PROPOSED RULES 
 
 Before an agency may permanently adopt a new or amended section or repeal an 
existing section, a proposal detailing the action must be published in the  
Texas Register at least 30 days before action is taken. The 30-day time period 
gives interested persons an opportunity to review and make oral or written 
comments on the section. Also, in the case of substantive action, a public 
hearing must be granted if requested by at least 25 persons, a governmental 
subdivision or agency, or an association having at least 25 members. 
  Symbology in proposed amendments. New language added to an existing section is 
indicated by the use of  bold text. [Brackets] indicate deletion of existing 
material within a section. 
 
   
  TITLE 4. AGRICULTURE 
 Part I. Texas Department of Agriculture 
  Chapter 3. Boll Weevil Eradication Program 
  
  Subchapter D. Collection of Assessments and Assessment Penalties 
 
  4 TAC sec.3.70, sec.3.71 
 
  The Texas Department of Agriculture (the department) proposes new sec.3.70 and 
sec.3.71, concerning collection of assessment and penalties set by the boll 
weevil eradication foundation. The proposal establishes requirements and 
procedures governing exemptions from payment of boll weevil eradication 
assessment penalties. The department has determined that environmental, 
biological and certain other undue hardships may be acceptable instances which 
would warrant an exemption from payment of established penalties. 
 Rick Smathers, coordinator, Cotton Programs, has determined that for the first 
five-year period the sections are in effect there will be no fiscal implications 
for state or local government as a result of enforcing or administering the 
sections. 
 Mr. Smathers also has determined that for each year of the first five years the 
sections are in effect the public benefit anticipated as a result of enforcing 
the sections will be a reduced financial burden to individuals eligible for the 
exemption. There will be no effect on small businesses. There is no anticipated 
economic cost to persons who are required to comply with the sections as 
proposed. 
 Comments on the proposal may be submitted to Rick Smathers, Texas Department of 
Agriculture, P.O. Box 12847, Austin, Texas 78711, and must be received no later 
than 30 days from the date of publication of the proposal in the Texas Register. 
 The new sections are proposed under the Texas Agriculture Code, sec.74.116, 
which provides the Texas Department of Agriculture with the authority to adopt 
rules setting criteria for exemption from payment of assessment penalties. The 
code sections that will be affected by the proposal are Texas Agriculture Code, 
Chapter 74, Subchapter D. 
 
 
  sec.3.70. Statement of Authority for Collection of Assessments and Assessment 
Penalties. <ol> Senate Bill 30, 73rd Legislature, 1993 (now codified at the 
Texas Agriculture Code, Chapter 74, Subchapter D), provides for the 
establishment of the Boll Weevil Eradication Foundation (the foundation) to 
establish and implement a boll weevil eradication program for Texas. The Code, 
Chapter 74, sec.74.113, provides the foundation with the authority to establish, 
by referenda of cotton growers, eradication zones and an assessment rate and 
method for collection of assessments for each zone. The Code, sec.74.115, 
provides that a cotton grower who fails to pay an assessment levied by the 
foundation when due may be subject to a penalty set by the foundation board. 
That section further provides other remedies for failure to pay an assessment 
and assessment penalty, including destruction of cotton. The Code, Chapter 74, 
sec.74.116, provides for an exemption for payment of assessment penalties and 
authorizes the Texas Department of Agriculture to adopt criteria for exemption 
from payment of assessment penalties. 
 
   
  sec.3.71. Exemption from Assessment Penalties. 
 
  (a) Any cotton grower who fails to pay assessments and/or penalties upon the 
appropriate due date may apply for consideration for a hardship waiver 
(exemption from penalty) in writing on a form prescribed by the commissioner, 
stating the conditions under which he requests such a waiver. Such waivers shall 
apply only to penalties and will be considered only upon submission of the 
following documentation. Additional information may be provided. 
 
  (1) an assignment of deficiency payments for cotton or any other crop to cover 
the amount due for assessments and penalties, and a general crop lien for all 
crops and products of such crops if deficiency payments are insufficient; 
   
  (2) a financial statement from a bank or other lending institution financing 
the farming operation indicating inability to pay; or 
   
  (3) an income tax statement showing taxable net income for the taxable year in 
which grower seeks a waiver. 
     
  (b) Determination as to whether or not a waiver will be granted by the 
foundation will be based on the completed application received and satisfactory 
documentation of the following criteria, including, but not limited to: 
 
  (1) adverse conditions of family health supported by a physician; 
   
  (2) a natural or physical disaster resulting in at least 30% crop loss and not 
covered by insurance; 
   
  (3) a biological disaster such as severe insect or disease infestation not 
controllable by currently available pesticides or pest management strategies; 
   
  (4) a financial disaster, such as theft or fire, supported by appropriate 
documentation; or 
   
  (5) any other extraordinary circumstances, for which documentation must be 
submitted. 
     
  (c) A cotton grower will not qualify for an exemption under this section in a 
year for which the amount computed by subtracting the assessments and penalties 
due under this subchapter from the cotton grower's net income subject to federal 
income taxation is greater than $15,000. 
   
  (d) A cotton grower who applies for an exemption under this section must use a 
form prescribe by the commissioner. Forms may be obtained by contacting the 
Texas Department of Agriculture, Coordinator for Cotton Programs, P.O. Box 
12847, Austin, Texas 78711. A cotton grower must file a separate application for 
each year for which the cotton grower claims an exemption. 
   
  (e) The commissioner shall forward to the foundation a completed exemption 
application form. The foundation shall determine whether the applicant qualifies 
for a full, partial or reduced exemption and shall notify the commissioner of 
its determination in writing. 
   
  (f) Upon notification by the foundation that a cotton grower qualifies for an 
exemption, the commissioner shall exempt the cotton grower from payment of an 
assessment penalty under the Agriculture Code, sec.74.115, and take no further 
action. 
   
  (g) On the foundation's recommendation, the commissioner may establish a 
payment plan for a cotton grower applying for an exemption under this section. 
   
  (h) The commissioner shall promptly notify an applicant of the foundation's 
determination regarding the applicant's request for an exemption by mail at the 
applicant's last known address. 
   
  (i) If an exemption under this section is denied, assessments and penalties 
for the year for which the application is made are due to the foundation on the 
later of: 
 
  (1) the date on which they would be due in the absence of an application for 
exemption; or 
   
  (2) 30 days after the date the applicant receives notice of the denial. 
 
  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 May 9, 1994. 
 TRD-9440559 
  Dolores Alvarado Hibbs 
 Chief Administrative Law Judge 
 Texas Department of Agriculture 
    Earliest possible date of adoption: June 13, 1994 
 For further information, please call: (512) 463-7583 
         
                     
  TITLE 10. COMMUNITY DEVELOPMENT 
 Part V. Texas Department of Commerce 
  Chapter 187. Job Training Partnership Act Rules 
  
  Subchapter C. Job Training Plans 
 
  10 TAC sec.sec.187.140-187.154 
 
  The Texas Department of Commerce proposes new sec.sec.187.140-187.154, 
concerning rules to implement the Job Training Partnership Act, pursuant to 
Texas Government Code, sec.481.0044, which authorizes the policy board of the 
Texas Department of Commerce to adopt rules to administer department programs. 
Sections 187.140-187.144 prescribe general provisions for developing, approving 
and amending local job training plans. Sections 187.145-187.147 prescribe the 
development and approval of competency systems. Sections 187. 148-187.151 
describe the approval process of Title III job training plans and provide 
specific guidance for carry-over funds, services to displaced homemakers, and 
rapid response grants. Section 187.152 provides for a Certificate of Continuing 
Eligibility. Section 187.153 and sec.187.154 describe the procedures for 
allotment of state reserve funds to substate areas. These sections are proposed 
to define and facilitate the establishment of job training plans prepared by the 
local service delivery areas and substate areas of the state. 
 Fabian S. Gomez, staff attorney, Texas Department of Commerce, has determined 
that for the first five-year period the sections are in effect there will be no 
fiscal implications for state or local government as a result of enforcing or 
administering the sections. 
 Mr. Gomez also has determined that for each year of the first five years the 
proposed sections are in effect, the public benefits anticipated as a result of 
enforcing the sections will be to facilitate the development and implementation 
of effective state and local systems for managing job training, employment and 
related programs in this state. There will be no effect on small businesses. 
There is no anticipated economic cost to persons who are required to comply with 
the sections as proposed. 
 Comments on the proposal may be submitted, in duplicate, to Fabian S. Gomez, 
Staff Attorney, Work Force Development Division, Texas Department of Commerce, 
P.O. Box 12728, Austin, Texas 78711, within 30 days of the publication of the 
proposed sections. 
 The new rule is proposed under the Texas Government Code, sec.481.0044(a), 
which authorizes the policy board to adopt rules necessary for the 
administration of department programs; and Texas Civil Statutes, Article 
4413(52), sec.5A, (as amended by Senate Bill 405, sec.29, Acts 1993, 73rd 
Legislature), which give the policy board of the Texas Department of Commerce 
the authority to adopt necessary rules for the implementation and management of 
the job training program. The sections are also proposed pursuant to the 
Administrative Procedure Act, Texas Government Code, Chapter 2001, Subchapter B, 
which mandates the rulemaking procedures for state agencies. 
 The following statutes are affected by the proposed sec. s187.140-187.154: 
Texas Labor Code, sec.sec.301.046, 301.047 and 301.050. 
 
 
  sec.187.140. Plan Submission for Review and Approval. <ol> All SDA job 
training plans developed pursuant to Federal Act, sec.103 and sec.104, Texas 
Labor Code, sec.301.046, and all SSA substate plans developed pursuant to 
Federal Act, sec.313, shall be submitted to the department at the address shown 
in sec.187.131 of this title (relating to Address for all Submissions, Notices, 
and Requests for Information or Forms). 
 
   
  sec.187.141. Standards for Plan Approval or Disapproval. <ol> A Title II job 
training plan or a Title III substate plan will be approved unless that plan 
does not comply with the elements listed in Federal Act, sec.105(b)(1), or does 
not provide for sufficient resources, services, and level of activities to meet 
annual performance standards. 
 
   
  sec.187.142. Plan Modification or Amendment. An approved two-year plan may be 
changed by either modification or amendment. Either method of change must be 
submitted to the department for review before implementation. Each subrecipient 
submitting a plan modification or amendment must provide evidence that the PIC 
and Chief Elected Official(s) (CEOs) are aware of the intent and substance of 
the change. The Program Summary and Statement of Approval form, available from 
the department, may be used to transmit a plan change to the department to 
document that the PIC and CEO(s) have been advised of the amendment. 
 
   
  sec.187.143. Criteria for Plan Modification. 
 
  (a) A plan modification is a revision of an approved plan which requires 
approval by the PIC and CEO(s) of a service delivery area and must be submitted 
jointly to the State Council and governor for review and approval. A plan 
modification is subject to the provisions of Federal Act, sec.104 and sec.105, 
and notice of the modification must be published in a newspaper of general 
circulation by the SDA for public review and comment no later than 80 days 
before the effective date of the modification. 
   
  (b) A plan modification must be submitted to the department if any of these 
conditions occur: 
 
  (1) a change in grant recipient or administrative entity; 
   
  (2) a change in the geographic area served; or 
   
  (3) an obligation of Title II or Title III allocation for the second year of 
the two-year plan period. 
 
       
  sec.187.144. Criteria for Plan Amendment. 
 
  (a) A plan amendment is a minor adjustment to an approved job training plan 
and does not require publication or approval by the PIC and CEO(s) of the 
service delivery area, prior to submission to the department. Plan amendments 
may be either formal or administrative, described as follows: 
 
  (1) Formal-An amendment that includes changes affecting the approved job 
training plan contract. Formal amendments must be submitted to the department at 
least 30 days prior to the effective date of the amendment. A contract amendment 
reflecting those items affected by the plan amendment must also be submitted for 
review. 
   
  (2) Administrative-An administrative amendment is used for all other changes 
to an approved job training plan which do not affect the contract. 
Administrative amendments must be submitted to the department by letter at least 
15 days prior to the effective date of the amendment. 
     
  (b) A Title II plan formal amendment must be used to: 
 
  (1) change the budget to incorporate carry-over of unexpended funds; 
   
  (2) adjust the budget due to deobligation, reobligation or reallocation of 
funds; 
   
  (3) change the rate of service to significant segments; and 
   
  (4) transfer funds in accordance with Subchapter F of this title (relating to 
Financial Management Rules). 
     
  (c) Title II formal plan amendments that adjust the budget also will require 
changes to performance standards and the Participant Planning Summary. 
   
  (d) A Title III plan formal amendment must be used to change the budget due to 
deobligation or reobligation of funds. These changes also require changes to 
performance standards and the Participant Planning Summary. 
   
  (e) If SDAs and SSAs have established a local policy that plan amendments must 
be approved by the PIC chair and CEO prior to submission to the department, a 
statement of their approval must be included with the plan amendment submitted. 
 
     
  sec.187.145. Competency System Development and Approval.  Each SDA shall 
develop adult and youth competency systems to enhance the employability of JTPA 
participants. Such competency systems must be approved by official action of the 
PIC and by the department. SDAs and PICs must develop systems reflecting 
employer driven skills standards. Competency statements and the overall level of 
achievement required for successful completion of each competency system must be 
approved by official action of the PIC, as evidence that the content to be 
mastered and the level of mastery represent what is required for employment at 
the local level. 
 
   
  sec.187.146. Submission for State Approval. 
 
  (a) After being approved by a PIC, each new or revised competency plan must be 
submitted to the department for approval, prior to participant enrollment in 
competency-related training activities. Each new submission must include 
evidence that the PIC and CEO(s) approve of the submission (e.g., a Program 
Summary and Statement of Approval Form may be used), and a cover letter 
describing the request and the name of the appropriate SDA contact person. 
   
  (b) When submitted as part of the narrative in a job training plan, the 
competency system description must state the competency area, the outcomes to be 
achieved, and the types of agencies with which the SDA plans to contract to 
provide competency training. 
   
  (c) The department has authority to monitor and review previously approved SDA 
competency systems, and may require periodic submissions of revised competency 
systems, to ensure that SDAs continue to assess the effectiveness of their 
competency systems. 
 
     
  sec.187.147. Elements of a Sufficiently Developed Competency System. 
 
  (a) Each competency system submitted to the department for approval shall 
include all required elements of a sufficiently developed competency system, as 
described in the guidelines for PIC-Recognized Youth Employment Competencies<ol> 
in Appendix B, 55 Federal Register <ol> 20343. 
   
  (b) Before being determined eligible to participate in a program, each 
participant must be assessed to determine employment competency needs. Such pre-
assessment score for each participant must be at or below the PIC-approved 
levels of need. Each PIC shall establish levels of need, including the following 
minimum levels: 
 
  (1) For youth pre-employment/work maturity skills, deficiency in five of the 
11 core competencies listed in the guidelines for PIC-Recognized Youth 
Employment Competencies<ol> in Appendix B, 55 Federal Register <ol> 20343. 
   
  (2)  For basic education systems, youth participants must be at least one full 
grade-level below chronological grade-level, be identified by the school 
district as being at risk of dropping out of school, or are dropouts returning 
to school. Adult participants must be at least one full grade-level below the 
12th grade-level in reading, writing, math, or English language proficiency, or 
deficient in any one of the five areas of General Educational Development (GED), 
or have failed one or more sections of the Texas Assessment of Academic Skills 
(TAAS). 
   
  (3) For youth or adult job specific occupational skills systems, evidence that 
the participant does not possess the core competencies included in the approved 
system. 
 
       
  sec.187.148. Substate Plans. 
 
  (a) After initial review of an SSA's plan, the department will inform each SSA 
of any deficiencies. 
   
  (b)  The governor is authorized to grant final approval or disapproval of a 
plan in accordance with Federal Act, sec.105(b)(1)-(3) and 20 CFR, sec.631.50. 
 
     
  sec.187.149. Carry-Over Funds. <ol> SSAs may carry-over up to 15% of their 
fund allocation into the next program year. Prior to the expenditure of newly 
allocated funds, any carry-over funds must be fully expended in training 
programs which span multiple program years. 
 
   
  sec.187.150. Services to Displaced Homemakers. SSAs may furnish services to 
displaced homemakers, pursuant to Federal Act, sec.311(b)(4), if the SSAs 
determine that services to displaced homemakers would not have an adverse impact 
on the delivery of services to eligible dislocated workers based upon local 
demand for service and the local economy. SSAs furnishing such services must 
document their analysis of these factors in their Title III substate plan. 
 
   
  sec.187.151. Rapid Response Grants. 
 
  (a) Pursuant to Federal Act, sec.314(b) and 20 CFR, sec.631.30(b), the 
department may contract with a local SSA to expedite the provision of services 
in cases of substantial layoffs as defined in 20 CFR, sec.631.2, or a public 
announcement by an employer of fifty or more workers of an impending closure of 
a specific facility including the planned date of final closure. 
   
  (b) The eligibility of SSAs in which a substantial layoff has occurred or in 
which an impending closure has been publicly announced to receive rapid response 
grant funds shall be determined by the following criteria: 
 
  (1) the size of the layoff and number of persons affected; 
   
  (2) the time of year relative to a program year cycle; 
   
  (3) the size of the community; 
   
  (4) the existing applicant pool; and 
   
  (5) the amount of funds available at the local level. 
     
  (c) SSAs shall submit a letter of request for rapid response funds together 
with a corresponding line-item budget which appropriates costs to the proper 
cost categories of rapid response or basic readjustment. SSAs shall thereafter 
submit a budget report to the department on a monthly basis for each layoff for 
which the SSA has received rapid response funds. 
   
  (d) For purposes of distinguishing rapid response activities from basic 
readjustment, all services involving individual applicants or participants shall 
be considered basic readjustment. Rapid response activities deal with the group 
of dislocated workers as a whole, not as individuals. Pre-layoff assistance and 
early readjustment assistance, when provided by the SSA, shall be classified and 
charged to the basic readjustment cost category. 
   
  (e) To provide for a transition of dislocated workers from a rapid response 
program to a Title II funded program or other restraining sources SDAs shall 
accept eligibility documentation and certification and assessment or testing 
results completed during the rapid response activities. 
   
  (f) The local SSAs shall address dislocations involving fewer than 51 workers, 
except when substate action or resources are not available or are deemed 
insufficient by the department. 
 
     
  sec.187.152. Certificate of Continuing Eligibility. An SSA that elects to 
issue a Certificate of Continuing Eligibility (CCE), pursuant to Federal Act, 
sec.316(b), must include in its Title III plan, for review and approval by the 
department, a copy of the Certificate of Continuing Eligibility and a 
description of the SSA's policy regarding the following: 
 
  (1) who will receive such a certificate; 
   
  (2) when the certificate will be issued; 
   
  (3) the length of time such certificate will be in effect; and 
   
  (4) whether the SSA will accept a certificate from outside its service 
delivery area. 
 
     
  sec.187.153. Allotment of Dislocated Worker State Reserve Funds.  To achieve 
an equitable distribution of funds reserved to the state pursuant to Federal 
Act, sec.302(c), the governor may reserve not more than 40% of the amount of 
allotted funds to the state under sec.302(a)(1) for: 
 
  (1)  state administration, technical assistance, and coordination of the 
programs authorized under the Federal Act; 
   
  (2) statewide, regional, or industrywide projects; 
   
  (3) rapid response activities as described in Federal Act, sec.314(b); 
   
  (4) establishment of coordination between the unemployment compensation system 
and the worker adjustment program system; and 
   
  (5) discretionary allocation for basic readjustment and retraining services to 
provide additional assistance to areas that experience substantial increases in 
the number of dislocated workers, to be expended in accordance with the substate 
plan or modification thereof. 
 
     
  sec.187.154. Discretionary Fund Distribution Process. 
 
  (a) The discretionary funds allotted to the substate areas shall be 
distributed as follows: 
 
  (1) If a layoff occurs due to a large dislocation or military base closing, 
the local SSA shall meet with the department dislocated worker staff to 
determine its capacity to provide immediate employment and training services. 
   
  (2) If the local SSA can provide immediately needed services, funds for such 
services will be allotted directly to the SSA. 
   
  (3) The department will establish the capability of delivering rapid response 
services by issuing a request for proposals for a statewide or regional rapid 
response service provider(s) early in the program year to SSAs or SSA consortia 
and public or private agencies and organizations. The resulting contract will be 
activated on an as-needed basis if the state determines that the local SSA, or 
other local provider, is unable to directly provide necessary rapid response 
services. 
     
  (b) The funds allotted for substate area assistance shall be distributed under 
the following procedure: 
 
  (1) SSAs shall submit requests for specific layoffs which have occurred since 
April 1 of the previous program year, and not for services to dislocated workers 
in general. 
   
  (2) SSAs shall demonstrate coordination with other area resources and document 
a specific increase in the number of dislocated workers in the SSA. 
   
  (3) SSAs shall indicate financial need by providing information on total 
expenditures and obligations versus total available resources. SSAs must provide 
evidence that their formula allocation does not cover the additional need and 
must specify the amount of funds used to cover training costs of participants 
carried over from the previous program year or actively enrolled in long-term 
training activities spanning two program years. 
   
  (4) SSAs must provide a narrative describing a project design which details 
the needs assessment used to identify the types of services to be provided, the 
results of such assessment, the planned program delivery system, and an 
explanation of how these services are appropriate to the characteristics of the 
affected workers. The SSAs must include with their narrative a participant 
planning summary and a line-item budget. 
   
  (5) Upon approval of funding, the SSAs must submit a formal plan amendment 
which will include the information provided in the project design narrative. 
Such plan amendment shall be submitted according to sec.187.142 and sec.187.144 
of this title (relating to Plan Modification or Amendment and Criteria for Plan 
Amendment). 
 
  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 May 2, 1994. 
 TRD-9440380 
  Deborah C. Kastrin 
 Executive Director 
 Texas Department of Commerce 
    Proposed date of adoption: September 1, 1994 
 For further information, please call: (512) 320-1809 
         
               
  Subchapter E. State Monitoring and Sanctions Policies 
 
  10 TAC sec.sec.187.170-187.196 
 
  The Texas Department of Commerce proposes new sec.sec.187.170-187.196, 
concerning rules to implement the Job Training Partnership Act, pursuant to 
Texas Government Code, sec.481.0044, which authorizes the policy board of the 
Texas Department of Commerce to adopt rules to administer department programs. 
Sections 187.170-187.174 set forth the purpose and authority of this subchapter, 
provide general definitions and describe the state monitoring function and the 
timeline for responses to monitoring reports. Sections 187. 175-187.178 describe 
the scope and responsibilities of a local level monitoring system and prescribe 
methods of assessment and oversight of such monitoring system. Sections 187.179-
187.182 set forth the purpose and procedures for the imposition of state 
sanctions to resolve problem findings reported through monitoring activities. 
Sections 187.183-187.187 set forth the purpose and procedures for providing 
state technical assistance or imposing a reorganization to resolve problem 
findings reported through monitoring activities. Sections 187.188-187.192 
describe the subrecipient's responsibility for annual audits, set forth the 
contents of such audits and prescribe the elements of a subrecipient annual 
audit plan. Sections 187. 193-187.196 outline the audit submission and audit 
resolution process. The sections are proposed to define and facilitate the 
identification of subrecipients with compliance problems to timely address such 
problems through technical assistance or sanctions and to facilitate the 
establishment of a comprehensive state and local monitoring system. 
 Fabian S. Gomez, staff attorney, Texas Department of Commerce, has determined 
that for the first five-year period the sections are in effect there will be no 
fiscal implications for state or local government as a result of enforcing or 
administering the sections. 
 Mr. Gomez also has determined that for each year of the first five years the 
proposed sections are in effect, the public benefits anticipated as a result of 
enforcing the sections will be to facilitate the development and implementation 
of effective state and local systems for managing job training, employment and 
related programs in this state. There will be no effect on small businesses. 
There is no anticipated economic cost to persons who are required to comply with 
the sections as proposed. 
 Comments on the proposal may be submitted, in duplicate, to Fabian S. Gomez, 
Staff Attorney, Work Force Development Division, Texas Department of Commerce, 
P.O. Box 12728, Austin, Texas 78711, within 30 days of the publication of the 
proposed sections. 
 The new rule is proposed under the Texas Government Code, sec.481.0044(a), 
which authorizes the policy board to adopt rules necessary for the 
administration of department programs; and Texas Civil Statutes, Article 
4413(52), sec.5A, (as amended by Senate Bill 405, sec.29, Acts 1993, 73rd 
Legislature), which give the policy board of the Texas Department of Commerce 
the authority to adopt necessary rules for the implementation and management of 
the job training program. The sections are also proposed pursuant to the 
Administrative Procedure Act, Texas Government Code, Chapter 2001, Subchapter B, 
which mandates the rulemaking procedures for state agencies. 
 The following statutes are affected by the proposed sec. s187.170-187.197: 
Texas Labor Code, sec.301.052. 
 
 
  sec.187.170. Purpose and Authority. This subchapter establishes procedures for 
a State Monitoring Plan, under the authority of Federal Act sec.164(a) as 
specified in 20 CFR, sec.627.475, to facilitate the identification of 
subrecipients with compliance problems and to timely address such problems 
through technical assistance or sanctions. 
 
   
  sec.187.171. Definitions.  For purposes of implementing this subchapter, in 
addition to the definitions and references in sec.187.102 of this title 
(relating to General Definitions), the following words and terms when used in 
this subchapter shall have the following meanings, unless the context clearly 
indicates otherwise: 
   
   Problem Findings -The significant issues contained in a monitoring report 
issued by the department that identify non-compliance with JTPA policy, 
subrecipient job training plans, or contractual requirements. 
   
   Recurring Problem -Any problem or finding identified from one program year to 
the next and reflecting substantially the same circumstances or programmatic 
flaws previously identified. These problems or findings are not by category or 
area of review. 
 
   
  sec.187.172. State Monitoring. 
 
  (a) Each SDA/SSA shall be monitored annually by the department to assess the 
subrecipient's administrative, fiscal, contractual and program activities. State 
monitoring includes the following: 
 
  (1) evaluation of SDA/SSA policies for program quality and outcomes to ensure 
compliance with the objectives of the Federal Act and its regulations; 
   
  (2) determination of whether SDA/SSAs have demonstrated substantial compliance 
with oversight requirements; 
   
  (3) evaluation of job training plans to ensure they meet the criteria 
contained in Federal Act, sec.105(b)(1); and 
   
  (4) examination of SDA/SSA expenditures against the cost categories and cost 
limitations specified in the Federal Act and its regulations. 
     
  (b) The state monitors also review on-site problem resolution, management 
observations, quality programming, and technical assistance needs of each 
subrecipient, and the department may conduct unscheduled monitoring visits if it 
receives notice of possible violations of program activities. 
 
     
  sec.187.173. The Monitoring Report. The department will prepare a monitoring 
report which shall describe any possible violations discovered during a 
monitoring review and detail the required corrective action to be taken by the 
subrecipient to correct an alleged violation. 
 
   
  sec.187.174. Responses to Monitoring Reports. 
 
  (a) The SDA/SSA shall provide the department with an initial response to the 
problems or findings in a monitoring report within 30 calendar days from the 
SDA/SSA's receipt of the report. If the SDA/SSA's response proposes acceptable 
corrective action and no further verification is required, the department will 
issue a letter closing the report. If the response is unacceptable, or 
verification is inadequate, the SDA/SSA shall be required to perform additional 
corrective actions or provide additional documentation. The department may also 
conduct an on-site monitoring visit during this phase. 
   
  (b) Follow-up responses from the SDA/SSA shall be due every 15 days after the 
initial response until all findings have been resolved. The SDA/SSA shall 
provide additional information to be considered concerning the violation and 
indicate the proposed corrective action and the time line for completion of the 
corrective action. 
   
  (c) If the SDA/SSA does not fully resolve all problems or findings within 180 
days after the receipt of the monitoring report, sanctions shall be imposed, as 
provided in sec.sec.187.180-187.188 of this title (relating to State Sanctions 
Policy and Procedures). 
 
     
  sec.187.175. Local Monitoring Plan Development. Each SDA/SSA shall develop its 
own local-level monitoring plan which shall be made part of its job training 
plan. SDA/SSA local-level monitoring plans shall use and incorporate all 
Technical Assistance Guides (TAGS) provided by DOL, and shall include the 
following: 
 
  (1) a schedule or time table for monitoring all JTPA funded activities and 
subcontractors including annual reviews of the subcontracts; 
   
  (2) management review of all monitoring reports to include acknowledgment of 
receipt and written responses to the report recommendations; 
   
  (3) copies of all monitoring reports to the affected JTPA staff of the unit 
monitored; and 
   
  (4) copies of all written reports, responses, and back-up material, documents 
and notes collected in conjunction with each monitoring review, which records 
will be retained by each SDA/SSA for three years after the date each record is 
established, or until any litigation, audit, investigation or claim involving 
such record has been finally resolved. 
 
     
  sec.187.176. Subrecipient Roles and Responsibilities. 
 
  (a) The SDA/SSA shall assign the responsibility for monitoring to a specific 
person or group to carry out an organized, comprehensive review of designated 
JTPA program administration and activities. The SDA/SSA shall provide adequate 
staff and training to implement monitoring activities on a regular and timely 
basis to ensure compliance with JTPA requirements. 
   
  (b) The SDA/SSA must schedule monitoring reviews on a formal basis. The 
initial monitoring reviews of subcontractors should occur during the early 
stages of a contract for monitoring efforts to be effective in identifying and 
correcting problem areas to prevent liabilities in the form of disallowed costs. 
   
  (c) The SDA/SSA staff assigned to monitoring responsibilities shall: 
 
  (1)  report to the executive director or equivalent level of management to 
ensure appropriate action on problems and recommendations; 
   
  (2)  document its monitoring activities and the resulting problem 
identifications; 
   
  (3) make recommendations for corrective action whenever noncompliance with 
JTPA requirements is identified; and 
   
  (4)  conduct follow-up reviews to ensure that corrective actions have fully 
resolved all problems or findings and that technical assistance is provided as 
needed. 
     
  (d) The SDA/SSA staff, however, shall not monitor any program, activity or 
managerial administrative function which they directly administer. 
   
  (e) The monitoring reports shall identify problems of noncompliance with JTPA 
laws and regulations and provide recommendation for corrective action and 
guidance to enhance program quality. The SDA/SSA monitoring staff shall consult 
with appropriate resource persons or department staff to analyze their 
compliance problems and develop appropriate recommendations. 
 
     
  sec.187.177. Assessment of Subrecipient Monitoring Functions.  To ensure that 
its local monitoring function is being performed in a comprehensive and 
effective manner, the SDA/SSA management shall: 
 
  (1)  require periodic written reports to management outlining monitoring 
reviews, noncompliance issues, and the status of corrective actions (copies of 
such reports to be provided to the PIC, Chief Elected Official and interested 
SDA/SSA staff); 
   
  (2) hold officially-documented briefings to the PIC or appropriate 
subcommittee at its regularly scheduled meetings; and 
   
  (3)  require an annual independent review of the monitoring function to 
determine its effectiveness in meeting the subrecipient's monitoring plan 
requirements. 
 
     
  sec.187.178. PIC Oversight Standards. 
 
  (a) Pursuant to 20 CFR, sec.627.475, the following general standards for 
private industry council oversight responsibilities are established. Each 
SDA/SSA shall develop a local policy to ensure the following: 
 
  (1) PIC members are informed of their responsibility to independently monitor 
and oversee all JTPA funded activities including approval of the local 
Monitoring Plan; 
   
  (2) the PIC receives regular reports on all state or federal audits and 
monitoring reviews of the subrecipient, as well as audits and monitoring reviews 
performed by the local monitoring staff; 
   
  (3) the subrecipient's monitoring is available to and provides monitoring 
reports and information as requested on a regular basis to the PIC member(s) or 
committee responsible for independent oversight; and 
   
  (4) PIC members are provided the opportunity to attend training and receive 
technical assistance to enable them to perform proficiently in their oversight 
role. 
     
  (b) The PIC may delegate to a member or committee the responsibility to review 
and recommend action on all audits and monitoring reports received by the 
administrative entity. 
 
     
  sec.187.179. State Sanctions Policy and Procedures.  The department may impose 
sanctions or penalties on subrecipients that are not in compliance with JTPA 
statutes, regulations or rules. Examples of noncompliance include the following: 
 
  (1) failure to take corrective action to resolve monitoring problems or 
findings within the time specified in sec.187. 174 of this title (relating to 
Responses to Monitoring Reports); 
   
  (2)  failure to respond to audit resolution issues within the time specified 
in sec.187.195 of this title (relating to Routine Audit Resolution Time 
Sequence); 
   
  (3) failure to take timely corrective action for a violation of procurement 
standards, as set forth in Subchapter F of this title (relating to Financial 
Management Rules); and 
   
  (4) failure to meet performance standards or take required corrective action 
pursuant to a technical assistance plan developed under sec.187.186 of this 
title (relating to Technical Assistance Plan). 
 
     
  sec.187.180. Sanctions Procedures. 
 
  (a) The department's executive director shall send a notice of pending 
sanctions to the SDA/SSA, the PIC chair, and the Chief Elected Official, 
indicating the violation, the corrective action to be taken, the impending 
sanction, and the process by which the SDA/SSA may appeal the sanction. 
   
  (b) The deliberateness, gravity and frequency of the violation shall determine 
the type and degree of sanctions, which may include the following: 
 
  (1) restrictions on drawdown of funds; 
   
  (2) suspension or revocation of all or part of a job training plan; substate 
plan, or contract; 
   
  (3) imposition of a reorganization plan; or 
   
  (4) such changes as deemed necessary by the department to secure compliance. 
 
       
  sec.187.181. Repeated Problems or Findings. 
 
  (a) If a state monitoring review reveals repeated findings that have not been 
corrected from a prior year's monitoring report, the SDA/SSA shall be deemed to 
be in continued violation. 
   
  (b) The department's executive director shall consider imposing sanctions if 
it is determined that a continued violation by an SDA/SSA constitutes willful 
disregard of these rules, gross negligence, or failure to observe accepted 
standards of administration, and is of significant impact to program quality or 
outcomes. The department's executive director may request the State Council to 
recommend to the governor a revocation of all or part of the SDA/SSA's job 
training plan. 
 
     
  sec.187.182. Imposition of Sanctions. 
 
  (a) If an SDA/SSA does not provide the department with evidence of 
implementation of required corrective action within tens days of the SDA/SSA's 
receipt of a notice of impending sanctions, the department's executive director 
shall notify the SDA/SSA, the PIC Chair, and the Chief Elected Official that an 
appropriate sanction is being imposed upon the SDA/SSA until such time that 
necessary action is taken to correct the violation. 
   
  (b) If the initial sanction imposed is insufficient to correct the violation, 
the department's executive director will recommend to the governor the issuance 
of a notice of intent to revoke all or part of the SDA/SSA's job training plan 
and/or contract, subject to the provisions for appeal in Federal Act, 
sec.164(b)(2)(A). 
   
  (c) The department's executive director will postpone sanctions if 
satisfactory evidence is received of the initiation of required corrective 
action within 10 days of the SDA/SSA's receipt of the notice of impending 
sanctions. The postponement shall continue until corrective action by the 
SDA/SSA has been completed and verified. The department's executive director 
shall implement sanctions if such corrective action is not completed or remains 
unverified. 
 
     
  sec.187.183. Technical Assistance and Reorganization. Pursuant to Federal Act, 
sec.106(j)(2), the department has developed the procedures described in 
sec.sec.187.185-187.188 of this title (relating to Technical Assistance and 
Reorganization) to implement policies for providing technical assistance to any 
SDA/SSA which does not meet performance standards under the criteria established 
in Subchapter D of this title (relating to Performance Standards). 
 
   
  sec.187.184. Failure to Meet Performance Standards.  If a monitoring report or 
the performance report generated by the Management Information System (MIS), or 
any other periodic report, indicates that an SDA/SSA has failed to meet any 
performance standards, the department will review the subrecipient's JTPA 
program to identify the program factors or conditions contributing to such 
failure. 
 
   
  sec.187.185. Technical Assistance Plan. 
 
  (a) The SDA/SSA in conjunction with the department shall develop a technical 
assistance plan which will include the following: 
 
  (1) identification of the failed standards; 
   
  (2) identification of program deficiencies which contributed to the failure; 
   
  (3) analysis of any compliance problems or audit findings; 
   
  (4) description of extenuating circumstances contributing to the failure; 
   
  (5) description of SDA/SSA actions proposed to enhance performance; 
   
  (6) description of state technical assistance to be provided; 
   
  (7) a time line for corrective actions; and 
   
  (8) a listing of expected results of corrective actions. 
     
  (b)  The technical assistance plan shall be executed by the SDA/SSA director, 
the PIC chair, the Chief Elected Official(s) and the department's executive 
director, to be effective no later than October 31 following the issuance of the 
latest annual MIS performance report on the subject SDA/SSA. 
   
  (c)  The subject SDA/SSA shall conduct monthly reviews of the technical 
assistance plan and provide the department with a written report on corrective 
actions taken. 
 
     
  sec.187.186. SDA/SSA Reorganization Plan due to Consecutive Failure. 
 
  (a) An SDA/SSA which fails to meet particular performance standards for a 
second consecutive program year is subject to reorganization pursuant to Federal 
Act, sec.106(j)(4). The department shall make such assessment after a 
comprehensive review of an SDA/SSA's JTPA programs, including a review of the 
following: 
 
  (1) the effectiveness of technical assistance plans and corrective actions for 
the previous year; 
   
  (2) the SDA/SSA's procurement activities and subcontracts; 
   
  (3) the SDA/SSA's administrative capabilities; and 
   
  (4) the effectiveness of the PIC in its oversight of SDA/SSA programs and 
activities. 
     
  (b) Based on the comprehensive review outlined in subsection (a) of this 
section, the department shall develop, and recommend to the State Council for 
final recommendation to the governor, an SDA/SSA reorganization plan which will 
detail specific actions to be taken by the SDA/SSA to strengthen its 
administration and improve its program performance. The SDA/SSA reorganization 
plan will incorporate elements of the technical assistance plan implemented in 
the previous year, including an assessment of the reasons for the SDA/SSAs 
failure to improve performance, and shall prescribe the required corrective 
actions, which may include the elements described in Federal Act, sec.106(j)(4) 
(B). 
   
  (d) The subject SDA/SSA shall conduct monthly reviews of the reorganization 
plan and provide the department with a written report on corrective actions 
taken. 
   
  (e) An SDA/SSA that is subject to a reorganization plan may appeal to the 
Secretary of Labor to rescind or revise such plan under the provisions of 
Federal Act, sec.106(j)(6) and 20 CFR, sec.627. 471. 
 
     
  sec.187.187. Sanctions for Continued Violations. The department's executive 
director shall impose the sanction procedures provided for in sec.sec.187.180-
187.183 of this title (relating to State Sanctions Policy and Procedures) if it 
is determined that continued failure by an SDA/SSA to meet performance standards 
or take required corrective action constitutes evidence of willful disregard of 
the technical assistance plan or the State and Federal JTPA Acts. 
 
   
  sec.187.188. Subrecipient Annual Audit Requirement. 
 
  (a)  Pursuant to 20 CFR, sec.627.480, each subrecipient of JTPA funds shall 
arrange for an annual financial and compliance audit, conducted by an 
independent public auditor, on funds received under the Act, Titles I-IV, except 
when otherwise required by state law. 
   
  (b) Such audits shall be conducted pursuant to the compliance standards and 
references for non-federal audits prescribed in 20 CFR, sec.627.480(a), for the 
subrecipient categories of governments, non-governmental subrecipients, and 
commercial organizations which are subrecipients and receive $25,000 or more a 
year in federal funds to operate a JTPA program. The subrecipient shall provide 
the department with a copy of the audit report within 180 days from the end of 
the JTPA fiscal year. 
 
     
  sec.187.189. Audit Costs. <ol> The costs of audits made in accordance with the 
provisions of Office of Management and Budget (OMB) Circular A-128, and 20 CFR, 
sec.627.435, are allowable charges if such costs are necessary and reasonable to 
administer a JTPA program. Additional audits of economy, efficiency and program 
results may be performed by the subrecipient and are allowable costs. 
 
   
  sec.187.190. Competitive Bidding to Procure Auditor. 
 
  (a) As provided in the Single Audit Act of 1984 (P.L. 98-502), a competitive 
bidding process shall be used by all subrecipients to engage an independent 
public auditor. 
   
  (b) Any subrecipient that engages the same independent public auditor to 
perform the required annual audits for more than five consecutive years will be 
required to demonstrate the continuing independence of such auditor. This 
requirement applies to the individual auditor as well as the auditor's firm or 
organization. 
 
     
  sec.187.191. Contents of Audit Report. 
 
  (a) The independent audit report submitted to the department should be guided 
by the rules in this subchapter and the following laws or publications: 
 
  (1) the Single Audit Act of 1984 (P. L. 98-502); 
   
  (2) American Institute of Certified Public Accountants (AICPA) Industry Audit 
Guide, Audits of State and Local Government Units; 
   
  (3) American Institute of Certified Public Accountants (AICPA) Industry Audit 
Guide, Audits of Certain Non-Profit Organizations; and 
   
  (4) the department's JTPA Financial Management Handbook. 
     
  (b) The audit report must include a copy of the independent auditor's final 
letter to management and, as a minimum, a supplemental statement of revenues and 
expenditures for JTPA funds for each contract under which funds are received, 
including: 
 
  (1) federal flow-through revenues; 
   
  (2) non-federal matching funds; 
   
  (3) detail of expenditures by cost categories; 
   
  (4) fund balances at the beginning and end of the audit period; 
   
  (5) a schedule reconciling any differences in reported expenditures in the 
closeout and the audit; and 
   
  (6) expenditures by adult and youth categories. 
 
       
  sec.187.192. Subrecipient Annual Audit Plan. Subrecipients must maintain an 
annual audit plan to establish minimum standards and procedures for audit 
reports and corrective action plans to resolve problem audit findings. Such 
audit plan must include, as a minimum: 
 
  (1) audit schedules and work plans indicating the subrecipient's fiscal year 
end and reporting due dates; 
   
  (2) procedures for timely review of audit findings and resolution of problem 
audit findings; and 
   
  (3) procedures for review of subcontractor audits and resolution of problem 
audit findings and questioned costs. 
 
     
  sec.187.193. Audit Submissions. 
 
  (a) Within 180 days after the close of a subrecipient's fiscal year, the 
subrecipient shall forward to the Audit Resolution Section of the Texas 
Department of Commerce (Audit Section), an audit report completed in accordance 
with 20 CFR, sec. s627.480 and 187. 189-187.193 of this title (relating to 
Subrecipient Audit Responsibility). 
   
  (b) Subrecipients must take corrective action, including debt collection for 
disallowed costs, to resolve any audit problem findings that impact a JTPA 
program. Such corrective actions must be instituted within six months after 
receipt of an audit report by the Audit Section. 
   
  (c)  Subrecipients may submit to the Audit Section additional documentation 
pertaining to any resolution findings or questioned costs identified in an audit 
report. 
 
     
  sec.187.194. Informal Resolution Process. 
 
