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 V. General Services Commission Chapter 113. Central Purchasing Division Purchasing 1 TAC sec.113.2, sec.113.20 The General Services Commission adopts an amendment to sec.113.2, concerning definitions, and new sec.113.20, concerning group purchasing programs. The amendments are adopted with changes to the proposed text as published in the March 4, 1994, issue of the Texas Register (19 TexReg 1509). New sec.113.20 allows institutions of higher education to purchase through group purchasing programs that offer discount prices. The section also establishes procedures to be followed so that the commission may determine compliance with state laws and commission rules regarding purchasing with historically underutilized businesses (HUBs). In sec.113.2, the definition of group purchasing programs was amended to specify that the program offers discount prices to two or more institutions of higher education. In sec.113. 20(a), the word "of" was deleted from "purchase of materials. In sec.113.20(c), the phrase "institution may utilize" was changed to "institution shall utilize. " In sec.113.20(c) changes were made to explain the purchasing procedure if an institution does not receive, within 10 working days, notification from the commission of the availability of the item at a lower price. The amendment to rule sec.113.2 defines the term "group purchasing program". New sec.113.20 allows institutions of higher education to purchase through group purchasing programs that offer discount prices. It also establishes procedures to be followed so that the commission may determine compliance with state laws and commission rules regarding purchasing with historically underutilized businesses (HUBs). Two written comments were received. Both comments addressed basically the same issues: to specify that the definition of group purchasing programs included two or more institutions of higher education; and to expand the phrase "a particular purchase" in sec.113.20(b); and to explain, in sec.113.20(c) , the purchasing procedure if the institution does not receive, within ten working days, notification from the commission of the availability of the item at a lower price. The University of Texas at Austin and Texas Tech University Health Sciences Center commented against adoption of the rule. The agency agrees to amend the definition of group purchasing programs to specify that the purchasing program includes two or more institutions of higher education. The commission disagrees that there is a need to change "particular purchase" to "initial purchase". The agency agrees with the comment requesting authorization to proceed with a purchase if the commission has not given notice of its determination within ten days. Section 113.20(c) has been modified accordingly. The amendments are adopted under Texas Civil statutes, Article 601b, sec.3. 061, which provide the General Services Commission with the authority to promulgate rules necessary to accomplish the purposes of the sections. sec.113.2. Definitions. The following words and terms, when used in this title, shall have the following meanings, unless the context clearly indicates otherwise. Group purchasing program-A purchasing program that offers discount prices to two or more institutions of higher education. sec.113.20. Group Purchasing Programs. (a) An institution of higher education, as defined by Education Code, sec.61.003, may purchase materials, supplies or equipment through group purchasing programs in accordance with this section. (b) Before making a particular purchase through a group purchasing program, a requesting institution must notify the commission in writing that the purchase is being considered. The notification must be signed by the chief purchasing officer for the institution. The notification must include a complete description of the purchase, the vendor's name, quantity and price information, the terms and conditions of the contract, and any other information required by the commission. (c) If the commission determines that a lower price is available through the commission, it will so inform the requesting institution within ten working days after receipt of the notification. Upon receipt of information that a lower price is available, the institution shall utilize established purchasing procedures for the purchase. If the institution does not receive such notification within ten working days, it may proceed with the purchase. (d) An institution that participates in a group purchasing program must maintain, and compile monthly, information relating to the institution's use, and the use by each operating division of the institution, of historically underutilized businesses, including information regarding subcontractors and suppliers. Institutions shall require a contractor or supplier to whom the institution has awarded a contract to report to the institution the identity and the amount paid to each historically underutilized business to whom the contractor or supplier has awarded a subcontract for the purchase of supplies, materials or equipment. (e) An institution that participates in group purchasing programs must submit a report to the commission, not later than March 15 of each year regarding the previous six-month period and September 15 of each year regarding the preceding fiscal year, of purchases from historically underutilized businesses that are made through the group purchasing programs. (f) An institution participating in group purchasing programs shall adhere to the same ethical standards required of commission employees as set forth in sec.111.4 of this title (relating to Ethical Standards). 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 April 26, 1994. TRD-9439831 Judith M. Porras General Counsel General Services Commission Effective date: May 17, 1994 Proposal publication date: March 4, 1994 For further information, please call: (512) 463-3583 Chapter 121. Telecommunications Services Division 1 TAC sec.121.5, sec.121.9 The General Service Commission adopts amendments to sec.121.5 and sec.121.9, concerning retention of telephone records. Section 121.5 is adopted with changes to the proposed text as published in the March 4, 1994, issue of the Texas Register (19 TexReg 1510). Section 121.9 is adopted without changes to the proposed text and will not be republished. The amendments are necessary to clarify telephone records retention and to allow for reduced costs to agencies for maintaining voluminous records. The change to sec.121.5(c)(1) deletes the sentence: "Agencies should destroy the copy of call detail records provided periodically for billing purposes after the agency has verified and paid its bill." In accordance with sec.121.5(c)(1), the General Services Commission will retain long-distance telephone call detail for all TEX-AN-using agencies for a period of four years. The commission will provide each using agency its bill summary of centralized capitol complex telephone service without call detail records. Since local call detail is not needed for billing purposes, the commission does not maintain such records. Two written comments concerning sec.121.5 were received from individuals. One comment expressed concern that the proposed rule directed agencies not to retain duplicate long-distance records and questioned the commission's power to authorize destruction of records by the agencies. One comment stated that the commission's commitment to retain TEX-AN long-distance call detail records for four years will