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 XIII. Texas Incentive and Productivity Commission Chapter 273. State Employee Incentive Program 1 TAC sec.273.9 The Texas Incentive and Productivity Commission adopts an amendment to sec.273.9(d), concerning eligibility, with changes to the proposed text as published in the February 22, 1994, issue of the Texas Register (19 TexReg 1277). Section 273.9(d) amends the provisions concerning the award eligibility period for a suggestion. A non-substantive change was made to the proposed text sec.273.9(e)(3) to clarify that the Commission may open a suggestion file that has been closed and establish a new award eligibility period for that specific suggestion. The section as adopted will facilitate participation in our cost saving program. No comments were received regarding adoption of the amendment. The amendment is adopted under the Government Code, Chapter 2108, sec.2108. 004(b), which provides the Texas Incentive and Productivity Commission with the authority to promulgate rules for the State Employee Incentive Program. sec.273.9. Eligibility. (a)-(c) (No change.) (d) Award Eligibility Period. (1) A suggestion is eligible for a cash award if the following actions occur within two years of the date the Commission receives the suggestion: (A) the Commission approves the suggestion; (B) a target agency implements the suggestion; and (C) the target agency transfers the savings/revenue resulting from the suggestion. (2) The following exceptions apply to the award eligibility period. (A) If a suggestion requires legislative change, then the period shall be four years. (B) The Commission may grant a two-year extension to an employee whose suggestion has been approved if the employee makes such a request in writing before the award eligibility period expires. (C) A suggestion is not eligible for an award if it duplicates a suggestion that was previously received by the Commission and that has not been closed. (e) Closing of suggestion files. (1) The file on a suggestion shall be closed at the expiration of the applicable award eligibility period, including any valid extensions. (2) Once a suggestion file has been closed, the same suggestion may be submitted as a new suggestion subject to all eligibility requirements and the evaluation process described in sec.273.7 and sec.273.9 of this title (relating to Agency's Role; Eligibility). (3) If the Commission believes circumstances warrant, the Commission may open a suggestion file that has been closed and establish a new award eligibility period for that suggestion. 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 May 3, 1994. TRD-9440246 M. Elaine Powell Executive Director Texas Incentive and Productivity Commission Effective date: May 24, 1994 Proposal publication date: February 15, 1994 For further information, please call: (512) 475-2393 TITLE 16. ECONOMIC REGULATION Part I. Railroad Commission of Texas Chapter 5. Transportation Division Subchapter I. Identification and Reports 16 TAC sec.5.152 The Railroad Commission of Texas adopts an amendment to sec.5.152, without changes to the proposed text as published in the March 8, 1994, issue of the Texas Register (19 TexReg 1626). The amendment is adopted to allow motor carriers to maximize the efficient usage of their transportation equipment under their certificates and permits. For each motor carrier certificate or permit under which a motor vehicle operates, the vehicle must bear a current cab card as evidence of the vehicle's compliance with insurance and registration requirements of the commission. Currently, sec.5.152 allows a motor vehicle to be issued a maximum of three cab cards by the commission, but will allow the issuance of four cab cards if at least one of the cards is issued for the transportation of recyclable materials. However, because Senate Bill 1313 of the 73rd Legislature created a new type of authority (truckload contract carrier permit) , it is now possible that a motor carrier might seek to register its motor vehicles under five certificates or permits, which would require the issuance of five cab cards. The proposed amendment would accommodate the change in the law by removing the maximum limit on the number of cab cards that could be issued to a motor vehicle. No comments were received regarding adoption of the rule. The amendment is adopted under the Texas Motor Carrier Act, Texas Civil Statutes, Article 911b, which authorize the commission to prescribe rules and regulations for the operations of motor carriers. 