  (a) After review of the audit by the department, the department will issue an 
Initial Determination Letter to the subrecipient offering the opportunity to 
informally resolve issues not resolved during the routine audit resolution 
process. The subrecipient may submit additional documentation or meet with 
officials of the department to discuss the allowability of any remaining 
questioned costs. The Initial Determination Letter will also include 
administrative findings that remain unresolved as well as sanctions that the 
department may impose if a resolution is not timely reached. 
   
  (b) The department shall issue a Final Determination Letter detailing the 
remaining issues if problem findings are not completely resolved during the 
Informal Resolution Process. If these issues include questioned costs, and there 
is no additional information to support the costs, the costs will be disallowed 
and a debt by the subrecipient shall be established by the department. 
 
     
  sec.187.195. Failure to Submit Audit. The department shall issue a delinquent 
notice to a subrecipient if an audit is not received within 180 days from the 
end of the subrecipient's fiscal year. If no response is received within 15 days 
from the delinquent notice date, the department shall issue a certified letter 
providing the subrecipient with a final 15-day period to respond. If no response 
is received to either notice, the executive director of the department may 
withhold funds on any of the subrecipient's current contracts pending receipt of 
the audit report, or may issue other sanctions as provided in sec.187.180 of 
this title (relating to Sanctions Procedures). 
 
   
  sec.187.196. Appeals from Final Determinations. A Final Determination Letter 
issued pursuant to sec.187.194 of this subchapter (relating to Informal 
Resolution Process) shall provide the subrecipient with notice of the right to 
appeal an adverse determination and shall outline the procedure for making such 
appeal. 
 
  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 May 2, 1994. 
 TRD-9440381 
  Deborah C. Kastrin 
 Executive Director 
 Texas Department of Commerce 
    Proposed date of adoption: September 1, 1994 
 For further information, please call: (512) 320-1809 
         
                 
  TITLE 22. EXAMINING BOARDS 
 Part VI. Texas State Board of Registration for Professional Engineers 
  Chapter 131. Practice and Procedure 
  
  Application for Registration 
 
  22 TAC sec.131.54 
 
  The Texas State Board of Registration for Professional Engineers proposes an 
amendment to sec.131.54, general application information. Subsection (d) of the 
section is amended to clarify the supplemental documents which must be submitted 
with an application for registration and also provide for the acceptance of an 
incomplete application pending receipt of documents from third-party sources 
over which the applicant has no control. Subsection (e) is amended to delete 
redundant language. 
 Charles E. Nemir, P.E., executive director, has determined that for the first 
five-year period the rule is in effect there will be no fiscal implications for 
state or local government as a result of enforcing or administering the rule. 
 Mr. Nemir also has determined that for each year of the first five years the 
rule is in effect the public benefit anticipated as a result of enforcing the 
rule will be clarification of the application submission requirements. There 
will be no effect on small businesses as a result of enforcing the rule. There 
is no anticipated economic cost to persons who are required to comply with the 
rule as proposed. 
 Comments on the proposal may be submitted to Charles E. Nemir, P.E., Executive 
Director, Texas State Board of Registration for Professional Engineers, P.O. 
Drawer 18329, Austin, Texas 78760. 
 The amendment is proposed 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.131.54. General Application Information. 
 
  (a)-(c) (No change.) 
   
  (d) <nl>Certain items must be submitted for an application to be considered 
complete. The executive director may accept an incomplete application pending 
receipt of documents from third-party sources over which the applicant has no 
control. Such documents may include transcripts and verifications from other 
states. Reference statements must be included with the application. For an 
application to be considered complete, it must include the following: <ol> [The 
executive director may accept an application prior to the receipt of 
supplemental documents such as transcripts of degrees over which the applicant 
has no control as to time of submission to the board. The board will not 
consider an application until the following are provided:] 
 
  (1)-(2) (No change.) 
   
  (3) <nl>official<ol> transcript(s) of degree(s) <nl>in accordance with 
sec.131.93 of this title (relating to Transcripts); 
   
  (4) (No change.) 
   
  (5) <nl>official<ol> documentation <nl>from the appropriate examining 
board<ol> verifying that the applicant has passed the fundamentals of 
engineering examination; 
   
  (6)-(7) (No change.) 
     
  (e) The board may request additional information or the executive director may 
recommend the applicant provide additional information. If an applicant declines 
to provide additional information for an accepted application as recommended by 
the executive director, the application will be referred for board consideration 
with documentation of such declination. If, after notification in writing, the 
applicant fails to provide any part of the required information for <nl>a 
complete<ol> [an accepted] application  <nl>within the time specified <ol> [by 
the deadlines set] by the executive director, the application will be referred 
to the board to be not approved as an incomplete application. [For an accepted 
application to be considered complete, it must contain at minimum the 
application form, the supplementary experience record, transcript(s) of 
degree(s), and reference statements.] Withholding information, 
misrepresentation, or untrue statements on the application for registration or 
supplemental experience documents <nl>may<ol> [will] be cause for rejection of 
the application. 
   
  (f)-(g) (No change.) 
 
  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 May 5, 1994. 
 TRD-9440413 
  Charles E. Nemir, P.E. 
 Executive Director 
 Texas State Board of Registration for Professional Engineers 
    Proposed date of adoption: June 14, 1994 
 For further information, please call: (512) 440-7723 
         
             
  Engineering Experience 
 
  22 TAC sec.131.81 
 
  The Texas State Board of Registration for Professional Engineers proposes an 
amendment to sec.131.81, concerning experience evaluation. Paragraph (12) of the 
section is amended to delete the erroneous exemption under sec.21 of the Texas 
Engineering Practice Act, which is no longer applicable. 
 Charles E. Nemir, P.E., executive director, has determined that for the first 
five-year period the rule is in effect there will be no fiscal implications for 
state or local government as a result of enforcing or administering the rule. 
 Mr. Nemir also has determined that for each year of the first five years the 
rule is in effect the public benefit anticipated as a result of enforcing the 
rule will be the elimination of the erroneous language. There will be no effect 
on small businesses as a result of enforcing the rule. There is no anticipated 
economic cost to persons who are required to comply with the rule as proposed. 
 Comments on the proposal may be submitted to Charles E. Nemir, P.E., Executive 
Director, Texas State Board of Registration for Professional Engineers, P.O. 
Drawer 18329, Austin, Texas 78760. 
 The amendment is proposed 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.131.81. Experience Evaluation. <ol> The evaluation of the engineering 
experience claimed by an applicant for registration under the Texas Engineering 
Practice Act (the Act), sec.12(a)(1), (2), or  s21, will include, but not be 
restricted to, the following. 
 
  (1)-(11) (No change.) 
   
  (12) Applicants who claim foreign engineering experience must have, in 
addition to other experience, at least two years of engineering experience in 
the United States and show that they have learned to use the United States 
standards, codes, and other engineering procedures in their engineering practice 
[except those who are applying under the Act, sec.21]. Engineering experience 
claimed for a graduate degree in engineering will not be acceptable for the 
experience requirement of this paragraph. 
   
  (13)-(18) (No change.) 
 
  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 May 5, 1994. 
 TRD-9440414 
  Charles E. Nemir, P.E. 
 Executive Director 
 Texas State Board of Registration for Professional Engineers 
    Proposed date of adoption: June 14, 1994 
 For further information, please call: (512) 440-7723 
         
             
  Education 
 
  22 TAC sec.131.93 
 
  The Texas State Board of Registration for Professional Engineers proposes an 
amendment to sec.131.93, concerning transcripts. The section is amended to 
specify that a transcript must be provided to the board from each school from 
which an engineering degree or 15 or more semester hours of credit in 
engineering science or mathematics are claimed on an application for 
registration. 
 Charles E. Nemir, P.E., executive director, has determined that for the first 
five-year period the rule is in effect there will be no fiscal implications for 
state or local government as a result of enforcing or administering the rule. 
 Mr. Nemir also has determined that for each year of the first five years the 
rule is in effect the public benefit anticipated as a result of enforcing the 
rule will be clarification that a transcript must be provided from each school 
from which an engineering degree or 15 or more semester hours of credit in 
engineering science or mathematics are claimed. There will be no effect on small 
businesses as a result of enforcing the rule. There is no anticipated economic 
cost to persons who are required to comply with the rule as proposed. 
 Comments on the proposal may be submitted to Charles E. Nemir, P.E., Executive 
Director, Texas State Board of Registration for Professional Engineers, P.O. 
Drawer 18329, Austin, Texas 78760. 
 The amendment is proposed 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.131.93. Transcripts.  An official transcript bearing the seal of the 
institution involved must be provided to the board for each school from which an 
engineering degree or 15 or more semester hours of credit <nl>in engineering 
science or mathematics<ol> are claimed on an application, regardless of the 
section of the Act under which application is being made. The applicant is 
responsible for ordering and paying for all such transcripts, which are to be 
forwarded directly to the board office by the respective registrars. Normally, 
if a legible transcript has be received and accepted for an application, a 
similar transcript need not be submitted to support any subsequent application 
from the same applicant. 
 
  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 May 5, 1994. 
 TRD-9440415 
  Charles E. Nemir, P.E. 
 Executive Director 
 Texas State Board of Registration for Professional Engineers 
    Proposed date of adoption: June 14, 1994 
 For further information, please call: (512) 440-7723 
         
           
  Examinations 
 
  22 TAC sec.131.103 
 
  The Texas State Board of Registration for Professional Engineers proposes an 
amendment to sec.131.103, concerning engineer-in-training. The section is 
amended to specify that a degree in engineering or engineering-related science 
must be a bachelor's degree. 
 Charles E. Nemir, P.E., executive director, has determined that for the first 
five-year period the rule is in effect there will be no fiscal implications for 
state or local government as a result of enforcing or administering the rule. 
 Mr. Nemir also has determined that for each year of the first five years the 
rule is in effect the public benefit anticipated as a result of enforcing the 
rule will be clarification that an engineering or engineering-related science 
degree must be a bachelor's degree. There will be no effect on small businesses 
as a result of enforcing the rule. There is no anticipated economic cost to 
persons who are required to comply with the rule as proposed. 
 Comments on the proposal may be submitted to Charles E. Nemir, P.E., Executive 
Director, Texas State Board of Registration for Professional Engineers, P.O. 
Drawer 18329, Austin, Texas 78760. 
 The amendment is proposed 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.131.103. Engineer-in-Training. <ol> Individuals who have an EAC/ABET-
accredited engineering degree or a <nl>bachelor's<ol> [four year] degree in 
engineering or engineering-related science approved by the board and have 
successfully passed the fundamentals of engineering examination are eligible to 
apply for engineer-in-training certification. 
 
  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 May 5, 1994. 
 TRD-9440416 
  Charles E. Nemir, P.E. 
 Executive Director 
 Texas State Board of Registration for Professional Engineers 
    Proposed date of adoption: June 14, 1994 
 For further information, please call: (512) 440-7723 
         
           
  Board Review of Application 
 
  22 TAC sec.131.112 
 
  The Texas State Board of Registration for Professional Engineers proposes an 
amendment to sec.131.112, concerning approved applications. The section is 
amended to include sec.21 of the Texas Engineering Practice Act under which an 
application for registration will be reviewed. 
 Charles E. Nemir, P.E., executive director, has determined that for the first 
five-year period the section is in effect there will be no fiscal implications 
for state or local government as a result of enforcing or administering the 
section. 
 Mr. Nemir also has determined that for each year of the first five years the 
rule is in effect the public benefit anticipated as a result of enforcing the 
rule will be clarification that an application for registration will be reviewed 
under sec.21 of the Act. There will be no effect on small business as a result 
of enforcing the rule. There is no anticipated economic cost to persons who are 
required to comply with the rule as proposed. 
 Comments on the proposal may be submitted to Charles E. Nemir, P.E., Executive 
Director, Texas State Board of Registration for Professional Engineers, P.O. 
Drawer 18329, Austin, Texas 78760. 
 The amendment is proposed 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.131.112. Approved Applications. <ol> The executive director or the 
designated representative will review an application for registration under the 
Texas Engineering Practice Act (the Act), sec.12(a)(1), (2), or <nl>sec.21,<ol> 
and will recommend approval or non-approval of the applicant's engineering 
experience and education after which the application will be circulated to the 
engineer board members for review. 
 
  (1)-(7) (No change.) 
 
  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 May 5, 1994. 
 TRD-9440417 
  Charles E. Nemir, P.E. 
 Executive Director 
 Texas State Board of Registration for Professional Engineers 
    Proposed date of adoption: June 14, 1994 
 For further information, please call: (512) 440-7723 
         
                 Part VIII. Texas Appraiser Licensing and Certification Board 
  Chapter 153. Provisions of the Texas Appraiser Licensing and Certification Act 
  
  22 TAC sec.sec.153.1, 153.20, 153.21, 153.35, 153.37 
 
  The Texas Appraiser Licensing and Certification Board proposes amendments to 
sec.153.1, concerning Definitions; sec.153.20, concerning Guidelines for 
Revocation and Suspension; sec.153.21, concerning Appraiser Trainees; 
sec.153.35, concerning Recordkeeping; and sec.153.37, concerning Offenses. 
 The proposed amendment to sec.153.1 will add the words "or appraiser services" 
to duties an appraiser trainee may perform. 
 The proposed amendment to sec.153.20 will use the words "appraiser services" in 
place of "appraisal services" or "appraisals" to clarify the intention. 
Provisions have been added concerning full disclosure. False or misleading 
conduct or advertising is specifically prohibited. 
 The proposed amendment to sec.153.21 adds "appraiser services" to the duties an 
appraiser trainee may perform and conforms with amendment to sec.153.1, listed 
above. 
 Proposed amendments to sec.153.35 and sec.153.37 replace the words "appraisal" 
with "appraiser services" to clarify intentions. 
 Renil C. Liner, commissioner, has determined that for the first five-year 
period the sections are in effect there will be no additional cost to state or 
local government as a result of enforcing or administering the sections. 
 Mr. Liner also has determined that for each year of the first five years the 
sections are in effect the public benefit anticipated as a result of enforcing 
the sections will be clarification of the type of activity which is being 
regulated. 
 There will be no effect on small businesses. There will be no local employment 
impact. There is no anticipated economic cost to persons who are required to 
comply with the sections as proposed. 
 Comments on the proposal may be submitted to Renil C. Liner, Commissioner, 
Texas Appraiser Licensing and Certification Board, P.O. Box 12188, Austin, Texas 
78711-2188. 
 The amendments are proposed under Texas Civil Statutes, Article 6573a.2, the 
Texas Appraiser Licensing and Certification Act, sec.5, which provide the Texas 
Appraiser Licensing and Certification Board with authority to adopt rules for 
the licensing and certification of real estate appraisers. 
 
 
  sec.153.1. Definitions.  The following words and terms, when used in this 
chapter, shall have the following meanings, unless the context clearly indicates 
otherwise. 
   
   Appraiser Trainee -A person approved by the Texas Appraiser Licensing and 
Certification Board to perform appraisals <nl>or appraiser services<ol> under 
the direction of a sponsoring certified appraiser. 
 
   
  sec.153.20. Guidelines for Revocation and Suspension; Investigations. 
 
  (a) The board may suspend or revoke a license or certification issued under 
the provisions of the Act at any time when it has been determined that the 
person holding the license or certification: 
 
  (1)-(3) (No change.) 
   
  (4) has accepted payment for <nl>appraiser <ol> [appraisal] services and has 
failed to deliver the agreed service in the agreed upon manner; 
   
  (5) has refused to refund payment received for <nl>appraiser <ol> [appraisal] 
services when he or she has failed to deliver the <nl>appraiser <ol> [appraisal] 
service in the agreed upon manner; 
   
  (6) has accepted payment for services contingent upon a minimum, maximum, or 
pre-agreed value estimate <nl>except <ol> when such action would <nl>not<ol> 
interfere with the appraiser's obligation to provide an independent and 
impartial opinion of value <nl>and full disclosure of the contingency is made; 
   
  (7) has offered to perform <nl>appraiser <ol> [appraisal] services or has 
agreed to perform such services when employment to perform such services is 
contingent upon a minimum, maximum, or pre-agreed value estimate <nl>except <ol> 
when such action would <nl>not<ol> interfere with the appraiser's obligation to 
provide an independent and impartial opinion of value <nl>and full disclosure of 
the contingency is made; 
   
  (8)-(11) (No change.) 
   
  (12) has failed to actively, personally, and diligently supervise an appraiser 
trainee under his or her sponsorship or any person not licensed or certified 
under the Act who assists the licensee or certificate holder in performing real 
estate <nl>appraiser services<ol> [appraisals]; 
   
  (13) has had a final civil judgement entered against him or her on grounds of 
fraud or willful or grossly negligent misrepresentation in the making of 
<nl>real estate appraiser services<ol> [an appraisal of real estate] . 
   
  (14) (No change.) 
   
  <nl>(15) has knowingly or intentionally engaged in false or misleading conduct 
or advertising with respect to client solicitation. 
     
  (b)-(n) (No change.) 
 
     
  sec.153.21. Appraiser Trainees. 
 
  (a) A person desiring to be an appraiser trainee under the sponsorship of one 
or more state certified appraisers may apply to the board on the application 
form prescribed by the board. A prospective trainee must be a citizen of the 
United States or a lawfully admitted alien; be at least 18 years of age; be a 
legal resident of this state for at least 60 days immediately before the filing 
of the application; and satisfy the board as to the prospective trainee's 
honesty, trustworthiness, and integrity. Once a person is approved as an 
appraiser trainee by the board, the person may perform appraisals <nl>or 
appraiser services<ol> only under the direction and direct supervision of a 
sponsoring certified appraiser unless one of the following events occurs: 
 
  (1)-(3) (No change.) 
     
  (b)-(f) (No change.) 
 
     
  sec.153.35. Recordkeeping.  A person licensed or certified under the Act shall 
retain all business records relating to <nl>appraiser services <ol> [an 
appraisal] performed by the applicant or person for at least five years after 
the date of the <nl>appraiser service<ol> [appraisal]. 
 
   
  sec.153.37. Offenses. 
 
  (a) A person not licensed or certified under the Act commits a Class B 
misdemeanor if the person knowingly or intentionally uses any title, 
designation, initials, or other insignia or identification that would mislead 
the public as to the person's credentials, qualifications, competency, or 
ability to perform certified or licensed <nl>appraiser<ol> [appraisal] services. 
   
  (b) (No change.) 
 
  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 May 3, 1994. 
 TRD-9440325 
  Renil C. Liner 
 Commissioner 
 Texas Appraiser Licensing and Certification Board 
    Earliest possible date of adoption: June 13, 1994 
 For further information, please call: (512) 465-3950 
         
             Chapter 157. Rules Relating to Professional Conduct and Ethics 
  
  22 TAC sec.sec.157.1-157.5 
 
  The Texas Appraiser Licensing and Certification Board proposes new 
sec.sec.157.1-157.5, concerning Rules Relating to Professional Conduct and 
Ethics. 
 The proposed new rules require a certified or licensed real estate appraiser to 
communicate his or her opinion and advice in a way that will not be misleading. 
They may not engage in conduct that is unlawful, unethical or improper. Section 
157.1 concerns Professional Independence. Section 157.2 relates to Hypothetical 
Conditions. Section 157.3 deals with Undisclosed Fees. Section 157.4 relates to 
Confidentiality. The new rules will help clarify appropriate professional 
conduct and ethics and provides the listed unethical behavior as a violation of 
sec.153.20(a)(2), which could result in revocation or suspension of licensure. 
The proposed rules are in compliance with federal Title XI, FIRREA (12 U.S.C., 
sec.3331 et seq.) and its interpretations and guidelines. 
 Renil C. Liner, commissioner, has determined that for the first five-year 
period the sections are in effect there will be no additional cost to state or 
local government as a result of enforcing or administering the sections. 
 Mr. Liner also has determined that for each year of the first five years the 
sections are in effect the public benefit anticipated as a result of enforcing 
the sections is to provide better protection to the public and clarify the type 
of appraiser-related activities which are unacceptable. 
 There will be no effect on small businesses. There will be no local employment 
impact. There is no anticipated economic cost to persons who are required to 
comply with the sections as proposed. 
 Comments on the proposal may be submitted to Renil C. Liner, Commissioner, 
Texas Appraiser Licensing and Certification Board, P.O. Box 12188, Austin, Texas 
78711-2188. 
 The new sections are proposed under Texas Civil Statutes, Article 6573a.2, the 
Texas Appraiser Licensing and Certification Act, sec.5(5), which provide the 
Texas Appraiser Licensing and Certification Board with authority to adopt rules 
establishing a code of professional conduct and ethics for certified or licensed 
real estate appraisers. 
 
 
  sec.157.1. General.  It is essential that a licensed, certified, or registered 
appraiser arrive at and communicate his or her opinion and advice in a manner 
that will not intentionally mislead the consumers of appraiser services in the 
marketplace. An appraiser must perform ethically and competently. All licensed, 
certified, or registered appraisers must not engage in conduct that is unlawful, 
unethical, or improper and must comply with the following standards. If an 
appraiser acts in a manner deemed unethical by these rules, the appraiser has 
committed a violation under sec.153.20(a)(2) of this title (relating to 
Guidelines for Revocation and Suspension; Investigation). 
 
   
  sec.157.2. Professional Independence. <ol> An appraiser must reasonably be 
perceived to act as a disinterested third party. An appraiser must render an 
unbiased appraiser service and must perform assignments with independence. 
 
   
  sec.157.3. Hypothetical Conditions. <ol> The development of an appraiser 
service based on a hypothetical condition is unethical unless the report clearly 
describes the rationale for this assumption, the nature of the hypothetical 
condition, and its effect on the result of the appraiser service. 
 
   
  sec.157.4. Undisclosed Fees. <ol> The payment of undisclosed fees, 
commissions, or things of value in connection with the procurement of appraiser 
services is unethical. 
 
   
  sec.157.5. Confidentiality.  An appraiser must protect the confidential nature 
of the appraiser-client relationship. 
 
  (1) An appraiser must not disclose confidential factual data obtained from a 
client or the results of an assignment prepared for a client to anyone other 
than: 
 
  (A) the client and persons specifically authorized by the client; 
   
  (B) such third parties as may be authorized by due process of law; and 
   
  (C) a duly authorized professional peer review committee. 
     
  (2) It is unethical for a member of a duly authorized professional peer review 
committee to disclose confidential information or factual data presented to the 
committee. 
 
  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 May 3, 1994. 
 TRD-9440324 
  Renil C. Liner 
 Commissioner 
 Texas Appraiser Licensing and Certification Board 
    Earliest possible date of adoption: June 13, 1994 
 For further information, please call: (512) 465-3950 
         
               Part X. Texas Funeral Service Commission 
  Chapter 201. Licensing and Enforcement-Practice and Procedure 
  
  22 TAC sec.201.16 
 
  The Texas Funeral Service Commission (the "Commission") proposes new 
sec.201.16, concerning a memorandum of understanding (MOU) between the 
Commission and the Texas Department of Health (the "TDH"). The new section 
implements the provisions of Senate Bill 284, 72nd Legislature, 1991, which 
requires the Commission and the TDH to enter into a MOU to facilitate 
cooperation between the two agencies by describing the duties of each agency 
under authority of Health and Safety Code, Chapter 193 and Chapter 195, and 
Texas Civil Statutes, Article 4582b. The bill also requires the agencies to 
adopts the MOU by rule. The new section covers the joint procedures to be used 
by the two agencies for the referral, investigation and resolution of complaints 
affecting the administration and enforcement of state laws relating to vital 
statistics, and the licensing of funeral directors and funeral establishments. 
The new section adopts by reference 25 TAC sec.181.27, as proposed by the Texas 
Department of Health and published in the May 3, 1994, issue of the Texas 
Register  (19 TexReg 3334). 
 Larry A. Farrow, executive director, has determined that for the first five-
year period the proposed section will be in effect there will be no fiscal 
implications for state or local governments as a result of enforcing or 
administering the section. 
 Mr. Farrow also has determined that for each year of the first five years the 
new section as proposed is in effect the public benefit anticipated as a result 
of enforcing the proposed section will be to have a closer working relationship 
between the two agencies, expedite the filing of death certificates, and enhance 
the administration and enforcement of state laws relating to vital statistics 
and the licensing of funeral directors and funeral establishments. There will be 
no cost to small businesses. There is no expected economic cost to persons who 
are required to comply with the new section as proposed. There will be no impact 
on local employment. 
 Public comments on the proposed new section may be submitted to Larry A. 
Farrow, Executive Director, Texas Funeral Service Commission, 5100 Cameron Road, 
Suite 550, Austin, Texas 78753. Mr. Farrow will accept comments for 30 days 
following publication of the proposal in the Texas Register . 
 The new section is being proposed under Senate Bill 284, 72nd Legislature, 
1991, which provides the Commission with authority to adopt by rule a memorandum 
of understanding with the TDH to facilitate cooperation between the two agencies 
in implementing and enforcing the Health and Safety Code, Chapter 193 and 
Chapter 195, and Texas Civil Statutes, Article 4582b. Authority also exists 
pursuant to Texas Civil Statutes, Article 4582b, sec.5, which vest the 
Commission with authority to adopt rules necessary to administer Article 4582b. 
This new rule affects the Health and Safety Code, Chapters 193 and 195, and 
Texas Civil Statutes, Article 4582b. 
 
 
  sec.201.16. Memorandum of Understanding with the Texas Department of Health.  
The Texas Funeral Service Commission adopts by reference a joint memorandum of 
understanding with the Texas Department of Health (25 TAC sec.181.27). The 
document is published by and available at the Texas Funeral Service Commission, 
8100 Cameron Road, Suite 550, Austin, Texas 78753. 
 
  This agency hereby certifies that the section has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on May 4, 1994. 
 TRD-9440433 
  Wayne L. Goodrum 
 General Counsel 
 Texas Funeral Service Commission 
    Earliest possible date of adoption: June 13, 1994 
 For further information, please call: (512) 834-9992 
         
           Chapter 203. Licensing and Enforcement-Specific Substantive Rules 
  
  22 TAC sec.203.1 
 
  The Texas Funeral Service Commission proposes an amendment to sec.203.1, 
concerning definitions which are applicable to and are a part of the 
Commission's substantive rules. The proposed amendment is required to coordinate 
and conform those substantive rules with amended regulations concerning price 
disclosure and fraudulent and deceptive practices applicable to the sale of 
funeral services and merchandise, adopted by the Federal Trade Commission to its 
Funeral Practices Trade Regulation Rule at 16 CFR, Part 453-Funeral Industry 
Practices which will become effective July 19, 1994. The purpose of the proposed 
amendments is to afford an overall level of protection to consumers of funeral 
services and merchandise which is as great as, or greater than, the protection 
afforded by the recent amendments to 16 CFR, Part 453. 
 Wayne L. Goodrum, general counsel, has determined that there will be no fiscal 
implications for state or local governments as a result of enforcing or 
administering the rule as proposed. 
 Mr. Goodrum also has determined that, for each year of the first five-year 
period the proposed amendment will be in effect the public benefit anticipated 
as a result of the amendment will be the enhanced protection afforded by the 
proposed amendment to members of the general public who become consumers of 
funeral services and merchandise against unfair and deceptive practices by 
providers of such services and merchandise. There will be no effect on small 
businesses. There is no anticipated economic cost for persons who are required 
to comply with the rule as proposed. 
 Comment on the proposed amendment may be submitted to Wayne L. Goodrum, General 
Counsel, Texas Funeral Service Commission, 8100 Cameron Road, Suite 550, Austin, 
Texas 78753. 
 The amendment is proposed pursuant to Texas Civil Statutes, Article 4582b, 
sec.5, which provide the Texas Funeral Service Commission with the authority to 
adopt rules to administer Article 4582b. 
 The proposed amendment affects Texas Civil Statutes, Article 4582b. 
 
 
  sec.203.1. Definitions.  The following words and terms, when used in this 
chapter, shall have the following meanings, unless the context clearly indicates 
otherwise. 
   
  <nl>   Alternative Container -An unfinished wood box or other non-metal 
receptacle or enclosure, without ornamentation or a fixed interior lining, which 
is designed for the encasement of human remains and which is made of fiberboard, 
pressed-wood, composition materials (with or without an outside covering) or 
like materials. 
   
   Cash advance item-Any item of service or merchandise described to a purchaser 
as a "cash advance, accommodation, cash disbursement" or similar terms. A cash 
advance item is also any item <nl>which is not an offering of the funeral 
provider but is <ol> obtained from a third party and paid for by the funeral 
provider on the purchaser's behalf. Cash advance items may include, but are not 
limited to, [the following items: Cemetery] cemetery or crematory services, 
pallbearers, public transportation, clergy honoraria, flowers, musicians or 
singers, nurses, obituary notices, gratuities and death certificates. 
   
   [Courses of instruction-As specified in Texas Civil Statutes Article 4582b, 
sec.1(J), shall include a course in practical funeral directing and embalming. 
   
  <nl>   Funeral ceremony -a service commemorating the deceased with the body 
present. 
   
  <nl>   Funeral goods-Any "funeral merchandise," as defined by Texas Civil 
Statutes, Article 4582b, sec.1(N), which is sold or offered for sale directly to 
the public for use in connection with funeral services. 
   
   Funeral provider -Any person, partnership or corporation<nl>, including a 
funeral director or a funeral establishment and any employee or agent,<ol> that 
sells or offers to sell funeral goods and funeral services to the public. 
   
  <nl>   Funeral services -For purposes of sec.sec.203.7, 203.9, 203. 11, and 
203.18 of this title (relating to Comprehension of Disclosures; Price 
Disclosure; Clarification of Fraudulent or Deceptive Conduct in Providing 
Funeral Services or Merchandise; and Presentation of Required Price Lists, 
Consumer Brochures, and Written Memorandum or Purchase Agreements), any funeral 
service as defined in Texas Civil Statutes, Article 4582b,  s1(0), sold or 
offered for sale to the public, which may be used to: 
 
  <nl>(1) care for and prepare deceased human bodies for burial, cremation, or 
other final disposition; and 
   
  <nl>(2) arrange, supervise, or conduct the funeral ceremony or final 
disposition of deceased human bodies. 
     
   [Licensed funeral establishment-In Texas Civil Statutes Article 4582b,  
s1(G), in addition to its ordinary meaning, also means commercial embalming 
establishment where apprentice is an applicant for only an embalming license.] 
   
  <nl>   Memorial service -a ceremony commemorating the deceased without the 
body present. 
   
  <nl>   Outer burial container-any "outer enclosure," as defined in Texas Civil 
Statutes, Article 4582b,  s1(P), which is designed for placement in the grave 
above or around the casket and includes containers commonly known as burial 
vaults, grave boxes, and grave liners. 
   
  <nl>   Services of funeral director and staff -the services of the funeral 
director and staff which are not included in the prices of other categories that 
must be separately stated on the retail price list or written memorandum 
furnished by a funeral provider in arranging and supervising a funeral, 
including but not limited to conducting the arrangement conference, planning the 
funeral, obtaining necessary permits, placing obituary notices, any other 
services offered by the funeral establishment, and any unallocated overhead. 
 
  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 May 4, 1994. 
 TRD-9440440 
  Wayne L. Goodrum 
 General Counsel 
 Texas Funeral Service Commission 
    Earliest possible date of adoption: June 16, 1994 
 For further information, please call: (512) 834-9992 
         
         
  22 TAC sec.203.7 
 
  The Texas Funeral Service Commission proposes an amendment to sec.203.7, 
concerning disclosures required to be made by providers of funeral services and 
merchandise. The proposed amendment is required to coordinate and conform 
existing substantive rules with amended regulations concerning price disclosure 
and fraudulent and deceptive practices applicable to the sale of funeral 
services and merchandise, adopted by the Federal Trade Commission to its Funeral 
Practices Trade Regulation Rule at 16 CFR, Part 453 -Funeral Industry Practices, 
which will become effective July 19, 1994. The purpose of the proposed 
amendments is to afford an overall level of protection to consumers of funeral 
services and merchandise which is as great as, or greater than, the protection 
afforded by the recent amendments to 16 CFR, Part 453. 
 Wayne L. Goodrum, general counsel, has determined that for the first five-year 
period the section is in effect there will be no fiscal implications for state 
or local government as a result of enforcing or administering the section. 
 Mr. Goodrum also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be the enhanced protection afforded by the proposed amendment to 
members of the general public who become consumers of funeral services and 
merchandise against unfair and deceptive practices by providers of such services 
and merchandise. There will be no effect on small businesses. There is no 
anticipated economic cost to persons who are required to comply with the section 
as proposed. 
 Comments on the proposal may be submitted to Wayne L. Goodrum, General Counsel, 
Texas Funeral Service Commission, 8100 Cameron Road, Suite 550, Austin, Texas 
78753. 
 The amendment is proposed pursuant to Texas Civil Statutes, Article 4582b, 
sec.5, which provide the Texas Funeral Service Commission with the authority to 
adopt rules to administer Article 4582b. 
 The proposed amendment affects Texas Civil Statutes, Article 4582b. 
 
 
  sec.203.7. Comprehension of Disclosure. 
 
  <nl>(a) Unfair or deceptive acts or practices. In selling or offering to sell 
funeral goods or funeral services to the public, it is an unfair or deceptive 
act or practice for a funeral provider to fail to furnish accurate price 
information disclosing the cost to the purchaser for each of the specific 
funeral goods and funeral services used in connection with the disposition of 
deceased human bodies, including at least the price of embalming, transportation 
of remains, use of facilities, caskets, outer burial containers, immediate 
burials, or direct cremations, to persons inquiring about the purchase of 
funerals. Any funeral provider who complies with the preventive requirements of 
these rules is not engaged in the unfair or deceptive acts or practices as 
defined in this chapter. 
   
  <nl>(b) To prevent unfair or deceptive acts or practices, funeral  
<nl>providers<ol> [directors] must make all disclosures required by <nl>these 
rules<ol> [those sections] in a clear and conspicuous manner. <nl>No statement 
or information may be included in a casket, outer burial container, or general 
price list which alters or contradicts the information required by these rules 
to be included in those lists. 
 
  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 May 4, 1994. 
 TRD-9440439 
  Wayne L. Goodrum 
 General Counsel 
 Texas Funeral Service Commission 
    Proposed date of adoption: June 16, 1994 
 For further information, please call: (512) 834-9992 
         
           
  22 TAC sec.203.8 
 
  The Texas Funeral Service Commission proposes an amendment to sec.203.8, 
concerning disclosures required to be made by providers of funeral services and 
merchandise. The proposed amendment is required to coordinate and conform 
existing substantive rules with amended regulations concerning price disclosure 
and fraudulent and deceptive practices applicable to the sale of funeral 
services and merchandise, adopted by the Federal Trade Commission to its Funeral 
Practices Trade Regulation Rule at 16 CFR, Part 453 -Funeral Industry Practices, 
which will become effective July 19, 1994. The purpose of the proposed 
amendments is to afford an overall level of protection to consumers of funeral 
services and merchandise which is as great as, or greater than, the protection 
afforded by the recent amendments to 16 CFR, Part 453. 
 Wayne L. Goodrum, general counsel, has determined that for the first five-year 
period the section is in effect there will be no fiscal implications for state 
or local government as a result of enforcing or administering the section. 
 Mr. Goodrum also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be the enhanced protection afforded by the proposed amendment to 
members of the general public who become consumers of funeral services and 
merchandise against unfair and deceptive practices by providers of such services 
and merchandise. There will be no effect on small businesses. There is no 
anticipated economic cost to persons who are required to comply with the section 
as proposed. 
 Comments on the proposal may be submitted to Wayne L. Goodrum, General Counsel, 
Texas Funeral Service Commission, 8100 Cameron Road, Suite 550, Austin, Texas 
78753. 
 The amendment is proposed pursuant to Texas Civil Statutes, Article 4582b, 
sec.5, which provide the Texas Funeral Service Commission with the authority to 
adopt rules to administer Article 4582b. 
 The proposed amendment affects Texas Civil Statutes, Article 4582b. 
 
 
  sec.203.8. Telephone Price Disclosures. To prevent unfair or deceptive acts or 
practices, funeral  <nl>providers<ol> [directors] must [:] 
 
  [(1) tell persons who call the funeral establishment and ask about the terms, 
conditions, or prices at which funeral goods or funeral services are offered, 
that price information is available over the telephone; and 
   
  [(2)] tell persons who ask by telephone about the funeral establishment's 
offerings or prices any accurate information from the <nl>Retail Price List, as 
defined in Texas Civil Statutes, Article 4582b,  s1(S),<ol> [price lists] 
<nl>and any other readily available information that<ol> [which] reasonably 
answers the <nl>question.<ol> [question, and any other information which 
reasonably answers the question and which is readily available.] 
 
  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 May 4, 1994. 
 TRD-9440438 
  Wayne L. Goodrum 
 General Counsel 
 Texas Funeral Service Commission 
    Proposed date of adoption: June 16, 1994 
 For further information, please call: (512) 834-9992 
         
           
  22 TAC sec.203.9 
 
  The Texas Funeral Service Commission proposes an amendment to sec.203.9, 
concerning disclosures required to be made by providers of funeral services and 
merchandise. The proposed amendment is required to coordinate and conform 
existing substantive rules with amended regulations concerning price disclosure 
and fraudulent and deceptive practices applicable to the sale of funeral 
services and merchandise, adopted by the Federal Trade Commission to its Funeral 
Practices Trade Regulation Rule at 16 CFR, Part 453 -Funeral Industry Practices, 
which will become effective July 19, 1994. The purpose of the proposed 
amendments is to afford an overall level of protection to consumers of funeral 
services and merchandise which is as great as, or greater than, the protection 
afforded by the recent amendments to 16 CFR, Part 453. 
 Wayne L. Goodrum, general counsel, has determined that for the first five-year 
period the section is in effect there will be no fiscal implications for state 
or local government as a result of enforcing or administering the section. 
 Mr. Goodrum also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be the enhanced protection afforded by the proposed amendment to 
members of the general public who become consumers of funeral services and 
merchandise against unfair and deceptive practices by providers of such services 
and merchandise. There will be no effect on small businesses. There is no 
anticipated economic cost to persons who are required to comply with the section 
as proposed. 
 Comments on the proposal may be submitted to Wayne L. Goodrum, General Counsel, 
Texas Funeral Service Commission, 8100 Cameron Road, Suite 550, Austin, Texas 
78753. 
 The amendment is proposed pursuant to Texas Civil Statutes, Article 4582b, 
sec.5, which provide the Texas Funeral Service Commission with the authority to 
adopt rules to administer Article 4582b. 
 The proposed amendment affects Texas Civil Statutes, Article 4582b. 
 
 
  sec.203.9. Price Disclosure. 
 
  <nl>(a) To prevent unfair or deceptive acts or practices, funeral providers 
must give a printed or typewritten Retail Price List, as defined in Texas Civil 
Statutes, Article 4582b.  s1(S), for retention to persons who inquire in person 
about the offering, availability or price of funeral goods or services offered 
by the funeral provider. 
   
  <nl>(b) The Retail Price List must be given upon beginning any in-person 
discussion of the prices of or the overall type of funeral service or 
disposition, or of specific funeral goods or services offered by the funeral 
provider, whichever occurs first, and before showing any casket or outer burial 
container. 
   
  <nl>(c) The requirement of subsection (b) of this section applies whether the 
discussion takes place in the funeral establishment or elsewhere; provided, 
however, that when the deceased is removed for transportation to the funeral 
establishment, an in-person request at that time for authorization to embalm 
does not, by itself, trigger the requirement to give the Retail Price List if 
the funeral provider, in seeking prior embalming approval, discloses that 
embalming is not required by law. Any other discussion during that time about 
prices or the selection of funeral services triggers the requirement to give 
consumers a Retail Price List. 
   
  <nl>(d) The Retail Price List as defined in Texas Civil Statutes, Article 
4582b, sec.1(S), must <nl>contain a caption describing the list as a "Retail 
Price List," the name, address, and telephone number of the funeral 
establishment's place of business, the effective date for the price list, and 
the printed notices required by Texas Civil Statutes, Article 4582b, sec.1(S), 
and sec.203.11(g)(2)(A)(i) of this title (relating to Clarification of 
Fraudulent or Deceptive Conduct in Providing Funeral Services or Merchandise). 
   
  <nl>(e) The Retail Price List must also<ol> contain[:] the retail <nl>prices 
(expressed<ol> [prices, expressed] either as a flat fee, or as the price per 
hour, mile or other  <nl>unit of computation), and the information specified 
below for at least each<ol> [information,] of the following <nl>items, if 
offered for sale:<ol> [terms:] 
 
  (1)  forwarding of remains to another funeral establishment, together with a 
list of the services provided for any quoted price; 
   
  (2) receiving remains from another funeral establishment, together with a list 
of the services provided for any quoted price; 
   
  (3) the price range for the direct cremations offered by the funeral 
establishment, together with: 
 
  (A) a separate price for a direct cremation where the purchaser provides the 
container; 
   
  (B) separate prices for each direct cremation offered <nl>where the purchaser 
obtains a casket<ol>[, including an unfinished wood box] or alternative 
<nl>container from the funeral provider; <ol> [container;] and 
   
  (C) a description of the services and container (where applicable), included 
in each price; 
     
  (4) the price range for the immediate burials offered by the funeral 
establishment, together with: 
 
  (A) separate price for the immediate burial where the purchaser provides the 
casket; 
   
  (B) separate prices for each immediate burial offered <nl>where the purchaser 
obtains <ol> [including] a casket or alternative container  <nl>from the funeral 
provider; <ol> and 
   
  (C)  description of the services and container (where applicable) included in 
that price; 
     
  (5) <nl>transfer of remains to funeral establishment;<ol> [acknowledgement 
cards]; 
   
  (6) <nl>embalming;<ol> [specifically itemized cash advance items. (These 
prices must be given to the extend then known or reasonably ascertainable. If 
the prices are not known or reasonably ascertainable, a good faith estimate 
shall be give and a written statement of the actual charges shall be provided 
before the final bill is paid.)] 
   
  <nl>(7) other preparation of the body; 
   
  <nl>(8) casket prices. The Retail Price List must contain the retail prices of 
all caskets and alternative containers offered which do not require special 
ordering and enough information to identify each. In lieu of the requirement to 
include individual casket and alternative container prices on the same list as 
other retail prices, the price range for the caskets and alternative containers 
offered by the funeral provider may be listed on the Retail Price List under the 
following conditions: 
 
  <nl>(A) The Retail Price List must contain the range of prices for caskets and 
alternative containers offered by the funeral provider, together with the 
following statement: A complete price list will be provided at the funeral 
establishment. 
   
  <nl>(B) A separate casket price list must be given at the time the Retail 
Price list is required to be given pursuant to subsection (b) of this section. 
   