serve to reduce records retention costs incurred by agencies. Alternative language was suggested addressing the retention of long distance call detail records by the agencies. No groups or associations made comments for or against the rules. The commission agrees with the comments that it should not direct other agencies' records retention or destruction, and has modified the sec.121.5 accordingly. The sections are adopted pursuant to Texas Civil Statutes, Article 601b, which provide the General Services Commission with all the authority to promulgate rules necessary to accomplish the purpose of this Article. sec.121.5. TEX-AN Billing Process. (a)-(b) (No change.) (c) The Telecommunications Services Division will accumulate all charges for TEX-AN service and bill the using agencies on a monthly or other regular basis. The bill will include the following: (1) charges for long-distance services based on a proration by each using agency of total network costs to provide each service. Prorations shall be based on the total usage of each service in minutes and the costs for circuits needed to access the services. An agency may install at its own expense automatic numbering equipment or similar function equipment to obtain amplified data for internal distribution of TEX-AN call usage for select locations. In any case, the actual billing for TEX-AN long-distance service by the commission and payment will be on the basis of usage and other costs which may be attributed to the provision of each service. Measures shall also be taken to assure that all costs associated with providing service to nonstate entities are recovered from each nonstate entity through the monthly billing system. All long-distance call detail records are maintained by the commission for all TEX-AN-using agencies for a period of four years. (2)-(5) (No change.) (d)-(e) (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 April 26, 1994. TRD-9439830 Judith Monaco Porras General Counsel General Services Commission Effective date: May 17, 1994 Proposal publication date: March 4, 1994 For further information, please call: (512) 463-3583 TITLE 16. ECONOMIC REGULATION Part IV. Texas Department of Licensing and Regulation Chapter 69. Manufactured Housing General Requirements 16 TAC sec.69.123 The Texas Department of Licensing and Regulation adopts an amendment to sec.69.123 concerning the selling of manufactured homes without changes to the text as published in the January 14, 1994, issue of the Texas Register (19 TexReg 256). The amendment clarifies advertising restrictions. The department received 43 comments, 33 in favor and ten opposed. The main opposition concerned the prohibition of words such as "factory direct," "factory outlet," "buy direct from factory," etc. Some commentors claimed that these words were contained in their corporate name. Others raised First Amendment issues or issues involving possible conflict with Article 9100, sec.14(c)(4), which prohibits the Commission from adopting a rule concerning advertising which restricts the use of a trade name. The department feels the rule as proposed does not violate Article 9100 or First Amendment issues and will reduce misleading advertising. The amendment is adopted under Texas Civil Statutes, Article 5221f, which provide the Texas Department of Licensing and Regulation with the authority to promulgate and enforce a code of rules and take all action necessary to assure compliance with the intent 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 April 26, 1994. TRD-9439806 Jack W. Garison Executive Director Texas Department of Licensing and Regulation Effective date: July 1, 1994 Proposal publication date: January 14, 1994 For further information, please call: (512) 463-7357 Chapter 78. Talent Agencies 16 TAC sec.78.75 The Texas Department of Licensing and Regulation adopts the repeal of sec.78.75 in order to adopt a new sec.78.75, concerning talent agencies. The current sec.78.75 lists responsibilities of the registrant for a registration statement, and this subject is now covered in sec.78.74. The section numbers were confused when adopted in the February 15, 1994, issue of the Texas Register (19 TexReg 1102). No comments were received regarding adoption of the repeal. The repeal is adopted under Texas Civil Statutes, Article 5221a-9, which authorize the department to register and regulate talent agencies. 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 April 26, 1994. TRD-9439805 Jack W. Garison Executive Director Texas Department of Licensing and Regulation Effective date: May 17, 1994 Proposal publication date: March 22, 1994 For further information, please call: (512) 463-7357 The Texas Department of Licensing and Regulation adopts new sec.78.75, concerning talent agencies, without changes to the proposed text as published in the March 22, 1994, issue of the Texas Register (19 TexReg 2047). The section concerns acts prohibited to the registrant and will provide protection for consumers. No comments were received regarding adoption of the new section. The new section is adopted under Texas Civil Statutes, Article 5221a-9, which authorize the department to register and regulate talent agencies. 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 April 26, 1994. TRD-9439807 Jack W. Garison Executive Director Texas Department of Licensing and Regulation Effective date: May 17, 1994 Proposal publication date: March 22, 1994 For further information, please call: (512) 463-7357 TITLE 22. EXAMINING BOARDS Part VI. State Board of Registration for Professional Engineers Chapter 131. Practice and Procedure Application for Registration 22 TAC sec.131.54 The State Board of Registration for Professional Engineers adopts an amendment to sec.131.54, concerning general application information, without changes to the proposed text as published in the March 18, 1994, issue of the Texas Register (19 TexReg 1887). The section provides clearer and more manageable provisions relative to the submission of applications for registration. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 3271a, sec.8(a), which provide the board with the authority to make and enforce all rules and regulations necessary for the performance of its duties. 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 April 26, 1994. TRD-9439801 Charles E. Nemir, P.E. Executive Director Texas State Board of Registration for Professional Engineers Effective date: May 17, 1994 Proposal publication date: March 18, 1994 For further information, please call: (512) 440-7723 Education 22 TAC sec.131.92 The Texas State Board of Registration for Professional Engineers adopts an amendment to sec.131.92, concerning foreign degrees, without changes to the proposed text as published in the March 4, 1994, issue of the Texas Register (19 TexReg 1533). The section establishes a more sound basis for evaluating educational qualifications for professional registration. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 3271a, sec.8(a), which provide the board with the authority to make and enforce all rules and regulations necessary for the performance of its duties. 