopted under the Tax Code, sec.1.111, which requires the comptroller to adopt forms and rules to facilitate compliance with the law. The section implements the Tax Code, sec.1.111. 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 3, 1994. TRD-9437034 Martin E. Cherry Chief, General Law Section Comptroller of Public Accounts Effective date: March 24, 1994 Proposal publication date: December 21, 1993 For further information, please call: (512) 463-4028 TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part III. Texas Youth Commission Chapter 81. Administrative Provisions General 37 TAC sec.81.15 The Texas Youth Commission (TYC) proposes new sec.81.15, concerning policy references to institutions/Evins Regional Juvenile Center, without changes to the proposed text as published in the February 1, 1994, issue of the Texas Register (19 TexReg 709). The new rule will clarify that Evins Regional Juvenile Center is considered an institution for purposes of agency policy. No comments were received regarding adoption of the new section. 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 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 7, 1994. TRD-9437214 Steve Robinson Executive Director Texas Youth Commission Effective date: March 29, 1994 Proposal publication date: February 1, 1994 For further information, please call: (512) 483-5244 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. Texas Department of Human Services Chapter 90. Nursing Facilities and Related Institutions Subchapter C. Standards for Licensure 40 TAC sec.90.42 The Texas Department of Human Services (DHS) adopts an amendment to sec.90.42, concerning standards for facilities serving persons with mental retardation or related conditions, in its Nursing Facilities and Related Institutions rule chapter. The amendment is adopted without changes to the proposed text as published in the January 28, 1994, issue of the Texas Register (19 TexReg 585). The justification for the amendment is to comply with the Health and Safety Code, Title 4, Chapter 250, which bars persons from employment in most facilities and agencies providing care to the aged and persons with disabilities if those persons have been convicted of certain crimes. Effective September 1, 1993, DHS assumed responsibility for conducting background checks on persons who would be employed in activities requiring direct contact with consumers of the facility. The amendment will function by providing an effective means of screening potential employees of facilities serving the aged and persons with disabilities to ensure they are barred from employment because of certain criminal offenses. No comments were received regarding adoption of the amendment. The amendment is adopted under the Health and Safety Code, Chapter 242 which provides the department with the authority to license long-term care nursing facilities; under Texas Civil Statutes, Article 4413 (502), which transferred all functions, programs, and activities related to long-term care licensing, certification, and surveys from the Texas Department of Health to the Texas Department of Human Services; and the Health and Safety Code, Title 4, Chapter 250, which requires the department to perform criminal history checks on persons employed by certain types of facilities. The amendment implements the Health and Safety Code, Title 4, Chapter 250. 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 8, 1994. TRD-9437220 Nancy Murphy Section Manager, Policy and Document Support Texas Department of Human Services Effective date: April 1, 1994 Proposal publication date: January 28, 1994 For further information, please call: (512) 450-3765 TITLE 43. TRANSPORTATION Part I. Texas Department of Transportation Chapter 25. Traffic Operations General 43 TAC sec.25.1 The Texas Department of Transportation adopts an amendment to sec.25.1, without changes to the proposed text as published in the January 14, 1994, issue of the Texas Register (19 TexReg 263). The Texas Manual on Uniform Traffic Control Devices (Texas MUTCD) is amended periodically to maintain substantial conformance with the National MUTCD to allow use of a single manual for both State Funded and Federal-aid highway projects. This amendment incorporates the latest Federal requirements of the National MUTCD into the Texas MUTCD. A public hearing was held on January 25, 1994. No oral or written public comments were received. The amendment is adopted under Texas Civil Statutes, Articles 6666 and 6701d, which provide the Texas Transportation Commission with the authority to promulgate rules for the conduct of the work of the Texas Department of Transportation, and specifically for the authority to adopt a manual and specifications for a uniform system of traffic control devices for use upon highways within 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 8, 1994. TRD-9437251 Diane L. Northam Legal Executive Assistant Texas Department of Transportation Effective date: March 30, 1994 Proposal publication date: January 14, 1994 For further information, please call: (512) 463-8630