  <nl>(C) The separate list must contain the following: 
 
  <nl>(i)<nl> a caption describing the list as a Casket Price List; 
   
  <nl>(ii)<nl> the name, address and telephone number of the funeral 
establishment's place of business; 
   
  <nl>(iii)<nl> the retail prices of all caskets and alternative containers 
offered which do not require special ordering and enough information to identify 
each; 
   
  <nl>(iv)<nl> the effective date for the stated prices; and 
   
  <nl>(v)<nl> the notice required by Texas Civil Statutes, Article 4582b,  
s1(S); 
       
  <nl>(9) outer burial container prices. The Retail Price List must contain the 
retail prices of all outer burial containers offered which do not require 
special ordering and enough information to identify each container. In lieu of 
the requirement to include individual outer burial container prices on the same 
list as other retail prices, the price range for the outer burial containers 
offered by the funeral provider may be listed on the Retail Price List under the 
following conditions: 
 
  <nl>(A) The Retail Price List must contain the range of prices for outer 
burial containers offered by the funeral provider, together with the following 
statement: A complete price list will be provided at the funeral establishment. 
   
  <nl>(B) The separate outer burial container price list must be given at the 
time the Retail Price list is required to be given pursuant to subsection (b) of 
this section. 
   
  <nl>(C) The separate list must contain the following: 
 
  <nl>(i)<nl> a caption describing the list as an Outer Burial Container Price 
List; 
   
  <nl>(ii)<nl> the name, address and telephone number of the funeral 
establishment's place of business; 
   
  <nl>(iii) <nl> the retail prices of all outer burial containers offered which 
do not require special ordering and enough information to identify each; 
   
  <nl>(iv)<nl> the effective date for the stated prices; and 
   
  <nl>(v)<nl> the notice required by Texas Civil Statutes, Article 4582b,  
s1(S); 
       
  <nl>(10) use of funeral establishment facilities and staff for viewing the 
deceased; 
   
  <nl>(11) use of funeral establishment facilities and staff for funeral 
ceremony; 
   
  <nl>(12) use of funeral establishment facilities and staff for memorial 
service; 
   
  <nl>(13)  use of funeral establishment equipment and staff for graveside 
service; 
   
  <nl>(14) use of funeral establishment's hearse; 
   
  <nl>(15) use of funeral establishment's limousines; 
   
  <nl>(16) Either subparagraph (A) or (B) of this paragraph (which shall be the 
only fee for services, facilities, or unallocated overhead permitted to be non-
declinable, unless otherwise required by law): 
 
  <nl>(A) the price for the services of funeral director and staff, together 
with a list of the principal basic services provided for any quoted price; 
however, if the charge cannot be declined by the purchaser: 
 
  <nl>(i)<nl> The following statement must be included: This fee for our basic 
services will be added to the total cost of the funeral arrangements you select. 
(This fee is already included in our charges for direct cremations, immediate 
burials, and forwarding or receiving remains.); and 
   
  <nl>(ii) <nl> The quoted price shall include all charges for the recovery of 
unallocated funeral establishment overhead, and funeral providers may include in 
the required disclosure the phrase "and overhead" after the word "services"; or 
     
  <nl>(B) alternatively, the fee for the services of funeral director and staff 
may be included in the price of caskets and, if so, shall include all charges 
for recovery of unallocated funeral establishment overhead. 
 
  <nl>(i)<nl> Where the alternative of including the fee for the services of 
funeral director and staff in the price of caskets is chosen, the following 
statement must be shown on the Retail Price List, together with the prices of 
individual caskets (or the range of casket prices where a separate casket price 
list is used), and on any separate Casket Price List together with the 
individual casket prices: Please note that a fee for the use of our basic 
services is included in the price of our caskets. Our services include (specify 
here the principal basic services included in the quoted price). 
   
  <nl>(ii)<nl> Funeral providers may include in the required disclosure the 
phrase "and overhead" after the word "services;" 
       
  <nl>(17) other itemized services provided by the funeral establishment staff, 
which must be declinable; and 
   
  <nl>(18) specifically itemized cash advance items. These prices must be given 
to the extent then known or reasonably ascertainable. If the prices are not 
known or reasonably ascertainable, a good faith estimate shall be given and a 
written statement of the actual charges shall be provided before the final bill 
is paid. 
     
  <nl>(f) To further prevent unfair or deceptive acts or practices, funeral 
providers must give an itemized written memorandum or funeral purchase agreement 
(as defined in Texas Civil Statues, Article 4582b, sec.1(T)) for retention to 
each person who arranges a funeral, or other disposition of human remains, at 
the conclusion of the discussion of arrangements. The statement must contain at 
least the following information: 
 
  <nl>(1) the itemized cost of the funeral goods and funeral services selected 
by the customer from the retail price list; 
   
  <nl>(2) each cash advance item or amount paid or owed by the funeral provider 
to another person on behalf of the customer, and each fee which the funeral 
provider charges the customer for the cost of advancing funds or becoming 
indebted to another person on behalf of the customer, together with the 
statement required by sec.203.11(f)(2); 
   
  <nl>(3) the total cost of the goods and services selected; 
   
  <nl>(4) the following printed notices: 
 
  <nl>(A)  Charges are made only for items that are used. If the type of funeral 
selected requires extra items, we will explain the reasons for the extra items 
in writing on this memorandum. (As required by Texas Civil Statutes, Article 
4582b,  s1(T); and 
   
  <nl>(B) Charges are only for those items that you selected or that are 
required. If we are required by law or by a cemetery or crematory to use any 
items, we will explain the reasons in writing below; and 
     
  <nl>(5) the name, mailing address, and telephone number of the Texas Funeral 
Service Commission, and a statement indicating that complaints may be directed 
to the Commission; and 
   
  <nl>(6) the name, address, and telephone number of the funeral establishment. 
     
  <nl>(g) Funeral providers may give persons any other price information in any 
other format, so long as the requirements of the commission's rules are also 
complied with. 
 
  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 May 4, 1994. 
 TRD-9440437 
  Wayne L. Goodrum 
 General Counsel 
 Texas Funeral Service Commission 
    Earliest possible date of adoption: June 16, 1994 
 For further information, please call: (512) 834-9992 
         
           
  22 TAC sec.203.11 
 
  The Texas Funeral Service Commission proposes an amendment to sec.203.11, 
concerning disclosures required to be made by providers of funeral services and 
merchandise. The proposed amendment is required to coordinate and conform 
existing substantive rules with amended regulations concerning price disclosure 
and fraudulent and deceptive practices applicable to the sale of funeral 
services and merchandise, adopted by the Federal Trade Commission to its Funeral 
Practices Trade Regulation Rule at 16 CFR, Part 453 -Funeral Industry Practices, 
which will become effective July 19, 1994. The purpose of the proposed 
amendments is to afford an overall level of protection to consumers of funeral 
services and merchandise which is as great as, or greater than, the protection 
afforded by the recent amendments to 16 CFR, Part 453. 
 Wayne L. Goodrum, general counsel, has determined that for the first five-year 
period the section is in effect there will be no fiscal implications for state 
or local government as a result of enforcing or administering the section. 
 Mr. Goodrum also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be the enhanced protection afforded by the proposed amendment to 
members of the general public who become consumers of funeral services and 
merchandise against unfair and deceptive practices by providers of such services 
and merchandise. There will be no effect on small businesses. There is no 
anticipated economic cost to persons who are required to comply with the section 
as proposed. 
 Comments on the proposal may be submitted to Wayne L. Goodrum, General Counsel, 
Texas Funeral Service Commission, 8100 Cameron Road, Suite 550, Austin, Texas 
78753. 
 The amendment is proposed pursuant to Texas Civil Statutes, Article 4582b, 
sec.5, which provide the Texas Funeral Service Commission with the authority to 
adopt rules to administer Article 4582b. 
 The proposed amendment affects Texas Civil Statutes, Article 4582b. 
 
 
  sec.203.11. Clarification of Fraudulent or Deceptive Conduct in Providing 
Funeral Services or Merchandise. 
 
  (a) Embalming provisions. 
 
  (1) Deceptive acts or practices. In selling or offering to sell funeral goods 
or funeral services to the public, it is a deceptive act or practice for a 
funeral provider to: 
 
  (A)  represent that state or local law requires that a deceased person be 
embalmed; 
   
  (B) fail to disclose that embalming is not required by law except in certain 
special cases. 
     
  (2) Preventive requirements. To prevent these deceptive acts or practices, 
funeral <nl>providers<ol> [directors] must: 
 
  (A) not represent that a deceased person is required to be embalmed for<nl>: 
 
  <nl>(i)<nl> direct cremation; 
   
  <nl>(ii)<nl> immediate burial[,] ;or<ol> [a funeral using a sealed casket, or 
if] 
   
  <nl>(iii)<nl> a closed-casket funeral without viewing or visitation when<ol> 
refrigeration is <nl>available;<ol> [available and the funeral is without 
viewing or visitation and with a closed casket when state or local law does not 
require embalming]; and 
     
  (B) place the following disclosure on the retail price list, in immediate 
conjunction with the price shown for embalming <nl>:<ol> [Except in special 
cases, embalming] <nl>Embalming <ol> is not required by law. Embalming may be 
necessary, however, if you select certain funeral arrangements, such as <nl>a 
funeral <ol> [funerals] with viewing. If you do not want embalming, you usually 
have the right to choose an arrangement that does not require you to pay for it, 
such as direct cremation or immediate burial. 
       
  (b) Casket for cremation provisions. 
 
  (1) Deceptive acts or practices. In selling or offering to sell funeral goods 
or funeral services to the public, it is a deceptive act or practice for a 
<nl>funeral establishment, a crematory, or other <ol> funeral provider to: 
 
  (A) represent that state or local law requires a casket for direct cremation; 
   
  (B)  represent that a casket [(other than an unfinished wood box)] is required 
for direct cremation<nl>; or 
   
  <nl>(C) require that a casket be purchased for direct cremation. 
     
  (2) Preventive requirements. To prevent these deceptive acts or practices, 
funeral <nl>providers who arrange direct cremations must: <ol> [directors must] 
 
  <nl>(A) if direct cremations are arranged,<ol> place the following disclosure 
in immediate conjunction with the price range shown for direct cremation: If you 
want to arrange a direct cremation, you can use an [unfinished wood box or] 
alternative container. Alternative containers <nl>encase the body and<ol> can be 
made of materials like <nl>fiberboard<ol> [heavy cardboard] or composition 
materials (with or without an outside covering)[, or pouches of canvas]. <nl>The 
containers we provide are (specify here the containers provided). 
   
  <nl>(B) make an alternative container available for direct cremations. 
       
  (c) Outer burial container provisions. 
 
  (1) Deceptive acts or practices. In selling or offering to sell funeral goods 
or funeral services to the public, it is a deceptive act or practice for a 
funeral provider to: 
 
  (A) represent that state or local laws or regulations, or particular 
cemeteries, require outer burial containers when such is not the case; 
   
  (B) fail to disclose to persons arranging funerals that state law does not 
require the purchase of an outer burial container. 
     
  (2)  Preventative requirements. To prevent these deceptive acts or practices, 
funeral providers must place the following disclosure <nl>in immediate 
conjunction with<ol> [on] the outer burial container <nl>prices or price range 
listed on the retail price list, <ol> [price list. The] <nl>and if the<ol> 
prices of outer burial containers are listed on <nl>a separate outer burial 
container<ol> [the retail] price list, in immediate conjunction with those 
prices: In most areas of the country, no state or local law makes you buy a 
container to surround the casket in the grave. However, many cemeteries  
<nl>require<ol> [ask] that you have such a container so that the graves will not 
sink in. Either a <nl>burial vault<ol> [grave liner] or a <nl>grave liner<ol> 
[burial vault] will satisfy these requirements. 
     
  (d) General provisions on legal and cemetery requirements. 
 
  (1)  Deceptive acts or practices. In selling or offering to sell funeral goods 
or funeral services to the public, it is a deceptive act or practice for funeral 
providers to <nl>represent <ol> [present] that federal, state, or local laws, or 
particular cemeteries or crematories, require the purchase of any funeral goods 
or funeral services when such is not the case. 
   
  (2)  Preventive requirements. To prevent these deceptive acts or practices, as 
well as the deceptive acts or practices <nl>identified in subsections (a)(1), 
(b)(1), and (c)(1) of this section,<ol> [the] funeral <nl>providers<ol> 
[directors] must identify and briefly describe in writing on the statement of 
funeral goods and services selected any legal, cemetery, or crematory 
requirement which the funeral <nl>provider<ol> [director] represents <nl>to <ol> 
persons as compelling the purchase of funeral goods or funeral services for the 
funeral which that person is arranging. 
     
  (e)  Provision on preservation and protective value claims. In selling or 
offering to sell funeral goods and funeral services to the public, it is a 
deceptive act or practice for a funeral <nl>provider<ol> [director] to: 
 
  (1) represent that funeral goods or funeral services will delay the natural 
decomposition of human remains for a long-term or indefinite time; or 
   
  (2) represent that funeral goods have protective features or will protect the 
body from graveside substances, when such is not the case. 
     
  (f) Cash advance provisions. 
 
  (1) Deceptive acts or practices. In selling or offering to sell funeral goods 
or funeral services to the public, it is a deceptive act or practice for a 
funeral <nl>provider <ol> [director] to: 
 
  (A) represent that the price charged for a cash advance item is the same as 
the cost to the funeral director for the item when such is not the case; or 
   
  (B) fail to disclose to persons arranging funerals that the price being 
charged for a cash advance item is not the same as the cost to the funeral 
provider for the item when such is the case. 
     
  (2) Preventive requirements. To prevent these deceptive acts or practices, 
funeral <nl>providers<ol> [directors] must place the following sentence in the 
<nl>itemized statement of funeral goods and services selected, in immediate 
conjunction with the list of itemized cash advance items required by sec.203. 
9(f)(2) of this title (relating to Price Disclosure), if the funeral provider 
makes a charge upon, or receives and retains a rebate, commission or trade or 
volume discount upon a cash advance item:<ol> [general price list, at the end of 
the cash advance disclosure:] <nl>We charge you for our services in obtaining: 
(specify here the cash advance items for which charges are made for obtaining 
the items).<ol> [We charge you for our services in buying these items, if the 
funeral provider makes a charge upon, or receives and retains a rebate, 
commission or trade or volume discount upon a cash advance item.] 
     
  (g) [Casket for cremation provision. 
 
  [(1) Unfair or deceptive acts or practices. In selling or offering to sell 
funeral goods or funeral services to the public, it is an unfair or deceptive 
act or practice for a funeral establishment, or a crematory, to require that a 
casket other than an unfinished wood box be purchased for direct cremation. 
   
  [(2) Preventive requirements. To prevent this unfair or deceptive act or 
practice, funeral providers directors must make an unfinished wood box or 
alternative container available for direct cremations, if they arrange direct 
cremations. 
     
  [(h)]  Other required purchases of funeral goods or funeral services. 
 
  (1)  Unfair or deceptive acts or practices. In selling or offering to sell 
funeral goods or funeral services, it is an unfair or deceptive act or practice 
for a funeral provider to<nl>: 
 
  <nl>(A) condition the furnishing of any funeral goods or funeral services to a 
person arranging a funeral upon the purchase of any other funeral good or 
service, except as required by law or as otherwise permitted by <nl>these rules; 
or<ol> [this part.] 
   
  <nl>(B) charge any fee as a condition to furnishing any funeral goods or 
funeral services to a person arranging a funeral, other than the fees for: 
 
  <nl>(i)<nl> services of funeral director and staff permitted by 
sec.203.9(e)(16); 
   
  <nl>(ii)<nl> other funeral services and funeral goods selected by the 
purchaser from the retail price list; and 
   
  <nl>(iii)<nl> other funeral goods or services required to be purchased, as 
explained on the funeral purchase agreement, in accordance with subsection 
(d)(2) of this section. 
       
  (2) Preventive requirements. 
 
  (A) To prevent this unfair deceptive act or practice, funeral providers must: 
 
  (i) place the following disclosure in the retail price list, immediately above 
the prices required <nl>by these rules to be listed: <ol> The goods and services 
shown below are those we can provide to our customers. You may choose only the 
items you desire. If legal or other requirements mean you must buy any items you 
did not specifically ask for, we will explain the reason in writing on the 
statement we provide describing the funeral goods and services you selected. 
Provided, however, <nl>that <ol> if the charge for "services of funeral director 
and staff" cannot be declined by the purchaser, the statement shall include the 
<nl>following sentence between the second and third sentences of the preceding 
required<ol> sentence: [sentence:] However, any funeral arrangements you select 
will include a charge for our services. [between the second and third sentences 
of the statement specified.] <nl>The preceding statement may include the phrase 
"and overhead" after the word "services" if the fee includes a charge for 
recovery of unallocated funeral establishment overhead; <ol> and 
   
  (ii)<nl> On the statement of funeral services selected, place the disclosures 
required by sec.203.9(f)(4).<ol> [Place the following disclosure on the 
statement of funeral services selected. "Charges are only for those items that 
are used. If we are required by law to use any items, we will explain the 
reasons in writing below."] 
     
  (B) A funeral provider <nl>does<ol> [shall] not violate this section by 
failing to comply with a request for a combination of goods or services which 
would be impossible, impractical, or excessively burdensome to provide. 
       
  (h) <nl>Embalming without approval. 
 
  <nl>(1) Unfair or deceptive acts or practices. In selling or offering to sell 
funeral goods or funeral services to the public, it is an unfair or deceptive 
act or practice for any funeral provider to charge a fee for embalming a 
deceased human body unless: 
 
  <nl>(A) approval has been obtained, under conditions set out in paragraph (2) 
of this subsection, from a family member or other authorized person; and 
   
  <nl>(B) in seeking approval, the funeral provider discloses that a fee will be 
charged if a funeral which requires embalming (such as a funeral with viewing) 
is selected and that no fee will be charged if a service which does not require 
embalming (such a direct cremation or immediate burial) is selected, unless 
embalming was previously authorized and performed. 
     
  <nl>(2) Conditions under which a fee for embalming may be charged are: 
 
  <nl>(A) where the approval for embalming (expressly so described) has been 
obtained, without solicitation, prior to the embalming; 
   
  <nl>(B)  in cases where embalming is performed without prior approval, only 
when the funeral provider was previously selected by a person authorized to make 
funeral arrangements and that funeral provider: 
 
  <nl>(i)<nl> exercised due diligence to attempt to contact a family member or 
other authorized person and such effort is documented as required by sec.203.19 
of this title (relating to Required Documentation for Embalming); 
   
  <nl>(ii)<nl> had no reason to believe the family did not want embalming 
performed; and 
   
  <nl>(iii)<nl> subsequent approval is obtained for the already performed 
embalming. 
     
  <nl>(C) In seeking approval, a funeral provider must disclose that a fee will 
be charged if the family selects a funeral which requires embalming, such as a 
funeral with viewing, and that no fee will be charged if the family selects a 
service which does not require embalming, such as direct cremation or immediate 
burial. 
     
  <nl>(3) Preventive requirements. To prevent these unfair or deceptive acts or 
practices, funeral providers must include on the itemized statement of funeral 
goods and services selected, the following statement: If you selected a funeral 
that may require embalming, such as a funeral with viewing, you may have to pay 
for embalming. You do not have to pay for embalming you did not approve if you 
selected arrangements such as a direct cremation or immediate burial. If we 
charged for embalming, we will explain why below. 
 
  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 May 4, 1994. 
 TRD-9440436 
  Wayne L. Goodrum 
 General Counsel 
 Texas Funeral Service Commission 
    Earliest possible date of adoption: June 16, 1994 
 For further information, please call: (512) 834-9992 
         
             
  22 TAC sec.203.17 
 
  The Texas Funeral Service Commission proposes an amendment to sec.203.17, 
concerning disclosures required to be made by providers of funeral services and 
merchandise. The proposed amendment is required to coordinate and conform 
existing substantive rules with amended regulations concerning price disclosure 
and fraudulent and deceptive practices applicable to the sale of funeral 
services and merchandise, adopted by the Federal Trade Commission to its Funeral 
Practices Trade Regulation Rule at 16 CFR, Part 453 -Funeral Industry Practices, 
which will become effective July 19, 1994. The purpose of the proposed 
amendments is to afford an overall level of protection to consumers of funeral 
services and merchandise which is as great as, or greater than, the protection 
afforded by the recent amendments to 16 CFR, Part 453. 
 Wayne L. Goodrum, general counsel, has determined that for the first five-year 
period the section is in effect there will be no fiscal implications for state 
or local government as a result of enforcing or administering the section. 
 Mr. Goodrum also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be the enhanced protection afforded by the proposed amendment to 
members of the general public who become consumers of funeral services and 
merchandise against unfair and deceptive practices by providers of such services 
and merchandise. There will be no effect on small businesses. There is no 
anticipated economic cost to persons who are required to comply with the section 
as proposed. 
 Comments on the proposal may be submitted to Wayne L. Goodrum, General Counsel, 
Texas Funeral Service Commission, 8100 Cameron Road, Suite 550, Austin, Texas 
78753. 
 The amendment is proposed pursuant to Texas Civil Statutes, Article 4582b, 
sec.5, which provide the Texas Funeral Service Commission with the authority to 
adopt rules to administer Article 4582b. 
 The proposed amendment affects Texas Civil Statutes, Article 4582b. 
 
 
  sec.203.17. Clarification of Other Itemized Services Provided by Funeral 
<nl>Establishment  [Home] Staff. Other itemized services provided by the funeral 
<nl>establishment <ol> [home] staff in Texas Civil Statutes, Article 4582b, 
sec.1(S), <nl>is interpreted to include only those services, if any, of the 
funeral director and staff which are not included in the definition of services 
of funeral director and staff, as defined in sec.203. 1(n) of this title 
(relating to Definitions) and which therefore must be declinable.<ol> [shall 
include services of the funeral director and staff which are not included in the 
prices of other categories on the retail price list or written memorandum which 
may be furnished by a funeral provider in arranging and supervising a funeral, 
including but not limited to conducting the arrangement conference, planning the 
funeral, obtaining necessary permits, placing obituary notices and any other 
services offered by the funeral establishment.] 
 
  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 May 4, 1994. 
 TRD-9440435 
  Wayne L. Goodrum 
 General Counsel 
 Texas Funeral Service Commission 
    Earliest possible date of adoption: June 16, 1994 
 For further information, please call: (512) 834-9992 
         
         
  22 TAC sec.203.18 
 
  The Texas Funeral Service Commission proposes an amendment to sec.203.18, 
concerning disclosures required to be made by providers of funeral services and 
merchandise. The proposed amendment is required to coordinate and conform 
existing substantive rules with amended regulations concerning price disclosure 
and fraudulent and deceptive practices applicable to the sale of funeral 
services and merchandise, adopted by the Federal Trade Commission to its Funeral 
Practices Trade Regulation Rule at 16 CFR, Part 453 -Funeral Industry Practices, 
which will become effective July 19, 1994. The purpose of the proposed 
amendments is to afford an overall level of protection to consumers of funeral 
services and merchandise which is as great as, or greater than, the protection 
afforded by the recent amendments to 16 CFR, Part 453. 
 Wayne L. Goodrum, general counsel, has determined that for the first five-year 
period the section is in effect there will be no fiscal implications for state 
or local government as a result of enforcing or administering the section. 
 Mr. Goodrum also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be the enhanced protection afforded by the proposed amendment to 
members of the general public who become consumers of funeral services and 
merchandise against unfair and deceptive practices by providers of such services 
and merchandise. There will be no effect on small businesses. There is no 
anticipated economic cost to persons who are required to comply with the section 
as proposed. 
 Comments on the proposal may be submitted to Wayne L. Goodrum, General Counsel, 
Texas Funeral Service Commission, 8100 Cameron Road, Suite 550, Austin, Texas 
78753. 
 The amendment is proposed pursuant to Texas Civil Statutes, Article 4582b, 
sec.5, which provide the Texas Funeral Service Commission with the authority to 
adopt rules to administer Article 4582b. 
 The proposed amendment affects Texas Civil Statutes, Article 4582b. 
 
 
  sec.203.18. Presentation of Required Price Lists, Consumer Brochures, and 
Written Memorandum or Purchase Agreement.  In order to provide the maximum 
protection to the consuming public, the presentation of required price lists and 
purchase agreements will be as follows: 
 
  (1) The retail price <nl>list<ol> [list, which includes the general price 
list, casket price list and outer burial enclosure price list,] will be 
presented for retention to any consumer who inquires in person about any funeral 
services, cremation or merchandise and prior to the consumer viewing or 
selecting any merchandise or service. 
   
  (2) Consumer information <nl>brochures, containing information specified by 
the Commission.<ol> [brochures] will be presented in the same manner and timing 
as price lists. 
   
  (3) The written memorandum or funeral purchase agreement must be presented for 
retention to the person who arranges a funeral, cremation or other disposition 
of a dead human body upon the conclusion of the discussion of arrangements. 
   
  <nl>(4) When a separate casket price list or a separate outer burial container 
price list is provided to pursuant to and in accordance with sec.203. 9(8) or 
(9) of this title (relating to Price Disclosure), there is no requirement that 
the provision of such separate price lists be provided for retention by the 
customer. 
 
  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 May 4, 1994. 
 TRD-9440434 
  Wayne L. Goodrum 
 General Counsel 
 Texas Funeral Service Commission 
    Earliest possible date of adoption: June 16, 1994 
 For further information, please call: (512) 834-9992 
         
                 
  TITLE 31. NATURAL RESOURCES AND CONSERVATION 
 Part I. General Land Office 
  Chapter 15. Coastal Area Planning 
  
  Subchapter A. Management of the Beach/Dune System 
 
  31 TAC sec.15.11 
 
  The General Land Office proposes new sec.15.11, concerning certification of 
local government dune protection and beach access plans (plans). The Texas 
Natural Resources Code, Chapters 61 and 63, and 31 TAC sec.15.3(o) require all 
local governments with jurisdiction over gulf beaches to submit plans to the 
General Land Office. The General Land Office adopted rules for management of the 
beach/dune system (31 TAC sec.sec.15.1-15.10) in February, 1993, which provide 
the minimum standards for content and implementation of local plans. 
 The General Land Office has reviewed the plans identified in subsections (a) 
and (b) of this section and hereby certifies that all 13 thirteen plans comply 
with state law. Subsection (a) of this section identifies eight local 
governments whose plans are certified without conditions; Subsection (b) of this 
section certifies five plans with the condition that the pertinent local 
governments modifying their plans consistent with General Land Office comments 
sent to the local governments and referenced in subsection (b) of this section. 
Such modification of plans identified in subsection (b) of this section must be 
formally adopted by the local governments on or before 180 days from the 
effective date of this section, unless the provisions of subsection (d)(2) of 
this section apply. 
 Caryn K. Cosper, deputy commissioner for Resource Management, has determined 
that there will be fiscal implications as a result of enforcing or administering 
the section. The effect on state government for the first five-year period will 
be due to additional time spent by staff reviewing a limited number of local 
government permits either: at the request of the local government or as part of 
an audit to be conducted by the General Land Office to monitor compliance with 
state law. Because staff is already performing this function, any increase in 
fiscal implications is expected to be minimal. Specific fiscal impacts cannot be 
identified as the annual number of permits and certificates reviewed by General 
Land Office staff varies according to the rate of construction occurring within 
the geographic scope of the area regulated by this chapter. 
 The estimated effect on local governments for the first five-year period the 
section will be in effect are expected to be minimal. All local governments 
impacted by this subchapter participate in the Federal Flood Insurance Program, 
and therefore have adopted commissioners court orders or ordinances governing 
beachfront construction, in addition to any local building code requirements. 
The application requirements in sec.15.3(s)(4) of this chapter were extracted 
from various existing requirements for construction applications created by 
local governments along the Gulf Coast. In addition, this section allows local 
governments to implement a system for collection of beach user fees which is 
specifically authorized for expenditures relating to the public beach. 
 The cost of compliance with the section for small and large businesses is best 
addressed through a discussion of the cost of compliance for individuals, as 
businesses are considered "individuals" or "persons" pursuant to the definition 
of the latter term in 31 TAC sec.15.2. Estimated cost of compliance for 
individuals is expected to be minimal, based on the cost of providing 
information required for a dune protection permit and a beachfront construction 
certificate. Because the information required under the various plans largely 
mirrors those necessary to obtain other authorizations for beachfront 
construction, the cost is expected to be moderate. However, costs are difficult 
to estimate since the applicants will have differing capacities for providing 
the required information and the information required will vary from site to 
site depending not only on the terrain but also the nature and scope of the 
proposed project. In general, it is anticipated that smaller projects (e.g., a 
single-family seasonal residence) would incur significantly lower costs than a 
large-scale commercial project. 
 In addition to the information costs, costs will be incurred if the applicant 
proposes damage to dunes or dune vegetation for which mitigation is required. 
These costs are not predictable on a uniform basis, as they will vary 
considerably depending on the amount of mitigation required. 
 Individuals will incur costs when using and accessing the public beach where a 
beach user fee is charged; however, each jurisdiction charging a beach user fee 
is required to provide a "free" beach, where no fees are charged. Because 
individuals are not required to pay beach user fees at all beaches, and such 
fees vary from jurisdiction to jurisdiction, a uniform cost estimate for 
individuals cannot be predicted. 
 Ms. Cosper also has determined that for each year of the first five years the 
section, as proposed, is in effect the public benefit anticipated as a result of 
enforcing the section will be increased flood protection for private and public 
property and beachfront structures; guaranteed preservation and enhancement of 
public beach use, recreation and access; natural resource and habitat 
protection; maintenance of the sediment supply to slow erosion; and 
establishment and maintenance of beach-related facilities and services. 
 Comments on the proposed rule may be submitted to Ashley K. Wadick, General 
Land Office, Legal Services Division, 1700 North Congress Avenue, Room 630, 
Austin, Texas, 78701-1495, Fax: (512) 463-6311. Ms. Wadick will also provide 
copies of any General Land Office comments referenced in subsection (b) of this 
section upon written request. 
 The new section is proposed under the Natural Resources Code, sec.61.011(d) (5) 
and sec.63.121, which provides the General Land Office with the authority to 
promulgate rules, respectively, for the certification of local government beach 
access and use plans and for the identification and protection of critical dune 
areas. 
 
 
  sec.sec.15.11. Certification of Local Government Dune Protection and Beach 
Access Plans. 
 
  (a) Certification of local government plans. The following local governments 
have submitted plans to the General Land Office which are certified as 
consistent with state law: 
 
  (1) Brazoria County; 
   
  (2) Chambers County; 
   
  (3) City of Port Aransas; 
   
  (4)  City of Port Arthur; 
   
  (5) Jefferson County; 
   
  (6) Matagorda County; 
   
  (7) Town of Quintana; and 
   
  (8) Village of Jamaica Beach. 
     
  (b) Conditional certification of local government plans. The following local 
governments have submitted plans to the General Land Office which are 
conditionally certified as consistent with state law. 
 
  (1)  City of Corpus Christi. This certification is valid for 180 days, during 
which time the City of Corpus Christi will modify its plan consistent with the 
General Land Office comments submitted to the City of Corpus Christi (October 
14, 1993). 
   
  (2) City of Galveston. This certification is valid for 180 days, during which 
time the City of Galveston will modify its plan consistent with the General Land 
Office comments submitted to the City of Galveston (October 14, 1993). 
   
  (3) Galveston County. This certification is valid for 180 days, during which 
time Galveston County will modify its plan consistent with the General Land 
Office comments submitted to Galveston County (October 18, 1993). 
   
  (4) Kleberg County. This certification is valid for 180 days, during which 
time Kleberg County will modify its plan consistent with the General Land Office 
comments submitted to Kleberg County (October 14, 1993). 
   
  (5) Village of Surfside Beach. This certification is valid for 180 days, 
during which time the Village of Surfside Beach will modify its plan consistent 
with the General Land Office comments submitted to the Village of Surfside Beach 
(December 3, 1993). 
     
  (c) Implementation of conditionally certified plans. Local governments are 
required to implement conditionally certified plans consistent with the Natural 
Resources Code, Chapters 61 and 63, and the General Land Office rules for 
management of the beach/dune system, sec.sec.15.1-15.10 of this title (relating 
to Management of the Beach/Dune System). 
   
  (d) Removal of conditions of certification. 
 
  (1) Local governments shall submit their modified plans on or before the 
expiration of the 180-day time period. The General Land Office shall provide to 
the pertinent local government a determination as to the sufficiency of the 
modification(s) within 60 days of receipt of the plan. The General Land Office 
will remove all conditions of the plan's certification by amending this 
subsection. Such amendments will list the name of the pertinent local government 
in subsection (a) of this section, and delete the same from subsection (b) of 
this section. If the General Land Office determines that modifications of plans 
are insufficient, the General Land Office shall provide specific exceptions to 
the modifications. If those portions of the plan to which the General Land 
Office has noted exceptions can be addressed through further comment, plan 
revision and review, conditional certification will be reissued pursuant to a 
General Land Office amendment to this subsection, subject to further plan 
modification. 
   
  (2) In the event that a local government chooses not to modify its plan as 
requested in the General Land Office comments, the local government shall 
provide in writing the scientific or legal justification as to why such 
modifications are not feasible. The justification shall be submitted to the 
General Land Office on or before the due date of the revised plan. The 
justification will be reviewed by the General Land Office, and a determination 
as to the sufficiency of the justification will be provided to the local 
government within 60 days of receipt by the General Land Office. Local 
government plans shall continue in effect under conditional certification until 
the sufficiency of the justification is resolved or this section is amended. 
     
  (e) Withdrawal of conditional certification. Conditional certification of a 
local government plan shall be withdrawn by the General Land Office after the 
180-day time period if the pertinent local government does not submit to the 
General Land Office either a formally adopted plan which has been modified 
consistent with General Land Office comments or the written scientific or legal 
justification as to why such modification is not feasible. In any event, 
withdrawal of conditional certification shall only occur after the General Land 
Office adopts an amendment to this subsection withdrawing conditional 
certification, with accompanying specific reasons, and the General Land Office 
has given the pertinent local government written notice of the withdrawal of the 
conditional certification. 
   
  (f) This section does not affect the General Land Office interim certification 
issued to Nueces County and Cameron County on October 9, 1992 (31 TAC, 
Subchapter E relating to Interim Approval of Local Government Dune Protection 
and Beach Access Plans) which continues in effect. 
 
  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 May 9, 1994. 
 TRD-9440558 
  Garry Mauro 
 Commissioner 
 General Land Office 
    Earliest possible date of adoption: June 13, 1994 
 For further information, please call: (512) 305-9129 
         
                 Part X. Texas Water Development Board 
  Chapter 379. Advisory Committees 
  
  31 TAC sec.379.4 
 
  The Texas Water Development Board (board) proposes an amendment to sec.379. 4, 
concerning Advisory Committees. The amendment will expand the authority of the 
Economically Distressed Areas Program (EDAP) Innovative and Alternative 
Technology Committee to allow this committee to review and report on non-EDAP 
projects. This broadening of committee authority will significantly increase the 
contribution that can be made in advancing innovative and alternative technology 
for cost effective projects. 
 Pamela Ansboury, director, Finance, has determined that for each year of the 
first five years the section is in effect, there will be no fiscal implications 
for state or local government as a result of enforcing or administering the 
section. 
 Ms. Ansboury also has determined that for each year of the first five years the 
section is in effect, the public benefit anticipated as a result of enforcing 
the section will be the review of additional innovative and alternative 
technologies for public use. There will be no effect on small businesses. There 
is no anticipated economic cost to individuals. The board staff has determined 
that the rule will have no direct impact on local economics. 
 Comments on the proposed sections may be submitted to C.R. Miertschin, Texas 
Water Development Board, Engineering Division, P.O. Box 13231, Austin, Texas 
78711-3231, (512) 463-7853. 
 The amendment is proposed under the authority of the Texas Water Code, sec.6. 
101, which provides the Texas Water Development Board with the authority to 
adopt rules necessary to carry out the powers and duties in the code and laws of 
the state and Texas Civil Statutes, Article 6252-33, which require the board to 
adopt rules for advisory committees to the board. 
 There are no statutory provisions affected by the proposed amendment. 
 
 
  sec.379.4. [Economically Distressed Areas Program] Innovative and Alternative 
Technology Committee. 
 
  (a) Purpose and Task. The committee will provide guidance to the executive 
administrator on the design, construction and monitoring of innovative and 
alternative technology projects. The committee will provide information to 
evaluate and<nl>, as appropriate,<ol> recommend funding of eligible projects to 
assure optimum use of state and federal funds. 
   
  (b)  Composition. The committee shall be composed of three representatives 
from the Texas Natural Resources conservation Commission's staff, three from the 
United States Environmental Protection Agency's staff and one representative 
from the Governor's On-site Wastewater Treatment Research Council. The executive 
administrator may designate other committee members. 
   
  (c) Manner of Reporting. The members will review and evaluate applications 
received by the board for financial assistance <nl>, and other proposals, <ol> 
to design, construct, demonstrate <nl>or<ol> [and] evaluate innovative and 
alternative technology projects [for the colonias] and shall report its 
recommendation to the executive administrator. 
   
  (d)  Expiration Date. This committee is automatically abolished on September 
1, 1997, unless the board amends this subsection to establish a different date. 
 
  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 May 5, 1994. 
 TRD-9440544 
  Craig D. Pederson 
 Executive Administrator 
 Texas Water Development Board 
    Proposed date of adoption: June 16, 1994 
 For further information, please call: (512) 463-7981 
         
                 
  TITLE 37. PUBLIC SAFETY AND CORRECTIONS 
 Part III. Texas Youth Commission 
  Chapter 81. Administrative Provisions 
  
  General 
 
  37 TAC sec.81.31 
 
  The Texas Youth Commission (TYC) proposes new section sec.81.31, concerning 
TYC involvement in-family in reducing recidivism advisory committee. The new 
rule will outline procedures for TYC participation in the Role of the Family in 
Reducing Recidivism Advisory Committee as established under Government Code, 
sec.501.011. 
 John Franks, director, Fiscal Affairs, has determined that for the first five 
years the section is in effect there will be no fiscal implications for state or 
local government as a result of enforcing or administering the section. 
 Mr. Franks also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be more efficient study of programs in TYC juvenile facilities. 
There will be no effect on small businesses. There is no anticipated economic 
cost to persons who are required to comply with the section as proposed. 
 Comments on the proposal may be submitted to Gail Graham, Policy and Manuals 
Coordinator, Texas Youth Commission, 4900 North Lamar, P.O. Box 4260, Austin, 
Texas 78765. 
   
  The new section is proposed under and implements the Human Resources Code, 
sec.61.034, which provides the Texas Youth Commission with the authority to make 
rules appropriate to the proper accomplishment of its functions. 
 
 
  sec.81.31 Communications. 
 
  (a) Policy. The Texas Youth Commission (TYC) will participate in and support 
the Role of the Family in Reducing Recidivism Advisory Committee established 
under Government Code, sec.501.011. The committee will meet to study and make 
recommendations on: 
 
  (1) visitation policies in Texas Youth Commission juvenile facilities; 
   
  (2) the availability and effectiveness of rehabilitation programs in TYC 
juvenile facilities; 
   
  (3) the efficiency of educational and vocational programs in TYC juvenile 
facilities; and 
   
  (4) other issues of special interest to families with a relative detained in 
TYC juvenile facilities. 
     
  (b) Rules. 
 
  (1) Procedure. 
 
  (A) The advisory committee will meet on a quarterly basis. 
   
  (B) The committee will consist of 11 members. The governor, lieutenant 
governor and speaker of the house of representatives will each appoint two 
members. The remaining five members will represent TDCJ-Institutions, TYC, TDCJ-
Pardons and Paroles, Attorney General's Office and TYC-Community Services 
Division. 
   
  (C) The agenda will be established by the chairperson as appointed by the 
governor. 
   
  (D) Minutes of each meeting will be taken by a person designated by the 
committee. 
   
  (E) Results of the studies conducted by the committee will be given to the 
legislature in the form of recommendations. It will not be required that the 
recommendations be implemented. 
   
  (F) The committee findings will be made available to the governor, lieutenant 
governor and speaker of the house through biennial reports. 
     
  (2) TYC Duties. TYC assigned staff will: 
 
  (A) attend the quarterly committee meetings; 
   
  (B) actively participate in committee activities; 
   
  (C) attempt to provide available resources to the committee; 
   
  (D) consider all recommendations made by the committee; and 
   
  (E) report committee findings to the agency through the agency's management 
team and or executive staff. 
     
  (3) Evaluation. 
 
  (A) The committee's work, usefulness and cost to the agency will be evaluated 
on an annual basis. The evaluation will be completed by June 15 and will be 
conducted by the agency's management team and/or executive staff. 
   
  (B) The agency will report evaluation findings to the Legislative Budget 
Board. 
     
  (4) Abolishment. The committee will be automatically abolished on September 1, 
1997, unless the Texas Youth Commission board affirmatively votes to continue 
the committee in existence. 
 
  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 May 5, 1994. 
 TRD-9440377 
  Steve Robinson 
 Executive Director 
 Texas Youth Commission 
    Earliest possible date of adoption: June 13, 1994 
 For further information, please call: (512) 483-5244 
         
                   Part VII. Texas Commission on Law Enforcement Officer 
Standards and Education 
  Chapter 211. Administration Division 
  
  37 TAC sec.211.66, sec.211.67 
 
  (Editor's note: The text of the following sections proposed for repeal will 
not be published. The sections may be examined in the offices of the Texas 
Commission on Law Enforcement Officer Standards and Education or in the Texas 
Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, 
Austin.) 
   
  The Texas Commission on Law Enforcement Officer Standards and Education 
(commission) proposes the repeal of sec.211.66, concerning Agreement Training 
and sec.211.67, concerning Academy Advisory Boards. The proposed new sec.215.66, 
concerning Agreement Training, will replace sec.211.66; and the proposed new  
s215.67, Training Provider Advisory Boards, will replace  s211.67. 
 Truman Lewis, assistant director to the commission, has determined that for the 
first five-year period the proposed repeals are in effect, there will be no 
major fiscal implications for state or local government as a result of enforcing 
or administering these repeals. No increase or decrease in costs nor increase or 
loss of revenue to state or local government is expected as a result of 
enforcing or administering these repeals. 
 Mr. Lewis also has determined that for each year of the first five years the 
proposed repeal is in effect, the citizens of Texas will derive a benefit as 
consistent guidelines are established for both licensed academies and agreement 
training providers. There will be no effect on small businesses nor anticipated 
economic costs to persons who comply with these repeals as proposed. 
 Comments on the proposal may be submitted to Truman Lewis, Assistant Director, 
Texas Commission on Law Enforcement Officer Standards and Education, 1033 La 
Posada, Suite 240, Austin, Texas 78752. 
 The repeals are proposed under the Texas Government Code, Chapter 415, 
sec.415.010(1), which provides the commission with authority to pass rules for 
the administration of this chapter; and under the Texas Government Code, 
Chapters 2001 and 2002, which taken together establish the procedures for the 
rule making requirements for the commission. 
 
 
  sec.211.66. Agreement Training. 
 
   
  sec.211.67. Academy Advisory Boards. 
 