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 April 26, 1994. TRD-9439802 Charles E. Nemir, P.E. Executive Director Texas State Board of Registration for Professional Engineers Effective date: May 17, 1994 Proposal publication date: March 4, 1994 For further information, please call: (512) 440-7723 Examinations 22 TAC sec.131.101 The Texas State Board of Registration for Professional Engineers adopts an amendment to sec.131.101, concerning engineering examinations required for registration as a professional engineer, without changes to the proposed text as published in the March 18, 1994, issue of the Texas Register (19 TexReg 1887). The section clarifies the engineering examinations required for registration as a professional engineer in Texas and the scheduling process for the principles and practice of engineering examination. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 3271a, sec.8(a), which provide the board with the authority to make and enforce all rules and regulations necessary for the performance of its duties. 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 April 26, 1994. TRD-9439803 Charles E. Nemir, P.E. Executive Director Texas State Board of Registration for Professional Engineers Effective date: May 17, 1994 Proposal publication date: March 18, 1994 For further information, please call: (512) 440-7723 22 TAC sec.131.106 The Texas State Board of Registration for Professional Engineers adopts new sec.131.106, concerning examination irregularities, with changes to the proposed text as published in the March 18, 1994, issue of the Texas Register (19 TexReg 1888). The section establishes the procedures and consequences the board will exercise when an examination has been compromised as a means of protecting the integrity of the examinations. No comments were received regarding adoption of the amendment. The new section is adopted under Texas Civil Statutes, Article 3271a, sec.8(a), which provide the board with the authority to make and enforce all rules and regulations necessary for the performance of its duties. sec.131.106. Examination Irregularities. (a) Cheating on examinations will not be tolerated. Examination proctors who conclusively observe that an examinee is giving or receiving assistance, compromising the integrity of the examination, or participating in any other form of cheating during an examination shall require the examinee to surrender all examination materials. The examinee involved shall leave the room and shall not be permitted to return. Evidence of cheating found after the examination shall also be a cause for action. The executive director shall be informed of such instances of suspected cheating at the earliest possible opportunity and will determine appropriate action. The results of all examinations where the executive director has determined that cheating has occurred will be disallowed. (b) If the executive director determines that an examinee has cheated, the examinee will be barred from taking any examination in Texas for a period of two years. Any application for registration pending or approved for examination will be automatically proposed for rejection and will be evaluated or re-evaluated on that basis. Any examination taken and passed in another state during the two- year period will not be acceptable for registration purposes in Texas. Any subsequent examinations administered to the examinee will be given at the site and time determined by the executive director. (c) A registered professional engineer suspected of cheating shall be charged with violating sec.131.156(a)(2) of this title (relating to Responsibility to the Engineering Profession) and will be subject to the associated processes and penalties. 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 April 26, 1994. TRD-9439804 Charles E. Nemir, P.E. Executive Director Texas State Board of Registration for Professional Engineers Effective date: May 17, 1994 Proposal publication date: March 18, 1994 For further information, please call: (512) 440-7723 Part IX. Texas State Board of Medical Examiners Chapter 163. Licensure 22 TAC sec.sec.163.6, 163.7 The Texas State Board of Medical Examiners adopts amendments to sec.163.6 and sec.163.7, without changes to the proposed text as published in the March 15, 1994, issue of the Texas Register (19 TexReg 1734). The amendments will create an orderly step-by-step system to phase-in the maximum number of failures allowed for licensure by examination as required under the new Medical Practice Act. The section will function by clarifying the rules regarding the maximum number of failures allowed for physicians. No comments were received regarding adoption of the rules. The amendments are adopted under Texas Civil Statutes, Article 4495b, which provide the Texas State Board of Medical Examiners with the authority to make rules, regulations and bylaws not inconsistent with this act as may be necessary for the governing of its own proceedings, the performance of its duties, the regulation of the practice of medicine in this state, and the enforcement 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 April 25, 1994. TRD-9439743 Bruce A. Levy, M.D., J.D. Executive Director Texas State Board of Medical Examiners Effective date: May 16, 1994 Proposal publication date: March 15, 1994 For further information, please call: (512) 834-7728, Ext. 402 Chapter 175. Schedule of Fees and Penalties 22 TAC sec.175.1 The Texas State Board of Medical Examiners adopts an amendment to sec.175. 1, without changes to the proposed text as published in the February 4, 1994, issue of the Texas Register (19 TexReg 757). The amendment specifies fees for the repeat of the United States Medical Licensing Examination and deletes fees for the Federation Licensing Examination, which is no longer in existence. The section will function through the collection of fees. No comments were received regarding adoption of the rule. The amendment is adopted under Texas Civil Statutes, Article 4495b, which provide the Texas State Board of Medical Examiners with the authority to make rules, regulations and bylaws not inconsistent with this act as may be necessary for the governing of its own proceedings, the performance of its duties, the regulation of the practice of medicine in this state, and the enforcement 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 April 25, 1994. TRD-9439744 Bruce A. Levy, M.D., J.D. Executive Director Texas State Board of Medical Examiners Effective date: May 16, 1994 Proposal publication date: February 4, 1994 For further information, please call: (512) 834-7728, Ext. 402 Chapter 183. Acupuncturists 22 TAC sec.sec.183.1-183.4, 183.6-183.12 The Texas State Board of Medical Examiners adopts the repeal of sec.sec.183. 1-183.4 and 183.6-183.12, without changes to the proposed text as published in the March 15, 1994, issue of the Texas Register (19 TexReg 1735). The repeals were necessary as a result of extensive revision required to comply with Senate Bill 1062, 73rd Legislature. The sections will function by omission. No comments were received regarding adoption of the repeals. The repeals are adopted under Texas Civil Statutes, Article 4495b, which provide the Texas State Board of Medical Examiners with the authority to make rules, regulations and bylaws not inconsistent with this act as may be necessary for the governing of its own proceedings, the performance of its duties, the regulation of the practice of medicine in this state, and the enforcement 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 April 25, 1994. TRD-9439752 Bruce A. Levy, M.D., J.D. Executive Director Texas State Board of Medical Examiners Effective date: May 16, 1994 Proposal publication date: March 15, 1994 For further information, please call: (512) 834-7728, Ext. 402 Chapter 183. Acupuncture 22 TAC sec.sec.183.1-183.16 The Texas State Board of Medical Examiners adopts new sec. sec.183.1-183.16, concerning