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 May 2, 1994. TRD-9440258 Mary Ross McDonald Assistant Director, Legal Division-Gas Utilities/LP Gas Railroad Commission of Texas Effective date: May 24, 1994 Proposal publication date: March 8, 1994 For further information, please call: (512) 463-7095 TITLE 22. EXAMINING BOARDS Part XI. Board of Nurse Examiners Chapter 223. Fees 22 TAC sec.223.1 The Board of Nurse Examiners adopts an amendment to sec.223.1, concerning fees, without changes to the proposed text as published in the April 1, 1994, issue of the Texas Register (19 TexReg 2257). Beginning April 1, 1994, the licensure examination for Registered Nurses will be administered by the National Council of State Boards of Nursing, Inc. using Computer Adaptive Testing (CAT). The exam fee will be submitted directly to the testing service. Therefore, the fee structure has been amended by adding an initial licensure fee and deleting the admission fee to the examination. The Board of Nurse Examiners will determine eligibility of candidates and will process candidates applications for initial licensure and will charge the initial licensure fee for those services. The examination fee will be paid to the testing service by the candidate. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 4514, sec.1, and Article 4527, sec.1, which provide the Board of Nurse Examiners with the authority to make and enforce all rules and regulations necessary for the performance of its duties and conducting of proceedings before it. The board, by rule shall establish reasonable and necessary fees so that the fees, in the aggregate, produce sufficient revenue to cover the cost of administering this chapter. 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 May 3, 1994. TRD-9440209 Louise Waddill, Ph.D., R.N. Executive Director Texas Board of Nurse Examiners Effective date: May 24, 1994 Proposal publication date: April 1, 1994 For further information, please call: (512) 835-8650 Part XXIII. Texas Real Estate Commission Chapter 537. Professional Agreements and Standard Contracts 22 TAC sec.sec.537.11, 537.21, 537.22, 537.24, 537.26, 537.27, 537.37-537.39 The Texas Real Estate Commission adopts amendments to sec. sec.537.11, 537.21, 537.22, 537.24, 537.26, 537.27, and new sec.sec.537.37-537.39, concerning standard contract forms. Section 537.11 is adopted with changes to the proposed text as published in the February 22, 1994, issue of the Texas Register (19 TexReg 1315). Sections 537.21, 537.22, 537.24, 537.26, 537.27, and new sec.sec.537. 37-537.39 are adopted without changes and will not be republished. The amendments and new sections adopt by reference a series of revised or new standard form earnest money contracts, leases, or addenda developed by the Texas Real Estate Broker-Lawyer Committee. Texas real estate licensees will generally be required to use these forms beginning September 1, 1994, although the forms may be used on a voluntary basis prior to that time. Adoption of the amendments and new sections is necessary to ensure that the forms used by real estate licensees are adequate to serve the needs of the public and to prevent the unauthorized practice of law by the licensees. Section 537.11 was modified to clarify that form TREC Number 32-0, Condominium Resale Certificate, is to be used as a resale certificate, but not as an addendum to an earnest money contract. A number of changes were made to the text of the proposed forms in response to comments. Concerning the condominium earnest money contract forms, TREC Number 30-0 and TREC Number 31-0, provisions were added to specify a time for the seller to deliver documentation such as the declaration and by-laws of the association or the resale certificate if those instruments had not been provided prior to the signing of the contract. The prorations paragraph of TREC Number 30-0 was revised to provide for the handling of any escrow account in the event of an assumption, using language consistent with other TREC standard forms. Language was added to the paragraph in both forms relating to attorneys' fees to clarify that the provision survived the closing of the sale. In the property condition paragraph in both forms, space was added to specify a time for the buyer to receive written confirmation from the condominium association that it will make repairs to common elements requested by the buyer. The Condominium Resale Certificate, form TREC Number 32-0, was modified by adding a notice that the certificate must be prepared no more than three months before the date it is delivered to the buyer. The change conforms the form with the Property Code's requirements for the preparation of resale certificates. Form TREC Number 15-2, Seller's Temporary Lease, was modified in response to a comment to require advance payment of rental by a seller in full at the time of the funding of the sale, rather than in weekly or monthly advance payments. Form 15-2 and Form 16-2, Buyer's Temporary Lease, were both modified to provide notice to the landlord of an obligation imposed by the Property Code to install security devices such as window latches and deadbolts. The caption on each form also was modified to clarify that the intended use of the forms is for transactions in which the tenant occupies the property for no more than 90 days. Form TREC Number 10-2, Addendum for Sale of Other Property by Buyer, was modified in response to a comment