  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 May 4, 1994. 
 TRD-9440315 
  Truman Lewis 
 Assistant Director 
 Texas Commission on Law Enforcement Officer Standards and Education 
    Earliest possible date of adoption: June 13, 1994 
 For further information, please call: (512) 450-0188 
         
         
  37 TAC sec.211.70 
 
  (Editor's note: The text of the following section proposed for repeal will not 
be published. The section may be examined in the offices of the Texas Commission 
on Law Enforcement Officer Standards and Education or in the Texas Register 
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) 
   
  The Texas Commission on Law Enforcement Officer Standards and Education 
(commission) proposes the repeal of sec.211.70, concerning the minimum training 
standards for reserve law enforcement officers. The proposed new sec.219.70, 
concerning Minimum Training Standards for Reserves, will replace sec.211.70. 
 Truman Lewis, assistant director to the commission, has determined that for the 
first five-year period the proposed repeal is in effect, there will be no major 
fiscal implications for state or local government as a result of enforcing or 
administering this repeal. No increase or decrease in costs nor increase or loss 
of revenue to state or local government is expected as a result of enforcing or 
administering this repeal. 
 Mr. Lewis also has determined that for each year of the first five years the 
proposed repeal is in effect, the citizens of Texas will derive a benefit of a 
better trained law enforcement community when reserves are provided the 
opportunity to complete the required mandated training course through 
alternative methods. There will be no effect on small businesses nor anticipated 
economic costs to persons who comply with this repeal as proposed. 
 Comments on the proposal may be submitted to Truman Lewis, Assistant Director, 
Texas Commission on Law Enforcement Officer Standards and Education, 1033 La 
Posada, Suite 240, Austin, Texas 78752. 
 The repeal is proposed under the Texas Government Code, Chapter 415, sec.415. 
010(1) which provides the commission with authority to pass rules for the 
administration of this Chapter; sec.415.010(9) which provides the commission 
with authority to establish minimum standards for licensing; sec.415.031(a) 
which requires the commission to establish and maintain training programs; and 
under the Texas Government Code, Chapters 2001 and 2002, which taken together 
establish the procedures for the rule making requirements for the commission. 
 
 
  sec.211.70. Minimum Training Standards for Reserves. 
 
  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 May 4, 1994. 
 TRD-9440317 
  Truman Lewis 
 Assistant Director 
 Texas Commission on Law Enforcement Officer Standards and Education 
    Earliest possible date of adoption: June 13, 1994 
 For further information, please call: (512) 450-0188 
         
         
  37 TAC sec.211.75 
 
  (Editor's note: The text of the following section proposed for repeal will not 
be published. The section may be examined in the offices of the Texas Commission 
on Law Enforcement Officer Standards and Education or in the Texas Register 
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) 
   
  The Texas Commission on Law Enforcement Officer Standards and Education 
(commission) proposes the repeal of sec.211.75, concerning Advisory Boards. The 
proposed new sec.215.67, concering Training Provider Advisory Boards, will 
replace sec.211.75. 
 Truman Lewis, assistant director to the commission, has determined that for the 
first five-year period the proposed repeal is in effect, there will be no major 
fiscal implications for state or local government as a result of enforcing or 
administering this repeal. No increase or decrease in costs nor increase or loss 
of revenue to state or local government is expected as a result of enforcing or 
administering this repeal. 
 Mr. Lewis also has determined that for each year of the first five years the 
proposed repeal is in effect, the citizens of Texas will derive a benefit as the 
same guidelines are being established for all training providers. There will be 
no effect on small businesses nor anticipated economic costs to persons who 
comply with this repeal as proposed. 
 Comments on the proposal may be submitted to Truman Lewis, Assistant Director, 
Texas Commission on Law Enforcement Officer Standards and Education, 1033 La 
Posada, Suite 240, Austin, Texas 78752. 
 The repeal is proposed under the Texas Government Code, Chapter 415, sec.415. 
010(1), which provides the Commission with authority to pass rules for the 
administration of Chapter 415; and under the Texas Government Code, Chapters 
2001 and 2002, which taken together establish the procedures for the rulemaking 
requirements for the commission. 
 
 
  sec.211.75. Advisory Boards. 
 
  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 May 4, 1994. 
 TRD-9440316 
  Truman Lewis 
 Assistant Director 
 Texas Commission on Law Enforcement Officer Standards and Education 
    Earliest possible date of adoption: June 13, 1994 
 For further information, please call: (512) 450-0188 
         
         
  37 TAC sec.211.100 
 
  (Editor's note: The text of the following section proposed for repeal will not 
be published. The section may be examined in the offices of the Texas Commission 
on Law Enforcement Officer Standards and Education or in the Texas Register 
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) 
   
  The Texas Commission on Law Enforcement Officer Standards and Education 
(commission) proposes the repeal of sec.211.100, concerning the in-service 
training requirements for agencies, that appoint peace officers or reserves. The 
proposed new  s221.100, concerning In-Service Training Requirements for Agencies 
that Appoint Peace Officers, Reserve Law Enforcement Officers, County Jailers, 
and Public Security Officers will replace  s211.100 in order to place the rule 
in compliance with applicable State law. 
 Truman Lewis, assistant director to the commission, has determined that for the 
first five-year period the proposed repeal is in effect, there will be no major 
fiscal implications for state or local government as a result of enforcing or 
administering this repeal. No increase or decrease in costs nor increase or loss 
of revenue to state or local government is expected as a result of enforcing or 
administering this repeal. 
 Mr. Lewis also has determined that for each year of the first five years the 
proposed repeal is in effect, the citizens of Texas will derive a benefit when 
law enforcement practitioners are adequately trained in contemporary issues that 
affect all the various segments of society. There will be no effect on small 
businesses nor anticipated economic costs to persons who comply with this repeal 
as proposed. 
 Comments on the proposal may be submitted to Truman Lewis, Assistant Director, 
Texas Commission on Law Enforcement Officer Standards and Education, 1033 La 
Posada, Suite 240, Austin, Texas 78752. 
 The repeal is proposed under the Texas Government Code, Chapter 415, sec.415. 
010(1), which provides the Commission with authority to pass rules for the 
administration of this Chapter; and  s415.034(a) and (b), which require the 
commission to recognize, prepare, or administer continuing education programs, 
and to require law enforcement agencies to provide such training. 
 
 
  sec.211.100. In-service Training Requirements for Agencies that Appoint Peace 
Officers or Reserves. 
 
  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 May 4, 1994. 
 TRD-9440320 
  Truman Lewis 
 Assistant Director 
 Texas Commission on Law Enforcement Officer Standards and Education 
    Earliest possible date of adoption: June 13, 1994 
 For further information, please call: (512) 450-0188 
         
           Chapter 215. Training and Educational Providers and related matters 
Division 
  
  37 TAC sec.215.66 
 
  The Texas Commission on Law Enforcement Officer Standards and Education 
(commission) proposes new sec.215.66, concerning the guidelines for the delivery 
of law enforcement training by contract providers. This new rule will replace 
sec.211.66. 
 Truman Lewis, assistant director to the commission, has determined that for the 
first five-year period the proposed new section is in effect, there will be no 
major fiscal implications for state or local government as a result of enforcing 
or administering this section. No increase or decrease in costs nor increase or 
loss of revenue to state or local government is expected as a result of 
enforcing or administering this section. 
 Mr. Lewis also has determined that for each year of the first five years this 
section is in effect, the citizens of Texas will derive a benefit as it is 
necessary to provide guidelines consistent with those applicable to licensed 
academies in order to maintain quality in the commission's training effort. 
There will be no effect on small businesses nor anticipated economic costs to 
persons who comply with this section as proposed. 
 Comments on the proposal may be submitted to Truman Lewis, Assistant Director, 
Texas Commission on Law Enforcement Officer Standards and Education, 1033 La 
Posada, Suite 240, Austin, Texas 78752. 
 The new section is proposed under Texas Government Code, Chapter 415, 
sec.415.010(1), which provides the commission with the authority to pass rules 
for the administration of this chapter; sec.415.010(7) which provides for 
contracts; sec.415.010(9) which provides the commission with authority to 
establish minimum standards; and sec.415.031(a) which requires the commission to 
establish and maintain training programs; and under the Texas Government Code, 
Chapters 2001 and 2002, which taken together establish the procedures for the 
rulemaking requirements for the commission. 
 
 
  sec.215.66. Agreement Training. 
 
  (a) The commission may, in the discretion of the executive director, enter 
into an agreement with a law enforcement agency, a law enforcement association, 
or alternative delivery trainer to conduct training for license holders. 
   
  (b) Any such agreement is limited to those terms expressly included in the 
agreement or incorporated by reference and must be dated and: 
 
  (1) in writing on a commission form; 
   
  (2) signed by a commission staff member; 
   
  (3)  signed by the chief administrator or head of the sponsoring organization; 
and 
   
  (4) signed by the training coordinator responsible for the administration of 
that training. 
     
  (c) An agreement may approve a specific course(s) and the number of times it 
will be offered. These contracts are perpetual but may be terminated for cause 
within ten days by written notice on the part of either party to the contract. 
An agreement may incorporate by reference a law, rule, or any other document. 
However, any waiver, exception, or deletion must be express. 
   
  (d) The commission may terminate an agreement if no training is conducted 
within each calendar year unless the chief administrator has petitioned the 
commission for a waiver, and the waiver has been granted. The commission may 
suspend an agreement, until compliance, for any violation of its terms or of any 
commission rule or law. Any party may terminate it upon written notice to all 
other parties, received by either the executive director, the coordinator, or 
any other named person or office. 
   
  (e) The agreeing agency, association, or alternative delivery trainer must: 
 
  (1) provide a comprehensive needs assessment to the Commission justifying the 
need for an agreement. The needs assessment must include as a minimum: 
 
  (A) the names of the licensed academies located in the council of governments 
or regional planning commission area of the requesting party; 
   
  (B) a description of the existing law enforcement training programs in the 
area; 
   
  (C) what specific training need(s) are to be addressed by the proposed 
agreement contract. 
   
  (D) the number and types of courses that will be offered during the first 
quarter of the executed contract; 
     
  (2) appoint and maintain an advisory board as required by law and rule; 
   
  (3) follow the current requirements set by its advisory board; 
   
  (4) select a training facility that meets all academy inspection requirements, 
if applicable; 
   
  (5) select any instructional material, equipment, or resources necessary for 
the course; 
   
  (6)  forward for approval, upon commission request, at least one copy of the 
learning objectives of each course covered by the agreement; 
   
  (7)  appoint and maintain the appointment of a qualified training coordinator; 
   
  (8) insure the training coordinator discharges any responsibilities required 
by law, rule, or agreement; 
   
  (9) select and monitor the performance of qualified instructors; 
   
  (10) admit any license holder subject to any reasonable limitations or 
preferences required by the advisory board; 
   
  (11) insure effective training and distribute learning objectives to each 
student before the course is taught; 
   
  (12) teach or insure that each course is taught in accordance with the 
instructor guide and/or learning objectives provided or approved by the 
commission; 
   
  (13)  keep records of all agreement training for at least five years; and 
   
  (14) proctor any required examination and insure fair, honest results. 
     
  (f) Unless expressly waived by the agreement: 
 
  (1) an advisory board for agreement training must discharge the 
responsibilities of such boards as required by law or rule; and 
   
  (2) a training coordinator for an agreement must discharge the same 
responsibilities as an academy training coordinator and must hold a valid 
instructor license. 
     
  (g) By entering into any such agreement, the commission preapproves specific 
training which will be fully credited by the commission to each student as basic 
or inservice training or to the agency as in-service training provided by that 
agency, unless: 
 
  (1) the training was not conducted in compliance with the agreement; or 
   
  (2) the advisory board, training coordinator, or instructor substantially 
failed to discharge any responsibility required by rule. 
     
  (h) Once the agreement has been executed, the agreement trainer may be 
evaluated periodically by the commission as determined by the commission. The 
evaluation may be accomplished by commission staff or by training professionals 
selected and trained by commission staff. 
   
  (i)  The effective date of this section is September 1, 1994. 
 
  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 May 4, 1994. 
 TRD-9440313 
  Truman Lewis 
 Assistant Director 
 Texas Commission on Law Enforcement Officer Standards and Education 
    Earliest possible date of adoption: June 13, 1994 
 For further information, please call: (512) 450-0188 
         
           
  37 TAC sec.215.67 
 
  The Texas Commission on Law Enforcement Officer Standards and Education 
(commission) proposes new sec.215.67, concerning Training Provider Advisory 
Boards. This new rule will amend and replace sec.211.67, concerning Academy 
Advisory Boards, and sec.211.75, concerning Advisory Boards. 
 Truman Lewis, assistant director to the commission, has determined that for the 
first five-year period the proposed new section is in effect, there will be no 
major fiscal implications for state or local government as a result of enforcing 
or administering this section. No increase or decrease in costs nor increase or 
loss of revenue to state or local government is expected as a result of 
enforcing or administering this section. 
 Mr. Lewis also has determined that for each year of the first five years this 
section is in effect, the citizens of Texas will derive a benefit as it will 
establish consistent guidelines for both licensed academies and agreement 
training providers. There will be no effect on small businesses nor anticipated 
economic costs to persons who comply with this section as proposed. 
 Comments on the proposal may be submitted to Truman Lewis, Assistant Director, 
Texas Commission on Law Enforcement Officer Standards and Education, 1033 La 
Posada, Suite 240, Austin, Texas 78752. 
 The new section is proposed under Texas Government Code, Chapter 415, 
sec.sec.415.010(1), 415.031(a), and 415.031(c), which provide the commission 
with the authority to pass rules for the administration of Chapter 415; and 
under the Texas Government Code, Chapters 2001 and 2002, which taken together 
establish the procedures for the rule making requirements for the commission. 
 
 
  sec.215.67. Training Provider Advisory Boards. 
 
  (a) Each licensed academy and each agreement training provider approved by the 
commission must establish and maintain an advisory board as required by law. To 
be established, this board must have at least three members who are appointed by 
the sponsoring organization. To be maintained, the active, appointed membership 
of the board must not fall below a quorum for more than 30 days. 
   
  (b) The board may have members who are law enforcement personnel. However one-
third of the members must be public members having the same qualifications, 
found in the Government Code, sec.sec.415-005, as any commissioner who is 
required by law to be a member of the general public. The chief administrator or 
head of the sponsoring organization and the designated training coordinator may 
only be ex-officio, non-voting members. 
   
  (c)  The board must elect a chairman and may elect other officers and set its 
own rules of procedure. A quorum must be present in order to conduct business. 
   
  (d) A board must meet at least once each calendar year. More frequent meetings 
may be called by its chairman, the training coordinator, or the person who 
appoints the board. 
   
  (e) A board will keep written minutes of all meetings. These minutes must be 
retained for at least five years and a copy forwarded to the commission upon 
board approval. 
   
  (f) Board members will be appointed by the following authority: 
 
  (1) for an agency academy, by the chief administrator as defined in sec.211.1 
of this title (relating to definitions); 
   
  (2) for a college academy, by the dean or other person who appoints the 
training coordinator; or 
   
  (3) for a regional academy, by the head of the council of governments or other 
sponsoring entity holding the academy license from names submitted by chief 
administrators from that area; or 
   
  (4) for an agreement training provider, by the chief administrator. 
     
  (g) A member may be removed by the appointing authority. 
   
  (h) A board is generally responsible for advising on the development of 
curricula and any other related duty that may be required by the commission. 
   
  (i) The board must, as specific duties: 
 
  (1) effectively discharge its responsibilities and otherwise comply with 
commission rules; 
   
  (2) advise on the need to study, evaluate, and identify specific training 
needs; 
   
  (3) advise on the determination of the types, frequency, and location of 
course to be offered; and 
   
  (4)  advise on the establishment of the standards for admission, 
prerequisites, minimum and maximum class size, attendance, and retention. 
     
  (j) A board must advise on the establishment of admission standards, and 
determine the order of preference between employees or prospective appointees of 
the sponsoring organization and other persons, if any. No person may be admitted 
to a training course without meeting the admission standards. 
   
  (k) A board may, when discharging its responsibilities, request that a report 
be made or some other information be provided to them by a training or course 
coordinator. 
   
  (l) The effective date of this section is September 1, 1994. 
 
  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 May 4, 1994. 
 TRD-9440314 
  Truman Lewis 
 Assistant Director 
 Texas Commission on Law Enforcement Officer Standards and Education 
    Earliest possible date of adoption: June 13, 1994 
 For further information, please call: (512) 450-0188 
         
             Chapter 219. Pre-licensing and Reactivation Courses, Tests, and 
Endorsement of Eligibility Division 
  
  37 TAC sec.219.70 
 
  The Texas Commission on Law Enforcement Officer Standards and Education 
(commission) proposes new sec.219.70, concerning minimum training standards for 
reserves, this new rule will replace sec.211.70, and will provide reserves with 
convenient means of acquiring mandated training through alternative methods. 
 Truman Lewis, assistant director to the commission, has determined that for the 
first five-year period the proposed new section is in effect, there will be 
fiscal implications for state and local units of government as a result of 
enforcing or administering this section. The total cost for fiscal years 1995-
1999 is anticipated to be $387,840.00. 
 Mr. Lewis also has determined that for each year of the first five years this 
section is in effect, the public benefit anticipated as a result of enforcing 
this section will be better trained and more knowledgeable reserves. There will 
be no effect on small businesses. The anticipated economic cost to individuals 
who are required to comply with this section as proposed will vary from a low 0 
to a high of $900 per student, depending on the cost to student charged by each 
provider. 
 Comments on the proposal may be submitted to Truman Lewis, Assistant Director, 
Texas Commission on Law Enforcement Officer Standards and Education, 1033 La 
Posada, Suite 240, Austin, Texas 78752. 
 The new section is proposed under Texas Government Code, Chapter 415, 
sec.415.010(1), which provides the commission with authority to pass rules for 
the administration of this chapter; sec.415.010(9) which provides the commission 
with the authority to establish minimum standards for licensing; and 
sec.415.031(a) which requires the commission to establish and maintain training 
programs; and under the Texas Government Code, Chapters 2001 and 2002, which 
taken together establish the procedures for the rule making requirements for the 
commission. 
 
 
  sec.219.70. Minimum Training Standards for Reserves. 
 
  (a) The minimum training standards for permanent licensing for a reserve on 
and after September 1, 1994, shall be: 
 
  (1) completion of the 560-hour basic peace officer course; 
   
  (2) successful completion of the college level law enforcement courses, which 
are known as the criminal justice transfer curriculum with law enforcement 
emphasis and the Texas peace officer sequence; 
   
  (3) completion of any specifically required supplementary or remedial 
training; or 
   
  (4) credit for sufficient previous training which is equivalent to the current 
basic peace officer course, including specifically, completion of one each of 
the separate reserve component courses which together meet or exceed the 
learning objectives of the basic peace officer course. 
     
  (b) On and after September 1, 1994, the commission shall issue one of the 
following licenses to an applicant who meets all other reserve licensing 
standards, including the appropriate state examination: 
 
  (1)  a permanent peace officer license to a reserve applicant who meets the 
full peace officer training standard and who has passed the peace officer exam; 
or 
   
  (2) a conditional reserve license to an applicant who has passed the reserve 
exam and who: 
 
  (A) under the professional training path, has received credit for at least the 
228-hour basic reserve course; or 
   
  (B)  under the academic path, has successfully completed at least the college 
level law enforcement courses which are known as the criminal justice transfer 
curriculum with law enforcement emphasis and the course, known as Texas peace 
officer skills, from the Texas peace officer sequence. 
       
  (c) A conditional reserve license expires if the holder has not received 
credit for the following training, or successfully completed the following 
courses, under each respective path, within the specified time from the 
conditional license date: 
 
  (1) under the professional training path: 
 
  (A) the 190-hour intermediate reserve course within two years; 
   
  (B) both the 190-hour intermediate reserve and the 142-hour advanced reserve 
courses within four years; and 
     
  (2) under the academic path: 
 
  (A) the Texas peace officer laws course within two years; or 
   
  (B) both the Texas peace officer laws and procedures courses within four 
years. 
       
  (d) In any event, a conditional reserve license will expire after four years 
if the holder has not passed the peace officer exam and, if it has expired after 
four years, such license will never be reinstated or reissued. If it has expired 
after two years, the commission may reinstate an expired conditional reserve 
license for the balance of the original four-year period, but only if the holder 
has been reported to the commission as having successfully completed either the 
190-hour intermediate reserve course or the Texas peace officer laws course, 
under each respective path. 
   
  (e) The commission may, through its executive director, review documentation 
of previous training submitted by a potential license applicant or an appointing 
agency and may then either: 
 
  (1) accept that training as equivalent to any training required under the 
current commission standards; or 
   
  (2) require specific supplementary or remedial training necessary to equate 
the previous training to those current standards. 
     
  (f) However, if the previous training is out-of-state, the applicant may 
challenge the state license exam referred to in sec.211.74 of this title 
(relating to State Examinations) once. If challenged and passed, the license 
will be issued. If failed, the applicant may not be retested until successful 
completion of a supplementary peace officer training course in addition to any 
out-of-state training which may have been credited. 
   
  (g) Each reserve course, basic, intermediate, and advanced, shall cover the 
subjects and be taught in accordance with the current instructor guides provided 
by the commission. 
   
  (h) The basic reserve course shall consist of 228 hours of instruction, 
including the following topics and hours: Introduction and Orientation (2 
hours), U.S. & Texas Constitutions and Bill of Rights (10 hours), Penal Code (40 
hours), Use of Force-Law (8 hours), Use of Force-Concepts (16 hours), Strategies 
of Defense-Mechanics of Arrest (40 hours), Strategies of Defense-Firearms (40 
hours), Traffic Law (24 hours), Code of Criminal Procedure (16 hours), Emergency 
Medical Assistance (16 hours), Professionalism and Ethics (8 hours), Juvenile 
Issues-Texas Family Code (8 hours). 
   
  (i) The intermediate reserve course shall consist of 190 hours of instruction, 
including the following subjects and topics: Arrest, Search & Seizure (24 
hours), Traffic (48 hours), Patrol Procedures (40 hours), Civil Process and 
Liability (12 hours), Interpersonal Communications/Report Writing (24 hours), 
Field Notetaking (4 hours), Texas Alcoholic Beverage Code (4 hours), Emergency 
Communications (12 hours), Family Violence and Related Assualtive Offenses (16 
hours), Recognizing & Interacting with Persons with Mental Illness & Mental 
Retardation (6 hours). 
   
  (j) The advanced reserve course shall consist of 142 hours of instruction, 
including the following topics and hours: Drugs (8 hours), Multiculturalism and 
Human Relations (12 hours), Victims of Crime (8 hours), Crowd Management (2 
hours), Hazardous Materials Awareness (6 hours), Fitness and Wellness (6 hours), 
Criminal Investigation (45 hours), Professional Police Driving (32 hours), 
History of Policing (3 hours), Criminal Justice System (2 hours), Stress 
Management for Peace Officers (8 hours), Problem Solving and Critical Thinking 
(4 hours), Professional Policing Approaches (6 hours). 
   
  (k) On and after January 1, 1989, an applicant for a conditional reserve 
license, who has met the minimum training standards for reserves, must pass the 
required state licensing examination before two years has elapsed after meeting 
those standards. If not, training or courses that would otherwise meet the 
minimum standards of this section must be supplemented by completion of the 
supplementary peace officer training course. The executive director may, in his 
discretion, determine the exact date of completion or credit in unusual or 
questionable cases. 
   
  (l) The effective date of this section is September 1, 1994. 
 
  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 May 4, 1994. 
 TRD-9440318 
  Truman Lewis 
 Assistant Director 
 Texas Commission on Law Enforcement Officer Standards and Education 
    Earliest possible date of adoption: June 13, 1994 
 For further information, please call: (512) 450-0188 
         
             Chapter 221. Proficiency Certificates and other Post-basic Licenses 
Division 
  
  37 TAC sec.221.100 
 
  The Texas Commission on Law Enforcement Officer Standards and Education 
(commission) proposes new sec.221.100, concerning the in-service training 
requirements for agencies that appoint peace officers, reserve law enforcement 
officers, county jailers, and public security officers, this new rule will 
replace sec.211.100, which did not address all provisions of the amended Chapter 
415, Government Code. 
 Truman Lewis, assistant director to the commission, has determined that for the 
first five-year period the proposed new section is in effect, there will be 
fiscal implications for state and local units of government as a result of 
enforcing or administering this section. The total cost for fiscal year 1995 is 
anticipated to be $378,931.80. 
 Mr. Lewis also has determined that for each year of the first five years this 
section is in effect, the citizens of Texas will derive a benefit when law 
enforcement practitioners are adequately trained in contemporary issues that 
affect all the various segments of society. There will be no effect on small 
businesses nor anticipated economic costs to persons who comply with this 
section as proposed. 
 Comments on the proposal may be submitted to Truman Lewis, Assistant Director, 
Texas Commission on Law Enforcement Officer Standards and Education, 1033 La 
Posada, Suite 240, Austin, Texas 78752. 
 The new section is proposed under Texas Government Code, Chapter 415, 
sec.415.010(1), which provides the Commission with authority to pass rules for 
the administration of Chapter 415; sec.415.034(a) and (b), which requires the 
Commission to recognize, prepare, or administer continuing education programs, 
and to require law enforcement agencies to provide such training; and under 
Texas Government Code, Chapters 2001 and 2002, which taken together establish 
the procedures for the rulemaking requirements for the Commission. 
 
 
  sec.221.100. In-service Training Requirements for Agencies that Appoint Peace 
Officers, Reserve Law Enforcement Officers, County Jailers, and Public Security 
Officers. 
 
  (a) An agency that appoints or employs county jailers, or public security 
officers may provide, as defined in subsection (f) of this section, and during 
each 24-month period, training and instruction in civil rights, racial 
sensitivity, and cultural diversity. 
   
  (b) An agency that appoints peace officers or reserve law enforcement officers 
shall provide, as defined in subsection (f) of this section, the in-service 
training program required by this section. The program shall consist of one or 
more in-service courses, that total at least 40 hours during each 24-month 
period and must: 
 
  (1) be approved by the commission; and 
   
  (2) include education and training in: 
 
  (A) civil rights, racial sensitivity, and cultural diversity; and 
   
  (B) the recognition of cases that involve the following: 
 
  (i) child abuse; 
   
  (ii)  child neglect; 
   
  (iii) family violence; and 
   
  (iv)  sexual assault. 
         
  (c) An officer appointed to the officer's first supervisory position on or 
after September 1, 1993 must receive in-service training on supervision as part 
of a course or courses provided under subsection (b) of this section during the 
24-month period after the date of that appointment. 
   
  (d) All constables and their deputies, as a part of their 40 hour in-service 
training requirement, shall complete 20 hours of instruction in civil process. A 
constable may, by written certification to the commission, exempt from the civil 
process training those deputies who do not serve process. The first 24-month 
period shall commence for each peace officer on that officer's date of 
appointment or September 1, 1993, whichever is later. 
   
  (e) An agency may voluntarily require of or provide to, any peace officer or 
other person employed or appointed by that agency, any additional training that 
exceeds this required in-service program. 
   
  (f) An agency provides a program or course, for purposes of this section if: 
 
  (1) the agency orders or requires attendance and successful completion as a 
condition of continued employment or appointment; and the agency pays all the 
cost of attendance and provides direct or compensatory time off for attendance; 
or 
   
  (2) the agency requires attendance and successful completion as a condition of 
continued commissioning; and the agency has issued the commission as provided by 
law to an officer who is appointed by another entity. 
     
  (g)  An in-service training program shall consist of one or more separate in-
service courses, each of which shall have a final examination or skills test, as 
appropriate, which must be passed before course completion credit will be 
awarded. Any such course shall be reasonably related to the current or 
prospective duties of each person who attends; and at least one such course 
provided by each agency should include instruction in recent changes in criminal 
or civil law. 
   
  (h) Unless otherwise provided by law, rule, or agreement, an agency or 
advisory board responsible for any in-service course shall, within its 
discretion: 
 
  (1) govern the conduct of that course; 
   
  (2) control the length, the number of times taught, and the specific content 
of any course; and 
   
  (3) assign any or all officers to attend any particular course. 
     
  (i) The effective date of this section is September 1, 1994. 
 
  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 May 4, 1994. 
 TRD-9440319 
  Truman Lewis 
 Assistant Director 
 Texas Commission on Law Enforcement Officer Standards and Education 
    Earliest possible date of adoption: June 13, 1994 
 For further information, please call: (512) 450-0188 
         
                 
  TITLE 40. SOCIAL SERVICES AND ASSISTANCE 
 Part I. Texas Department of Human Services 
  Chapter 15. Medicaid Eligibility 
  
  Subchapter F. Budget and Payment Plans 
 
  40 TAC sec.15.502, sec.15.503 
 
  The Texas Department of Human Services (DHS) proposes amendments to sec.15.502 
and sec.15.503, concerning deductions of incurred medical expenses and 
protection of spousal income and resources in its Medicaid Eligibility chapter. 
The purpose of the amendment to sec.15.502(b) is to eliminate oxygen as an 
allowable incurred medical expense. Section 15.502(d) includes a deduction from 
applied income if a client intends to return home within six months of admission 
to a facility and needs to meet expenses in maintaining the home. Section 
15.502(e) clarifies that the separate deduction for maintenance of the home is 
not allowable in companion cases. Section 15.502(f) includes guardianship fees 
as a deduction from an institutionalized client's applied income. Section 
15.503(c) eliminates unlimited burial funds as an exclusion in determining the 
resource assessment and initial eligibility under the spousal impoverishment 
policy. Section 15.503(i) clarifies that unlimited burial funds can not be 
excluded as a resource. 
 Burton F. Raiford, commissioner, has determined that for the first five-year 
period the proposed amendments are in effect there will be no fiscal 
implications for state or local governments as a result of enforcing or 
administering the amendments. 
 Mr. Raiford also has determined that for each year of the first five years the 
amendments are in effect the public benefit anticipated as a result of enforcing 
the amendments will be that allowable expense deductions will be consistent with 
institutional policy, more clients will be able to maintain their homes during 
short periods of institutionalization, clients who need guardians will be able 
to pay for the guardian's services, and agency rules and federal policy 
regarding spousal income and resources will be consistent. There will be no 
effect on small businesses. There is no anticipated economic cost to persons who 
are required to comply with the proposed sections. 
 Questions about the content of the proposal may be directed to Judy Coker at 
(512) 450-3227 in DHS's Long-Term Care Division. Comments on the proposal may be 
submitted to Nancy Murphy, Agency Liaison, Policy and Document Support-111, 
Texas Department of Human Services W-402, P.O. Box 149030, Austin, Texas 78714-
9030, within 30 days of publication in the Texas Register. 
 The amendments are proposed under the Human Resources Code, Title 2, Chapters 
22 and 32, which provides the department with the authority to administer public 
and medical assistance programs and under Texas Civil Statutes, Article 4413 
(502), sec.16, which provide the Health and Human Services Commission with the 
authority to administer federal medical assistance funds. 
 The amendments implement the Human Resources Code sec. s22.001-22.024 and 
sec.sec.32.001-32.042. 
 
 
  sec.15.502. Deduction of Incurred Medical Expenses. 
 
  (a) (No change.) 
   
  (b) Allowable deductions include but are not limited to 
 
  [(1) oxygen;] 
   
  <nl>(1)<ol>[(2)] parenteral fluids; 
   
  <nl>(2)<ol>[(3)] routine dental services, including dentures, for NF clients, 
and emergency dental services not covered by the Emergency Dental Services 
System; 
   
  <nl>(3)<ol>[(4)] medically necessary prosthetic devices; 
   
  <nl>(4)<ol>[(5)] medically necessary walking aids and special shoes/support 
devices for feet; and 
   
  <nl>(5)<ol>[(6)] physicals. 
     
  (c) (No change.) 
   
  <nl>(d)  The department allows a deduction from applied income if a client 
intends to return home within six months of admission to a nursing facility and 
needs to meet expenses in maintaining the home. The deduction is based on the 
client's mortgage or rent payment and average utility charges, excluding 
telephone. The amount deducted cannot exceed the Supplemental Security Income 
limit, not including the $20 disregard. The first month of the six-month period 
is the month of admission to the facility. 
   
  <nl>(e) A separate deduction for maintenance of the home is not allowable in 
companion cases. The spousal allowance provides for home maintenance in those 
cases. The home maintenance deduction is allowable if: 
 
  <nl>(1) the client notifies the eligibility specialist that he expects to be 
in a nursing facility for at least 30 consecutive days but no more than six 
months; 
   
  <nl>(2) the eligibility specialist receives a practitioner's certification 
within 90 days of admission. The practitioner certifies that the client is 
likely to leave the facility within six months of admission; and 
   
  <nl>(3) the eligibility specialist receives evidence within 90 days of 
admission that the client needs to maintain and provide for the expenses of the 
home to which he may return. 
     
  <nl>(f) The department allows a deduction from applied income for guardian 
fees. The deduction is the amount set by the court as the guardian/fiduciary 
fee. 
 
     
  sec.15.503. Protection of Spousal Income and Resources. 
 
  (a)-(b)  (No change.) 
   
  (c) The department must complete an assessment of a couple's resources upon 
request of either spouse or either spouse's representative when one spouse is 
institutionalized with the intention of remaining for 30 consecutive days. 
Intent to remain is based on the statement of either spouse. Hospital stays and 
therapeutic home visits are not considered as breaks in the 30-consecutive-day 
period. 
 
  (1) (No change.) 
   
  (2) Normal resource exclusions apply for assessment of resources and at 
initial application but not at annual review, except that the following are 
excluded regardless of value: 
 
  [(A) separately identifiable burial funds,] 
   
  <nl>(A)<ol>[(B)] home, 
   
  <nl>(B)<ol>[(C)] household goods, and 
   
  <nl>(C)<ol>[(D)] one automobile. 
     
  (3)-(5) (No change.) 
     
  (d)-(h) (No change.) 
   
  <nl>(i) Effective August 1, 1994, unlimited burial funds can no longer be 
excluded. The regular policy concerning burial funds, as specified in sec.15. 
442(e) of this title (relating to Personal Property), including $1,500 maximum 
per spouse, as reduced by the amount of excluded life insurance or irrevocable 
burial arrangements, funds separately identifiable and styled as burial funds, 
or tampering applies. A client may designate multiple resources as burial funds 
but the maximum excludable cannot exceed $1500 per spouse. 
 
  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 May 6, 1994. 
 TRD-9440519 
  Nancy Murphy 
 Section Manager, Policy and Document Support 
 Texas Department of Human Services 
    Proposed date of adoption: August 1, 1994 
 For further information, please call: (512) 450-3765 
         
             
  Chapter 19. Long Term Care Nursing Facility Requirement for Licensure and 
Medicaid Certification 
 Subchapter C. Resident Rights 
 
  40 TAC sec.19.217 
 
  The Texas Department of Human Services (DHS) proposes amendments to 
sec.sec.19.217, 19.501, 19.502, 19.601, 19.602, 19.802, 19.1001, 19.1005, 
19.1201, 19.1308, 19.1501, 19.1922, 19.1928, and 19.1929, concerning care of 
children in nursing facilities. As a result of a directive by the Senate Health 
and Human Services Committee of the Texas Legislature, DHS is proposing these 
amendments, which are intended to address concerns about the care of children in 
nursing facilities. 
 The amendments include requiring facilities to follow the Early and Periodic 
Screening, Diagnosis, and Treatment (EPSDT) guidelines for children; to 
coordinate services with the Early Childhood Intervention Program (ECI); to 
coordinate the use of the Individual Educational Plan (IEP) by both the schools 
and the nursing facility; to adopt additional safety measures and ensure 
appropriate environment; to use consultative pediatric nursing and medical care; 
to train staff in pediatric issues; to adopt pediatric policies and procedures; 
and to use assessments, especially developmental, that are pediatric instead of 
adult. 
 Burton F. Raiford, commissioner, has determined that for the first five-year 
period the proposed amendments will be in effect there will be no fiscal 
implications for state or local government as a result of enforcing or 
administering the amendments. 
 Mr. Raiford also has determined that for each year of the first five years the 
amendments are in effect the public benefit anticipated as a result of enforcing 
the amendments will be improved care of children in nursing facilities. There 
will be no effect on small businesses. There is no anticipated economic cost to 
persons who are required to comply with the proposed amendments. 
 Questions about the content of the proposal may be directed to Susan Syler at 
(512) 450-3111 in DHS's Institutional Policy Section. Comments on the proposal 
may be submitted to Nancy Murphy, Agency Liaison, Policy and Document Support-
099, Texas Department of Human Services W-402, P.O. Box 149030, Austin, Texas 
78714-9030, within 30 days of publication in the Texas Register. 
 The amendment is proposed under the Human Resources Code, Title 2, Chapters 22 
and 32, which provides the department with the authority to administer public 
and medical assistance programs and under Texas Civil Statutes, Article 4413 
(502), sec.16, which provide the Health and Human Services Commission with the 
authority to administer federal medical assistance funds. 
 The amendment implements the Human Resources Code, sec. s22.001-22.024, 32. 
001-32.003, and 32.021-32.042. 
 
 
  sec.19.217. Directives and Durable Powers of Attorney for Health Care. 
 
  (a)-(b) (No change.) 
   
  <nl>(c) Nursing facilities that provide services to children must ensure that: 
 
  <nl>(1) prior to admission to the facility, the primary physician, who has 
been providing care to the child, has discussed advance directives with the 
family or guardian and documented this discussion; and 
   
  <nl>(2) the decision made by the family or guardian regarding advance 
directives is addressed in the comprehensive care plan (see sec.19.602 of this 
title (relating to Comprehensive Care Plans)). 
 
  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 May 6, 1994. 
 TRD-9440518 
  Nancy Murphy 
 Section Manager, Policy and Document Support 
 Texas Department of Human Services 
    Proposed date of adoption: July 1, 1994 
 For further information, please call: (512) 450-3765 
         
               
  Subchapter F. Quality of Life 
 
  40 TAC sec.19.501, sec.19.502 
 
  The amendments are proposed under the Human Resources Code, Title 2, Chapters 
22 and 32, which provides the department with the authority to administer public 
and medical assistance programs and under Texas Civil Statutes, Article 4413 
(502), sec.16, which provide the Health and Human Services Commission with the 
authority to administer federal medical assistance funds. 
 The amendments implement the Human Resources Code, sec. s22.001-22.024, 32. 
001-32.003, and 32.021-32.042. 
 
 
  sec.19.501. Quality of Life. A facility must care for its residents in a 
manner and in an environment that promotes maintenance or enhancement of each 
resident's quality of life. If children are admitted to a facility, care must be 
provided to meet their unique medical and developmental needs. 
 
  (1)-(5) (No change.) 
   
  <nl>(6) Accommodations for children. Pediatric residents should be matched 
with roommates of similar age and developmental levels, when feasible. 
 
     
  sec.19.502. Activities. 
 
  (a)-(d) (No change.) 
   
  <nl>(e)  Toys for pediatric residents must be appropriate for the size, age, 
and developmental stage of the residents. 
 
  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 May 6, 1994. 
 TRD-9440517 
  Nancy Murphy 
 Section Manager, Policy and Document Support 
 Texas Department of Human Services 
    Proposed date of adoption: July 1, 1994 
 For further information, please call: (512) 450-3765 
         
             
  Subchapter G. Resident Assessment 
 
  40 TAC sec.19.601, sec.19.602 
 
  The amendments are proposed under the Human Resources Code, Title 2, Chapters 
22 and 32, which provides the department with the authority to administer public 
and medical assistance programs and under Texas Civil Statutes, Article 4413 
(502), sec.16, which provide the Health and Human Services Commission with the 
authority to administer federal medical assistance funds. 
 The amendments implement the Human Resources Code, sec. s22.001-22.024, 32. 
001-32.003, and 32.021-32.042. 
 
 
  sec.19.601. Resident Assessment. <ol>The facility must conduct initially and 
periodically a comprehensive accurate, standardized, reproducible assessment of 
each resident's functional capacity. 
 
  (1)-(3)  (No change.) 
   
  <nl>(4) Pediatric resident assessment. 
 
  <nl>(A) The comprehensive assessment for children must include a record of 
immunizations, blood screening for lead, and developmental assessment. The local 
school district's developmental assessment may be used if available. See 
sec.19.2013 of this title (relating to Educational Requirements for Persons 
Under 22). 
   
  <nl>(B) Facility staff should assess the child's functional status in relation 
to pediatric developmental levels, rather than adult developmental levels. 
   
  <nl>(C) The facility staff must ensure pediatric residents receive services in 
accordance with the guidelines established by the Texas Department of Health's 
Early Periodic Screening, Diagnosis, and Treatment (EPSDT) Division. For 
Medicaid-eligible pediatric residents between the ages of six months and six 
years, screening for lead poisoning must be done in accordance with EPSDT 
guidelines. 
   
  <nl>(D) The facility must coordinate educational opportunities for pediatric 
residents from birth to age three with the local office of Early Childhood 
Intervention (ECI). 
   
  <nl>(E) The facility must coordinate educational opportunities for pediatric 
residents age three to 22 years with the local school district. See sec.19.2013 
of this title (relating to Educational Requirements for Persons Under 22). 
 
       
  sec.19.602. Comprehensive Care Plans. 
 
  (a)-(d) (No change.) 
   
  <nl>(e) The Individual Educational Plan (IEP), written by the school 
district's educational professionals, must be used in care planning for 
pediatric residents to enhance skills developed in the educational setting. If 
the IEP requires specific developmental skills, such as hand-to-eye 
coordination, the facility's care plan must include this. See sec.19.2013 of 
this title (relating to Educational Requirements for Persons Under 22). 
 
  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 May 6, 1994. 
 TRD-9440516 
  Nancy Murphy 
 Section Manager, Policy and Document Support 
 Texas Department of Human Services 
    Proposed date of adoption: July 1, 1994 
 For further information, please call: (512) 450-3765 
         
             
  Subchapter I. Nursing Services 
 
  40 TAC sec.19.802 
 
  The amendment is proposed under the Human Resources Code, Title 2, Chapters 22 
and 32, which provides the department with the authority to administer public 
and medical assistance programs and under Texas Civil Statutes, Article 4413 
(502), sec.16, which provide the Health and Human Services Commission with the 
authority to administer federal medical assistance funds. 
 The amendment implements the Human Resources Code, sec. s22.001-22.024, 32. 
001-32.003, and 32.021-32.042. 
 
 
  sec.19.802. Additional Nursing Services Staffing Requirements. 
 
  (a)-(n) (No change.) 
   
  <nl>(o) Consultative pediatric nursing services must be available to facility 
staff if the nursing facility has a pediatric resident. 
 
  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 May 6, 1994. 
 TRD-9440515 
  Nancy Murphy 
 Section Manager, Policy and Document Support 
 Texas Department of Human Services 
    Proposed date of adoption: July 1, 1994 
 For further information, please call: (512) 450-3765 
         
             
  Subchapter K. Physician Services 
 
  40 TAC sec.19.1001, sec.19.1005 
 
  The amendments are proposed under the Human Resources Code, Title 2, Chapters 
22 and 32, which provides the department with the authority to administer public 
and medical assistance programs and under Texas Civil Statutes, Article 4413 
(502), sec.16, which provide the Health and Human Services Commission with the 
authority to administer federal medical assistance funds. 
 The amendments implement the Human Resources Code, sec. s22.001-22.024, 32. 
001-32.003, and 32.021-32.042. 
 
 
  sec.19.1001. Physician Services. <ol>A physician must personally approve in 
writing a recommendation that an individual be admitted to a facility. Each 
resident must remain under the care of a physician. The facility must ensure 
that: 
 
  (1)-(4) (No change.) 
   