Acupuncture. Section 183.5 is adopted with changes to the proposed text as published in the March 15, 1994, issue of the Texas Register (19 TexReg 1736). Sections 183.1-183.4 and 183.6-183.16 are adopted without changes and will not be republished. The new rules are promulgated pursuant to Senate Bill 1062, 73rd Legislature. The sections will function by establishing procedures and standards for the training, education, licensing, and discipline of persons performing acupuncture in this state. Comments were received from several individuals regarding the definition of acceptable acupuncture schools. The board made no changes as a result of the comments, but the comments will be researched and considered for future amendments to the section related to definitions. The new sections are adopted under Texas Civil Statutes, Article 4495b, which provide the Texas State Board of Medical Examiners with the authority to make rules, regulations and bylaws not inconsistent with this act as may be necessary for the governing of its own proceedings, the performance of its duties, the regulation of the practice of medicine in this state, and the enforcement of this act. sec.183.5. Annual Renewal of License. (a) Acupuncturists licensed under the Act shall register annually and pay a fee. An acupuncturist may renew an unexpired license by submitting the required form and by paying the required renewal fee to the acupuncture board on or before November 30 of each year. The fee shall accompany a written application which legibly sets forth the licensee's name, mailing address, the place or places where the licensee is engaged in the practice of acupuncture, and other necessary information prescribed by the acupuncture board. (b) Falsification of an affidavit or submission of false information to obtain renewal of a license shall subject an acupuncturist to denial of a license renewal or to discipline pursuant to the Act, sec.6.11. (c) If the renewal fee and completed application form are not received on or before November 30 of each year, the following penalties will be imposed: (1) 1-90 days late-$50 plus the required annual registration fee; (2) 90 days to one year late-$100 plus the required annual registration fee; (3) over one year late-license will automatically be canceled. 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 April 25, 1994. TRD-9439753 Bruce A. Levy, M.D., J.D. Executive Director Texas State Board of Medical Examiners Effective date: May 16, 1994 Proposal publication date: March 15, 1994 For further information, please call: (512) 834-7728, Ext. 402 Chapter 187. Procedure Subchapter B. Prehearing 22 TAC sec.187.19, sec.187.24 The Texas State Board of Medical Examiners adopts the repeal of sec.187.19 and sec.187.24, without changes to the proposed text as published in the February 4, 1994, issue of the Texas Register (19 TexReg 757). Extensive rewrite of the sections was necessary; therefore, they have been repealed. The repeals will function by deleting outdated rules. No comments were received regarding adoption of the repeals. The repeals are adopted under Texas Civil Statutes, Article 4495b, which provide the Texas State Board of Medical Examiners with the authority to make rules, regulations and bylaws not inconsistent with this act as may be necessary for the governing of its own proceedings, the performance of its duties, the regulation of the practice of medicine in this state, and the enforcement 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 April 25, 1994. TRD-9439745 Bruce A. Levy, M.D., J.D. Executive Director Texas State Board of Medical Examiners Effective date: May 16, 1994 Proposal publication date: February 4, 1994 For further information, please call: (512) 834-7728, Ext. 402 The Texas State Board of Medical Examiners adopts new sec.187.19 and sec.187.24, without changes to the proposed text as published in the February 4, 1994, issue of the Texas Register (19 TexReg 758). The new sections will streamline the administrative process. The new sections will function by establishing orderly procedures for the conducting of informal settlement conferences and show-compliance proceedings. No comments were received regarding adoption of the rules. The new sections are adopted under Texas Civil Statutes, Article 4495b, which provide the Texas State Board of Medical Examiners with the authority to make rules, regulations and bylaws not inconsistent with this act as may be necessary for the governing of its own proceedings, the performance of its duties, the regulation of the practice of medicine in this state, and the enforcement 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 April 25, 1994. TRD-9439746 Bruce A. Levy, M.D., J.D. Executive Director Texas State Board of Medical Examiners Effective date: May 16, 1994 Proposal publication date: February 4, 1994 For further information, please call: (512) 834-7728, Ext. 402 Subchapter D. Posthearing 22 TAC sec.187.38 The Texas State Board of Medical Examiners adopts new sec.187.38, without changes to the proposed text as published in the March 15, 1994, issue of the Texas Register (19 TexReg 1763). The new section will help streamline the administrative process related to modification/termination of agreed orders and disciplinary orders. The new section will function by clarifying the procedure and framework for analysis in regard to the propriety of modifying or terminating agreed orders and other disciplinary orders imposed by the board. One comment related to reinstatements being treated as contested cases was received from an attorney, and suggesting a clarification to confirm a distinction between reinstatement requests and modification or termination requests. The agency disagreed with the comment, which did not affect the proposed rule, and no changes were made as a result of the comment. The new section is adopted under Texas Civil Statutes, Article 4495b, which provide the Texas State Board of Medical Examiners with the authority to make rules, regulations and bylaws not inconsistent with this act as may be necessary for the governing of its own proceedings, the performance of its duties, the regulation of the practice of medicine in this state, and the enforcement 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 April 25, 1994. TRD-9439747 Bruce A. Levy, M.D., J.D. Executive Director Texas State Board of Medical Examiners Effective date: May 17, 1994 Proposal publication date: March 15, 1994 For further information, please call: (512) 834-7728, Ext. 402 Subchapter D. Posthearing 22 TAC sec.187.39 The Texas State Board of Medical Examiners adopts new sec.187.39, without changes to the proposed text as published in the March 15, 1994, issue of the Texas Register (19 TexReg 1763). The new section is adopted in order to establish guidelines and procedures consistent with the Medical Practice Act, sec.4.125 and sec.4.02(h). The new section will function through the imposition of administrative penalties through agreed dispositions and in contested disciplinary actions. No comments were received regarding adoption of the rule. The new section is adopted under Texas Civil Statutes, Article 4495b, which provide the Texas State Board of Medical Examiners with the authority to make rules, regulations and bylaws not inconsistent with this act as may be necessary for the governing of its own proceedings, the performance of its duties, the regulation of the practice of medicine in this state, and the enforcement 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 