to clarify that the seller may continue to show the property and consider offers from other buyers. The commission did not concur with a comment that the addendum was too seller-oriented; the commission determined that the addendum adequately balanced the interests of the buyer and the seller. No substantive changes were made in form TREC Number 11-2, Addendum for Second or "Back-Up" Contract, or in form TREC Number 13-1, New Home Insulation Addendum. Minor spacing and placement changes were made on all the forms, and the two earnest money contracts were reset on seven pages to provide adequate space for insertions. The amendments and new sections are adopted under Texas Civil Statutes, Article 6573a, sec.16, which provide the Texas Real Estate Commission with the authority to make and enforce rules and regulation requiring real estate brokers and salesmen to use contract forms prepared by the Texas Real Estate Broker-Lawyer Committee and promulgated by the Texas Real Estate Commission. sec.537.11. Use of Standard Contract Forms. (a) Standard Contract Form TREC No. 2-4 is promulgated for use as an addendum only to another promulgated standard contract form. Standard Contract Form TREC No. 9-2 is promulgated for use in the sale of unimproved property where intended use is for one to four family residences. Standard Contract Form TREC No. 10-2 is promulgated for use as an addendum concerning sale of other property by a buyer to be attached to promulgated forms of contracts. Standard Contract Form TREC No. 11-3 is promulgated for use as an addendum to be attached to promulgated forms of contracts which are second or "back-up" contracts. Standard Contract Form TREC No. 12-1 is promulgated for use as an addendum to be attached to promulgated forms of contracts where there is a Veterans Administration release of liability or restoration entitlement. Standard Contract Form TREC No. 13-1 is promulgated for use as an addendum concerning new home insulation to be attached to promulgated forms of contracts. Standard Contract Form TREC No. 15-2 is promulgated for use as a residential lease when a seller temporarily occupies property after closing. Standard Contract Form TREC No. 16-2 is promulgated for use as a residential lease when a buyer temporarily occupies property prior to closing. Standard Contract Form 20-2 is promulgated for use in the resale of residential real estate where there is all cash or owner financing, an assumption of an existing loan, or a conventional loan. Standard Contract Form TREC No. 21-2 is promulgated for use in the resale of residential real estate where there is a Veterans Administration guaranteed loan or a Federal Housing Administration insured loan. Standard Contract Form TREC No. 23-1 is promulgated for use in the sale of a new home where construction is incomplete. Standard Contract Form TREC No. 24-1 is promulgated for use in the sale of a new home where construction is completed. Standard Contract Form TREC No. 25-1 is promulgated for use in the sale of a farm or ranch. Standard Contract Form TREC No. 26-2 is promulgated for use as an addendum concerning seller financing. Standard Contract Form TREC No. 27-0 is promulgated for use as an addendum to be attached to promulgated forms of contracts where there is an inspection with a right to terminate. Standard Contract Form TREC No. 28-0 is promulgated for use as an addendum to be attached to promulgated forms of contracts where reports are to be obtained relating to environmental assessments, threatened or endangered species, or wetlands. Standard Contract Form TREC No. 29-0 is promulgated for use as an addendum to be attached to promulgated forms of contracts where an abstract of title is to be furnished. Standard Contract Form TREC No. 30-0 is promulgated for use in the resale of a residential condominium unit where there is all cash or seller financing, an assumption of an existing loan, or a conventional loan. Standard Contract Form TREC No. 31-0 is promulgated for use in the resale of a residential condominium unit where there is a Veterans Administration guaranteed loan or a Federal Housing Administration insured loan. Standard Contract Form TREC No. 32-0 is promulgated for use as a condominium resale certificate. (b)-(j) (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 29, 1994. TRD-9440148 Mark A. Moseley General Counsel Texas Real Estate Commission Effective date: September 1, 1994 Proposal publication date: February 22, 1994 For further information, please call: (512) 465-3900 22 TAC sec.537.25 The Texas Real Estate Commission adopts the repeal of sec.537.25, concerning standard contract forms, without changes to the proposed text as published in the February 22, 1994, issue of the Texas Register (19 TexReg 1316). The repeal permits Texas real estate licensees to add to standard contract forms business details relating to the terms of conventional non-fixed rate loans instead of using form TREC Number 14-0 for that purpose. The repeal is necessary to avoid required use of an unnecessary form promulgated by the commission. No comments were received regarding adoption of the rule. The repeal is adopted under Texas Civil Statutes, Article 6573a, sec.16, which provide the Texas Real Estate Commission with the authority to make and enforce rules and regulation requiring real estate brokers and salesmen to use contract forms prepared by the Texas Real Estate Broker-Lawyer Committee and promulgated by the Texas Real Estate Commission. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 29, 1994. TRD-9440147 Mark A. Moseley General Counsel Texas Real Estate Commission Effective date: September 1, 1994 Proposal publication date: February 22, 1994 For further information, please call: (512) 465-3900 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 Texas 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 Texas Department of Insurance, 333 Guadalupe, Austin.) The Commissioner of Insurance at a public hearing under Docket Number 2091 on May 2, 1994 at 8:30 a.m. in Room 100 of the Texas Department of Insurance Building, 333 Guadalupe Street in Austin, Texas revised and adopted the amendments proposed by the staff of the Workers' Compensation Division to the Texas Basic Manual of Rules, Classifications and Experience Rating Plan for Workers' Compensation and Employers' Liability Insurance (Manual) pertaining to a transition period for the calculation of experience modifiers by the insurance companies. The adopted transition period is a two-phase transition of 90 and 60 days, rather that the three-phase transition as originally proposed by the staff. Notice of the public hearing was published in the April 1, 1994, issue of the Texas Register (19 TexReg 2321). For experience modifiers with an effective date of May 1, 1994, through June 30, 1995, that are either issued or revised within the first 90 days of the inception date of the policy or within 90 days of the anniversary rating date, the increase in premium due to the application of the modifier is applicable retroactive to the inception date of the policy or the anniversary rating date, if different than the effective date of the policy. For experience modifiers with an effective date of May 1, 1994, through June 30, 1995, that are either issued or revised after the first 90 days of the effective date of the policy or after 90 days of the anniversary rating date, the increase in premium due to the application of the modifier is computed pro rata from the date the modifier is either issued or revised. For experience modifiers with an effective date of July 1, 1995, or after that are either issued or revised within the first 60 days of the effective date of the policy or within 60 days of the anniversary rating date, the increase in premium due to the application of the modifier is applicable retroactive to the inception date of the policy or the anniversary rating date, if different than the effective date of the policy. For experience modifiers with an effective date of July 1, 1995, or after that are either issued or revised after the first 60 days of the policy or after 60 days of the anniversary rating date, the increase in premium due to the application of the modifier is computed pro rata from the date the modifier is either issued or revised. The Commissioner of Insurance adopted this matter pursuant to the Insurance Code, Articles 5.60 and 5.96. The Commissioner of Insurance adopted the amendments to the Texas Basic Manual of Rules, Classifications and Experience Rating Plan for Workers' Compensation and Employers' Liability Insurance as set forth above and attached hereto and incorporated by reference, by Commissioner's Order Number 94-0475. A copy of the amendments containing the full text of the adopted amendments is available for review in the office of the Chief Clerk of the Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas 78714-9104. For further information or to request copies of the amendments, please contact Angie Arizpe (512) 322-4147, (refer to Reference Number W-0394-08). This notification is made pursuant to the Insurance Code, Article 5.96, which exempts it from the requirements of the Administrative Procedure Act. IT IS THEREFORE THE ORDER of the Commissioner of Insurance that the Texas Basic Manual of Rules, Classifications and Experience Rating Plan for Workers' Compensation and Employers' Liability Insurance pertaining to the two-phase transition period of 90 and 60 days for the calculation of experience modifiers is adopted to be effective of the 15th day after notice of this action is published in the Texas Register. The department hereby certifies that the adoption has been reviewed by the legal counsel and found to be within the department authority to adopt. Issued in Austin, Texas, on May 4, 1994. TRD-9440287 D. J. Powers Legal Counsel to the Commissioner Texas Department of Insurance Effective date: May 25, 1994 For further information, please call: (512) 463-6328