  (5) a pediatrician or other physician with training or expertise in the 
clinical care of children with complex medical needs participate in all aspects 
of the medical care. 
 
     
  sec.19.1005. Physician Delegation of Tasks. 
 
  (a)-(c) (No change. ) 
   
  <nl>(d) The physician extender providing care to a pediatric resident must 
have training and expertise in the care of children with complex medical needs. 
 
  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 May 6, 1994. 
 TRD-9440514 
  Nancy Murphy 
 Section Manager, Policy and Document Support 
 Texas Department of Human Services 
    Proposed date of adoption: July 1, 1994 
 For further information, please call: (512) 450-3765 
         
             
  Subchapter M. Dental Services 
 
  40 TAC sec.19.1201 
 
  The amendment is proposed under the Human Resources Code, Title 2, Chapters 22 
and 32, which provides the department with the authority to administer public 
and medical assistance programs and under Texas Civil Statutes, Article 4413 
(502), sec.16, which provide the Health and Human Services Commission with the 
authority to administer federal medical assistance funds. 
 The amendment implements the Human Resources Code, sec. s22.001-22.024, 32. 
001-32.003, and 32.021-32.042. 
 
 
  sec.19.1201. Dental Services. <ol>The facility must assist residents in 
obtaining routine and 24-hour emergency dental care. 
 
  (1)-(4)  (No change.) 
   
  <nl>(5) The facility must coordinate dental services for pediatric residents 
age 12 months to 21 years, in accordance with Early Periodic Screening, 
Diagnosis, and Treatment (EPSDT) guidelines. 
 
  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 May 6, 1994. 
 TRD-9440513 
  Nancy Murphy 
 Section Manager, Policy and Document Support 
 Texas Department of Human Services 
    Proposed date of adoption: July 1, 1994 
 For further information, please call: (512) 450-3765 
         
             
  Subchapter N. Pharmacy Services 
 
  40 TAC sec.19.1308 
 
  The amendment is proposed under the Human Resources Code, Title 2, Chapters 22 
and 32, which provides the department with the authority to administer public 
and medical assistance programs and under Texas Civil Statutes, Article 4413 
(502), sec.16, which provide the Health and Human Services Commission with the 
authority to administer federal medical assistance funds. 
 The amendment implements the Human Resources Code, sec. s22.001-22.024, 32. 
001-32.003, and 32.021-32.042. 
 
 
  sec.19.1308. Drug Administration. 
 
  (a)-(e) (No change.) 
   
  (f) Nursing facilities must have current medication reference texts or 
sources<nl>, including information on pediatric medications, dosages, desired 
effects, and possible side-effects, if facilities have pediatric residents<ol>. 
   
  (g) (No change.) 
 
  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 May 6, 1994. 
 TRD-9440512 
  Nancy Murphy 
 Section Manager, Policy and Document Support 
 Texas Department of Human Services 
    Proposed date of adoption: July 1, 1994 
 For further information, please call: (512) 450-3765 
         
             
  Subchapter P. Physical Plant and Environment 
 
  40 TAC sec.19.1501 
 
  The amendment is proposed under the Human Resources Code, Title 2, Chapters 22 
and 32, which provides the department with the authority to administer public 
and medical assistance programs and under Texas Civil Statutes, Article 4413 
(502), sec.16, which provide the Health and Human Services Commission with the 
authority to administer federal medical assistance funds. 
 The amendment implements the Human Resources Code, sec. s22.001-22.024, 32. 
001-32.003, and 32.021-32.042. 
 
 
  sec.19.1501. General Requirements. <ol>The facility must be designed, 
constructed, equipped, and maintained to protect the health and ensure the 
safety of residents, personnel, and the public. If children are admitted to the 
facility, accommodations, furnishings, and equipment appropriate to children 
must be provided. (See also sec.19.505 of this title (relating to Environment).) 
 
  (1)-(2) (No change.) 
   
  (3) Space and equipment. The facility must: 
 
  (A) provide sufficient space and equipment in dining, health services, 
recreation, and program areas to enable staff to provide residents with needed 
services as required by these standards and as identified in each resident's 
plan of care; [and] 
   
  (B) maintain all essential mechanical, electrical, and patient care equipment 
in safe operating condition<nl>; <ol>[.] 
   
  <nl>(C) provide pediatric equipment and supplies in appropriate size for the 
age and developmental level of the child(ren). The pediatric supplies and 
equipment must be readily available for use; and 
   
  <nl>(D) have pediatric emergency equipment and supplies readily available for 
use. 
     
  (4)-(19) (No change.) 
   
  <nl>(20) Pediatric specifications. 
 
  <nl>(A) Pediatric residents' rooms should be decorated and furnished in 
accordance with the age and developmental level of the children. 
   
  <nl>(B) The environment for pediatric residents must be the least restrictive 
allowable while remaining within the parameters of safety. All areas of the 
facility accessible to children must be "child-proof" for safety hazards. This 
type of safety proofing is above the normal level of hazard control maintained 
for adult residents and includes addition of safety covers on all electrical 
outlets. 
   
  <nl>(C) Indoor and outdoor recreation areas should be designed to encourage 
exploration within the children's capabilities. 
 
  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 May 6, 1994. 
 TRD-9440511 
  Nancy Murphy 
 Section Manager, Policy and Document Support 
 Texas Department of Human Services 
    Proposed date of adoption: July 1, 1994 
 For further information, please call: (512) 450-3765 
         
               
  Subchapter T. Administration 
 
  40 TAC sec.sec.19.1922, 19.1928, 19.1929 
 
  The amendments are proposed under the Human Resources Code, Title 2, Chapters 
22 and 32, which provides the department with the authority to administer public 
and medical assistance programs and under Texas Civil Statutes, Article 4413 
(502), sec.16, which provide the Health and Human Services Commission with the 
authority to administer federal medical assistance funds. 
 The amendments implement the Human Resources Code, sec. s22.001-22.024, 32. 
001-32.003, and 32.021-32.042. 
 
 
  sec.19.1922. Resident Care Policies. 
 
  (a) The facility must have written policies to govern the nursing care and 
related medical or other services provided. The written policies must include 
plans for promoting self-care and independence. If children are admitted to the 
facility, written policies must address the <nl>unique  <ol>care <nl>needs 
<ol>of <nl>those <ol>children<nl>, consistent with currently acceptable 
pediatric practice<ol>. The written policies must also include but are not 
limited to: 
 
  (1)-(24)  (No change.) 
     
  (b)-(c) (No change.) 
 
     
  sec.19.1928. Volunteer Program. 
 
  (a)-(b) (No change.) 
   
  <nl>(c) The facility should promote volunteer programs designed to provide 
social, emotional, educational, and sensory opportunities for its pediatric 
residents. 
 
     
  sec.19.1929. Staff Development. <ol>Each facility must implement and maintain 
programs of orientation, training, and continuing in-service education to 
develop the skills of its staff (see sec.19.1903 of this title relating to 
Required Training of Nurse Aides). 
 
  (1)-(2) (No change.) 
   
  (3) Required in-service course content. 
 
  (A)-(C) (No change.) 
   
  (D) <nl>Facilities with pediatric residents must comply with the following: 
 
  <nl>(i)<nl> Facility staff must be trained in the use of pediatric equipment 
and supplies, including emergency equipment and supplies, if children are 
residents of the facility. 
   
  <nl>(ii)<nl> Facility staff should receive annual continuing education dealing 
with pediatric issues, including child growth and development and pediatric 
assessment, if children are residents of the facility. 
     
  <nl>(E)<ol>[(D)] The Quality Assessment and Assurance Committee, as described 
in sec.19.1917 of this title (relating to Quality Assessment and Assurance), 
must assist in identifying additional topics for continuing in-service 
education. 
     
  (4) (No change. ) 
 
  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 May 6, 1994. 
 TRD-9440510 
  Nancy Murphy 
 Section Manager, Policy and Document Support 
 Texas Department of Human Services 
    Proposed date of adoption: July 1, 1994 
 For further information, please call: (512) 450-3765 
         
               Chapter 27. Intermediate Care Facilities for the Mentally 
Retarded (ICFs-MR) 
  
  Subchapter E. Eligibility and Review 
 
  40 TAC sec.sec.27.503, 27.505, 27.507, 27.509, 27.511, 27.513, 27.515 
 
  The Texas Department of Human Services (DHS) proposes amendments to 
sec.sec.27.503, 27.505, 27.507, 27.509, 27.511, 27.513, and 27.515, concerning 
definitions for level-of-care criteria, eligibility for level-of-care 
assignment, level-of-care determination, ICF-MR I level-of-care criteria, ICF-MR 
V level-of-care criteria, ICF-MR VI level-of-care criteria, and ICF-MR/RC VIII 
level-of-care criteria, in its Intermediate Care Facilities for the Mentally 
Retarded (ICFs-MR) rule chapter. The purpose of the amendments is to add 
Americans with Disabilities Act requirements, level-of-care assignments 
according to special needs, and Adaptive Behavioral Level changes to reflect the 
American Association on Mental Deficiency definitions. 
 Burton F. Raiford, commissioner, has determined that for the first five-year 
period the proposed amendments will be in effect there will be no fiscal 
implications for state or local government as a result of enforcing or 
administering the amendments. 
 Mr. Raiford also has determined that for each year of the first five years the 
amendments are in effect the public benefit anticipated as a result of enforcing 
the amendments will be that the ICF-MR rules will contain requirements of the 
Americans with Disabilities Act. There will be no effect on small businesses. 
There is no anticipated economic cost to persons who are required to comply with 
the proposed amendments. 
 Questions about the content of the proposal may be directed to Maxcine 
Tomlinson at (512) 450-3169 in DHS's Institutional Policy Section. Comments on 
the proposal may be submitted to Nancy Murphy, Agency Liaison, Policy and 
Document Support-119, Texas Department of Human Services W-402, P.O. Box 149030, 
Austin, Texas 78714-9030, within 30 days of publication in the Texas Register. 
 The amendments are proposed under the Human Resources Code, Title 2, Chapters 
22 and 32, which provides the department with the authority to administer public 
and medical assistance programs and under Texas Civil Statutes, Article 4413 
(502), sec.16, which provide the Health and Human Services Commission with the 
authority to administer federal medical assistance funds. 
 The proposal implements the Human Resources Code, sec. s32.001-32.042. 
 
 
  sec.27.503. Definitions for Level-of-Care Criteria. The following words and 
terms, when used in this chapter, shall have the following meanings, unless the 
context clearly indicates otherwise: 
   
   Adaptive behavior level (ABL)-The effectiveness or degree to which the 
individual meets the standards of personal independence and social 
responsibility expected of the person's age and cultural group. [For the purpose 
of these rules, deficits in adaptive behavior are identified according to the 
American Association on Mental Deficiency's adaptive behavior levels (ABL I, II, 
III, or IV) as presented in the association's Classification in Mental 
Retardation, 1983 revision.] Assignment of an adaptive behavior level includes 
assessment of any maladaptive behavior. Maladaptive behaviors may influence the 
individual's independence in skills performance, self-motivation, and 
acceptability within his community. Maladaptive behaviors are inappropriate 
behaviors, emotional disturbances, or personality disorders. <nl>For the 
purposes of the rules in this chapter, adaptive behavior levels are determined 
by the codes outlined on the Texas Department of Human Services (DHS) level-of-
care assessment form. 
   
   [Ambulatory-Able to walk independently, without assistance.] 
   
   Continued stay review-The individual client review conducted by the Texas 
Department of <nl>Human Services (DHS) <ol>[Health (TDH)] no later than six 
months following the individual's admission to an ICF-MR facility and at least 
every six months thereafter. The purpose of each review is to determine if the 
individual continues to need the care and services provided by the ICF-MR 
Program and if the level-of-care assignment is appropriate. <nl>DHS <ol>[The 
Texas Department of Health] may determine that the individual no longer needs 
the care and services provided by the ICF-MR Program or that the level-of-care 
assignment is not appropriate. In this case, TDH staff members make a new level-
of-care assignment. 
   
   Mental retardation -Significantly subaverage general intellectual functioning 
existing concurrently with deficits in adaptive behavior and originating during 
the developmental period. Subaverage general intellectual functioning refers to 
measured intelligence on standardized psychometric instruments [of two or more 
standard deviations below the age group mean for the test used]. Developmental 
period means the period of time from conception to 18 years. Arrest or 
deterioration of intellectual ability that occurs after this period is 
functional retardation and does not meet the definition of mental retardation. 
   
   [Mobile nonambulatory -Unable to walk without assistance but able to move 
one's self from place to place with the use of a device.] 
   
   [Nonmobile-Unable to move one's self from place to place even with the use of 
a device.] 
 
   
  sec.27.505. Eligibility for Level-of-Care Assignment. 
 
  (a) (No change.) 
   
  (b) Individuals must be in need of and able to benefit from the active 
treatment provided in the 24-hour supervised residential setting of an ICF-MR 
facility. This must be evidenced by information submitted for a level-of-care 
assignment and determined by the Texas Department of <nl>Human Services 
<ol>[Health]. 
   
  (c) (No change.) 
 
     
  sec.27.507. Level-of-Care Determination. 
 
  (a) The level-of-care determination is performed by the Texas Department of 
<nl>Human Services DHS <ol>[Health] according to the level-of-care criteria in 
this subchapter. Information submitted to <nl>DHS  <ol>[the Texas Department of 
Health] must be based on current data obtained from standardized evaluations and 
formal assessments which include physical, emotional, social, and cognitive 
factors. 
   
  (b) (No change.) 
   
  (c) The ICF-MR Program has four levels of care: ICF-MR I, ICF-MR V, ICF-MR VI, 
and ICF-MR/RC VIII. Level-of-care determinations for the ICF-MR I, ICF-MR V, and 
ICF-MR VI levels of care are based on the individual's intellectual functioning. 
Level-of-care determinations are based on the following variables regarding the 
developmental needs of each individual: 
 
  (1)-(2) (No change.) 
   
  (3) <nl>primary diagnosis  <ol>[ambulation status]. 
     
  (d) (No change.) 
   
  (e) If an I.Q. score cannot be obtained for a <nl>person with severe or 
profound deficits in intellectual functioning <ol>[severely or profoundly 
retarded individual], a social composite score (S.C.) obtained on the Vineland 
Adaptive Behavior Scale or other professionally accepted scale must be 
submitted. Documentation must be available that an assessment of intelligence 
with a standardized instrument was attempted. 
   
  (f) (No change.) 
   
  (g) Some individuals may have special health care needs [or other special 
requirements] that necessitate placement in a facility which meets provisions of 
the National Fire Protection Association's Life Safety Code, 1985 edition, for 
accommodating special needs. When this occurs, placement in a facility that 
meets appropriate Life Safety Code requirements takes precedence over placement 
in a facility that matches the individual's level of care. In other words, if an 
individual with special needs cannot be placed in a facility that matches his 
level of care because no available facility has the capacity to meet his special 
needs, the individual may be placed in a facility with a higher level of care if 
it can meet his special needs in accordance with the Life Safety Code. This 
policy entails the following additional <nl>stipulation: <ol>[stipulations. 
 
  [(1)  Regardless of his level-of-care assignment, an individual who requires a 
medical care plan is eligible for residence only in a facility that meets the 
provisions of the 1985 Life Safety Code, Chapter 12 or Chapter 13. 
   
  [(2)]  A mobile, nonambulatory individual with an ICF-MR I level-of-care 
assignment is eligible for care in an ICF-MR V facility if no beds are available 
in an ICF-MR I facility that meets the individual's needs under the 1985 Life 
Safety Code, Chapter 21. 
     
  (h) If <nl>DHS <ol>[the Texas Department of Health] determines that 
information submitted for a level of care was not correct, the level-of-care 
assignment is reevaluated. If information originally submitted has changed, the 
level-of-care assignment is also reevaluated. 
   
  (i) If an individual's IQ, adaptive behavior level,  <nl>and/or <ol>health 
status [, and/or ambulation status] are such that he does not meet all the 
criteria for any one level of care, TDH conducts a special review of his 
application for a level of care. TDH may ask him to submit current 
psychological, social, medical, and/or other evaluations. 
   
  (j) The criteria for each level of care include a profile of typical 
developmental needs for that level of care. Based on I.Q., adaptive behavior 
level, <nl>and  <ol>health status [, and ambulation status], an individual may 
meet the criteria for two levels of care. In this situation, application is made 
for the level of care that best meets the individual's developmental needs. This 
determination is based on the profile that most closely describes the 
individual. A single deficit in any of the categories of skills noted in a 
profile does not necessarily make the individual ineligible for that level of 
care. 
 
     
  sec.27.509. ICF-MR I Level-of-Care Criteria. The individual eligible for the 
ICF-MR I Program must have the potential to participate in a training program 
that will prepare him for eventual placement in a less-structured living 
setting. The individual  <nl>requires services to assist him to function with as 
much self-determination and independence as possible. These services may include 
training and assistance in maintaining the home, managing money, using community 
resources, acquiring independence, and improving skills and/or behaviors related 
to self-care, socialization, cognitive development, sensory-motor functions, 
communications, and work (when appropriate to the individual's age) 
<ol>[requires training in the skills of independent living. This training 
includes using community resources, maintaining the home, managing money, and 
acquiring independence in self-care areas. If appropriate to the individual's 
age, the individual requires placement in a sheltered workshop or in community 
employment training. The individual demonstrates sufficient self-direction to 
participate in the active treatment of the program]. The individual may have 
maladaptive behaviors that require programmatic intervention but do not prevent 
his participation in the active treatment of the program. 
 
  (1) (No change.) 
   
  (2)  Adaptive behavior level. The individual exhibits mild to moderate 
deficits in adaptive behavior with an adaptive behavior level of I or II 
<nl>noted on the level-of-care assessment form <ol>[obtained by formal 
assessment]. 
   
  (3) (No change.) 
   
  [(4) Ambulation status. The individual is fully ambulatory or mobile non-
ambulatory.] 
 
     
  sec.27.511. ICF-MR V Level-of-Care Criteria. The individual eligible for the 
ICF-MR V Program may need assistance and supervision in the refinement of self-
help skills. The individual may require training in socialization skills, work 
skills and behaviors (if appropriate to the individual's age), motor skills, 
care of belongings and personal area, and group recreation skills. The 
individual may require daily supervision and management to ensure completion of 
scheduled activities and compliance with staff requests. The individual may have 
maladaptive behaviors that require programmatic intervention. The individual may 
also have health care needs requiring daily supervision by licensed nursing 
personnel. 
 
  (1) (No change.) 
   
  (2) Adaptive behavior level. The individual exhibits moderate to severe 
deficits in adaptive behavior with an adaptive behavior level of II or III 
<nl>noted on the level-of-care assessment form <ol>[obtained by formal 
assessment]. 
   
  (3) (No change.) 
   
  [(4)  Ambulation status. The individual may be ambulatory, mobile 
nonambulatory, or nonmobile.] 
 
     
  sec.27.513. ICF-MR VI Level-of-Care Criteria. The individual eligible for the 
ICF-MR VI Program requires extensive supervision and assistance in the 
completion of self-help activities. The individual requires a highly structured 
environment with ongoing supervision. The individual may also have medical needs 
requiring close supervision and nursing intervention. Training is necessary in 
basic self-help skills, sensory-motor development, compliance with daily 
routines and group activities, and socially appropriate behaviors. Maladaptive 
behaviors often are present and require active programmatic intervention. 
 
  (1) (No change.) 
   
  (2) Adaptive behavior level. The individual exhibits extreme deficits in 
adaptive behavior with an adaptive behavior level of III or IV <nl>noted on the 
level-of-care assessment form  <ol>[obtained by formal assessment]. 
   
  (3) (No change.) 
   
  [(4) Ambulation status. The individual may be ambulatory, mobile 
nonambulatory, or nonmobile.] 
 
     
  sec.27.515. ICF-MR/RC VIII Level-of-Care Criteria. 
 
  (a) (No change.) 
   
  (b) Except as specified in sec.27.507(i) of this title (relating to Level-of-
care Determination), individuals must meet all the following criteria to qualify 
for the ICF-MR/RC VIII level of care: 
 
  (1) -(2) (No change.) 
   
  (3) Adaptive behavior level. The individual exhibits moderate to extreme 
deficits in adaptive behavior as evidenced by an adaptive behavior level of II, 
III, or IV which has been <nl>noted on the level-of-care assessment form 
<ol>[obtained by formal assessment]. 
   
  (4)  (No change.) 
   
  [(5) Ambulation status. The individual may be ambulatory, mobile 
nonambulatory, or nonmobile.] 
 
  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 May 6, 1994. 
 TRD-9440509 
  Nancy Murphy 
 Section Manager, Policy and Document Support 
 Texas Department of Human Services 
    Proposed date of adoption: July 1, 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.25.7 
 
  (Editor's note: The text of the following section proposed for repeal will not 
be published. The section may be examined in the offices of the Texas Department 
of Transportation or in the Texas Register office, Room 245, James Earl Rudder 
Building, 1019 Brazos Street, Austin.) 
   
  The Texas Department of Transportation proposes the repeal of sec.25.7, 
concerning Highway Crossings by Oversize/Overweight Vehicles. Repeal of this 
section is necessary due to the contemporaneous adoption of new sec.sec.28.80-
28. 82, which incorporates that subject matter in an amended form with minor 
wording changes and rephrasing for clarity, continuity, and style. The new 
section will enable the requestor to better understand the process and 
preparation of the contract for moving oversize and overweight vehicles across 
highway from private property to other private property. 
 Bert A. Lundell, director, Central Permit Office, has determined that for the 
first five-year period the repeal is in effect there will be no fiscal 
implications for state or local government as a result of enforcing or 
administering the repeal. 
 Mr. Lundell has certified that there will be no significant impact on local 
economies or overall employment as a result of enforcing or administering the 
proposed repealed section. 
 Mr. Lundell also has determined that for each year of the first five years the 
repeal is in effect the public benefit anticipated as a result of enforcing the 
repeal will be a more efficient and uniform manner of executing contracts 
authorizing the movement of oversize and overweight vehicles to cross highways 
from private property to other private property. There will be no effect on 
small businesses. There is no anticipated economic cost to persons who are 
required to comply with the repeal as proposed. 
 Comments on the proposal may be submitted to Bert A. Lundell, Director, Central 
Permit Office, 125 East 11th Street, Austin, Texas 78701-2483. The deadline for 
receipt of comments will be 5:00 p.m. on June 14, 1994. 
 Pursuant to the Administrative Procedure Act, the Government Code, Chapter 
2001, the Texas Department of Transportation will conduct a public hearing to 
receive comments concerning the repealed section. The public hearing will be 
held at 9:00 a.m. on Thursday, May 26, 1994, in Room 101, Building 200, 200 East 
Riverside Drive, Austin, Texas, and will be conducted in accordance with the 
procedures specified in 43 TAC sec.1.5. Any interested person may appear and 
offer comments, either orally or in writing; however, questioning of those 
making presentations will be reserved exclusively to the presiding officer as 
may be necessary to ensure a complete record. While any person with pertinent 
comments will be granted an opportunity to present them during the course of the 
hearing, the presiding officer reserves the right to restrict testimony in terms 
of time and repetitive content. Organizations, associations, or groups are 
encouraged to present their commonly held views and identical or similar 
comments through a representative member where possible. Comments on the 
proposed text should include appropriate citations to sections, subsections, 
paragraphs, etc., for proper reference. Any suggestions or requests for 
alternative language or other revisions in the proposed text should be submitted 
in written form. Presentations must remain pertinent to the issue being 
discussed. A person may not assign a portion of his or her time to anther 
speaker. A person who disrupts a public hearing must leave the hearing room if 
ordered to do so by the presiding officer. Persons with disabilities who have 
special communication or accommodation needs and who plan to attend the hearings 
may contact Eloise Lundgren, Director of the Public Information Office, 125 East 
11th Street, Austin, Texas 78701-2483, (512) 463-8588. 
 The repeal is proposed under Texas Civil Statutes, Article 6666, which provide 
the Texas Transportation Commission with the authority to establish rules for 
the conduct of the work of the Texas Department of Transportation, and more 
specifically by Texas Civil Statutes, Article 6701d-11, sec.5-2/3, which 
authorize the Commission to execute contracts to indemnify the department for 
the cost of providing repairs and maintenance to highway crossing locations when 
the requestor desires to move oversize and overweight vehicles across highways 
from private property to other private property. 
 
 
  sec.25.7. Highway Crossings by Oversize/Overweight Vehicles. 
 
  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 May 9, 1994. 
 TRD-9440552 
  Diane L. Northam 
 Legal Executive Assistant 
 Texas Department of Transportation 
    Earliest possible date of adoption: June 13, 1994 
 For further information, please call: (512) 463-8630 
         
           
  Oversize and/or Overweight Permits 
 
  43 TAC sec.sec.25.60-25.67 
 
  (Editor's note: The text of the following sections proposed for repeal will 
not be published. The sections may be examined in the offices of the Texas 
Department of Transportation or in the Texas Register office, Room 245, James 
Earl Rudder Building, 1019 Brazos Street, Austin.) 
   
  The Texas Department of Transportation proposes the repeal of sec.sec.25. 60-
25.67, concerning Oversize and/or Overweight Permits. Repeal of these sections 
is necessary due to the contemporaneous adoption of new sec.sec.28.10-28. 16, 
which incorporates that subject matter in an amended form with updated 
requirements. The new sections will provide increased safety to the traveling 
public and the permit applicant through more uniform regulation and control of 
the movements of oversize and overweight vehicles and loads by clarifying the 
department's authority, policies, and procedures concerning the issuance of 
permits for these movements. 
 Bert A. Lundell, director, Central Permit Office, has determined that for the 
first five-year period the repeals are in effect there will be no fiscal 
implications for state or local government as a result of enforcing or 
administering the repeals. 
 Mr. Lundell has certified that there will be no significant impact on local 
economies or overall employment as a result of enforcing or administering the 
proposed repealed sections. 
 Mr. Lundell also has determined that for each year of the first five years the 
repeals are in effect the public benefit anticipated as a result of enforcing 
the repeals will be a more efficient and uniform manner of administering the 
issuance of permits for the movement of oversize and overweight vehicles and 
loads. There will be no effect on small businesses. There is no anticipated 
economic cost to persons who are required to comply with the repeals as 
proposed. 
 Comments on the proposal may be submitted to Bert A. Lundell, Director, Central 
Permit Office, 125 East 11th Street, Austin, Texas 78701-2483. The deadline for 
receipt of comments will be 5:00 p.m. on June 14, 1994. 
 Pursuant to the Administrative Procedure Act, the Government Code, Chapter 
2001, the Texas Department of Transportation will conduct a public hearing to 
receive comments concerning the repealed sections. The public hearing will be 
held at 9:00 on Thursday, May 26, 1994, in Room 101, Building 200, 200 East 
Riverside Drive, Austin, Texas, and will be conducted in accordance with the 
procedures specified in 43 TAC sec.1.5. Any interested person may appear and 
offer comments, either orally or in writing, however, questioning of those 
making presentations will be reserved exclusively to the presiding officer as 
may be necessary to ensure a complete record. While any person with pertinent 
comments will be granted an opportunity to present them during the course of the 
hearing, the presiding officer reserves the right to restrict testimony in terms 
of time and repetitive content. Organizations, associations, or groups are 
encouraged to present their commonly held views and identical or similar 
comments through a representative member where possible. Comments on the 
proposed text should include appropriate citations to sections, subsections, 
paragraphs, etc., for proper reference. Any suggestions or requests for 
alternative language or other revisions in the proposed text should be submitted 
in written form. Presentations must remain pertinent to the issue being 
discussed. A person may not assign a portion of his or her time to another 
speaker. A person who disrupts a public hearing must leave the hearing room if 
ordered to do so by the presiding officer. Persons with disabilities who have 
special communication or accommodation needs and who plan to attend the hearings 
may contact Eloise Lundgren, Director of the Public Information Office, 125 East 
11th Street, Austin, Texas 78701-2483, (512) 463-8588. 
 The repeals are proposed under Texas Civil Statutes, Article 6666, which 
provide the Texas Transportation Commission with the authority to establish 
rules for the conduct of the work of the Texas Department of Transportation, and 
more specifically by Texas Civil Statutes, Article 6701 1/2, which authorize the 
Commission to issue permits for the movement of oversize manufactured housing, 
and industrialized housing and buildings; Texas Civil Statutes, Article 6701a, 
which authorize the Commission to issue permits for the movement of oversize and 
overweight loads that cannot be reasonably dismantled; Texas Civil Statutes, 
Article 6701a-2, which authorize the Commission to issue permits for the 
movement of oversize portable buildings; Texas Civil Statutes, Article 6701d-11, 
sec.3, which authorize the Commission to issue annual permits for the movement 
of vehicles, that exceed the allowable vehicle width but do not exceed 144 
inches in width, that are used to carry cylindrically shaped bales of hay; Texas 
Civil Statutes, Article 6701d-12, which authorize the Commission to approve and 
certify bonds for a vehicle transporting ready-mix concrete, when such vehicle 
exceeds 34,000 pounds on a tandem axle but does not exceed 46,000 pounds, or a 
single axle load may not exceed 23,000 pounds, or a gross weight not to exceed 
69,000 pounds; Texas Civil Statutes, Article 6701d-14, which authorize the 
Commission to issue annual permits for the movement of poles required for the 
maintenance of electric power transmission and distribution lines; Texas Civil 
Statutes, Article 6701d-19a, which authorize the Commission to approve and 
certify bonds for a vehicle transporting solid waste, when such vehicle exceeds 
34,000 pounds on a tandem axle, but does not exceed 44,000 pounds on the tandem 
axle or 64,000 pounds gross weight. 
 
 
  sec.25.60. Purpose. 
 
   
  sec.25.61. Definitions. 
 
   
  sec.25.62. Permit Issuance Requirements and Procedures. 
 
   
  sec.25.63. Single-Trip Permits Issued Under Texas Civil Statutes, Article 
6701a. 
 
   
  sec.25.64. Time Permits Issued Under Texas Civil Statutes, Article 6701a and 
Article 6701d-14. 
 
   
  sec.25.65. Manufactured Housing, and Industrialized Housing and Building 
Permits. 
 
   
  sec.25.66. Portable Building Permits. 
 
   
  sec.25.67. Permits for Military and Governmental Agencies. 
 
  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 May 9, 1994. 
 TRD-9440553 
  Diane L. Northam 
 Legal Executive Assistant 
 Texas Department of Transportation 
    Earliest possible date of adoption: June 13, 1994 
 For further information, please call: (512) 463-8630 
         
           
  Special Tolerance Permits 
 
  43 TAC sec.25.81 
 
  (Editor's note: The text of the following section proposed for repeal will not 
be published. The section may be examined in the offices of the Texas Department 
of Transportation or in the Texas Register office, Room 245, James Earl Rudder 
Building, 1019 Brazos Street, Austin.) 
   
  The Texas Department of Transportation proposes the repeal of sec.25.81, 
concerning Permit for Over Axle and Over Gross Weight Tolerances. Repeal of this 
section is necessary due to the contemporaneous adoption of new sec.28.30, which 
incorporates that subject matter in an amended form with minor wording changes 
and rephrasing for clarity, continuity, and style. The new section will enable 
the permit applicant to better understand the permit issuing process, thereby 
facilitating the procurement of permits. 
 Bert A Lundell, director, Central permit Office, has determined that for the 
first five-year period the repeal is in effect there will be no fiscal 
implications for state or local government as a result of enforcing or 
administering the repealed section. 
 Mr. Lundell has certified that there will be no significant impact on local 
economies or overall employment as a result of enforcing or administering the 
repealed section. 
 Mr. Lundell also has determined that for each year of the first five years the 
repeal is in effect the public benefit anticipated as a result of enforcing the 
repeal will be a more efficient and uniform manner of administering the issuance 
of permits for the movement of oversize and overweight vehicles and loads. There 
will be no effect on small businesses. There is no anticipated economic cost to 
persons who are required to comply with the repeal as proposed. 
 Comments on the proposal may be submitted to Bert A. Lundell, Director, Central 
Permit Office, 125 East 11th Street, Austin, Texas 78701-2483. The deadline for 
receipt of comments will be 5:00 p.m. on June 14, 1994. 
 Pursuant to the Administrative Procedure Act, the Government Code, Chapter 
2001, the Texas Department of Transportation will conduct a public hearing to 
receive comments concerning the repealed section. The public hearing will be 
held at 9:00 a.m. on Thursday, May 26, 1994, in Room 101, Building 200, 200 East 
Riverside Drive, Austin, Texas, and will be conducted in accordance with the 
procedures specified in 43 TAC sec.1.5. Any interested person may appear and 
offer comments, either orally or in writing, however, questioning of those 
making presentations will be reserved exclusively to the presiding officer as 
may be necessary to ensure a complete record. While any person with pertinent 
comments will be granted an opportunity to present them during the course of the 
hearing, the presiding officer reserves the right to restrict testimony in terms 
of time and repetitive content. Organizations, associations, or groups are 
encouraged to present their commonly held views and identical or similar 
comments through a representative member where possible. Comments on the 
proposed text should include appropriate citations to sections, subsections, 
paragraphs, etc., for proper reference. Any suggestions or requests for 
alternative language or other revisions in the proposed text should be submitted 
in written form. Presentations must remain pertinent to the issue being 
discussed. A person may not assign a portion of his or her time to another 
speaker. A person who disrupts a public hearing must leave the hearing room if 
ordered to do so by the presiding officer. Persons with disabilities who have 
special communication or accommodation needs and who plan to attend the hearings 
may contact Eloise Lundgren, Director of the Public Information Office, at 125 
East 11th Street, Austin, Texas 78701-2483, (512) 463-8588. 
 The repeal is proposed under Texas Civil Statutes, Article 6666, which provide 
the Texas Transportation Commission with the authority to establish rules for 
the conduct of the work of the Texas Department of Transportation, and more 
specifically by Texas Civil Statutes, Article 6701d-11, sec.5B, which authorize 
the Commission to issue annual permits for the movement of vehicles, that exceed 
the legal axle weight limit by a tolerance of 10% and the legal gross weight 
limit by a tolerance of 5.0%. 
 
  
 s25.81. Permit for Over Axle and Over Gross Weight Tolerances.  
 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 May 9, 1994. 
 TRD-9440554 
  Diane L. Northam 
 Legal Executive Assistant 
 Texas Department of Transportation 
    Earliest possible date of adoption: June 13, 1994 
 For further information, please call: (512) 463-8630 
         
         
  Oversize and/or Overweight Permits for Certain Oil Well Related Vehicles 
 
  43 TAC sec.sec.25.90-25.98 
 
  (Editor's note: The text of the following sections proposed for repeal will 
not be published. The sections may be examined in the offices of the Texas 
Department of Transportation or in the Texas Register office, Room 245, James 
Earl Rudder Building, 1019 Brazos Street, Austin.) 
   
  The Texas Department of Transportation proposes the repeal of sec.sec.25. 90-
25.98, concerning Rules for Oversize and Overweight Permits for certain 
Policies, and Procedures concerning Vehicles. Repeal of these sections is 
necessary due to the contemporaneous adoption of new sec.sec.28.40-28.47, which 
incorporates that subject matter in an amended form with updated requirements. 
The new sections will provide increased safety to the traveling public and the 
permit applicant through more uniform regulation and control of the movements of 
oversize and overweight vehicles and loads by clarifying the departments 
authority, oil well related the issuance of permits for these movements. 
 Bert A. Lundell, director, Central Permit Office, has determined that for the 
first five-year period the repeals are in effect there will be no fiscal 
implications for state or local government as a result of enforcing or 
administering the repeals. 
 Mr. Lundell has certified that there will be no significant impact on local 
economies or overall employment as a result of enforcing or administering the 
proposed repealed sections. 
 Mr. Lundell also has determined that for each year of the first five years the 
repeals are in effect the public benefit anticipated as a result of enforcing 
the repeals will be a more efficient and uniform manner of administering the 
issuance of permits for the movement of oversize and overweight vehicles and 
loads. There will be no effect on small businesses. There is no anticipated 
economic cost to persons who are required to comply with the repeals as 
proposed. 
 Comments on the proposal may be submitted to Bert A. Lundell, Director, Central 
Permit Office, 125 East 11th Street, Austin, Texas 78701-2483. The deadline for 
receipt of comments will be 5:00 p.m. on June 14, 1994. 
 Pursuant to the Administrative Procedure Act, the Government Code, Chapter 
2001, the Texas Department of Transportation will conduct a public hearing to 
receive comments concerning the repealed sections. The public hearing will be 
held at 9:00 on Thursday, May 26, 1994, in Room 101, Building 200, 200 East 
Riverside Drive, Austin, Texas, and will be conducted in accordance with the 
procedures specified in 43 TAC sec.1.5. Any interested person may appear and 
offer comments, either orally or in writing, however, questioning of those 
making presentations will be reserved exclusively to the presiding officer as 
may be necessary to ensure a complete record. While any person with pertinent 
comments will be granted an opportunity to present them during the course of the 
hearing, the presiding officer reserves the right to restrict testimony in terms 
of time and repetitive content. Organizations, associations, or groups are 
encouraged to present their commonly held views and identical or similar 
comments through a representative member where possible. Comments on the 
proposed text should include appropriate citations to sections, subsections, 
paragraphs, etc., for proper reference. Any suggestions or requests for 
alternative language or other revisions in the proposed text should be submitted 
in written form. Presentations must remain pertinent to the issue being 
discussed. A person may not assign a portion of his or her time to anther 
speaker. A person who disrupts a public hearing must leave the hearing room if 
ordered to do so by the presiding officer. Persons with disabilities who have 
special communication or accommodation needs and who plan to attend the hearings 
may contact Eloise Lundgren, Director of the Public Information Office, 125 East 
11th Street, Austin, Texas 78701-2483, (512) 463-8588. 
 The repeals are proposed under Texas Civil Statutes, Article 6666, which 
provide the Transportation Commission with the authority to establish rules for 
the conduct of the work of the Texas Department of Transportation, and more 
specifically by Texas Civil Statutes, Article 6701d-16, which authorize the 
Commission to formulate and adopt rules and fees governing the issuance of 
oversize and overweight permits for the movement of certain oil well related 
vehicles. 
 
 
  sec.25.90. Purpose. 
 
   
  sec.25.91. Definitions. 
 
   
  sec.25.92. Application for Permit. 
 
   
  sec.25.93. Permit Qualifications and Requirements. 
 
   
  sec.25.94. Registration Requirements. 
 
   
  sec.25.95. Maximum Permit Weight Limits. 
 
   
  sec.25.96. Permit Fee Calculations. 
 
   
  sec.25.97. Permit Movement Conditions. 
 
   
  sec.25.98. Permits for Vehicles Transporting Liquid Products Related To Oil 
Well Production. 
 
  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 May 9, 1994. 
 TRD-9440555 
  Diane L. Northam 
 Legal Executive Assistant 
 Texas Department of Transportation 
    Earliest possible date of adoption: June 13, 1994 
 For further information, please call: (512) 463-8630 
         
           
  Oversize-Overweight Permits for Unladen Lift Equipment Motor Vehicles 
 
  43 TAC sec.sec.25.200-25.207 
 
  (Editor's note: The text of the following sections proposed for repeal will 
not be published. The sections may be examined in the offices of the Texas 
Department of Transportation or in the Texas Register office, Room 245, James 
Earl Rudder Building, 1019 Brazos Street, Austin.) 
   
  The Texas Department of Transportation proposes the repeal of sec.sec.25. 200-
25.207, concerning Rules for Oversize and/or Overweight Permits for Unladen Lift 
Equipment Motor Vehicles. Repeal of these sections is necessary due to the 
contemporaneous adoption of new sec.sec.28.60-28.66, which incorporates that 
subject matter in an amended form with updated requirements. The new sections 
will provide increased safety to the traveling public and the permit applicant 
through more uniform regulation and control of the movements of oversize and 
overweight vehicles and loads by clarifying the Department's authority, 
policies, and procedures concerning the issuance of permits for these movements. 
 Bert A. Lundell, director, Central Permit Office, has determined that for the 
first five-year period the repeals are in effect there will be no fiscal 
implications for state or local government as a result of enforcing or 
administering the repealed sections. 
 Mr. Lundell has certified that there will be no significant impact on local 
economies or overall employment as a result of enforcing or administering the 
proposed repealed sections. 
 Mr. Lundell also has determined that for each year of the first five years the 
repeals are in effect the public benefit anticipated as a result of enforcing 
the repeals will be a more efficient and uniform manner of administering the 
issuance of permits for the movement of oversize and overweight vehicles and 
loads. There will be no effect on small businesses. There is no anticipated 
economic cost to persons who are required to comply with the repeals as 
proposed. 
 Comments on the proposal may be submitted to Bert A. Lundell, Director, Central 
Permit Office, 125 East 11th Street, Austin, Texas 78701-2483. The deadline for 
receipt of comments will be 5:00 p.m. on June 14, 1994. 
 Pursuant to the Administrative Procedures Act, the Government Code, Chapter 
2001, the Texas Department of Transportation will conduct a public hearing to 
receive comments concerning the proposed new sections. The public hearing will 
be held at 9:00 a.m. on Thursday, May 26, 1994, in Room 101, Building 200, 200 
East Riverside Drive, Austin, Texas, and will be conducted in accordance with 
the procedures specified in 43 TAC sec.1.5. Any interested person may appear and 
offer comments, either orally or in writing, however, questioning of those 
making presentations will be reserved exclusively to the presiding officer as 
may be necessary to ensure a complete record. While any person with pertinent 
comments will be granted an opportunity to present them during the course of the 
hearing, the presiding officer reserves the right to restrict testimony in terms 
of time and repetitive content. Organizations, associations, or groups are 
encouraged to present their commonly held views and identical or similar 
comments through a representative member where possible. Comments on the 
proposed text should include appropriate citations to sections, subsections, 
paragraphs, etc., for proper reference. Any suggestions or requests for 
alternative language or other revisions in the proposed text should be submitted 
in written form. Presentations must remain pertinent to the issue being 
discussed. A person may not assign a portion of his or her time to another 
speaker. A person who disrupts a public hearing must leave the hearing room if 
ordered to do so by the presiding officer. Persons with disabilities who have 
special communication or accommodation needs and who plan to attend the hearings 
may contact Eloise Lundgren, Director of the Public Information Office, at 125 
East 11th Street, Austin, Texas 78701-2483, (512) 463-8588. 
 The repeals are proposed under Texas Civil Statutes, Article 6666, which 
provide the Texas Transportation Commission with the authority to establish 
rules for the conduct of the work of the Texas Department of Transportation, and 
more specifically by Texas Civil Statutes, Article 6701d-18, which authorizes 
the Commission to issue annual permits for the movement of unladen lift 
equipment motor vehicles which because of their design for use as lift equipment 
exceed the maximum weight and width limitations prescribed by statute; and Texas 
Civil Statutes, Article 6701d-19b, which authorize the Commission to formulate 
and adopt rules and fees governing the issuance of oversize and overweight 
permits for the movement of unladen lift equipment motor vehicles. 
 
 
  sec.25.200. Purpose. 
 
   
  sec.25.201. Definitions. 
 
   
  sec.25.202. Application for Permit. 
 
   
  sec.25.203. Permit Qualifications and Requirements. 
 
   
  sec.25.204. Registration Requirements. 
 
   
  sec.25.205. Maximum Permit Weight Limits. 
 
   
  sec.25.206. Permit Fee Calculations. 
 
   
  sec.25.207. Permit Movement Conditions. 
 