April 25, 1994. TRD-9439748 Bruce A. Levy, M.D., J.D. Executive Director Texas State Board of Medical Examiners Effective date: May 16, 1994 Proposal publication date: March 15, 1994 For further information, please call: (512) 834-7728, Ext. 402 Chapter 198. Unlicensed Practice 22 TAC sec.198.1 The Texas State Board of Medical Examiners adopts new sec.198.1, without changes to the proposed text as published in the February 4, 1994, issue of the Texas Register (19 TexReg 760). The new section will assist the board in handling complaints regarding unlicensed practice of medicine in a more efficient and expeditious manner. The new section formalizes the procedure for handling complaints made to the board regarding the unlicensed practice of medicine or the performance of any medical procedure without the required permit, registration, or license. No comments were received regarding adoption of the rule. The new section is adopted under Texas Civil Statutes, Article 4495b, which provide the Texas State Board of Medical Examiners with the authority to make rules, regulations and bylaws not inconsistent with this act as may be necessary for the governing of its own proceedings, the performance of its duties, the regulation of the practice of medicine in this state, and the enforcement 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 April 25, 1994. TRD-9439749 Bruce A. Levy, M.D., J.D. Executive Director Texas State Board of Medical Examiners Effective date: May 16, 1994 Proposal publication date: February 4, 1994 For further information, please call: (512) 834-7728, Ext. 402 Chapter 199. Public Information 22 TAC sec.sec.199.1-199.3 The Texas State Board of Medical Examiners adopts new sec. sec.199.1-199.3, without changes to the proposed text as published in the February 4, 1994, issue of the Texas Register (19 TexReg 761). The new sections explain the duties of the Public Information Committee and outline the rules regarding requests to speak at board meetings and requests for written information. The new sections better inform the public of opportunities to speak at board meetings and to request information from the board, as well as to better identify the functions of the Public Information Committee. No comments were received regarding adoption of the rules. The new sections are adopted under Texas Civil Statutes, Article 4495b, which provide the Texas State Board of Medical Examiners with the authority to make rules, regulations and bylaws not inconsistent with this act as may be necessary for the governing of its own proceedings, the performance of its duties, the regulation of the practice of medicine in this state, and the enforcement 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 April 25, 1994. TRD-9439750 Bruce A. Levy, M.D., J.D. Executive Director Texas State Board of Medical Examiners Effective date: May 16, 1994 Proposal publication date: February 4, 1994 For further information, please call: (512) 834-7728, Ext. 402 TITLE 25. HEALTH SERVICES Part I. Texas Department of Health Chapter 1. Texas Board of Health 25 TAC sec.1.201 The Texas Department of Health (department) adopts new sec.1.201, concerning investigations of abuse, neglect, or exploitation, with changes to the proposed text as published in the November 26, 1993, issue of the Texas Register (18 TexReg 8754). Section 1.201 concerns investigations of reports of abuse, neglect, or exploitation of children or elderly or disabled persons. The section is adopted pursuant to the Family Code, Chapter 34, relating to abuse or neglect of a child and the Human Resources Code, Chapter 48, relating to the abuse, exploitation, or neglect of an elderly or disabled person. In accordance with these laws, the department is required to investigate reports relating to abuse, neglect or exploitation in a facility operated, licensed, certified or registered by the department. Such facilities include the state chest hospitals, the department-operated public health clinics and the facilities licensed by the Health Facility Licensure and Certification Division. No comments were received regarding the proposed new section. Changes to the proposed section were made based on staff comments. Concerning subsection (k), staff asked for clarification of the language on release of the records. The language has been revised to state that records may be released to governmental agencies or in civil or criminal litigation as otherwise allowed by law or judicial rule. Staff also asked whether the section expresses all of the procedures and responsibilities placed on the department by the Family Code, Chapter 34 or the Human Resources Code, Chapter 48. The department's response is that the rule does not restate all requirements in each law. Subsection (m) has been added to state that this section is in addition to requirements in the laws. The new section is adopted under the Health and Safety Code, sec.12.001, which provides the Board of Health with authority to adopt rules for the performance of every duty imposed by law on the Texas Board of Health, the Texas Department of Health and the Commissioner of Health; the Family Code, sec.34.22, requiring rules relating to the abuse or neglect of a child; and the Human Resources Code, sec.48.037 requiring rules relating to the abuse, exploitation, or neglect of an elderly or disabled person. This section implements the Family Code, Chapter 34 and the Human Resources Code, Chapter 48. sec.1.201. Investigations of abuse, neglect, or exploitation. (a) This section addresses investigations of reports received by the Texas Department of Health (department) relating to a facility operated, licensed, certified, or registered by the department concerning: (1) the abuse, exploitation, or neglect of an elderly or disabled person under the Human Resources Code, Chapter 48; or (2) the abuse or neglect of a child under the Family Code, Chapter 34. (b) The department shall promptly notify the Department of Protective and Regulatory Services (DPRS) of: (1) each complaint and investigative report it receives relating to abuse, neglect, or exploitation in a facility operated by the department; and (2) each complaint relating to an investigation conducted by the department. (c) The department will only investigate complaints when: (1) the act is reported to have occurred in such a facility and the victim was a patient or resident of the facility; (2) the act is reported to have occurred in such a facility and the perpetrator was an employee, contractor, volunteer, or otherwise affiliated with the facility; (3) the facility was responsible for the supervision of the patient or resident (the victim) at the same time the act occurred; or (4) the facility was responsible for the supervision of the perpetrator at the time the act occurred. (d) Other complaints of abuse, neglect, or exploitation will be referred to the DPRS for appropriate investigation or action. (e) The department shall make a thorough investigation promptly after receiving a complaint report. (1) The primary purpose shall be the protection of the child or elderly or disabled person. (2) The terminology and definitions used by the DPRS relating to abuse, neglect, or exploitation investigations shall also be used by the department. (f) The department need not investigate a report which it determines is frivolous, not within the scope of this section, or clearly does not involve abuse, neglect or exploitation. (g) An investigation shall include: (1) an interview with the alleged victim; (2) a visit to the