  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 May 9, 1994. 
 TRD-9440556 
  Diane L. Northam 
 Legal Executive Assistant 
 Texas Department of Transportation 
    Earliest possible date of adoption: June 13, 1994 
 For further information, please call: (512) 463-8630 
         
             Chapter 28. Oversize and Overweight Vehicles and Loads 
  
  Subchapter A. General Provisions 
 
  43 TAC sec.28.1, sec.28.2 
 
  The Texas Department of Transportation proposes new sec.28.1, concerning 
Purpose and Scope, and new sec.28.2, concerning Definitions. Section 28.1 states 
that the purpose of the chapter is to insure the safety of the traveling public 
and the permit applicant, and to protect the integrity of the highways and 
bridges, through the issuance of permits for the movement of oversize and 
overweight vehicles and loads, and the execution of special contracts for the 
movement of oversize and overweight vehicles and loads to travel across the 
width of a state highway. Section 28.2 defines words and terms used in this 
chapter. 
 Bert A. Lundell, director, Central Permit Office, has determined that for the 
first five-year period the proposed sections are in effect there will be no 
fiscal implications for state or local government as a result of enforcing or 
administering these sections. 
 Mr. Lundell has certified that there will be no significant impact on local 
economies or overall employment as a result of enforcing or administering these 
sections. 
 Mr. Lundell also has determined that for each year of the first five years the 
sections as proposed are in effect the public benefits anticipated as a result 
of enforcing the sections as proposed will be a more precise understanding of 
the words and terms used in this chapter, thereby aiding the public's efforts in 
obtaining permits for the movement of oversize and overweight vehicles and 
loads. There will be no significant effect on small business. There is no 
anticipated economic cost to persons who are required to comply with these 
sections as proposed. 
 Comments on the proposal may be submitted to Bert A. Lundell, Director, Central 
Permit Office, 125 East 11th Street, Austin, Texas 78701-2483. The deadline for 
receipt of comments will be 5:00 p.m. on June 14, 1994. 
 Pursuant to the Administrative Procedure Act, the Government Code, Chapter 
2001, the Texas Department of Transportation will conduct a public hearing to 
receive comments concerning the proposed new sections. The public hearing will 
be held at 9:00 a.m. on Thursday, May 26, 1994, in Room 101, Building 200, 200 
East Riverside Drive, Austin, Texas, and will be conducted in accordance with 
the procedures specified in 43 TAC sec.1.5. Any interested person may appear and 
offer comments, either orally or in writing; however, questioning of those 
making presentations will be reserved exclusively to the presiding officer as 
may be necessary to ensure a complete record. While any person with pertinent 
comments will be granted an opportunity to present them during the course of the 
hearing, the presiding officer reserves the right to restrict testimony in terms 
of time and repetitive content. Organizations, associations, or groups are 
encouraged to present their commonly held views and identical or similar 
comments through a representative member where possible. Comments on the 
proposed text should include appropriate citations to sections, subsections, 
paragraphs, etc., for proper reference. Any suggestions or requests for 
alternative language or other revisions in the proposed text should be submitted 
in written form. Presentations must remain pertinent to the issue being 
discussed. A person may not assign a portion of his or her time to another 
speaker. A person who disrupts a public hearing must leave the hearing room if 
ordered to do so by the presiding officer. Persons with disabilities who have 
special communication or accommodation needs and who plan to attend the hearings 
may contact Eloise Lundgren, Director of the Public Information Office, at 125 
East 11th Street, Austin, Texas 78701-2483, (512) 463-8588. 
 The new sections are proposed under Texas Civil Statutes, Article 6666, which 
provide the Texas Transportation Commission with the authority to establish 
rules for the conduct of the work of the Texas Department of Transportation, and 
more specifically Texas Civil Statutes, Article 6701 1/2, which authorize the 
commission to issue permits for the movement of oversize manufactured housing, 
and industrialized housing and buildings; Texas Civil Statutes, Article 6701a, 
which authorize the commission to issue permits for the movement of oversize and 
overweight loads that cannot be reasonably dismantled; Texas Civil Statutes, 
Article 6701a-2, which authorize the commission to issue permits for the 
movement of oversize portable buildings; Texas Civil Statutes, Article 6701d-11, 
sec.3, which authorize the commission to issue annual permits for the movement 
of vehicles, that exceed the allowable vehicle width but do not exceed 144 
inches in width, that are used to carry cylindrically shaped bales of hay; Texas 
Civil Statutes, Article 6701d-11, sec.5B, which authorize the commission to 
issue annual permits for the movement of vehicles, that exceed the legal axle 
weight limit by a tolerance of 10% and the legal gross weight limit by a 
tolerance of 5%; Texas Civil Statutes, Article 6701d-12, which authorize the 
commission to approve and certify bonds for a vehicle transporting ready-mix 
concrete, when such vehicle exceeds 34,000 pounds on a tandem axle but does not 
exceed 46,000 pounds, or a single-axle load may not exceed 23,000 pounds, or a 
gross weight not to exceed 69,000 pounds; Texas Civil Statutes, Article 6701d-
14, which authorize the commission to issue annual permits for the movement of 
poles required for the maintenance of electric power transmission and 
distribution lines; Texas Civil Statutes, Article 6701d-16, which authorize the 
commission to formulate and adopt rules and fees governing the issuance of 
oversize and overweight permits for the movement of certain oil well related 
vehicles; Texas Civil Statutes, Article 6701d-18, which authorize the commission 
to issue annual permits for the movement of unladen lift equipment motor 
vehicles which because of their design for use as lift equipment exceed the 
maximum weight and width limitations prescribed by statute; Texas Civil 
Statutes, Article 6701d-19a, which authorize the commission to approve and 
certify bonds for a vehicle transporting solid waste, when such vehicle exceeds 
34,000 pounds on a tandem axle, but does not exceed 44,000 pounds on the tandem 
axle or 64,000 pounds gross weight; and Texas Civil Statutes, Article 6701d-19b, 
which authorize the commission to formulate and adopt rules and fees governing 
the issuance of oversize and overweight permits for the movement of unladen lift 
equipment motor vehicles. 
 
 
  sec.28.1. Purpose and Scope. The department is responsible for regulating the 
movement of oversize and overweight vehicles and loads on the state highway 
system, in order to insure the safety of the traveling public, and to protect 
the integrity of the highways and the bridges. This responsibility is 
accomplished through the issuance of permits for the movement of oversize and 
overweight vehicles and loads, and the execution of special contracts for the 
movement of oversize and overweight vehicles and loads to travel across the 
width of a state highway. The sections under this chapter prescribe the policies 
and procedures for the issuance of permits and the execution of contracts. 
 
   
  sec.28.2. Definitions.  The following words and terms, when used in this 
chapter, will have the following meanings, unless the context clearly indicates 
otherwise. 
   
   Annual permit-A permit that authorizes movement of an overdimension load for 
one year commencing with the "movement to begin" date. 
   
   Applicant-Any person, firm, or corporation requesting a permit. 
   
   Application-Part I and paragraph C of Part II of Form 1700 as completed by 
the applicant prior to applying for permit. 
   
   Axle-The common axis of rotation of one or more wheels whether power-driven 
or freely rotating, and whether in one or more segments. 
   
   Axle group-An assemblage of two or more consecutive axles, with two or more 
wheels per axle, spaced at least 40 inches from center of axle to center of 
axle, equipped with a weight-equalizing suspension system that will not allow 
more than a 10% weight difference between any two axles in the group. 
   
   Cash collection office-An office located in a district that has been 
designated by the district engineer as the place where a permit applicant can 
make application for a permit, or pay for a permit with cash, cashier's check, 
or money order. 
   
   Central permit office (CPO)-The department office located in the City of 
Austin that issues all permits. 
   
   Closeout-The procedure used by the CPO to terminate a permit, issued under 
Texas Civil Statutes, Articles 6701d-16 or 6701d-19b, that will not be renewed 
by the applicant. 
   
   Commission-The Texas Transportation Commission. 
   
   Crane-Any unladen lift equipment motor vehicle designed for the sole purpose 
of raising, shifting, or lowering heavy weights by means of a projecting, 
swinging mast with an engine for power on a chassis permanently constructed or 
assembled for such purpose. 
   
   Credit card-A MasterCard or VISA credit card and a permit account card. 
   
   Daylight-The period of time that begins 30 minutes before sunrise and ends 30 
minutes after sunset. 
   
   Department-The Texas Department of Transportation. 
   
   District-One of the 25 geographical areas, managed by a district engineer, in 
which the department conducts its primary work activities. 
   
   District engineer -The chief executive officer in charge of a district of the 
department. 
   
   Escort vehicle -A motor vehicle used to warn traffic of the presence of a 
permitted vehicle. 
   
   Form 439-A form titled "Superheavy or Oversize Permit Bond." 
   
   Form 440-A form titled "Permit Bond For Superheavy Loads Exceeding 250,000 
Pounds Gross Weight." 
   
   Form 1382-A form titled "Blanket Surety Bond For The Operation Of Vehicles 
Used Exclusively For The Transportation Of Ready-Mix Concrete." 
   
   Form 1382-A-A form titled "Certification Of Surety Bond For The 
Transportation of Ready-Mix Concrete." 
   
   Form 1383-A form titled "Amendment To Blanket Surety Bond For Ready-Mix 
Concrete Vehicles." 
   
   Form 1575-A form titled "Blanket Surety Bond For The Operation Of Vehicles 
Used Exclusively For The Transportation Of Solid Waste." 
   
   Form 1576-A form titled "Certification Of Surety Bond For The Transportation 
Of Solid Waste." 
   
   Form 1577-A form titled "Amendment To Blanket Surety Bond For Solid Waste 
Vehicles." 
   
   Form 1700-A form titled "Texas Self-Issue Application and Permit to Move 
Super Heavy or Oversize Equipment or Load Over State Highways and/or Temporary 
Registration." 
   
   Four-axle group -Any four consecutive axles, having at least 40 inches from 
center of axle to center of axle, whose extreme centers are not more than 192 
inches apart and are individually attached to or articulated from, or both, to 
the vehicle by a weight equalizing suspension system. 
   
   Gauge-The transverse spacing distance between tires on an axle, expressed in 
feet and measured to the nearest inch, from center-of-tire to center-of-tire on 
an axle equipped with only two tires, or measured to the nearest inch from the 
center of the dual wheels on one side of the axle to the center of the dual 
wheels on the opposite side of the axle. 
   
   Gross weight-The unladen weight of a vehicle or combination of vehicles plus 
the weight of the load being transported. 
   
   Highway maintenance fee-A fee established by Texas Civil Statutes, Article 
6701a, based on gross weight, and paid by the permittee when the permit is 
issued. 
   
   Highway use factor-A mileage reduction figure used in the calculation of a 
permit fee for a permit issued under Texas Civil Statutes, Articles 6701d-16 and 
6701d-19b. 
   
   Hubometer-A mechanical device attached to an axle on a unit or a crane for 
recording mileage traveled. 
   
   HUD number-A unique number assigned to a manufactured home by the U.S. 
Department of Housing and Urban Development. 
   
   Indirect cost share-A prorated share of administering department activities, 
other than the direct cost of the activities, including the cost of providing 
statewide support services. 
   
   Load-restricted bridge -A bridge that is restricted by the commission, under 
the provisions of Texas Civil Statutes, Article 6701d-11, sec.51/2, to a weight 
limit less than the maximum amount allowed by Texas Civil Statutes, Article 
6701d-11, sec.5. 
   
   Load-restricted road -A road that is restricted by the commission, under the 
provisions of Texas Civil Statutes, Article 6701d-11, sec.51/2, to a weight 
limit less than the maximum amount allowed by Texas Civil Statutes, Article 
6701d-11, sec.5. 
   
   Machinery plate -A license plate issued under Texas Civil Statutes, Article 
6675a-2, to a crane or oil well servicing unit. 
   
   Manufactured home -Manufactured housing, as defined in Texas Civil Statutes, 
Article 5221f, and industrialized housing and buildings, as defined in Texas 
Civil Statutes, Article 5221f-1, and temporary chassis systems, and returnable 
undercarriages used for the transportation of manufactured housing and 
industrialized housing and buildings, and a transportable section which is 
transported on a chassis system or returnable undercarriage that is constructed 
so that it cannot, without dismantling or destruction, be transported within 
legal size limits for motor vehicles. 
   
   Night-The period of time that begins 30 minutes after sunset and ends 30 
minutes before sunrise. 
   
   Oil field rig-up truck-An unladen vehicle with an overweight single steering 
axle, equipped with a winch and set of gin poles used for lifting, erecting, and 
moving oil well equipment and machinery. 
   
   Oil well servicing unit-An oil well clean-out unit, oil well drilling unit, 
or oil well swabbing unit, which is mobile equipment, either self-propelled or 
trailer-mounted, constructed as a machine used solely for cleaning-out, 
drilling, servicing, or swabbing oil wells, and consisting in general of, but 
not limited to, a mast, an engine for power, a draw works, and a chassis 
permanently constructed or assembled for this purpose. 
   
   One-trip registration -Temporary registration issued by the CPO on Form 1700, 
under Texas Civil Statutes, Article 6675a-6e, sec.3, to an unladen vehicle 
authorizing its operation on a state highway from a specific origin to a 
specific destination, along such intermediate points as may be set forth on Form 
1700, for a period not longer than 15 days. 
   
   Overdimension load -A crane, oil well servicing unit, vehicle, a combination 
of vehicles, vehicle and its load, or combination of vehicles and load that 
exceeds maximum legal width, height, length, or weight as set forth by Texas 
Civil Statutes, Article 6701d-11, sec.3 and sec.5. 
   
   Overheight-An overdimension load that exceeds the maximum height specified in 
Texas Civil Statutes, Article 6701d-11, sec.3. 
   
   Overlength-An overdimension load that exceeds the maximum length specified in 
Texas Civil Statutes, Article 6701d-11, sec.3. 
   
   Overweight-An overdimension load that exceeds the maximum weight specified in 
Texas Civil Statutes, Article 6701d-11, sec.5. 
   
   Overwidth-An overdimension load that exceeds the maximum width specified in 
Texas Civil Statutes, Article 6701d-11, sec.3. 
   
   Permit-The totally completed Part I and Part II of the department's Form 
1700, including the permit number issued by the CPO, that authorizes the 
movement of an overdimension load. 
   
   Permit account card (PAC)-A debit card, that can only be used to purchase a 
permit or temporary registration, issued by a financial institution that is 
under contract to the department and the Texas State Treasury. 
   
   Permit officer -An employee of the CPO who is authorized to issue a permit. 
   
   Permit plate-A license plate issued under Texas Civil Statutes, Article 
6675a-2, to a crane or an oil well servicing vehicle. 
   
   Permitted vehicle -A crane, oil well servicing unit, vehicle, a combination 
of vehicles, vehicle and its load, or combination of vehicles and load, 
operating under the provisions of a permit. 
   
   Permittee-Any person, firm, or corporation that is issued a permit by the 
CPO. 
   
   Pilot car-An escort vehicle. 
   
   Pipe box-A container specifically constructed to safely transport and handle 
oil field drill pipe and drill collars. 
   
   Principal-The person, firm, or corporation that is insured by a surety bond 
company. 
   
   Registration reduction -A 25% reduction figure that applies to a crane or oil 
well servicing unit registered for maximum legal weight. 
   
   Renewal application form-A form, supplied by the CPO to each permittee 
receiving a time permit issued under Texas Civil Statutes, Articles 6701d-16 and 
6701d-19b, which must be completed and returned to the CPO whenever the permit 
is to be renewed or closed out. 
   
   Single axle-An assembly of two or more wheels whose centers are in one 
transverse vertical plane or may be included between two parallel transverse 
planes 40 inches apart extending across the full width of the vehicle. 
   
   Single-trip permit -A permit issued for an overdimension load for a single 
continuous movement over a specific route for an amount of time necessary to 
make the movement. 
   
   State highway-A highway or road under the jurisdiction of the Texas 
Department of Transportation. 
   
   State highway system-A network of roads and highways as defined by Texas 
Civil Statutes, Article 6674b. 
   
   Surety bond-An agreement issued by a surety bond company to a principal that 
pledges to compensate the department for any damage that might be sustained to 
the highways and bridges by virtue of the operation of the equipment for which a 
permit was issued. 
   
   Tare weight-The empty weight of any vehicle transporting an overdimension 
load. 
   
   Temporary registration -A 72-hour temporary registration, 144-hour temporary 
registration, or one-trip registration. 
   
   Three-axle group -Any three consecutive axles, having at least 40 inches from 
center of axle to center of axle, whose extreme centers are not more than 144 
inches apart, and are individually attached to or articulated from, or both, to 
the vehicle by a weight equalizing suspension system. 
   
   Time permit-A permit issued for either 30, 60, or 90 days, or one year. 
   
   Traffic control device-All traffic signals, signs, and markings, including 
their supports, used to regulate, warn, or control traffic. 
   
   Trailer mounted unit-An oil well clean-out, drilling, servicing, or swabbing 
unit mounted on a trailer, constructed as a machine used for cleaning out, 
drilling, servicing, or swabbing oil wells, and consisting in general of, but 
not limited to, a mast, an engine for power, a draw works, and a chassis 
permanently constructed or assembled for this purpose. 
   
   Trunnion axle-Two individual axles mounted in the same transverse plane, with 
either two or four tires on each axle, that are connected to a pivoting wrist 
pin that allows each individual axle to oscillate in a vertical plane to provide 
for constant and equal weight distribution on each individual axle at all times 
during movement. 
   
   Trunnion axle group-Two or more consecutive trunnion axles, whose centers are 
at least 40 inches apart, and are individually attached to or articulated from, 
or both, to the vehicle by a weight equalizing suspension system. 
   
   Two-axle group -Any two consecutive axles whose centers are at least 40 
inches but not more than 96 inches apart and are individually attached to or 
articulated from, or both, to the vehicle by a weight equalizing suspension 
system. 
   
   Unit-Oil well clean-out unit, oil well drilling unit, oil well servicing 
unit, and/or oil well swabbing unit. 
   
   Unladen lift equipment motor vehicle-A motor vehicle designed for use as lift 
equipment used solely to raise, shift, or lower heavy weights by means of a 
projecting, swinging mast with an engine for power on a chassis permanently 
constructed or assembled for such purpose. 
   
   Variable load suspension axles-Axles, whose controls must be located outside 
of and be inaccessible from the driver's compartment, that can be regulated, 
through the use of hydraulic and air suspension systems, mechanical systems, or 
a combination of these systems, for the purpose of adding or decreasing the 
amount of weight to be carried by each axle during the movement of the vehicle. 
   
   Vehicle-Every device in, or by which any person or property is or may be 
transported or drawn upon a public highway, except devices used exclusively upon 
stationary rails or tracks. 
   
   Vehicle supervision fee-A fee required by Texas Civil Statutes, Article 
6701a, paid by the permittee to the department, designed to recover the direct 
cost of providing safe transportation of a permit load exceeding 200,000 pounds 
gross weight over a state highway, including the cost for bridge structural 
analysis, monitoring the progress of the trip, and moving and replacing traffic 
control devices. 
   
   Weight-equalizing suspension system-An arrangement of parts designed to 
attach two or more consecutive axles to the frame of a vehicle in a manner that 
will equalize the load between the axles. 
   
   Year-A time period consisting of 12 consecutive months that commences with 
the "movement to begin" date stated in the permit. 
   
   72-hour temporary registration-Temporary registration issued by the CPO on 
Form 1700 to a vehicle authorizing it to operate at maximum legal weight on a 
state highway for a period not longer than 72 consecutive hours. 
   
   144-hour temporary registration-Temporary registration issued by the CPO on 
Form 1700 to a vehicle authorizing it to operate at maximum legal weight on a 
state highway for a period not longer than 144 consecutive hours. 
 
  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 May 9, 1994. 
 TRD-9440546 
  Diane L. Northam 
 Legal Executive Assistant 
 Texas Department of Transportation 
    Earliest possible date of adoption: June 13, 1994 
 For further information, please call: (512) 463-8630 
         
                 
  
  Subchapter B. General Permits 
 
  43 TAC sec.sec.28.10-28.16 
 
  The Texas Department of Transportation proposes new sec. s28.10-28.16, 
concerning General Permits. These new sections replace existing sec.sec.25.60-
25. 67, which are being contemporaneously repealed. Sections 28.10-28.16 
incorporate the subject matter of the repealed sections in an amended form to: 
comply with House Bill 1607, 72nd Legislature, 1991, that authorizes the 
issuance of annual permits for the movement of cylindrically shaped bales of 
hay; comply with House Bill 1895, 73rd Legislature, 1993, that establishes 
escrow accounts for the payment of permit fees; comply with House Bill 9, 72nd 
Legislature, First Called Session, 1991, that provides for a vehicle supervision 
fee; comply with House Bill 1725, 72nd Legislature, 1991, that authorizes the 
issuance of a permit for the transportation of oilfield drill pipe and drill 
collars in a pipe box; comply with Senate Bill 1539, 72nd Legislature, 1991, 
that establishes escrow accounts for the payment of permit fees for manufactured 
housing; provide greater protection to the integrity of the highway 
infrastructure; provide increased safety to the traveling public and the 
permittee by decreasing hazards from the movement of oversize loads; increase 
productivity of the trucking industry, thereby aiding the State's economy; 
provide for minor wording changes; and provide for clarity, continuity, and 
proper style. 
 Section 28.10, concerning Purpose, describes the Texas Transportation 
Commissions authority to issue permits for the movement of oversize and 
overweight vehicles and loads that cannot be reasonably dismantled when the size 
and weight exceeds the limits allowed by law. 
 Section 28.11, concerning Permit Issuance Requirements and Procedures, provides 
procedures for applying for a permit for the movement of an oversize and 
overweight vehicle and load; provides for payment of permit fees; establishes 
maximum permit weight limits; establishes escort vehicle requirements; provides 
for general permit provisions; and provides for surety bond requirements. 
 Section 28.12, concerning Single-Trip Permits Issued Under Texas Civil 
Statutes, Article 6701a, provides for general provisions for the issuance of 
single-trip permits for the movement of vehicles and loads that are overwidth, 
overlength, overheight, or overweight; and provides for convoy regulations for 
overlength loads. 
 Section 28.13, concerning Time Permits Issued Under Texas Civil Statutes, 
Article 6701a, Article 6701d-11, sec.3, and Article 6701d-14, provides for 
general provisions for time permits that are issued for overwidth or overlength 
loads; and provides for annual permits for implements of husbandry, power-line 
poles, and cylindrically shaped bales of hay. 
 Section 28.14, concerning Manufactured Housing, Industrialized Housing and 
Building Permits, provides for the application, issuance, payment, and escort 
requirements for permits for manufactured housing or industrialized housing and 
buildings. 
 Section 28.15, concerning Portable Building Permits, provides for the 
application, issuance, payment, and escort requirements for permits for portable 
buildings. 
 Section 28.16, concerning Permits for Military and Governmental Agencies, 
establishes regulations for the movement of military and governmental loads on 
public, military, and governmental equipment. 
 Bert A. Lundell, director, Central Permit Office, has determined that for the 
first five-year period the sections are in effect there will be fiscal 
implications to the state as a result of enforcing or administering the 
sections. The anticipated economic cost to the state for Fiscal Year 1994 is 
approximately $29,765. This amount includes: $4,335 for issuing annual permits 
for cylindrically shaped bales of hay; $24,140 for collecting vehicle 
supervision fees; and $1,290 for administering escrow accounts for the payment 
of permit fees. The anticipated economic cost each year for Fiscal Years 1995-
1998 is approximately $89,290. This amount includes: $13,000 for issuing annual 
permits for cylindrically shaped bales of hay; $72,425 for collecting vehicle 
supervision fees; and $3,865 for administering escrow accounts for the payment 
of permit fees. 
 It is estimated that revenues will increase by approximately $26,710 for Fiscal 
Year 1994, which will include: $1,280 from issuing annual permits for 
cylindrically shaped bales of hay; $24,140 from collecting vehicle supervision 
fees; and $1,290 from administering escrow accounts for the payment of permit 
fees for manufactured housing, portable buildings and concrete beams. It is 
estimated that revenues will increase by approximately $80,130 each year for 
Fiscal Years 1995-1998, which will include: $3,840 from issuing annual permits 
for cylindrically shaped bales of hay; $72,425 from collecting vehicle 
supervision fees; and $3,865 from administering escrow accounts for the payment 
of permit fees for manufactured housing, portable buildings and concrete beams. 
There is no anticipated fiscal implications to local governments. 
 Mr. Lundell has certified that there will be no significant impact on local 
economies or overall employment as a result of enforcing or administering the 
sections. 
 Mr. Lundell also has determined that for each year of the first five years the 
sections as proposed are in effect the public benefits anticipated as a result 
of enforcing and administering the sections as proposed will be to: implement 
previously cited legislation; provide a precise and uniform approach to the 
issuance of permits for the movement of oversize and overweight vehicles and 
loads; provide greater protection to the integrity of the highway 
infrastructure; provide increased safety to the traveling public and the 
permittee by decreasing hazards from the movement of oversize loads; and 
increase productivity of the trucking industry, thereby aiding the State's 
economy. 
 Comments on the proposal may be submitted to Bert A. Lundell, Director, Central 
Permit Office, 125 East 11th Street, Austin, Texas 78701-2483. The deadline for 
receipt of comments will be 5:00 p.m. on June 14, 1994. 
 Pursuant to the Administrative Procedure Act, the Government Code, Chapter 
2001, the Texas Department of Transportation will conduct a public hearing to 
receive comments concerning the proposed new sections. The public hearing will 
be held at 9 a.m. on Thursday, May 26, 1994, in Room 101, Building 200, 200 East 
Riverside Drive, Austin, Texas, and will be conducted in accordance with the 
procedures specified in 43 TAC sec.1.5. Any interested person may appear and 
offer comments, either orally or in writing; however, questioning of those 
making presentations will be reserved exclusively to the presiding officer as 
may be necessary to ensure a complete record. While any person with pertinent 
comments will be granted an opportunity to present them during the course of the 
hearing, the presiding officer reserves the right to restrict testimony in terms 
of time and repetitive content. Organizations, associations, or groups are 
encouraged to present their commonly held views and identical or similar 
comments through a representative member where possible. Comments on the 
proposed text should include appropriate citations to sections, subsections, 
paragraphs, etc., for proper reference. Any suggestions or requests for 
alternative language or other revisions in the proposed text should be submitted 
in written form. Presentations must remain pertinent to the issue being 
discussed. A person may not assign a portion of his or her time to another 
speaker. A person who disrupts a public hearing must leave the hearing room if 
ordered to do so by the presiding officer. Persons with disabilities who have 
special communication or accommodation needs and who plan to attend the hearings 
may contact Eloise Lundgren, Director of the Public Information Office, at 125 
East 11th Street, Austin, Texas 78701- 2483, (512) 463-8588. 
 The sections are proposed under Texas Civil Statutes, Article 6666, which 
provide the Texas Transportation Commission with the authority to establish 
rules for the conduct of the work of the Texas Department of Transportation, and 
more specifically by Texas Civil Statutes, Article 6701, which authorize the 
commission to issue permits for the movement of oversize manufactured housing, 
and industrialized housing and buildings; Texas Civil Statutes, Article 6701a, 
which authorize the commission to issue permits for the movement of oversize and 
overweight loads that cannot be reasonably dismantled; Texas Civil Statutes, 
Article 6701a-2, which authorize the commission to issue permits for the 
movement of oversize portable buildings; Texas Civil Statutes, Article 6701d-11, 
sec.3, which authorize the commission to issue annual permits for the movement 
of vehicles, that exceed the allowable vehicle width but do not exceed 144 
inches in width, that are used to carry cylindrically shaped bales of hay; Texas 
Civil Statutes, Article 6701d-12, which authorize the commission to approve and 
certify bonds for a vehicle transporting ready-mix concrete, when such vehicle 
exceeds 34,000 pounds on a tandem axle but does not exceed 46,000 pounds, or a 
single-axle load may not exceed 23,000 pounds, or a gross weight not to exceed 
69,000 pounds; Texas Civil Statutes, Article 6701d-14, which authorize the 
commission to issue annual permits for the movement of poles required for the 
maintenance of electric power transmission and distribution lines; and Texas 
Civil Statutes, Article 6701d-19a, which authorize the commission to approve and 
certify bonds for a vehicle transporting solid waste, when such vehicle exceeds 
34,000 pounds on a tandem axle, but does not exceed 44,000 pounds on the tandem 
axle or 64,000 pounds gross weight. 
 
 
  sec.28.10. Purpose. 
 
  (a) In accordance with Texas Civil Statutes, Articles 6701a, 6701, 6701a-2, 
6701d-11, sec.3, 6701d-12, 6701d-14, and 6701d- l9a, the department may: 
 
  (1) issue permits for the operation of oversize and/or overweight vehicles 
for: 
 
  (A) the transportation of cargo that cannot be reasonably dismantled when the 
gross size or weight exceeds the limits allowed by law; 
   
  (B) the transportation of oversize portable buildings; or 
   
  (C) the movement of oversize manufactured housing and industrialized 
buildings; and 
   
  (D)  the movement of cylindrically shaped bales of hay; and 
     
  (2)  certify surety bonds required for the operation of overweight ready-mix 
concrete vehicles and vehicles transporting overweight loads of solid waste that 
exceed maximum legal weight limits as set forth by Texas Civil Statutes, Article 
6701d-11, sec.5. 
     
  (b) The following sections in this subchapter set forth the requirements and 
procedures applicable to those permits and surety bonds. 
 
     
  sec.28.11. Permit Issuance Requirements and Procedures. 
 
  (a)  Application for permit. 
 
  (1) General. The applicant must complete the application, and must comply with 
the designated methods of payment in subsection (c) of this section prior to 
contacting the CPO for issuance of a permit. The applicant must list a specific 
load description, such as the model and serial number for any item of machinery, 
or in the case of concrete beams, the beam number shall be stated. 
 
  (A) The owner of a vehicle permitted under the provisions of Texas Civil 
Statutes, Article 6701a, must file a surety bond with the CPO prior to permit 
issuance, as provided in subsection (g)(1) and (2) of this section. 
   
  (B) When an application is made by telephone, the permit officer will request 
all information in the application for entry into the department's computer for 
record keeping purposes and generation of the permit number. The information 
will be verified and a route will be selected. 
   
  (C) The official permit issued by the CPO is stored in the department's 
mainframe computer located in Austin. 
   
  (D) A permit request made by mail or facsimile will be returned to the 
applicant by mail or facsimile. 
   
  (E) The CPO is closed on Sunday, New Year's Day, Memorial Day, Independence 
Day, Labor Day, Thanksgiving Day, and Christmas Day. 
     
  (2) Single-trip permit application. An application for a single-trip permit 
may be made to the CPO by telephone, by submitting a facsimile permit request, 
or by taking the application in person to a cash collection office. All 
applications made by telephone are recorded. 
   
  (3) Time permit application. An application for a time permit issued under 
Texas Civil Statutes, Articles 6701a and 6701d-14, must be submitted by mail or 
by facsimile to the CPO. 
     
  (b) Permit issuance. 
 
  (1) General. The applicant must legibly enter all information and the permit 
number on the permit, when the permit request is made by telephone. 
 
  (A) The original permit, a facsimile copy of the permit, or a CPO computer-
generated permit must be kept in the permitted vehicle until the day after the 
date the permit expires. 
   
  (B) A permit is void when an applicant: 
 
  (i)  gives false or incorrect information; 
   
  (ii) does not comply with the restrictions or conditions stated in the permit; 
or 
   
  (iii)  changes or alters the information on the applicant's copy of the 
permit. 
     
  (C) A permittee may not transport an overdimension load with a void permit; a 
new permit must be obtained. 
     
  (2) Single-trip permit. Specific types of single-trip permits are covered in 
sec.28.12 of this title (relating to Single-Trip Permits Issued Under Texas 
Civil Statutes, Article 6701a), sec.28.14 of this title (relating to 
Manufactured Housing, Industrialized Housing and Building Permits), and 
sec.28.15 of this title (relating to Portable Building Permits). 
   
  (3) Time permit. A time permit may be issued by mail or by facsimile. Specific 
types of time permits are covered in sec.28.13 of this title (relating to Time 
Permits Issued Under Texas Civil Statutes, Article 6701a and Article 6701d-14). 
     
  (c)  Payment of permit fee. 
 
  (1) Credit card. A permit ordered by telephone or facsimile may be purchased 
with a credit card. 
 
  (A) A PAC must be established and maintained according to the contract 
provisions stipulated between the PAC holder and the financial institution under 
contract to the department and the Texas State Treasury. 
   
  (B) A permit purchased with a credit card will pay a service charge of $1.00 
in addition to the permit fee. 
     
  (2) Cash. Cash is acceptable as payment of a permit ordered by telephone, and 
the payment must be made at a cash collection office. Cash is not the preferred 
form of payment. 
 
  (A) A cashier's check, or a money order is acceptable as payment of a permit, 
and the payment may be made at a cash collection office or at the CPO prior to 
receipt of the permit. 
   
  (B) A company check or a personal check is not acceptable as payment of a 
permit. 
     
  (3) Escrow accounts. A permit applicant may establish an escrow account with 
the department for the specific purpose of paying any fee that is related to the 
issuance of a permit under this subchapter. 
 
  (A)  A permit applicant that desires to establish an escrow account shall 
complete and sign an escrow account agreement, and shall return the completed 
and signed agreement to the department with a check in the minimum amount of 
$305, which shall be deposited to the appropriate fund by the department in the 
State Treasury. Five dollars per deposit will be charged as an escrow account 
administrative fee and shall be deposited in the state highway fund. 
   
  (B) When the permit applicant's escrow account balance has been reduced to 
$150, the department will generate a statement that will be furnished to the 
holder of the escrow account with instructions to submit a cashiers's check or 
money order, payable to the department in the minimum amount of $305, which 
shall be used to replenish the escrow account. 
   
  (C)  Upon receipt of the replenishment check, the department will charge $5.00 
as an escrow account administrative fee, and will credit the remainder of the 
check to the balance of the escrow account holder. 
   
  (D) An escrow account holder must submit a written request to the department 
to terminate the escrow account agreement. Any remaining balance will be 
returned to the escrow account holder. 
     
  (4) Refunds. A permit fee will not be refunded after the permit number has 
been issued; however, a refund may be made after permit issuance if it is 
necessary to correct an error made by the permit officer. 
     
  (d) Maximum permit weight limits. 
 
  (1) General. An overweight permitted vehicle will not be routed over a load-
restricted bridge, unless a special exception is granted by the CPO, based on an 
analysis of the bridge. 
 
  (A) An axle group must have a minimum spacing of four feet, measured from 
center-of-axle to center-of-axle, between each axle in the group, to achieve the 
maximum permit weight for the group. 
   
  (B) The maximum permit weight for an axle group with spacings of five or more 
feet between each axle will be based on an engineering study conducted by the 
CPO. 
   
  (C)  A permitted vehicle will be allowed to have air suspension, hydraulic 
suspension and mechanical suspension axles in a common weight-equalizing 
suspension system for any axle group. 
   
  (D) Two or more consecutive axle groups must have an axle spacing of 12 feet 
or greater, measured from the center of the last axle of the preceding group to 
the center of the first axle of the following group, in order for each group to 
be permitted for maximum permit weight. When two or more consecutive axle groups 
have an axle spacing of less than 12 feet, measured from the center of the last 
axle of the preceding group to the center of the first axle of the following 
group, the department will grant reduced permit weights for each axle group 
based on the number of axles in the group and the spacing between the groups as 
shown in the following Appendix A, which is titled "Maximum Permit Weight For 
Axle Groups Spaced Less Than 12 Feet." 
 
  
   
  [graphic] 
     
  (E) The CPO may permit axle weights greater than those specified in this 
section, for a specific individual permit request, based on an engineering study 
of the route and hauling equipment. 
     
  (2) Maximum axle weight limits. Maximum permit weight for an axle or axle 
group is based on 650 pounds per inch of tire width or the following axle or 
axle group weights, whichever is the lesser amount: 
 
  (A) single axle-25,000 pounds; 
   
  (B) two axle group-46,000 pounds; 
   
  (C) three axle group-60,000 pounds; 
   
  (D) four axle group-70,000 pounds; 
   
  (E)  five axle group-81,400 pounds; 
   
  (F) axle group with six or more axles-determined by the CPO based on an 
engineering study of the equipment, which will include the type of steering 
system used, the type of axle suspension, the spacing distance between each 
axle, the number of tires per axle, and the tire size on each axle. 
     
  (3) Weight limits for load-restricted roads. Maximum permit weight for an axle 
or axle group, when traveling on a load restricted road, will be based on 650 
pounds per inch of tire width or the following axle or axle group weights, 
whichever is the lesser amount: 
 
  (A) single axle-22,500 pounds; 
   
  (B) two axle group-41,400 pounds; 
   
  (C) three axle group-54,000 pounds; 
   
  (D)  four axle group-63,000 pounds; 
   
  (E) five axle group-73,260 pounds; 
   
  (F) axle group with six or more axles-determined by the CPO based on an 
engineering study of the equipment, which will include the type of steering 
system used, the type of axle suspension, the spacing distance between each 
axle, the number of tires per axle, and the tire size on each axle; and 
   
  (G) two or more consecutive axle groups having an axle spacing of less than 12 
feet, measured from the center of the last axle of the preceding group to the 
center of the first axle of the following group-10% less than the permit weights 
as shown in Appendix A of sec.28.11(d)(1)(D) of this title (relating to Permit 
Issuance Requirements and Procedures). 
       
  (e)  Escort vehicle requirements. 
 
  (1) General. An escort vehicle does not have any authority to control traffic. 
 
  (A) The CPO has the authority to require escort vehicles for the safe movement 
of a permitted vehicle, except for manufactured housing which has specific 
requirements established in Texas Civil Statutes, Article 6701, provided the CPO 
has determined that the use of escort vehicles would provide for the safe 
movement of the permitted vehicle, and would protect the traveling public during 
the movement of the permitted vehicle. 
   
  (B) A motorcycle, a motorized bicycle, or a motorized quadricycle may not be 
used as the primary escort vehicle for a permitted vehicle traveling on the 
state highway system; however, a police officer may use a motorcycle to control 
traffic and to assist the primary escort vehicle during the movement of the 
permitted vehicle. 
   
  (C)  The permittee must select and provide for escort vehicles and police 
assistance when they are required by the CPO. 
   
  (D) The permittee must provide any needed assistance from utility companies, 
telephone companies, television cable companies, etc., when it is necessary to 
raise or lower any overhead wire, traffic signal, street light, television 
cable, sign, or other overhead obstruction. 
   
  (E) Police assistance may be required by the CPO to control traffic when a 
permitted vehicle is being moved within the corporate limits of cities, or at 
such times when police assistance would provide for the safe movement of the 
permitted vehicle and the traveling public. 
     
  (2) Equipment requirements. The following are special equipment requirements 
for escort vehicles and permitted vehicles. 
 
  (A)  An escort vehicle must be equipped with two flashing amber lights or one 
rotating amber beacon of not less than eight inches in diameter, affixed to the 
roof of the escort vehicle, which must be visible to the front, sides, and rear 
of the escort vehicle while actively engaged in escort duties for the permitted 
vehicle. 
   
  (B) An escort vehicle must display a sign, on either the roof of the vehicle, 
or the front or rear of the vehicle, with the words "OVERSIZE LOAD". The sign 
must meet the following specifications: 
 
  (i) Size: seven feet in length by 18 inches in height. 
   
  (ii)  Color: yellow background with black lettering. 
   
  (iii) Size of lettering: 10 inches high with a brush stroke at least 1.41 
inches wide. 
   
  (iv) Visibility: The sign must be visible from the front or rear of the 
vehicle while escorting the permitted vehicle, and such signs must not be used 
at any other time. 
     
  (C) An escort vehicle must maintain two-way radio communications with the 
permitted vehicle and other escort vehicles involved with the movement of the 
permitted vehicle. 
   
  (D) Warning flags must be either red or orange fluorescent material, at least 
18 inches square, securely mounted on a staff or securely fastened by at least 
one corner to the widest extremities of an overwidth permitted vehicle, and at 
the rear of an overlength permitted vehicle or a permitted vehicle with a rear 
overhang in excess of four feet. 
       
  (f) General provisions. 
 
  (1)  Multiple commodities. 
 
  (A) Except as provided in subparagraph (B) of this paragraph, when a permitted 
commodity creates a single overdimension, two or more commodities may be hauled 
as one permit load, provided legal axle and gross loads are not exceeded, and 
provided no illegal dimension of width, length or height is created or made 
greater by the additional commodities. For example, a permit issued for the 
movement of a 12-foot wide storage tank may also include a 10-foot wide storage 
tank loaded behind the 12-foot wide tank provided that the addition of the 10-
foot wide tank does not create an illegal axle or gross weight, or an illegal 
length, or an illegal height. 
   
  (B)  When the transport of more than one commodity in a single load creates or 
makes greater an illegal dimension of length, width, or height the department 
may issue an oversize permit for such load subject to each of the following 
conditions. 
 
  (i) The permit applicant or the shipper of the commodities files with the 
department a written certification by the Texas Department of Commerce, approved 
by the Office of the Governor, attesting that issuing the permit will have a 
significant positive impact on the economy of Texas and that the proposed load 
of multiple commodities therefore cannot be reasonably dismantled. As used in 
this clause the term significant positive impact means the creation of not less 
than 100 new full-time jobs, the preservation of not less than 100 existing 
full-time jobs, that would otherwise be eliminated if the permit is not issued, 
or creates or retains not less than one percent of the employment base in the 
affected economic sector identified in the certification. 
   
  (ii) Transport of the commodities does not exceed legal axle and gross load 
limits. 
   
  (iii)  The permit is issued in the same manner and under the same provisions 
as would be applicable to the transport of a single oversize commodity under 
this section; provided, however, that the shipper and the permittee also must 
indemnify and hold harmless the department, its commissioners, officers, and 
employees from any and all liability for damages or claims of damages including 
court costs and attorney fees, if any, which may arise from the transport of an 
oversized load under a permit issued pursuant to this subparagraph. 
   