place of residence of the elderly or disabled person or child unless the visit is not required under applicable law or necessary to the investigation; (3) an interview with the alleged perpetrator unless the investigator has already determined that there was no abuse, neglect or exploitation or the risk of the same does not exist; and (4) consultation with persons thought to have knowledge of the circumstances. (h) An investigation shall address the issues set forth in: (1) the Human Resources Code, sec.48.038(a), relating to elderly or disabled persons; or (2) the Family Code, sec.34.05(b), relating to children. (i) If the investigation concludes that no abuse, neglect, or exploitation has occurred or is likely to occur, no further investigation will be undertaken. (j) If the department determines that the child or elderly or disabled person should be removed from the facility in order to protect the person from further abuse, neglect, or exploitation, the department shall promptly inform the DPRS. (k) If the investigation reveals abuse, neglect or exploitation, the written report of the investigation by the department, along with the department's recommendations and related documents, shall be submitted to the appropriate district or county attorney or law enforcement agency, as well as to the DPRS. The investigative report and related documents may be released to governmental agencies or in civil or criminal litigation as otherwise allowed by law or judicial rule. The investigative report and related documents may not be released to the public. (l) The department has adopted by reference a memorandum of understanding in sec.3.21 of this title (relating to Memorandum of Understanding with Department of Protective and Regulatory Services concerning Elderly Abuse). (m) The requirements in this section are in addition to any other requirements applicable to department investigations contained in the Family Code, Chapter 34 or the Human Resources Code, Chapter 48. 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 April 25, 1994. TRD-9439782 Susan K. Steeg General Counsel Texas Department of Health Effective date: May 17, 1994 Proposal publication date: November 26, 1993 For further information, please call: (512) 458-7236 Chapter 3. Memorandums of Understanding With Other State Agencies 25 TAC sec.3.21 The Texas Department of Health (department) adopts new sec.3.21, concerning Memorandum of Understanding, without changes to the proposed text as published in the November 26, 1993, issue of the Texas Register (18 TexReg 8755). Section 3.21 concerns a memorandum of understanding (MOU) between the department and the Texas Department of Protective and Regulatory Services adopted pursuant to the Human Resources Code, Chapter 48. The MOU concerns the responsibilities and procedures of each agency regarding investigations of reports of abuse, exploitation, and neglect of the elderly or disabled occurring in facilities operated, licensed, certified or registered by the department. No comments were received regarding adoption of the new section. The new section is adopted under the Human Resources Code, sec.48.022, which requires the Texas Department of Protective and Regulatory Services and the Texas Department of Health to enter into a memorandum of understanding to delegate responsibilities and procedures of each agency regarding investigations of reports of abuse, exploitation, and neglect occurring in certain facilities; and the Health and Safety Code, sec.12.001, which provides the Board of Health with authority to adopt rules for the performance of every duty imposed by law on the Texas Board of Health, the Texas Department of Health and the Commissioner of Health. The section implements the Human Resources Code, Chapter 48. 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 April 25, 1994. TRD-9439783 Susan K. Steeg General Counsel Texas Department of Health Effective date: May 17, 1994 Proposal publication date: November 26, 1993 For further information, please call: (512) 458-7236 Chapter 37. Maternal and Child Health The Texas Department of Health (department) adopted amendments to sec.sec.37. 52, 37.53, 37.56-37.59, 37.61-37.64, 37.66 and 37.67, and the repeal of sec.37. 68 without changes to the proposed text as published in the February 8, 1994 issue of the Texas Register (19 TexReg 869) and will not be republished. The amendments will clarify definitions, screening procedures, collection procedures, and recordkeeping procedures currently used in the program. The amendments to sec.sec.37.61-37.63 will require patients to obtain metabolic formula from routine sources of medical prescription items such as pharmacies and metabolic treatment centers rather than from the department. Obtaining formula items from normal prescription sources will assist to insure that payment for the formula product will be made from appropriate sources such as insurance companies, Medicaid or the Chronically Ill and Disabled Childrens Services Program. Problem cases or extraordinary situations will be handled on a case by case basis by the newborn screening staff. No comments were received regarding the proposed sections. Newborn Screening Program 25 TAC sec.sec.37.52, 37.53, 37.56-37.59, 37.61-37.64, 37.66, 37. 67 The amendments are adopted under Chapter 33, Subchapter C, of the Health and Safety Code, which provides the board with the authority to adopt rules for the Newborn Screening Program. These sections affect Chapter 33 of the Health and Safety Code. 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 April 25, 1994. TRD-9439757 Susan K. Steeg General Counsel Texas Department of Health Effective date: May 16, 1994 Proposal publication date: February 8, 1994 For further information, please call: (512) 458-7700 25 TAC sec.37.68 The repeal is adopted under Chapter 33, Subchapter C, of the Health and Safety Code, which provides the board with the authority to adopt rules for the Newborn Screening Program. These sections affect Chapter 33 of the Health and Safety Code. The repeal affects Chapter 33 of the Health and Safety Code. 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 April 25, 1994. TRD-9439756 Susan K. Steeg General Counsel Texas Department of Health Effective date: May 16, 1994 Proposal publication date: February 8, 1994 For further information, please call: (512) 458-7700 Chapter 97. Communicable Diseases Tuberculosis Screening for Jails and Other Correctional Facilities 25 TAC sec.sec.97.171-97.180, 97.190 The Texas Department of Health (the department) adopts new sec.sec.97. 171- 97.180, and 97.190, without changes to the proposed text as published in the February 8, 1994, issue of the Texas Register (19 TexReg 872). These sections are required by Chapter 89 of the Texas Health and Safety Code which was added by Chapter 786 (Senate Bill 57) of the 73rd Legislature, Regular Session which require the department to adopt rules for the screening and treatment for tuberculosis (TB) in jails and other correctional facilities. The department expects these rules to reduce the transmission and incidence of tuberculosis in correctional facilities of 100 beds or more, and indirectly among the general public who subsequently come in contact with these inmates, employees, and volunteers. These sections establish screening and treatment procedures for tuberculosis of employees, volunteers, and inmates in county jails and other correctional facilities. These sections require specific types of tests, diagnostic evaluations, professional examinations to be used; categories of individuals to be screened; form of certificates; transfer of records; frequency of tests; and reporting. Jails are required to submit a plan with these and other elements to the Texas Department of Health Tuberculosis Elimination Division. The following comments were received concerning the proposed rules. Comment: Concerning sec.97.177, a commenter recommended that all references to evaluation of job assignment for persons "who do not take" or "do not accept preventive therapy" be deleted. There is no risk of transmission for persons only "infected." Why would reassignment be necessary? What work restrictions would apply? This section may send an inaccurate public health message concerning transmission. Counseling persons about risk of developing disease, however, is very important. Response: The department developed rules to encompass a wide range of employment settings. It is a reasonable health care measure to recommend older, immune compromised or individuals with other health care problems to have their workplace role evaluated with regard to their TB test status. This is especially true for health care workers. Additionally, it is a good public health measure to be aware of the reasons for not taking or not completing preventive therapy and reinforcing the reasons to take the medication. Monitoring the person's health at the workplace may also be necessary. Comment: Concerning sec.97.179, a commenter stated that Senate Bill (SB) 57 only requires a certificate signed by a physician stating: 1) the employee or volunteer has been tested for tuberculosis infection; and 2) the results indicate that the person does not have tuberculosis. Although, it is noted that the rules do allow for the recommended certificate or "a similar document, " rules also state, "the certificate is part of a multipurpose form which shall be used for evaluation or treatment of an employee." While a multipurpose form seems like a good idea, employees may object to providing employers with extensive clinical data (i.e. HIV test results, bacteriology, and sputum results) which goes beyond the law's requirements. Some minimal clinical information on the employee certificate such as the Mantoux test date and result would be helpful. Because the purpose of the "Transfer Records" for inmates and "Certificates" for employees are entirely different, it is recommended that the TB400 continue to be used for reporting and for transferring inmate information; and that a separate form be designed for use as a certificate by employees. Response: The rules support the provision of information used by the physician to evaluate treatment recommendations. Any person provided access to this information is on a need to know basis and is legally obligated to maintain its confidentiality. Senate Bill 57 (sec.89.073(b)(1)) and the rules (sec.97.190(b)) provide for the adoption of local standards and forms. The department will evaluate each plan as it applies to the local community. Comment: Concerning sec.97.179(b), a commenter suggested that the deadline for filing a certificate should be a period of time related to employment (i.e. "certificates must be presented by employees prior to employment" and "within one to two months of the annual recertification date."). To set a deadline after the certificate is completed and signed by a physician would leave the employer dependent upon the physician's schedule for signing certificates. Response: It is anticipated that the certificate would be completed at the time of the medical evaluation. Provisions for a delay in treatment recommendations or completion of a certificate from the physician may be included in the locally adopted plan (sec.97.190(c) and (d)). The department will evaluate each plan as it applies to the local community. The comments on the proposed rules received by the department were from the Texas Department of Criminal Justice. These comments were neither for nor against the rules in their entirety; however they raised questions, expressed concerns, offered comments for clarification, and made recommendations concerning specific provisions of the rules. The new sections constitute the Texas Department of Health's recommendation to the Commission of Jail Standards and Texas Department of Criminal Justice required by sec.89.072 of the amended Texas Health and Safety Code, and the minimum standards for counties, judicial districts, and private entities required by sec.89.073. They also constitute the screening guidelines authorized by sec.89.011 and sec.89.073 of the Texas Health and Safety Code. Rules to prevent communicable disease are also authorized by sec.81.004 of the Texas Health and Safety Code; and sec.12.001, which provides the Texas Board of Health with the authority to adopt rules for the performance of every duty imposed by law on the Texas Board of Health, the Texas Department of Health, and the Commissioner of Health. 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 April 25, 1994. TRD-9439758 Susan K. Steeg General Counsel Texas Department of Health Effective date: May 16, 1994 Proposal publication date: February 8, 1994 For further information, please call: (512) 458-7447 Chapter 111. Special Health Services 25 TAC sec.111.1 The Texas Department of Health (department) adopts the repeal of sec.111.1, concerning Memorandum of Understanding, without changes to the proposed text as published in the November 26, 1993, issue of the Texas Register (18 TexReg 8756). The section adopts by reference an MOU between the Texas Department of Human Services (TDHS) and the department concerning protective services for the elderly. The section is being proposed for repeal because the MOU has been rewritten to reflect statutory changes in the Human Resources Code, Chapter 48, concerning responsibilities and procedures of each agency regarding investigations of reports of abuse, exploitation, and neglect of the elderly or disabled occurring in facilities licensed or operated by the department and the transfer of responsibilities from TDHS to the Texas Department of Protective and Regulatory Services. The updated MOU is being proposed for permanent adoption in sec.3.21 under 25 TAC, Chapter 3, concerning memoranda of understanding between the department and other state agencies. No comments were received regarding adoption of the repeal. The repeal is adopted under Human Resources Code, sec.48.022, which requires the Texas Department of Protective and Regulatory Services and the Texas Department of Health to enter into a memorandum of understanding to delegate responsibilities and procedures of each agency regarding investigations of reports of abuse, exploitation, and neglect occurring in certain facilities; and the Health and Safety Code, sec.12.001, which provides the Board of Health with authority to adopt rules for the performance of every duty imposed by law on the Texas Board of Health, the Texas Department of Health and the Commissioner of Health. 