  (iv) The shipper and the permittee must file with the department a certificate 
of insurance on a form prescribed by the department, or otherwise acceptable to 
the department, naming the department, its commissioners, officers, and 
employees as named or additional insureds on its comprehensive general liability 
insurance policy for coverage in the amount of $5 million per occurrence, 
including court costs and attorney fees, if any, which may arise from the 
transport of an oversized load under a permit issued pursuant to this 
subparagraph. The insurance policy to be procured from a company licensed to 
transact insurance business in the State of Texas. 
   
  (v) The shipper and the permittee must file with the department, in addition 
to all insurance provided in clause (iv) of this subparagraph, a certificate of 
insurance on a form prescribed by the department, or otherwise acceptable to the 
department, naming the department, its commissioners, officers, and employees as 
insureds under an auto liability insurance policy for the benefit of said 
insureds in an amount of $5 million per accident. The insurance policy to be 
procured from a company licensed to transact insurance business in the State of 
Texas. If the shipper or the permittee is self-insured with regard to automobile 
liability then that party must take all steps and perform all acts necessary 
under the law to indemnify the department, its commissioners, officers, and 
employees as if the party had contracted for insurance pursuant to, and in the 
amount set forth in, the preceding sentence and shall agree to so indemnify the 
department, its commissioners, officers, and employees in a manner acceptable to 
the department. 
   
  (vi)  Issuance of the permit is approved by written order of the commission 
which written order may be, among other things, specific as to duration and 
routes. 
     
  (C) An applicant requesting a permit to haul a dozer and its detached blade 
may be issued a permit, as a non-dismantable load, if removal of the blade will 
decrease the overall width of the load, thereby reducing the hazard to the 
traveling public. 
     
  (2) Oversize hauling equipment. A vehicle that exceeds the legal size limits, 
as set forth by Texas Civil Statutes, Article 6701d-11, sec.3, may only haul a 
load that exceeds legal size limits, but such vehicle may haul an overweight 
load that does not exceed legal size limits, except for the special exception 
granted in sec.28.13(b)(6) of this title (relating to Time Permits issued under 
Texas Civil Statutes, Article 6701a and Article 6701d-14). 
   
  (3) Registration. A vehicle registered with a permit plate will not be 
permitted under Texas Civil Statutes, Article 6701a. A permitted vehicle 
operating under Texas Civil Statutes, Article 6701a, must be registered with one 
of the following types of vehicle registration: 
 
  (A) current Texas license plates that indicate the permitted vehicle is 
registered for maximum legal gross weight or the maximum weight the vehicle can 
transport; 
   
  (B) Texas 72/144-hour temporary registration; or 
   
  (C) current out-of-state license plates that are apportioned for travel in 
Texas. 
     
  (4) Restrictions pertaining to road conditions. Movement of a permitted 
vehicle is prohibited when: 
 
  (A) visibility is reduced to less than 2/10 of one mile; or 
   
  (B)  the road surface is hazardous due to: 
 
  (i) weather conditions such as rain, ice, sleet, or snow; or 
   
  (ii) highway maintenance or construction work. 
       
  (5) Daylight and night movement restrictions. A permitted vehicle may be moved 
only during daylight hours, unless an exception is granted based on a route and 
traffic study conducted by the CPO. 
   
  (6)  Curfew restrictions. The operator of a permitted vehicle must observe the 
curfew movement restrictions of any city in which the vehicle is operated. 
   
  (7) Amendments. A permit may be amended for the following reasons: 
 
  (A) vehicle breakdown; 
   
  (B) changing the intermediate points in an approved permit route; 
   
  (C) extending expiration date due to vehicle breakdown; 
   
  (D) extending expiration date due to weather conditions which would not allow 
the move to start on time or caused the move to be delayed; 
   
  (E) changing route origin, route destination, or vehicle size limits, provided 
the permit has not begun; and 
   
  (F) correcting any mistake that is made due to permit-officer error. 
       
  (g) Surety bonds. 
 
  (1) General. The following conditions apply to surety bonds, specified in 
Texas Civil Statutes, Article 6701a, Article 6701d-12, and Article 6701d-19a. 
 
  (A) the surety bond must: 
 
  (i) be made payable to the department with the condition that the applicant 
will pay the department for any damage caused to the highway by the operation of 
the equipment covered by the surety bond; 
   
  (ii) be issued on an annual basis with an expiration date of August 31; 
   
  (iii) include the complete mailing address and zip code of the principal; 
   
  (iv) be filed with the COP and have an original signature of the principal; 
   
  (v) have a single entity as principal with no other principal names listed; 
   
  (vi) be countersigned by a Texas resident agent of the surety company issuing 
the surety bond, if it is not issued in the State of Texas. 
     
  (B) A certificate of continuation will not be accepted. 
   
  (C) The owner of a vehicle bonded under Texas Civil Statutes, Articles 6701a, 
6701d-12, or 6701d-19a, that damages the state highway system as a result of the 
permitted vehicle's movement will be notified by certified mail of the amount of 
damage and will be given 30 days to submit payment for such damage. Failure to 
make payment within 30 days will result in the department's placing the claim 
with the attorney general for collection. 
   
  (D) The venue of any suit for a claim against a surety bond for the movement 
of a vehicle permitted under the provisions of Texas Civil Statutes, Article 
6701a, will be any court of competent jurisdiction in Travis County. 
     
  (2)  Permit surety bonds. 
 
  (A) A surety bond required under the provisions of Texas Civil Statutes, 
Article 6701a, must be submitted on the department's standard surety bond form, 
Form 439; and be in the amount of $10, 000. 
   
  (B) An applicant desiring a permit for a load exceeding 250,000 pounds gross 
weight must obtain a surety bond, issued on Form 440, in the amount of $100,000. 
   
  (C) A facsimile copy of the surety bond is acceptable in lieu of the original 
surety bond, for a period not to exceed ten days from the date of its receipt in 
the CPO. If the original surety bond has not arrived in the CPO by the end of 
the ten days, the applicant will not be issued a permit until the original 
surety bond has been received in the CPO. 
   
  (D) The surety bond requirement does apply to the delivery of farm equipment 
to a farm equipment dealer. 
   
  (E) A surety bond is required when a dealer or transporter of farm equipment 
or a manufacturer of farm equipment obtains a permit. 
   
  (F) The surety bond requirement does not apply to driving or transporting farm 
equipment which is being used for agricultural purposes if it is driven or 
transported by or under the authority of the owner of the equipment. 
     
  (3) Ready-mix concrete or solid waste vehicle surety bonds. 
 
  (A) A surety bond is required for a vehicle operated under provisions of Texas 
Civil Statutes, Article 6701d-12 or Article 6701d-19a. The surety bond must: 
 
  (i) be in the amount of $1,000 per vehicle (For example, if 10 trucks are 
covered by the surety bond then the total amount of the surety bond would be 
$10,000.); 
   
  (ii) indicate the total amount of coverage; and 
   
  (iii) be submitted in duplicate to the CPO on Form 1382 or Form 1575. 
     
  (B) Form 1382-A or Form 1576 must be completed in duplicate and submitted to 
the CPO for certification of each vehicle bonded under Forms 1382 or Form 1575. 
   
  (C) The CPO will certify and return to the principal, one copy of Form 1382 or 
Form 1575, and one copy of Form 1382-A or Form 1576. 
   
  (D) Form 1382-A or Form 1576 must be carried in the cab of the bonded vehicle. 
   
  (E) When a vehicle is added, a new Form 1382 or Form 1575 must be submitted to 
the CPO that indicates the new increased amount of the surety bond. 
   
  (F) Form 1383 or Form 1577 must be used to add or delete a vehicle covered by 
Form 1382 or Form 1575, and must be completed in duplicate and submitted to the 
CPO for certification. 
   
  (G) The CPO will certify and return to the principal one copy of Form 1383 or 
Form 1577 when a new vehicle is added to the surety bond. When a vehicle is 
dropped from the surety bond the CPO will make the necessary revision to the 
principal's file. 
   
  (H) Form 1383 or Form 1577 must be carried in the cab of the bonded vehicle. 
   
  (I) A facsimile copy of Forms 1382, 1382-A, 1383, 1575, 1576 or 1577 is not 
acceptable in lieu of the original surety bond. 
 
         
  sec.28.12. Single-Trip Permits Issued Under Texas Civil Statutes, Article 
6701a. 
 
  (a) General. 
 
  (1) The requirements stated in sec.28.11(b)(1) and (2) of this title (relating 
to Permit Issuance Requirements and Procedures) govern a permit issued under 
this section. 
   
  (2) The following information applies to a single-trip permit issued under 
Texas Civil Statutes, Article 6701a, for an overdimension load. 
 
  (A) The permit fee is $30, and may be issued for an overdimension load that 
cannot be reasonably dismantled when the department determines that movement may 
be accomplished without material damage to the highways, bridges, and other 
appurtenances. 
   
  (B) A permitted vehicle must be routed over the most direct route available 
taking into consideration: 
 
  (i) the size and weight of the overdimension load in relation to vertical 
clearances, width restrictions, and weak or load restricted bridges; 
   
  (ii) the geometrics of the roadway in comparison to the overdimension load; 
and 
   
  (iii) sections of highways restricted to specific load sizes and weights due 
to construction, maintenance, and weather conditions. 
     
  (C)  When a permit applicant desires a route other than the most direct, more 
than one permit will be required for the trip. 
   
  (D) A permitted vehicle will be allowed return movement of the empty 
oversize/overweight hauling equipment to the permitted vehicle's point of 
origin, provided the return movement is completed within the time period stated 
in the permit. 
     
  (3) The permitted vehicle will be restricted to daylight movement only, unless 
an exception is granted by the CPO. Exceptions will be based on a route and 
traffic study. 
   
  (4) A permitted vehicle operating under a single-trip permit must be 
registered under Texas Civil Statutes, Article 6675a-2 or Article 6675a-16, for 
maximum gross weight as set forth by Texas Civil Statutes, Article 6701d-11, 
sec.5, not exceeding 80,000 pounds total gross weight. 
   
  (5) A permitted vehicle that has been granted night movement must have a front 
and a rear escort vehicle at all times when the permitted vehicle is moving on 
the state highway system, unless an exception is granted based on a route and 
traffic study conducted by the CPO. 
   
  (6)  The maximum size limits for a permit issued under Texas Civil Statutes, 
Articles 6701a, 6701a-2, and 6701d-14, for weekend or holiday movement is 14 
feet wide, or 16 feet high, or 110 feet long; however, the CPO may allow weekend 
or holiday movement for a specific permitted vehicle with greater size limits 
based on a route and traffic study conducted by the CPO. 
     
  (b)  Overwidth loads. 
 
  (1) An overwidth load must: 
 
  (A) travel in the outside traffic lane on multi-lane highways, when the width 
of the load exceeds 12 feet; 
   
  (B) have a front escort vehicle if the width of the load exceeds 14 feet but 
does not exceed 16 feet when traveling on a two-lane highway, unless an 
exception is granted by the CPO based on a route and traffic study; 
   
  (C) have a rear escort vehicle if the width of the load exceeds 14 feet but 
does not exceed 16 feet when traveling on a roadway of four or more lanes, 
unless an exception is granted by the CPO based on a route and traffic study; 
and 
   
  (D) have a front and a rear escort vehicle for all roads, when the width of 
the load exceeds 16 feet, unless an exception is granted by the CPO based on a 
route and traffic study. 
     
  (2)  A permitted vehicle exceeding 16 feet in width will not be routed on the 
main lanes of a controlled access highway. However, the load may be permitted on 
the frontage roads when such are available, provided the movement will not pose 
a safety hazard to other highway users. 
   
  (3) The CPO may grant an exception to travel on the main lanes based on a 
route and traffic study. 
   
  (4) An applicant requesting a permit to move an overdimension load exceeding 
20 feet overall width will be furnished with a proposed route, which the 
applicant must physically inspect to determine if the overdimension load can 
safely negotiate the proposed route, unless an exception is granted based on a 
route and traffic study conducted by the CPO. 
   
  (5) The applicant must notify the CPO in writing whether the overdimension 
load can or cannot safely negotiate the proposed route. If any section of the 
proposed route is unacceptable, the applicant shall provide the CPO with an 
alternate route around the unacceptable section. 
   
  (6) When a permit is issued for an overwidth trailer, it will be permitted to 
move empty to and from the job site. 
     
  (c) Houses and storage tanks. 
 
  (1) Final approval for the issuance of a permit for a house or storage tank 
exceeding 20 feet in width will reside with each district engineer on the 
proposed route. 
   
  (2)  The issuance of a permit for a house exceeding 20 feet in width will 
depend on: 
 
  (A) the amount of inconvenience and hazard to the traveling public, based on 
traffic volume; 
   
  (B) highway geometrics and time of movement; and 
   
  (C) the overall width, measured to the nearest inch, of the house includes the 
eaves or porches. 
     
  (3) The issuance of a permit for a storage tank exceeding 20 feet in width 
will depend on: 
 
  (A) the amount of inconvenience and hazard to the traveling public, based on 
traffic volume; 
   
  (B) highway geometrics and time of movement; and 
   
  (C) the overall width, measured to the nearest inch, of the storage tank 
includes valves or other projections. 
     
  (4) A tank must be empty. 
   
  (5) The proposed route must include the beginning and ending points on a state 
highway. 
   
  (6) A permit will not be issued for a newly constructed house or storage tank 
that exceeds 32 feet overall width. 
   
  (7) A permit will not be issued for an old house or old storage tank that 
exceeds 40 feet overall width, unless an exception is granted by the CPO, based 
on a route and traffic study. 
   
  (8) A permit may be issued for the movement of an overweight house provided: 
 
  (A) the applicant completes and submits to the CPO a copy of a diagram for 
moving overweight houses, as shown in Appendix B of this section; 
   
  (B) each support beam, parallel to the centerline of the highway, is equipped 
with an identical number of two-axle groups which may be placed directly in line 
and across from the other corresponding two axle group or may be placed in a 
staggered offset arrangement to provide for proper weight distribution; 
   
  (C) that, when a support beam is equipped with two or more two axle groups, 
each two axle-group is connected to a common mechanical or hydraulic system to 
insure that each two-axle group shares equally in the weight distribution at all 
times during the movement; and, when the spacing between the two-axle groups, 
measured from the center of the last axle of the front group to the center of 
the first axle of the following group, is eight feet or more, the front two-axle 
group is equipped for self-steering in a manner that will guide or direct the 
axle group in turning movements without tire scrubbing or pavement scuffing; and 
   
  (D) the department conducts a detailed analysis of each structure on the 
proposed route and determines the load can be moved without damaging the roads 
and bridges. 
     
  (9) The CPO may waive the requirement that a loading diagram be submitted for 
the movement of an overweight house, provided the total weight of all axle 
groups located in the same transverse plane across the house do not exceed the 
maximum weight limits specified in sec.28.11(d)(2) of this title (relating to 
Permit Issuance Requirements and Procedures). 
     
  (d) Overlength loads. 
 
  (1) An overlength permit may be issued to a vehicle or vehicle combination 
transporting a load that projects more than three feet in front of the foremost 
portion of the vehicle transporting the load, or when the load projects more 
than four feet beyond the rearmost portion of the load carrying surface of the 
vehicle transporting the load. 
   
  (2) A single vehicle, such as a motor crane, that has a permanently mounted 
boom is not considered as having either front or rear overhang as a result of 
the boom because the boom is an integral part of the vehicle. 
   
  (3) When a single vehicle with a permanently attached boom exceeds the maximum 
legal length of 45 feet, a permit will not be issued if the boom projects more 
than 25 feet beyond the front bumper of the vehicle, or when the boom projects 
more than 30 feet beyond the rear bumper of the vehicle, unless an exception is 
granted by the CPO, based on a route and traffic study. 
   
  (4) Maximum permit length for a single vehicle is 75 feet. 
   
  (5)  A load extending more than 20 feet beyond the rearmost portion of the 
load carrying surface of the permitted vehicle must have a rear escort, unless 
an exception is granted by the CPO, based on a route and traffic study. 
   
  (6)  A load extending more than 20 feet beyond the foremost portion of the 
permitted vehicle must have a front escort, unless an exception is granted by 
the CPO, based on a route and traffic study. 
   
  (7) A permit will not be issued for an overdimension load with: 
 
  (A) more than 25 feet front overhang; or 
   
  (B) more than 30 feet rear overhang, unless an exception is granted by the 
CPO, based on a route and traffic study. 
     
  (8) A permitted vehicle exceeding 110 feet overall length, but not exceeding 
125 feet overall length must have: 
 
  (A) a front escort vehicle when traveling on a two-lane highway; or 
   
  (B) a rear escort vehicle when traveling on a multi-lane highway. 
     
  (9) An applicant requesting a permit to move an overdimension load exceeding 
125 feet overall length will be furnished with a proposed route, which the 
applicant must physically inspect to determine if the overdimension load can 
safely negotiate the proposed route, unless an exception is granted based on a 
route and traffic study conducted by the CPO. The applicant must notify the CPO 
in writing whether the overdimension load can or cannot safely negotiate the 
proposed route. If any section of the proposed route is unacceptable, the 
applicant shall provide the CPO with an alternate route around the unacceptable 
section. 
   
  (10) A permitted vehicle exceeding 125 feet overall length must have a front 
and a rear escort vehicle at all times, unless an exception is granted based on 
a route and traffic study conducted by the CPO. 
     
  (e) Convoy regulations for overlength loads. 
 
  (1) A permitted vehicle that is not overwidth or overheight, and does not 
exceed 150 feet overall length, may be moved in a convoy consisting of not more 
than four overlength permitted vehicles. A permitted vehicle that is not 
overwidth or overheight that exceeds 150 feet, but does not exceed 180 feet 
overall length, may be moved in a convoy consisting of not more than two 
overlength permitted vehicles. 
   
  (2)  Each permitted vehicle in the convoy must: 
 
  (A) be spaced at least 1,000 feet but not more than 2,000 feet from any other 
permitted vehicle in the convoy; and 
   
  (B) have a rotating amber beacon or an amber pulsating light, not less than 
eight inches in diameter, mounted at the rear top of the load being transported. 
     
  (3) The convoy must have a front escort vehicle and a rear escort vehicle on 
all highways at all times. 
     
  (f) Overheight loads. 
 
  (1) Any permitted vehicle that exceeds 17 feet in height must have a front 
escort vehicle equipped with a height pole to accurately measure overhead 
obstructions, unless an exception is granted based on a route and traffic study 
conducted by the CPO. 
   
  (2) Any permitted vehicle exceeding 18 feet in height must have a front and 
rear escort vehicle, unless an exception is granted based on a route and traffic 
study conducted by the CPO. 
   
  (3) An applicant requesting a permit to move an overdimension load with an 
overall height of 19 feet or greater will be furnished with a proposed route, 
which the applicant must physically inspect to determine if the overdimension 
load can safely negotiate the proposed route, unless an exception is granted 
based on a route and traffic study conducted by the CPO. 
   
  (4) An applicant requesting a permit under paragraph (3) of this subsection 
must notify the CPO in writing whether the overdimension load can or cannot 
safely negotiate the proposed route. If any section of the proposed route is 
unacceptable, the applicant shall provide the CPO with an alternate route around 
the unacceptable section. 
     
  (g)  Overweight loads. 
 
  (1) The maximum weight limits for an overweight permit are specified in 
sec.28.11(d) of this title (relating to Permit Issuance Requirements and 
Procedures). 
   
  (2) The applicant shall pay, in addition to the single- trip permit fee of 
$30, a highway maintenance fee in an amount based on the following weights: 
 
  [graphic] 
   
  (3) A permit issued for an overdimension load exceeding 200,000 pounds gross 
weight will have a total permit fee that includes the single-trip permit fee, 
the highway maintenance fee, and the vehicle supervision fee (VSF). 
   
  (4) A permit may be issued to transport an overdimension load exceeding 
200,000 pounds gross weight but not exceeding 254,300 pounds gross weight, 
provided that the axle weights of the load conform to the axle weight limits and 
axle spacing requirements as set forth by sec.28.11(d) of this title (relating 
to Permit Issuance Requirements and Procedures), regardless of whether the load 
crosses any bridge, and provided the axle spacing distance is 95 feet or 
greater, measured from the center of the first axle to the center of the last 
axle. 
   
  (5) For a permit issued under paragraph (4) of this subsection, the permittee 
will pay the $30 single-trip permit fee, the $125 highway maintenance fee, and 
the vehicle supervision fee of $35. 
   
  (6)  A permit may be issued to transport: 
 
  (A) an overdimension load exceeding 200,000 pounds gross weight but not 
exceeding 254,300 pounds gross weight, when the axle weights do not conform to 
the axle weight limits and axle spacing requirements as set forth by 
sec.28.11(d) of this title (relating to Permit Issuance Requirements and 
Procedures), and provided the load does not cross any bridge; or 
   
  (B) an overdimension load that exceeds 254, 300 pounds gross weight that does 
not cross any bridge. 
     
  (7) For a permit issued under paragraph (6) of this subsection, the permittee 
will pay the $30 single-trip permit fee, the $125 highway maintenance fee, and 
the vehicle supervision fee of $100. If the permittee has additional identical 
loads that are to be moved over the same route within five days of the movement 
date of the original permit, the total fee for each additional load will be $30 
for the single-trip permit, $125 for the highway maintenance fee, and $35 for 
the vehicle supervision fee. 
   
  (8) A permit may be issued to transport: 
 
  (A) an overdimension load that exceeds 200,000 pounds gross weight but does 
not exceed 254,300 pounds gross weight, when the axle weights do not conform to 
the axle weight limits and axle spacing requirements as set forth by 
sec.28.11(d) of this title (relating to Permit Issuance Requirements and 
Procedures), and provided the load does cross a bridge; 
   
  (B) an overdimension load that exceeds 200,000 pounds gross weight but does 
not exceed 254,300 pounds gross weight that has an axle spacing distance that is 
less than 95 feet, measured from the center of the first axle to the center of 
the last axle, and does cross a bridge; or 
   
  (C) an overdimension load that exceeds 254,300 pounds gross weight that does 
cross a bridge. 
     
  (9) For a permit issued under paragraph (8) of this subsection, the permittee 
will pay the $30 single-trip permit fee, the $125 highway maintenance fee, and 
the vehicle supervision fee of $800. If the permittee has additional identical 
loads that are to be moved over the same route within five days of the movement 
date of the original permit, the total fee for each additional load will be $30 
for the single-trip permit, $125 for the highway maintenance fee, and $35 for 
the vehicle supervision fee. 
   
  (10) An applicant may elect to provide written certification from a registered 
professional engineer stating that the bridges and culverts on the proposed 
travel route are capable of sustaining the movement of an overdimension load 
exceeding 200,000 pounds gross weight; however, such certification must be 
approved by the department. 
   
  (11) When the certification required under paragraph (10) of this subsection 
is approved, the applicant must pay the single-trip permit fee of $30, the 
highway maintenance fee of $125, and the vehicle supervision fee of $500. If the 
permittee has additional identical loads that are to be moved over the same 
route within five days of the movement date of the original permit, the total 
fee for each additional load will be $30 for the single-trip permit, $125 for 
the highway maintenance fee, and $35 for the vehicle supervision fee. 
   
  (12) When the department has determined that a permit can be issued for an 
overdimension load exceeding 200,000 pounds gross weight, the applicant must pay 
the single-trip permit fee, the highway maintenance fee, and the vehicle 
supervision fee, by cashier's check, bank money order, or PAC, at the time the 
permit is issued. 
   
  (13) The department will not charge an analysis fee for single and multiple 
box culverts. 
   
  (14) An applicant requesting a permit to move an overdimension load that 
exceeds 254,300 pounds gross weight, or the weight limits in sec.28.11(d) of 
this title (relating to Permit Issuance Requirements and Procedures), must 
submit the following information to the CPO to determine if the permit can be 
issued: 
 
  (A)  a detailed loading diagram which indicates the number of axles, the 
number of tires on each axle, the tire size on each axle, the distance between 
each axle, the tare and gross weight on each axle, the transverse spacing of 
each set of dual wheels, the distance between each set of dual wheels, the 
load's center of gravity, the distance from the center of gravity to the center 
of the front bolster, the distance from the center of gravity to the center of 
the rear bolster, the distance from the center of the front bolster to the 
center of the fifth wheel of the truck, the distance from the center of the rear 
bolster to the center of the closest axle, and any other measurements as may be 
needed to verify that the weight of the overdimension load is adequately 
distributed among the various axle groups in the amounts indicated by the 
loading diagram; and 
   
  (B) a map indicating the exact beginning and ending points relative to a state 
highway. 
     
  (15) The CPO will select a tentative route based on the physical size of the 
overdimension load excluding the weight. The tentative route must be 
investigated by the applicant, and the CPO must be advised, in writing, that the 
route is capable of accommodating the overdimension load. 
   
  (16) Upon receipt of the applicant's written notification, the department will 
conduct a detailed structural analysis of the bridges on the proposed route 
based on the applicant's proposed loading diagram, or the applicant may elect to 
provide written certification from a registered professional engineer stating 
that the bridges and culverts on the proposed travel route are capable of 
sustaining the movement of the overdimension load. The certification must be 
approved by the department before the permit will be issued. 
   
  (17) A permit may be issued for the movement of oversize and overweight self-
propelled earth-moving equipment under the following guidelines. 
 
  (A)  The weight per inch of tire width must not exceed 650 pounds. 
   
  (B)  The rim diameter of each wheel must be a minimum of 25 inches. 
   
  (C)  The maximum weight per axle must not exceed 45,000 pounds. 
   
  (D)  The minimum spacing between axles, measured from center-of-axle to 
center-of-axle, must not be less than 12 feet. 
   
  (E) The equipment must be moved empty. 
   
  (F) The equipment must be licensed with a machinery license plate or a one 
trip registration. 
   
  (G) The route will not include any controlled access highway, unless an 
exception is granted based on a route and traffic study conducted by the CPO. 
       
  (h) Drill pipe and drill collars hauled in a pipe box. 
 
  (1) A vehicle or combination of vehicles may be issued a permit under Texas 
Civil Statutes, Article 6701a, to haul drill pipe and drill collars in a pipe 
box. 
   
  (2) The maximum width must not exceed 9 feet. 
   
  (3) The axle weight limits must not exceed the maximum weight limits as 
specified in sec.28.11(d)(3) of this title (relating to Permit Issuance 
Requirements and Procedures). 
   
  (4) The height and length must not exceed the legal limits as specified in 
Texas Civil Statutes, Article 6701d-11, sec.3. 
   
  (5) The permit will be issued for a single-trip only, and the fee will be $30. 
   
  (6) The permit is valid only for travel on any farm-to- market and ranch-to-
market road, and such road will be specified on the permit; however, the 
permitted vehicle will not be allowed to cross any load restricted bridge. 
   
  (7) Movement will be restricted to daylight hours only. (8 A surety bond is 
required prior to issuance of the permit. 
     
  (i) Diagram for moving overweight houses. The following Appendix B indicates 
the type of diagram that is to be completed by the permit applicant for moving 
an overweight house. All measurements must be stated to the nearest inch. 
 
  
   
  [graphic] 
 
       
  sec.28.13. Time Permits Issued Under Texas Civil Statutes, Article 6701a, 
Article 6701d-11, sec.3, and Article 6701d-14. 
 
  (a) General. 
 
  (1) The requirements stated in sec.28.11(b)(1) and (3) of this title (relating 
to Permit Issuance Requirements and Procedures) govern a time permit issued 
under Texas Civil Statutes, Article 6701a. 
   
  (2) A time permit will be issued for an overwidth or overlength load, or an 
overlength vehicle under the following conditions. 
 
  (A) The fee for a 30-day permit is $60; the fee for a 60-day permit is $90; 
and the fee for a 90-day permit is $120. 
   
  (B) The time period must be 30, 60, or 90 calendar days, based on the request 
of the applicant, and will begin with the "movement to begin" date stated on the 
permit. 
   
  (C) The permitted vehicle may not exceed the weight or height limits set forth 
by Texas Civil Statutes, Article 6701d-11, sec.3 and sec.5. 
   
  (D) The permitted vehicle must be registered in accordance with Texas Civil 
Statutes, Article 6675a-2 or Article 6675a-16, for maximum weight for the 
vehicle or vehicle combination as set forth by Texas Civil Statutes, Article 
6701d-11, sec.5. 
   
  (E) The permit will indicate only the truck or truck-tractor transporting the 
load; however, any properly registered trailer or semi-trailer is covered by the 
permit, but will not be listed on the permit. 
   
  (F) Movement will be during daylight hours only. 
   
  (G) The permit route will be limited to seven adjoining districts, unless a 
specific route with an exact origin and destination is requested by the permit 
applicant, then the route may include more than seven districts. 
   
  (H)  The permitted vehicle must not cross a load restricted bridge and must 
not travel over any load restricted road, or through any highway construction or 
maintenance area. 
   
  (I) A time permit is available to all applicants and is not restricted to any 
class of operators. 
     
  (3) A time permit will not be issued to a vehicle or vehicle combination that 
is registered with temporary registration, or transferred from one permittee to 
another permittee, or from one vehicle to another vehicle. 
     
  (b) Overwidth loads. 
 
  (1) An overwidth time permit may be issued for the movement of construction 
and maintenance vehicles and machines, vehicles and machines used for soil 
conservation work or in the timber industry, implements of husbandry, and 
overwidth trailers used to haul those vehicles and machines. 
   
  (2)  The maximum width of the permitted vehicle must not exceed 13 feet, and 
the permitted vehicle shall not exceed legal] weight, height, or length 
according to Texas Civil Statutes, Article 6701d-11, sec.3 and sec.5. 
   
  (3)  When multiple items are hauled at the same time, the items may not be 
loaded in a manner that creates: 
 
  (A) a width greater than the width of the widest item being hauled; 
   
  (B) a height greater than 14 feet; or 
   
  (C) an overlength load. 
     
  (4) The description of the load may include several different construction and 
maintenance machines, or soil conservation machines, or machines used in the 
timber industry, or implements of husbandry, and an overwidth hauling trailer; 
however, when more than one item is being hauled, the gross weight must not 
exceed the registered gross weight of the vehicle hauling the load. 
   
  (5) When the description of the permitted vehicle is listed as a soil 
conservation machine, then it must be transported on a vehicle licensed with a 
special soil conservation license plate. 
   
  (6) When the description of the permitted vehicle is listed as an overwidth 
trailer, it will be permitted to move empty to and from the job site, or to 
return from the job site to the permittee's place of business with a load that 
is less than the width of the trailer, provided the place of business is located 
on the authorized route stated on the permit, or is within the authorized area 
of travel indicated on the permit. 
     
  (c) Overlength loads. 
 
  (1) An overlength time permit may be issued for the transportation of 
overlength loads or the movement of an overlength self-propelled vehicle. 
   
  (2) The maximum overall length for the permitted vehicle may not exceed 110 
feet. 
   
  (3) The permitted vehicle may not exceed legal weight, height, or width 
according to Texas Civil Statutes, Article 6701d-11, sec.3 and sec.5. 
   
  (4) A permitted vehicle transporting utility poles will be allowed emergency 
night movement for restoring electrical utility service, provided the permitted 
vehicle has a front and a rear escort vehicle. 
   
  (5)  The maximum length for a single permitted vehicle may not exceed 75 feet. 
   
  (6) A permitted vehicle with a load extending more than 20 feet beyond the 
rearmost portion of the load carrying surface must have a rear escort, unless an 
exception is granted by the CPO, based on a route and traffic study. 
   
  (7) A permitted vehicle with a load extending more than 20 feet beyond the 
foremost portion of the permitted vehicle must have a front escort, unless an 
exception is granted by the CPO, based on a route and traffic study. 
   
  (8) A permit will not be issued when the load has more than 25 feet front 
overhang, or more than 30 feet rear overhang, unless an exception is granted by 
the CPO, based on a route and traffic study. 
     
  (d)  Annual permits. 
 
  (1) Implements of husbandry. An annual permit may be issued for an implement 
of husbandry being moved by a dealer in those implements, and for harvesting 
equipment being moved as part of an agricultural operation. 
 
  (A) The fee for the permit is $135, plus the highway maintenance fee specified 
in Texas Civil Statutes, Article 6701a, for an overweight load. 
   
  (B) The time period will be for one year and will start with the "movement to 
begin" date stated on the permit. 
   
  (C) The maximum width may not exceed 16 feet; maximum height may not exceed 16 
feet; maximum length may not exceed 110 feet; and maximum weight may not exceed 
the limits stated in sec.28.11(d) of this title (relating to Permit Issuance 
Requirements and Procedures). 
   
  (D) The permitted vehicle must not travel over a load restricted bridge, or 
through any highway construction or maintenance area, and must travel in the 
outside traffic lane on multi-lane highways, when the width of the load exceeds 
12 feet. 
   
  (E) The permitted vehicle must be registered in accordance with Texas Civil 
Statutes, Article 6675a-1 or Article 6675a-16, for maximum weight as set forth 
by Texas Civil Statutes, Article 6701d-11, sec.5. 
   
  (F) Movement will be during daylight hours only. 
   
  (G) The permitted vehicle must: 
 
  (i)  have a front escort vehicle if the width exceeds 14 feet but does not 
exceed 16 feet when traveling on a two-lane highway, unless an exception is 
granted by the CPO based on a route and traffic study; 
   
  (ii) have a rear escort vehicle if the width exceeds 14 feet but does not 
exceed 16 feet when traveling on a roadway of four or more lanes, unless an 
exception is granted by the CPO based on a route and traffic study; 
   
  (iii) have a front and a rear escort vehicle if the width of the load exceeds 
16 feet, unless an exception is granted by the CPO based on a route and traffic 
study; and 
   
  (iv) not travel on the main lanes of a controlled access highway if the width 
of the load exceeds 16 feet, unless an exception is granted by the CPO based on 
a route and traffic study. 
       
  (2) Power line poles. An annual permit will be issued under Texas Civil 
Statutes, Article 6701d-14, for the movement of poles required for the 
maintenance of electric power transmission and distribution lines. 
 
  (A) The fee for the permit is $120. 
   
  (B) The time period will be for one year and will start with the "movement to 
begin" date stated on the permit. 
   
  (C) The maximum length of the permitted vehicle may not exceed 75 feet. 
   
  (D) The width, height and gross weight of the permitted vehicle may not exceed 
the limits set forth by Texas Civil Statutes, Article 6701d-11, sec.3 and sec.5. 
   
  (E)  The permitted vehicle must not travel over a load restricted highway or 
bridge, and must not travel through any highway construction or maintenance 
area. 
   
  (F) The permitted vehicle must be registered in accordance with Texas Civil 
Statutes, Article 6675a-1 or Article 6675a-16, for maximum weight as set forth 
by Texas Civil Statutes, Article 6701d-11, sec.5. 
   
  (G)  Movement will be between the hours of sunrise and sunset; however, the 
limitation on hours of operation does not apply to a vehicle being operated to 
prevent interruption or impairment of electric service, or to restore electric 
service that has been interrupted. 
   
  (H) The speed of the permitted vehicle may not exceed 50 miles per hour. 
   
  (I) There must at all times be displayed at the extreme rear end of the 
permitted vehicle a red flag or cloth of not less than 12 inches square and so 
hung that the entire area is visible to the driver of a vehicle approaching from 
the rear. 
     
  (3)  Cylindrically shaped bales of hay. An annual permit may be issued under 
Texas Civil Statutes, Article 6701d-11, for the movement of vehicles 
transporting cylindrically shaped bales of hay. 
 
  (A) The permit fee is $10. 
   
  (B) The time period will be for one year, and will start with the "movement to 
begin" date stated on the permit. 
   
  (C) The maximum width of the permitted vehicle may not exceed 144 inches. 
   
  (D) The length, height, and gross weight of the permitted vehicle may not 
exceed the limits set forth by Texas Civil Statutes, Article 6701d-11, sec.3 and 
sec.5. 
   
  (E) The permitted vehicle may travel over all highways including those that 
are load restricted; however, it must not travel over a load restricted bridge 
or through any highway construction or maintenance area. 
   
  (F)  Movement is restricted to daylight hours only. 
   
  (G) The permit will not be transferred from vehicle to vehicle or from owner 
to owner, and will not be amended. 
   
  (H) The permitted vehicle must be registered in accordance with Texas Civil 
Statutes, Article 6675a-1 or Article 6675a-16, for maximum weight as set forth 
by Texas Civil Statutes, Article 6701d-11, sec.5. 
 
         
  sec.28.14. Manufactured Housing, and Industrialized Housing and Building 
Permits. 
 
  (a) General information. 
 
  (1) A manufactured home that exceeds size limits for motor vehicles as defined 
by Texas Civil Statutes, Article 6701d-11, sec.3 and sec.5, must obtain a permit 
from the department. 
   
  (2) Pursuant to Texas Civil Statutes, Article 6701, a permit may be issued to 
persons registered as manufacturers or retailers with the Commissioner of 
Licensing and Regulation, or certified for the transportation of a manufactured 
home by either the Railroad Commission of Texas or the Interstate Commerce 
Commission. 
   
  (3) The department may issue a permit to the owner of a manufactured home 
provided that the ownership of the manufactured home and of the towing vehicle 
is shown to be the same person by the title to the home and to the towing 
vehicle, or that the owner has duly filed a lease pursuant to Texas Civil 
Statutes, Article 6701c-1, showing the owner of the manufactured home to be the 
lessee of the towing vehicle; and to installers registered with the Commissioner 
of Licensing and Regulation for the transportation of a manufactured home over 
routes between points when such transportation would be excluded from regulation 
under Texas Civil Statutes, Article 911b. 
   
  (4) The CPO is closed on Sunday, New Year's Day, Memorial Day, Independence 
Day, Labor Day, Thanksgiving Day, and Christmas Day. 
   
  (5) A manufactured home that exceeds 20 feet overall width, or 16 feet overall 
height, or 110 feet overall length may not be permitted under Texas Civil 
Statutes, Article 6701; however, it may be permitted under Texas Civil Statutes, 
Article 6701a. 
     
  (b) Application for permit. 
 
  (1) The applicant must complete the application and shall list the 
manufactured home's HUD number in the space provided for the manufactured 
housing serial number prior to requesting a permit. 
   
  (2)  An application can be submitted in person at a cash collection office, by 
facsimile to the CPO, or by telephone to the CPO. All applications made by 
telephone are recorded. 
   
  (3) When a permit request is made by telephone, the permit officer will 
request all information in the application for entry into the department's 
computer for record keeping purposes and generation of the permit number. The 
information will be verified and a route will be selected. 
   
  (4) A permit request made by mail or facsimile will be returned to the 
applicant by mail or facsimile. 
     
  (c) Permit issuance. 
 
  (1) Permit issuance is subject to the requirements of sec.28. 11(b)(1)(A) and 
(B), of this title (relating to Permit Issuance Requirements and Procedures). 
   
  (2) The permit may be amended in the case of a breakdown of the towing 
vehicle. 
     
  (d) Payment of permit fee. 
 
  (1)  The cost of the permit is $15.00. 
   
  (2) A permit ordered by telephone must be purchased in accordance with 
sec.28.11(c)(1)(A), (B), and (C) of this title (relating to Permit Issuance 
Requirements and Procedures). 
   
  (3) A permit ordered in person at a cash collection office, or by mail, or by 
facsimile must be purchased in accordance with sec.28.11(c)(1) and (2), of this 
title (relating to Permit Issuance Requirements and Procedures). 
   
  (4) A permit fee will not be refunded after the permit number has been issued; 
however, a refund may be made after permit issuance if it is necessary to 
correct an error made by the permit officer. 
     
  (e) Escrow accounts. A permit applicant may establish an escrow account with 
the department for the specific purpose of paying any fee that is related to the 
issuance of a permit for the transportation of a manufactured home. 
 
  (1) A permit applicant that desires to establish an escrow account shall 
complete and sign an escrow account agreement, and shall return the completed 
and signed agreement to the department with a check in the minimum amount of 
$305, which shall be deposited to the appropriate fund by the department in the 
State Treasury. Five dollars will be charged as an escrow account administrative 
fee and shall be deposited in the state highway fund. 
   
  (2) When the permit applicant's escrow account balance has been reduced to 
$150, the department will generate a balance sheet that will be furnished to the 
holder of the escrow account with instructions to submit a cashier's check or 
money order, payable to the department in the minimum amount of $305, which 
shall be used to replenish the escrow account. 
   
  (3) Upon receipt of the replenishment check, the department will charge $5.00 
as an escrow account administrative fee, and will credit the remainder of the 
check to the balance of the escrow account holder. 
   
  (4) An escrow account holder must submit a written request to the department 
to terminate the escrow account agreement. Any remaining balance will be 
returned to the escrow account holder. 
     
  (f) Permit provisions and conditions. 
 
  (1) The overall combined length of the manufactured home and the towing 
vehicle includes the length of the hitch or towing device. 
   
  (2) The height is measured from the roadbed to the highest elevation of the 
manufactured home. 
   
  (3)  The width of a manufactured home includes any roof or eaves extension or 
overhang on either side. 
   
  (4) A permit will be issued for a single continuous movement not to exceed 
five days. 
   
  (5) Movement must be made during daylight hours only, and may be made on any 
day except New Year's Day, Memorial Day, Independence Day, Labor Day, 
Thanksgiving Day, and Christmas Day. 
   
  (6) The department may limit the hours for travel on certain routes because of 
heavy traffic conditions. 
   
  (7) The department will publish any limitations on movements during the 
national holidays listed in this subsection, or any limitations during certain 
hours of heavy traffic conditions, and will make such publications available to 
the public prior to the limitations becoming effective. 
   
  (8) The permit will contain the route for the transportation of the 
manufactured home from the point of origin, to the point of destination. 
   
  (9) The route for the transportation must be the shortest. distance, including 
divided and interstate systems, except where construction is in progress or 
bridge or overpass width or height would create a safety hazard. 
   
  (10) The department will publish annually a map or list of all bridges or 
overpasses which, due to height or width, require an escort vehicle to stop 
oncoming traffic while the manufactured home crosses the bridge or overpass. 
   
  (11)  A permit is void when an applicant; 
 
  (A) gives false or incorrect information; 
   
  (B) does not comply with the restrictions or conditions stated in the permit; 
or 
   
  (C) changes or alters the information on the applicant's copy of the permit. 
     
  (12) A permittee may not transport a manufactured home with a void permit; a 
new permit must be obtained. 
     
  (g)  Escort requirements. 
 
  (1) A manufactured home exceeding 12 feet in width must have a rotating amber 
beacon of not less than eight inches in diameter mounted somewhere on the roof 
at the rear of the manufactured home, and the towing vehicle must have one 
rotating amber beacon of not less than eight inches in diameter mounted on top 
of the cab. These beacons must be operational during any permitted move over the 
highways, roads, and streets of this state. 
   
  (2) A manufactured home with a width exceeding 16 feet but not exceeding 18 
feet must have a front escort vehicle on two- lane roadways and a rear escort 
vehicle on roadways of four or more lanes. 
   
  (3)  A manufactured home exceeding 18 feet in width must have a front and a 
rear escort on all roadways at all times. 
   