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 April 25, 1994. TRD-9439781 Susan K. Steeg General Counsel Texas Department of Health Effective date: May 17, 1994 Proposal publication date: November 26, 1993 For further information, please call: (512) 458-7236 TITLE 28. INSURANCE Part I. Texas Department of Insurance Chapter 1. General Administration Subchapter B. Fees, Charges and Costs 28 TAC sec.sec.1.301-1.306 The Texas Department of Insurance adopts the repeal of sec.sec.1.301-1.306, without changes to the proposed text as published in the February 18, 1994, issue of the Texas Register (19 TexReg 1168). Section 1.301 relates to costs of copies and access to public records. Section 1.302 relates to charges for specified board publications. Section 1.303 relates to the charge for the Insurance Code and related laws. Section 1.304 relates to the charge for copies of insurance-related legislation published after each legislative session. Section 1.305 relates to the charge for the board's report to the Sunset Commission. Section 1.306 relates to certain publications distributed without charge. The repeals are necessary because House Bill 1009, 73rd Legislature, required each state agency to review its procedures for providing access to and copies of public records and to analyze the charges the agency makes for providing copies. House Bill 1009 also mandated each state agency to promulgate rules specifying the charges the agency will establish for copies of public information. Additionally, House Bill 1009 required the General Services Commission (GSC) to conduct a study of the charges made by state agencies for copies of public records and to prepare a report of its findings under the study. Consequently, on March 29, 1994, GSC adopted rules to set out the methods and procedures that a state agency may use in determining the amounts the agency should charge. To comply with House Bill 1009 mandates, the department may consider the rules that the GSC has adopted in 1 TAC sec.sec.111.61 to 111.70. Because the department will have to follow new guidelines and charge new costs, and sec.sec.1.301-1.306 refer to obsolete or discontinued publications or procedures, or the three- member board which is no longer in existence, it is necessary to repeal these sections. The repeals eliminate any reference to obsolete or discontinued publications or procedures and will also eliminate any reference to the three-member board, which is no longer in existence. The adopted repeal will facilitate the department's adherence to methods and procedures specified by GSC's rules and guidelines to determine amounts that should be charged by the department to recover the full cost of providing copies of public records. No comments were received on the proposed repeals. The repeals are adopted under House Bill 1009, 73rd Legislature and the Insurance Code, Article 1.03A. House Bill 1009 requires all state agencies to promulgate rules specifying the charges each agency will establish for copies of public information. Article 1.03A authorizes the Commissioner to adopt rules and regulations for the conduct and execution of the duties and functions by the department. 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 April 26, 1994. TRD-9439870 D. J. Powers Legal Counsel Texas Department of Insurance Effective date: May 17, 1994 Proposal publication date: February 18, 1994 For further information, please call: (512) 463-6327 Texas Department of Insurance Exempt Filing Notification Pursuant to the Insurance Code, Chapter 5, Subchapter L (Editor's Note: As required by the Insurance Code, Article 5.96 and 5. 97, the Texas Register publishes notices of actions taken by the Department of Insurance pursuant to Chapter 5, Subchapter L, of the Code. Board action taken under these articles is not subject to the Administrative Procedure Act. These actions become effective 15 days after the date of publication or on a later specified date. The text of the material being adopted will not be published, but may be examined in the offices of the Department of Insurance, 333 Guadalupe, Austin.) The Commissioner of Insurance, at a public meeting held at 8:30 a.m. on April 18, 1994, in Room 100 of the Texas Department of Insurance Building, 333 Guadalupe Street, Austin, Texas, adopted the revised Texas Statistical Plan For Private Passenger Automobile (the "Plan") as proposed by staff of the Texas Department of Insurance except that County Mutual Insurance Companies were exempted for the remainder of calendar year 1994 from the reporting requirement that County Mutuals convert all policies written to benchmark rates. The revised Plan implements the Insurance Code, Article 5.05(a), which requires that the Commissioner develop reasonable statistical plans to be used by each automobile insurer in the recording and reporting of its loss experience and other data in order that the total loss and expense experience of all such insurers may be made available annually. The Insurance Code, Article 21.69, authorizes the Commissioner to contract with any qualified entity to collect historical premium and loss data as defined by the Commissioner and pursuant to statistical plans promulgated or approved by the Commissioner. Notice of a public meeting to receive public comment on the proposed revised Texas Statistical Plan for Private Passenger Automobile, was published in the March 15, 1994, issue of the Texas Register (19 TexReg 1859). On May 6, 1993, the State Board of Insurance adopted the Texas Statistical Plan for Private Passenger Automobile by Board Order Number 60321. In the process of developing reporting instructions pursuant to the statistical plan adopted on May 6, 1993, staff, in consultation with insurers and the public identified numerous areas of the plan requiring revision including the addition of certain data elements, the deletion of certain data elements, the elimination of one report and the addition of specific reporting and record layout instructions. The Commissioner adopted the revised Texas Statistical Plan for Private Passenger Automobile on April 18, 1994, which incorporated the needed revisions and provided a more complete document for instructing insurers on their reporting responsibilities related to private passenger automobile experience in Texas. The Commissioner has jurisdiction over this matter pursuant to the Insurance Code, Articles 5.05, 5.96, and 21.69. The Plan as adopted by the Commissioner is filed with the Chief Clerk under Reference Number A-0394-05I and is incorporated by reference by Commissioner Order Number 94-0457. This notification is made pursuant to the Texas Insurance Code, Article 5. 96, which exempts it from the requirements of the Administrative Procedure and Texas Register Act. (Administrative Procedure Act, 73rd Legislature, Regular Session, Chapter 268, sec.1, 1993 Texas General Laws 737 (codified Texas Government Code title 10, Chapter 2001)). Consistent with the Texas Insurance Code, Article 5.96(h), prior to the effective date of this action, the Texas Department of Insurance will notify all insurers writing private passenger automobile insurance. IT IS THEREFORE THE ORDER of the Commissioner of Insurance that the revised Texas Statistical Plan For Private Passenger Automobile, as described herein, except that County Mutual Insurance Companies are exempt for the remainder of calendar year 1994 from the reporting requirement that County Mutuals convert all policies written to benchmark rates, be adopted to become effective for all insurers writing private passenger automobile insurance on and after 15 days following the date that notice of this action is published in the Texas Register. This notification is made pursuant to the Insurance Code, Article 5.96, which exempts it from the requirements of the Administrative Procedure Act. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on April 26, 1994. TRD-9439872 Linda K. von Quintus-Dorn Chief Clerk Texas Department of Insurance Effective date: May 18, 1994 For further information, please call: (512) 463-6328