  (4) The escort vehicle must have: 
 
  (A) one red 16 inch square flag mounted on each of the four corners of the 
vehicle; 
   
  (B) a sign mounted on the front and rear of the vehicle displaying the words 
"WIDE LOAD" in black letters at least eight inches high with a brush stroke at 
least 1.41 inches wide against a yellow background; and 
   
  (C) an amber light or lights, visible from both front and rear, mounted on top 
of the vehicle in one of the following configurations: 
 
  (i) two simultaneously flashing lights; or 
   
  (ii) one rotating beacon of not less than eight inches in diameter. 
       
  (5) Two transportable sections of a multi-section manufactured home, or two 
single-section manufactured homes, when towed together in convoy may be 
considered one home for purposes of the escort vehicle requirements, provided 
the distance between the two units does not exceed 1,000 feet. 
 
       
  sec.28.15. Portable Building Permits. 
 
  (a) General information. 
 
  (1) A vehicle or vehicle combination transporting one or more portable 
buildings that exceed legal length or width limits set forth by Texas Civil 
Statutes, Article 6701d-11,  s3, may obtain a permit under Texas Civil Statutes, 
Article 6701a-2. 
   
  (2) A vehicle or vehicle combination transporting one or more portable 
buildings that exceed height or weight limits set forth by Texas Civil Statutes, 
Article 6701d-11, sec.3 and sec.5, or exceed 16 feet in width or 80 feet in 
overall length will not be permitted under Texas Civil Statutes, Article 6701a-
2; but may be permitted under provisions of Texas Civil Statutes, Article 670la. 
   
  (3) The CPO is closed on Sunday, New Year's Day, Memorial Day, Independence 
Day, Labor Day, Thanksgiving Day, and Christmas Day. 
     
  (b) Application for permit. 
 
  (1) The applicant must complete the application and comply with the designated 
methods of payment in sec.28.11(c) of this title (relating to Permit Issuance 
Requirements and Procedures) prior to requesting a permit. 
   
  (2)  An application can be made by telephone to the CPO. All applications made 
by telephone are recorded. 
   
  (3) The permit officer will request all information in the application for 
entry into the department's computer for record keeping purposes and generation 
of the permit number. The information will be verified and a route will be 
selected. 
   
  (4) An application may be made in person at a cash collection office, or 
submitted by facsimile or mail to the CPO. 
   
  (5) A permit request made by mail or facsimile will be returned to the 
applicant by mail or facsimile. 
     
  (c) Permit issuance. 
 
  (1) Permit issuance is subject the requirements of  s28. 11(b)(1)(A) and (B) 
of this title (relating to Permit Issuance Requirements and Procedures). 
   
  (2) The permit may be amended in the case of a breakdown of the towing 
vehicle. 
     
  (d) Payment of permit fee. 
 
  (1)  The cost of the permit is $7.50. 
   
  (2) A permit ordered by telephone must be purchased in accordance with 
sec.28.11(c)(1)(A), (B), and (C) of this title (relating to Permit Issuance 
Requirements and Procedures). 
   
  (3) A permit ordered in person at a cash collection office, or ordered by mail 
or by facsimile must be purchased in accordance with sec.28.11(c)(1) and (2) of 
this title (relating to Permit Issuance Requirements and Procedures) . 
   
  (4) A permit fee will not be refunded after the permit number has been issued; 
however, a refund may be made after permit issuance if it is necessary to 
correct an error made by the permit officer. 
     
  (e) Escrow accounts. A permit applicant may establish an escrow account with 
the department for the specific purpose of paying any fee that is related to the 
issuance of a permit for the transportation of a portable building. 
 
  (1)  A permit applicant that desires to establish an escrow account shall 
complete and sign an escrow account agreement, and shall return the completed 
and signed agreement to the department with a check in the minimum amount of 
$305, which shall be deposited to the appropriate fund by the department in the 
State Treasury. Five dollars will be charged as an escrow account administrative 
fee and shall be deposited in the state highway fund. 
   
  (2)  When the permit applicant's escrow account balance has been reduced to 
$150, the department will generate a balance sheet that will be furnished to the 
holder of the escrow account with instructions to submit a cashier's check or 
money order, payable to the department in the minimum amount of $305, which 
shall be used to replenish the escrow account. 
   
  (3) Upon receipt of the replenishment check, the department will charge $5.00 
as an escrow account administrative fee, and will credit the remainder of the 
check to the balance of the escrow account holder. 
   
  (4) An escrow account holder must submit a written request to the department 
to terminate the escrow account agreement. Any remaining balance will be 
returned to the escrow account holder. 
     
  (f) Permit provisions and conditions. 
 
  (1) A portable building may only be issued a single-trip permit. 
   
  (2) Portable buildings may be loaded end-to-end to create an overlength permit 
load, provided the overall length does not exceed 80 feet. 
   
  (3) Portable buildings must not be loaded side-by-side to create an overwidth 
load, or loaded one on top of another to create an overheight load. 
   
  (4) A portable building or portable buildings must be loaded in a manner that 
will create the narrowest width for permit purposes and provide for greater 
safety to the traveling public. 
   
  (5) The permit will be issued for a single continuous movement from the origin 
to the destination for an amount of time necessary to make the move, not to 
exceed 10 consecutive days. 
   
  (6)  Movement of the permitted vehicle must be made during daylight hours 
only. 
   
  (7) A permitted vehicle must be routed over the most direct route, taking into 
consideration the size and weight of the permitted vehicle in relation to 
vertical clearances, width restrictions, weak or load restricted bridges, the 
geometrics of the roadway, sections of highways restricted due to construction 
or maintenance, and weather conditions. 
   
  (8) A permit applicant desiring a route other than the most direct, must 
obtain a permit for each segment. 
   
  (9) A permit is void when an applicant: 
 
  (A)  gives false or incorrect information; 
   
  (B) does not comply with the restrictions or conditions stated in the permit; 
or 
   
  (C) changes or alters the information on the applicant's copy of the permit. 
     
  (10)  A permittee may not transport a portable building with a void permit; a 
new permit must be obtained. 
     
  (g) Escort requirements. An escort vehicle must comply with the requirements 
in sec.28.11(e) of this title (relating to Permit Issuance Requirements and 
Procedures). 
 
     
  sec.28.16. Permits for Military and Governmental Agencies. 
 
  (a)  The movement of an overdimension load on vehicles registered to the 
military or governmental agencies must obtain a routing permit from the CPO, and 
there will not be a charge for the routing. 
   
  (b) The overdimension load must be moved on military or governmental vehicles 
that are licensed with either federal or state exempt license plates. 
   
  (c) The size and weight measurements of the overdimension load must not exceed 
the permit size and weight limits stated in sec.28.11(d) of this title (relating 
to Permit Issuance Requirements and Procedures), and sec.28.12(f) of this title 
(relating to Permit Issuance Requirements and Procedures), unless specific 
permission is granted by the CPO upon request of an authorized representative of 
the military or a governmental agency. 
   
  (d) A surety bond is not required for an overdimension governmental or 
military load hauled on governmental and military vehicles. 
   
  (e) The movement of an overdimension military or governmental load transported 
on vehicles not licensed with federal or state exempt license plates must obtain 
a permit, and must comply with sec.28.11 of this title (relating to Permit 
Issuance Requirements and Procedures), and sec.28.12 of this title (relating to 
Single-Trip Permits Issued Under Texas Civil Statutes, Article 6701a). 
 
  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 May 9, 1994. 
 TRD-9440547 
  Diane L. Northam 
 Legal Executive Assistant 
 Texas Department of Transportation 
    Earliest possible date of adoption: June 13, 1994 
 For further information, please call: (512) 463-8630 
         
             
  Subchapter C. Permits for Over Axle and Over Gross Weight Tolerances 
 
  43 TAC sec.28.30 
 
  The Texas Department of Transportation proposes new sec.28.30, concerning 
Permits for Over Axle and Over Gross Weight Tolerances. This new section 
replaces existing sec.25.81, which is being contemporaneously repealed. In order 
to provide greater safety to the general traveling public and the permit 
applicant through more uniform regulation and control of oversize and overweight 
permit loads, it is necessary to clarify the department's authority, policies, 
and procedures concerning the issuance of permits for the movement of oversize 
and overweight vehicles and loads. 
 Section 28.30, concerning Permits for Over Axle and Over Gross Weight 
Tolerances, describes the Texas Transportation Commission's authority and 
procedures for issuing annual permits for the movement of vehicles that exceed 
the legal axle weight limit by a tolerance of 10% and the legal gross weight 
limit by a tolerance of 5%. Section 28.30 incorporates the subject matter of the 
repealed section in an amended form to provide for minor wording changes and 
rephrasing for clarity, continuity, and style. 
 Bert A. Lundell, director, Central Permit Office, has determined that for the 
first five-year period the section is in effect there will be no fiscal 
implications for state or local governments as a result of enforcing or 
administering this section. 
 Mr. Lundell has certified that there will be no significant impact on local 
economies or overall employment as a result of enforcing or administering this 
section. 
 Mr. Lundell also has determined that for each year of the first five years the 
section as proposed is in effect the public benefits anticipated as a result of 
enforcing and administering the section as proposed will be to provide for 
improved permit compliance as a result of minor wording changes and rephrasing 
for clarity, continuity, and style. 
 Comments on the proposal may be submitted to Bert A. Lundell, Director, Central 
Permit Office, 125 East 11th Street, Austin, Texas 78701-2483. The deadline for 
receipt of comments will be 5:00 p.m. on June 14, 1994. 
 Pursuant to the Administrative Procedure Act, the Government Code, Chapter 
2001, the Texas Department of Transportation will conduct a public hearing to 
receive comments concerning the proposed new section. The public hearing will be 
held at 9:00 a.m. on Thursday, May 26, 1994, in Room 101, Building 200, 200 East 
Riverside Drive, Austin, Texas, and will be conducted in accordance with the 
procedures specified in 43 TAC sec.1.5. Any interested person may appear and 
offer comments, either orally or in writing; however, questioning of those 
making presentations will be reserved exclusively to the presiding officer as 
may be necessary to ensure a complete record. While any person with pertinent 
comments will be granted an opportunity to present them during the course of the 
hearing, the presiding officer reserves the right to restrict testimony in terms 
of time and repetitive content. Organizations, associations, or groups are 
encouraged to present their commonly held views and identical or similar 
comments through a representative member where possible. Comments on the 
proposed text should include appropriate citations to sections, subsections, 
paragraphs, etc., for proper reference. Any suggestions or requests for 
alternative language or other revisions in the proposed text should be submitted 
in written form. Presentations must remain pertinent to the issue being 
discussed. A person may not assign a portion of his or her time to another 
speaker. A person who disrupts a public hearing must leave the hearing room if 
ordered to do so by the presiding officer. Persons with disabilities who have 
special communication or accommodation needs and who plan to attend the hearings 
may contact Eloise Lundgren, Director of the Public Information Office, at 125 
East 11th Street, Austin, Texas 78701-2483, (512) 463-8588. 
 The section is proposed under Texas Civil Statutes, Article 6666, which provide 
the Texas Transportation Commission with the authority to establish rules for 
the conduct of the work of the Texas Department of Transportation, and more 
specifically by Texas Civil Statutes, Article 6701d-11, sec.5B, which authorize 
the commission to issue annual permits for the movement of vehicles that exceed 
the legal axle weight limit by a tolerance of 10% and the legal gross weight 
limit by a tolerance of 5%. 
 
 
  sec.28.30. Permit for Over Axle and Over Gross Weight Tolerances. 
 
  (a) Purpose. In accordance with Texas Civil Statutes, Article 6701d-11, 
sec.5B, the department is authorized under certain conditions to issue an annual 
permit for the operation of a vehicle within certain tolerances above legal axle 
and gross weight limits, as provided in Texas Civil Statutes, Article 6701d-11, 
sec.5. The sections under this subchapter set forth the requirements and 
procedures to be used in issuing an annual permit. 
   
  (b)  Scope. An applicant that desires to operate a vehicle that exceeds the 
legal axle weight by a tolerance of 10% and the legal gross weight by a 
tolerance of 5.0% on any county road and on any road in the state highway 
system, excluding the national system of interstate and defense highways, must 
obtain a permit issued under Texas Civil Statutes, Article 6701d-11, sec.5B. 
These tolerance allowances shall also apply to any vehicle operated on a road 
subject to Texas Civil Statutes, Article 6701d-11, sec.5 1/2; however, operation 
of permitted vehicles over load zoned bridges will be limited to 5. 0% over the 
posted limits. 
   
  (c) Eligibility. To be eligible for a permit under this section, a vehicle 
must be registered under Texas Civil Statutes, Article 6675a-1, for the maximum 
gross weight applicable to the vehicle under Texas Civil Statutes, Article 
6701d-11, sec.5, not to exceed 80, 000 pounds in total gross weight. 
   
  (d) Security. 
 
  (1) Before a permit may be issued under this section, an applicant, other than 
an applicant who intends to operate a vehicle that is loaded with timber or pulp 
wood, wood chips, cotton, or agricultural products in their natural state, must 
have on file with the department one of the following forms of security in the 
amount of $15,000, conditioned that payment will be made to the department for 
any damages to the state highway system and to any county for damages to a road 
or bridge of such county caused by the operation of any vehicle for which a 
permit is issued under this section and which has an axle weight or gross weight 
that exceeds the weights authorized in Texas Civil Statutes, Article 6701d-11, 
sec.5 and sec.5 1/2: 
 
  (A) an irrevocable letter of credit issued by a financial institution which 
deposits are guaranteed by the Federal Deposit Insurance Corporation; or 
   
  (B) a blanket bond. 
     
  (2)  The department may reject a bond which it determines will not provide the 
intended security. 
   
  (3) If payment is made by the issuer in respect of the bond or letter of 
credit and the applicant does not file with the department a replacement bond or 
letter of credit in the full amount of $15, 000, or a notification from the 
issuer of the existing bond or letter of credit that the existing bond or letter 
of credit has been restored to the full $15,000, within 30 days after the date 
of such payment, all permits held by the applicant under this section shall 
automatically expire on the 3lst day after such date. 
     
  (e) Application for permit. 
 
  (1) A person who desires to permit a vehicle as provided in this section, must 
submit a written application to the CPO. 
   
  (2) The application shall be in the form prescribed by the CPO and shall 
contain the following: 
 
  (A) name and address of the applicant; 
   
  (B) name of contact person and telephone number; 
   
  (C) vehicle information; and 
   
  (D)  description of commodities to be transported. 
     
  (3) The application shall be accompanied by the following documents or 
information: 
 
  (A) a copy of the current registration receipt of the power unit showing that 
the vehicle is currently registered for the maximum amount allowable for such 
vehicle; 
   
  (B) a list of counties in which the vehicle will be operated; 
   
  (C) a nonrefundable fee of $75 in the form of a cashier's check or money order 
made payable to the State Highway Fund; and 
   
  (D) an original bond or letter of credit as required in subsection (d) of this 
section, unless previously filed by the applicant. 
       
  (f) Issuance of permit. 
 
  (1) A permit will be issued on the approval of the application and will be 
mailed to the applicant at the address contained in the application. 
   
  (2) The permit shall be carried in the vehicle at all times. 
   
  (3)  Within 14 days of receipt of the permit, the applicant shall notify by 
certified or registered mail, return receipt requested, the county clerk of each 
county if the vehicle will be operated on any county road in that county, and 
such notification shall contain or be accompanied by the following minimum 
information: 
 
  (A) a copy of the application as required in subsection (e) of this section; 
   
  (B) a copy of the bond or letter of credit as required in subsection (d) of 
this section; 
   
  (C) a copy of the registration receipt for the vehicle; and 
   
  (D) a copy of the permit issued under this subsection. 
       
  (g) Transfer of permit. Upon written application on a form prescribed by the 
CPO, a permit may be transferred to another eligible vehicle for the remaining 
permit period without additional charges on condition that: 
 
  (1) the vehicle for which a permit has been issued will be out of service for 
more than 30 days for mechanical failure; or 
   
  (2) such vehicle is sold or its lease has terminated. 
     
  (h) Exceptions. A vehicle carrying timber, wood chips, wood pulp, cotton, or 
other agricultural products in their natural state, may be allowed to exceed the 
maximum allowable axle weight by 12% without a permit; however, if such vehicle 
exceeds the maximum allowable gross weight by an amount of up to 5.0%, a permit 
issued in accordance with this section will be required. 
   
  (i) Semi-trailer registration. Texas Civil Statutes, Article 6675-6 1/2, 
provides that the owner of a semi-trailer registered with either a Texas token 
trailer license plate or a Texas apportioned trailer license plate operated in 
combination with a permitted vehicle, shall pay a $15 fee to the county where 
the semi-trailer is registered, and the receipt for the additional registration 
shall be attached to the annual permit. 
   
  (j)  Lapse or termination of permit. A permit shall lapse or terminate: 
 
  (1) if a new permit application is not submitted to the CPO a minimum of 30 
days prior to the original expiration date; 
   
  (2) on the sale of the vehicle for which the permit was issued; 
   
  (3) on the sale, takeover, or dissolution of the firm, partnership, or 
corporation to which a permit was issued; or 
   
  (4) if the applicant does not replenish the letter of credit or bond as 
required in subsection (d) of this section. 
     
  (k) Void permit. A permit is void when an applicant: 
 
  (1)  gives false or incorrect information; 
   
  (2) does not comply with the restrictions or conditions stated in the permit; 
or 
   
  (3) changes or alters the information in the applicant's copy of the permit. 
     
  (l)  Movement with void permit. A permittee may not operate a permitted 
vehicle with a void permit; a new permit must be obtained. 
 
  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 May 9, 1994. 
 TRD-9440548 
  Diane L. Northam 
 Legal Executive Assistant 
 Texas Department of Transportation 
    Earliest possible date of adoption: June 13, 1994 
 For further information, please call: (512) 463-8630 
         27> 
             
  Subchapter D. Permits for Oversize and Overweight Oil Well Related Vehicles 
 
  43 TAC sec.sec.28.40-28.47 
 
  The Texas Department of Transportation proposes new sec. s28.40-28.47, 
concerning Permits for Oversize and Overweight Oil Well-Related Vehicles. These 
new sections replace existing sec.sec.25.90- 25.98, which are being 
contemporaneously repealed. In order to comply with the Government Code, Chapter 
2106, which requires a state agency to set fees at amounts sufficient to recover 
the indirect costs of that agency, and to provide greater safety to the general 
traveling public and the permit applicant through more uniform regulation and 
control of oversize and overweight permit loads, it is necessary to clarify the 
department's authority, policies, and procedures concerning the issuance of 
permits for the movement of oversize and overweight vehicles and loads. 
 Section 28.40, concerning Purpose, describes the Texas Transportation 
Commission's authority to issue permits for the movement of oversize and 
overweight oil well clean-out, drilling, servicing, or swabbing units, when such 
units exceed legal size and weight limits. 
 Section 28.41, concerning Application for Permit, provides procedures for 
applying for single-trip, time, and annual permits for the movement of an 
oversize and overweight oil well unit; provides for permit issuance and renewal 
of time permits; and sets forth methods of payment of permit fees. 
 Section 28.42, concerning Permit Qualifications and Requirements, establishes 
eligibility requirements for single-trip, time and annual permits; provides that 
permits cannot be transferred from one owner to another owner, or from one unit 
to another unit; and establishes conditions that cause a permit to be void. 
 Section 28.43, concerning Registration Requirements, provides for specific 
types of registration for these units. 
 Section 28.44, concerning Maximum Permit Weight Limits, provides specific 
formulas for determining: maximum weight limits for axles and groups of axles; 
eligibility for a single-trip or time permit; and the identity of specific 
bridges on the proposed route that must be analyzed prior to permit issuance. 
 Section 28.45, concerning Permit Fee Calculations, provides specific formulas 
for calculating single-trip and time permit fees; describes the procedures for 
using hubometer mileage, highway use factor, and total rate per mile; 
establishes minimum fees for single-trip and time permits; establishes method of 
calculating permit fee for a unit with closely spaced axle groups; and 
establishes conditions for applying a registration reduction to the permit fee. 
 Section 28.46, concerning Permit Movement Conditions, establishes conditions 
regulating permit movement based on time of day and size of unit; establishes 
escort requirements; and establishes movement routes. 
 Section 28.47, concerning Permits for Vehicles Transporting Liquid Products 
Related to Oil Well Production, establishes specific types of vehicle that can 
obtain permit; provides procedures for applying for permits; sets forth permit 
qualifications and requirements; establishes permit fees; and provides for 
permit movement conditions. 
 Bert A. Lundell, director, Central Permit Office, has determined that for the 
first five-year period the sections are in effect there will be fiscal 
implications to the state as a result of enforcing or administering the 
sections. It is estimated that revenues will increase by approximately $17,675 
for Fiscal Year 1994, which will result from the collection of the department's 
indirect cost share for administering these permits. It is estimated that 
revenues will increase by approximately $70,700 each year for Fiscal Years 1995-
1998. There is no anticipated fiscal implication to local governments. 
 Mr. Lundell has certified that there will be no significant impact on local 
economies or overall employment as a result of enforcing or administering the 
sections. 
 Mr. Lundell also has determined that for each year of the first five years the 
sections as proposed are in effect the public benefits anticipated as a result 
of enforcing and administering the sections as proposed will be to: comply with 
Government Code, Chapter 2106; provide greater protection to the integrity of 
the highway infrastructure; provide increased safety to the traveling public and 
the permittee by decreasing hazards from the movement of oversize loads; 
increase productivity of the trucking industry, thereby aiding the state's 
economy; provide for minor wording changes; and provide for clarity, continuity, 
and style. 
 Comments on the proposal may be submitted to Bert A. Lundell, Director, Central 
Permit Office, 125 East 11th Street, Austin, Texas 78701-2483. The deadline for 
receipt of comments will be 5:00 p.m. on June 14, 1994. 
 Pursuant to the Administrative Procedure Act, the Government Code, Chapter 
2001, the Texas Department of Transportation will conduct a public hearing to 
receive comments concerning the proposed new sections. The public hearing will 
be held at 9:00 a.m. on Thursday, May 26, 1994, in Room 101, Building 200, 200 
East Riverside Drive, Austin, Texas, and will be conducted in accordance with 
the procedures specified in 43 TAC sec.1.5. Any interested person may appear and 
offer comments, either orally or in writing; however, questioning of those 
making presentations will be reserved exclusively to the presiding officer as 
may be necessary to ensure a complete record. While any person with pertinent 
comments will be granted an opportunity to present them during the course of the 
hearing, the presiding officer reserves the right to restrict testimony in terms 
of time and repetitive content. Organizations, associations, or groups are 
encouraged to present their commonly held views and identical or similar 
comments through a representative member where possible. Comments on the 
proposed text should include appropriate citations to sections, subsections, 
paragraphs, etc., for proper reference. Any suggestions or requests for 
alternative language or other revisions in the proposed text should be submitted 
in written form. Presentations must remain pertinent to the issue being 
discussed. A person may not assign a portion of his or her time to another 
speaker. A person who disrupts a public hearing must leave the hearing room if 
ordered to do so by the presiding officer. Persons with disabilities who have 
special communication or accommodation needs and who plan to attend the hearings 
may contact Eloise Lundgren, Director of the Public Information Office, at 125 
East 11th Street, Austin, Texas 78701-2483, (512) 463-8588. 
 The sections are proposed under Texas Civil Statutes, Article 6666, which 
provide the Texas Transportation Commission with the authority to establish 
rules for the conduct of the work of the Texas Department of Transportation, and 
more specifically by Texas Civil Statutes, Article 6701d-16, which authorize the 
commission to formulate and adopt rules and fees governing the issuance of 
oversize and overweight permits for the movement of certain oil well-related 
vehicles. 
 
 
  sec.28.40. Purpose.  In accordance with Texas Civil Statutes, Article 6701d-
16, the department may issue a permit for the operation of an oil well clean-
out, drilling, servicing, or swabbing unit, which is a piece of fixed-load 
mobile machinery or equipment used for the purpose of cleaning out, drilling, 
servicing or swabbing oil wells, when the unit cannot comply with one or more of 
the restrictions set out in Texas Civil Statutes, Article 6701d-11, sec.3 and 
sec.5. The following sections in this subchapter set forth the requirements and 
procedures applicable to those permits. 
 
   
  sec.28.41. Application for Permit. 
 
  (a) General information. The CPO is closed on Sunday, New Year's Day, Memorial 
Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. 
   
  (b)  Application for initial time permit. 
 
  (1) The applicant for an initial time permit must call the CPO, and advise the 
permit officer of the unit's make and model, vehicle identification number, 
license number, the size and weight dimensions, and specify which districts will 
comprise the area of travel. 
   
  (2) The CPO will verify unit information and number of districts in permit 
route, calculate permit fee, and advise the applicant of the permit fee. 
   
  (3)  The applicant, upon notification of permit cost, may mail the permit fee, 
which must be a cashier's check or a money order, to the CPO, or may pay the 
permit fee at a cash collection office with a cashier's check, money order, or 
cash. 
     
  (c) Issuance of initial time permit. 
 
  (1) When payment of the permit fee is made at a cash collection office, the 
CPO will fax the permit to the cash collection office, upon verification from 
the cash collection office that the permit fee has been collected, and will mail 
the permit and a renewal application form to the applicant. 
   
  (2) When payment of the permit fee is made by mail or credit card, the CPO 
will fax a copy of the permit to the applicant's office, and will mail the 
permit and a renewal application form to the applicant. 
     
  (d) Application for renewal of time permit. 
 
  (1) The applicant must complete and mail a renewal application form for each 
permit that is to be renewed or closed out to the CPO. 
   
  (2) The renewal application form must be submitted not more than 14 days prior 
to the expiration date of the original permit. 
   
  (3) The CPO will: 
 
  (A) verify unit information and number of districts in permit route; 
   
  (B) check mileage traveled on last permit; 
   
  (C) calculate new permit fee; and 
   
  (D) advise applicant of permit fee. 
     
  (4) An applicant with two or more permits that expire on the same day must 
renew each permit that is expiring or closeout each permit that is not being 
renewed. 
     
  (e)  Issuance of renewed time permit. 
 
  (1) An applicant may mail the permit fee, which must be a cashier's check or 
money order to the CPO. The CPO will mail the permit and a renewal application 
form to the applicant upon receipt of the permit fee. 
   
  (2) When payment of the permit fee is made with a credit card, the CPO will 
mail the permit and a renewal application form to the applicant. 
     
  (f) Application for single-trip permit. 
 
  (1) The applicant must complete the application and call the CPO or submit the 
application by facsimile to the CPO. 
   
  (2) The CPO will: 
 
  (A) review and verify unit size and weight information; 
   
  (B)  check route and mileage to be traveled; 
   
  (C) compute the permit fee; and 
   
  (D) advise applicant of the permit fee. 
     
  (3) An applicant may purchase the permit with a credit card, a cashier's 
check, a money order, or cash. 
 
  (A) When payment of the permit fee is made with a credit card, the applicant 
must advise the permit officer of the credit card number and the expiration date 
of the card. 
   
  (B) When payment of the permit fee is made with a cashier's check, a money 
order, or cash, the applicant must deliver the fee to a cash collection office. 
       
  (g)  Issuance of single-trip permit. 
 
  (1) When payment of the permit fee is made by credit card, the CPO will advise 
the applicant of the permit number, and if requested by the applicant, will fax 
a copy of the permit to the applicant's office. 
   
  (2) When payment of the permit fee is made by cashier's check, money order, or 
cash, the CPO will issue the permit number to the applicant after verification 
has been made that the permit fee was delivered to the cash collection office. 
     
  (h) Application for annual permit for oil field rig-up truck. The applicant 
must submit the application by mail to the CPO, specifying which districts will 
comprise the area of travel, and must submit the permit fee, which must be a 
cashier's check or a money order. 
   
  (i) Issuance of annual permit for oil field rig-up truck. The CPO will check 
and verify the information in the application, and will mail the permit to the 
applicant. 
 
     
  sec.28.42. Permit Qualifications and Requirements. 
 
  (a) Texas Civil Statutes, Article 6701d-16, provide an optional procedure for 
the issuance of a permit for the movement of an oversize and/or overweight oil 
well servicing unit, when such equipment cannot comply with one or more of the 
restrictions set out in Texas Civil Statutes, Article 6701d-11, sec.3 and sec.5. 
   
  (b) The department may, as an alternative to any other procedure authorized by 
law, upon application, issue a permit for the movement of a unit, when the 
department is of the opinion that the unit may be moved without material damage 
to the state highway system or serious inconvenience to highway traffic. 
   
  (c) A unit, permitted under Texas Civil Statutes, Article 6701d-16, is 
eligible for: 
 
  (1) permit weight limits above those established by  s28.11(d)(2) of this 
title (relating to Permit Issuance Requirements and Procedures); 
   
  (2) a single-trip permit; 
   
  (3)  a time permit; 
   
  (4) an annual permit; 
   
  (5) travel on load restricted roads; and 
   
  (6) must not cross any load restricted bridge. 
     
  (d) The issuance of a permit for an oversize and/or overweight unit is not a 
guarantee by the department that the highways can safely accommodate such 
movement. The owner of a unit is strictly liable for any damage caused to the 
state highway system or any of its structures or appurtenances by movement of 
the unit, whether the unit is permitted or not. 
   
  (e) A permit may not be transferred from one unit to another unit or from one 
owner to another owner. 
   
  (f) A unit permitted under this section must keep the permit and any 
attachments to the permit in the unit until the day after the date the permit 
expires. 
   
  (g) A permit is void when an applicant; 
 
  (1)  gives false or incorrect information; 
   
  (2) does not comply with the restrictions or conditions stated in the permit; 
or 
   
  (3) changes or alters the information on the applicant's copy of the permit. 
     
  (h)  A permittee may not transport an oversize and/or overweight unit with a 
void permit; a new permit must be obtained. 
   
  (i) A single-trip permit may be amended to extend the time period, if weather 
conditions or mechanical breakdown cause the movement to be delayed. 
   
  (j) A time permit will be issued in accordance with the following provisions. 
 
  (1) The unit must not exceed any of the following dimensions: 
 
  (A) 12 feet in width; 
   
  (B) 14 feet, 6 inches in height; or 
   
  (C) 95 feet in length. 
     
  (2) The applicant may designate not more than 12 districts, which will make up 
the permit travel area. 
   
  (3) The CPO will list the designated districts on the permit, and attach a map 
indicating the districts. 
   
  (4)  The permit may be amended only to indicate: 
 
  (A) a new hubometer serial number; 
   
  (B) a new license plate number; or 
   
  (C) the addition and deletion of designated districts, provided the number of 
districts does not exceed a total of 12. 
       
  (k) An annual permit for an oil field rig-up truck will be issued in 
accordance with the following provisions. 
 
  (1)  The vehicle must not exceed: 
 
  (A) legal height or length limits, as provided in Texas Civil Statutes, 
Article 6701d-11, sec.3; 
   
  (B) 850 pounds per inch of tire width on the front axle; 
   
  (C) 25,000 pounds on the front axle; or 
   
  (D) legal weight on all other axles. 
     
  (2)  The applicant may designate to the CPO as many as 12 districts for which 
the permit will be valid. 
   
  (3) The CPO will list, on the permit, the designated districts for which the 
permit is valid and attach a map indicating said districts. 
   
  (4) The permit may not be amended. 
   
  (5) The vehicle may not pull a trailer. 
   
  (6) The vehicle may not cross any load-restricted bridge, or travel through 
any highway construction or maintenance area. 
 
       
  sec.28.43. Registration Requirements. 
 
  (a) A unit must be licensed with one of the following: 
 
  (1) a permit plate; 
   
  (2)  a 72-hour or 144-hour temporary registration; or 
   
  (3) a truck license as specified in Texas Civil Statutes, Article 6675a. 
     
  (b) A trailer-mounted unit must be towed by a truck-tractor licensed in 
accordance with Texas Civil Statutes, Article 6675a. 
   
  (c) An oil field rig-up truck, operating under an annual permit, must be 
licensed in accordance with Texas Civil Statutes, Article 6675a. 
 
     
  sec.28.44. Maximum Permit Weight Limits. 
 
  (a) The maximum permit weight for any single axle, not connected to another 
axle by a weight equalizing suspension system, must not exceed 30,000 pounds or 
850 pounds per inch of tire width, whichever is less. 
   
  (b) The maximum permit weight for any group of axles on a unit will be 
determined by calculating the "W" weight for the group, using the formulas in 
Appendix B, "Maximum Permit Weight Formulas", as shown in subsection (g) of this 
section, and comparing the calculated "W" weight with the corresponding "W" 
weight that is established in Appendix A, "Maximum Permit Weight Table", as 
shown in subsection (g) of this section. 
   
  (c) The maximum permit weight per inch of tire width for axles that are 
steerable must not exceed 950 pounds, and the maximum permit weight per inch of 
tire width for axles that are not steerable must not exceed 850 pounds. 
   
  (d) A unit that does not have any group of axles that exceeds the limits 
established in Appendix A, "Maximum Permit Weight Table", and Appendix B, 
"Maximum Permit Weight Formulas", as shown in subsection (g) of this section, 
will be permitted with a single-trip or time permit for travel on any route that 
does not include a load restricted bridge. 
   
  (e)  A unit that has any group of axles that exceeds the limits established by 
Appendix A, "Maximum Permit Weight Table," and Appendix B, "Maximum Permit 
Weight Formulas," as shown in subsection (g) of this section, will be eligible, 
on an individual case by case basis, for a single-trip permit only; permit 
approval or denial will be based on a detailed route study and an analysis of 
each bridge on the proposed travel route to determine if the route and bridges 
are capable of sustaining the movement. 
   
  (f) A bridge that has been analyzed and determined to be incapable of 
sustaining the unit will be excluded from the permit route . 
   
  (g) The table entitled, "Maximum Permit Weight Table," is Appendix A, and the 
list of formulas entitled, "Maximum Permit Weight Formulas," is Appendix B. The 
indicated appendices are shown as follows. 
 
  
   
  
   
  [graphic] 
         
  
  sec.28.45. Permit Fee Calculations. 
 
  (a) Permit fee formulas. 
 
  (1) The permit fee for a time permit is calculated by the following formula: 
 
  [graphic] 
   
  (2) The permit fee for a single-trip permit is calculated by the following 
formula: 
 
  [graphic] 
     
  (b) Hubometer mileage. 
 
  (1) A unit operated with a time permit must be equipped with a hubometer. The 
permittee must maintain the hubometer in good working condition. 
   
  (2) Mileage for a time permit is determined by an amount estimated by the 
applicant for the first time permit, or from the unit's hubometer mileage 
reading from the previous time permit. 
   
  (3) Actual mileage to be traveled is used to calculate the permit fee for a 
single-trip permit. 
     
  (c) Highway use factor. 
 
  (1) The highway use factor for a time permit is 0.3. 
   
  (2) The highway use factor for a single-trip permit is 0.6. 
     
  (d) Total rate per mile. 
 
  (1) The total rate per mile is the combined mileage rates for width, height, 
and weight for the unit. Texas Department of Transportation Page 13 of 19 
Oversize and overweight Vehicles and Loads 
   
  (2) The mileage rate for width is $0.06 per mile for each foot (or fraction 
thereof) above legal width. 
   
  (3) The mileage rate for height is $0.04 per mile for each foot (or fraction 
thereof) above legal height. 
   
  (4) The mileage rate for a single axle or any axle within a group that exceeds 
20,000 pounds, but is less than or equal to 25,000 pounds, is calculated by 
multiplying $0.045 times the amount by which the axle or axle group weight 
exceeds the legal weight for the axle or axle group and dividing the resultant 
figure by 1000 pounds. 
   
  (5) The mileage rate for a single axle or any axle within a group that exceeds 
25,000 pounds, but is less than or equal to 30,000 pounds, is calculated by 
multiplying $0.055 times the amount by which the axle or axle group weight 
exceeds the legal weight for the axle or axle group and dividing the resultant 
figure by 1,000 pounds. 
     
  (e) Permit fees. 
 
  (1)  The minimum fee for a single-trip permit or time permit is either the 
calculated permit fee or $31, whichever is the greater amount. 
   
  (2)  The annual permit fee for an oil field rig-up truck is $52. 
   
  (3) A unit that is overlength only must obtain a time permit with a fee of 
$31, and is not required to have a hubometer. 
   
  (4) A unit that does not exceed legal size and weight limits and is licensed 
with a permit plate must purchase an annual permit with a permit fee of $52 per 
axle. The unit is not required to have a hubometer. 
   
  (5) An applicant using a credit card to purchase a permit will pay a service 
charge of $1.00 in addition to the permit fee. 
   
  (6) The permit fee for a trailer mounted unit is based on the overall width, 
overall height, and all axle weights, including the truck-tractor axles. 
   
  (7) A unit with two or more axle groups that does not have a spacing of at 
least 12 feet between the closest axles of the opposing groups must have the 
permit fee calculated by the following method. 
 
  (A) The axle group with the lowest weight will have the axle closest to the 
next axle group temporarily disregarded from its group in order to create a 
spacing of at least 12 feet between the two groups for fee calculation purposes. 
   
  (B)  An axle group will not have more than one axle disregarded. 
   
  (C)  The permit fee for the axle group with the temporarily disregarded axle 
must be based on the actual weight of the entire axle group minus the legal 
weight for the remaining axles of the group. 
     
  (8) The CPO will calculate the renewed time permit fee in the following 
method. 
 
  (A) An applicant requesting a permit for a unit that has traveled in excess of 
the mileage stated in the previous time permit must pay for the excess mileage 
traveled, in addition to the fee for the renewed time permit. 
   
  (B) An applicant requesting a permit for a unit that has traveled less than 
the mileage stated on the previous time permit will receive a credit on the 
purchase price of the renewed time permit for that unit or another unit. 
     
  (9) A refund is made to the applicant when the time permit process is stopped 
for all units listed in the applicant's account, provided the amount of the 
refund exceeds $31. 
     
  (f) Registration reduction. 
 
  (1) A unit licensed for maximum legal weight will receive a reduction of 25% 
in the computation of the permit fee. 
   
  (2) A unit licensed with a permit plate or a 72/144 hour temporary 
registration does not receive a registration reduction in the computation of the 
permit fee. 
 
       
  sec.28.46. Permit Movement Conditions. 
 
  (a) A unit exceeding 9 feet in width, 14 feet in height, or 65 feet in length 
is restricted to daylight movement only. Movement is prohibited when: 
 
  (1) visibility is reduced to less than 2/10 of one mile; or 
   
  (2) the road surface is hazardous due to weather conditions (such as rain, 
ice, sleet, or snow) or highway maintenance or construction work. 
     
  (b) A unit exceeding 175, 000 pounds gross weight must: 
 
  (1) have front and rear escort vehicles to prevent traffic from traveling 
beside the unit as it crosses a bridge; 
   
  (2) cross all multi-lane bridges by centering the unit on a lane line; 
   
  (3) cross all two-lane bridges in the center of the bridge; and 
   
  (4) cross each bridge at a speed not greater than 20 miles per hour. 
     
  (c) A unit exceeding 12 feet in width must be centered in the outside traffic 
lane of any highway that has paved shoulders. 
   
  (d) A permitted unit may not cross any load restricted bridge. 
   
  (e) A single-trip permit: 
 
  (1) is limited to a maximum of seven consecutive days; 
   
  (2) is routed from the point of origin to the point of destination and has the 
route listed on the permit; and 
   
  (3) allows the unit to be returned to the point of origin on the same permit, 
provided the return trip is made within the time period stated in the permit. 
     
  (f) A time permit: 
 
  (1) is effective for three consecutive months (For example, a permit issued 
with a beginning date of January 15 will terminate on April 14, or a permit 
issued with a beginning date of July 1 will terminate on September 30); and 
   
  (2) allows the unit to travel on all state-maintained highways. 
     
  (g) An annual permit for an oil field rig-up truck allows the unit to travel: 
 
  (1) on all state-maintained highways, within not more than 12 designated 
districts; and 
   
  (2) at night, provided the unit does not exceed nine feet in width. 
 
       
  sec.28.47. Permits for Vehicles Transporting Liquid Products Related To Oil 
Well Production. 
 
  (a) General provisions. A vehicle combination consisting of a truck-tractor 
and semi-trailer specifically designed with a tank and pump unit for 
transporting liquid fracing products, liquid oil well waste products, and 
unrefined liquid petroleum products to an oil well, and for transporting 
unrefined liquid petroleum products or liquid oil well waste product from an oil 
well not connected to a pipeline, may secure an annual permit issued under 
provisions of Texas Civil Statutes, Article 6701d-16, to haul liquid loads over 
all state-maintained highways. 
   
  (b) Application for permit. 
 
  (1) A request for an annual permit issued under Texas Civil Statutes, Articles 
6701d-16, must be submitted to the CPO by mail. 
   
  (2) The permit request must be received by the CPO not more than 14 days prior 
to the date that the permit is to begin. 
     
  (c) Permit qualifications and requirements. 
 
  (1) The semi-trailer must be of legal size and weight. 
   
  (2) The semi-trailer must be registered for the maximum legal gross weight. 
   
  (3) Only one semi-trailer will be listed on a permit. 
   
  (4) The permit may be transferred from an existing trailer being removed from 
service and placed on a new trailer being added to the permittee's fleet, if the 
permittee supplies the CPO with: 
 
  (A) the existing valid permit number; 
   
  (B) the make and model of the new trailer; 
   
  (C) the license number of the new trailer; and 
   
  (D)  a transfer fee of $31 per permit to cover administrative costs. 
       
  (d)  Permit fee. 
 
  (1) The permit fee is based on the axles of the semi-trailer and the drive 
axles of the truck-tractor. The fee for the permit is determined as follows: 
 
  (A) $52 per axle-to haul liquid oil well waste products or unrefined liquid 
petroleum products from oil wells not connected by a pipeline and return empty; 
   
  (B) $52 per axle-to haul liquid products related to oil well production to an 
oil well and return empty; and 
   
  (C) $104 per axle-to haul liquid products related to oil well production to an 
oil well and return with liquid oil well waste products or unrefined liquid 
petroleum products from an oil well not connected to a pipeline. 
     
  (2) Each permit will be charged a $20 issuance fee in addition to the permit 
fee. 
     
  (e) Permit movement conditions. 
 
  (1)  The permit load must not cross any load restricted bridge. 
   
  (2)  The permit is effective for one year beginning on the "movement to begin" 
date. 
 
  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 May 9, 1994. 
 TRD-9440549 
  Diane L. Northam 
 Legal Executive Assistant 
 Texas Department of Transportation 
    Earliest possible date of adoption: June 13, 1994 
 For further information, please call: (512) 463-8630 
         
               
  Subchapter E. Permits for Oversize and Overweight Unladen Lift Equipment Motor 
Vehicles 
 
  43 TAC sec.sec.28.60-28.66 
 
  The Texas Department of Transportation proposes new sec. s28.60-28.66, 
concerning Permits for Oversize and Overweight Unladen Lift Equipment Motor 
Vehicles. These new sections replace existing sec.sec.25.200-25.207, which are 
being contemporaneously repealed. In order to comply with the Government Code, 
Chapter 2106, which requires a state agency to set fees at amounts sufficient to 
recover the indirect costs of that agency, and to provide greater safety to the 
general traveling public and the permit applicant through more uniform 
regulation and control of oversize and overweight permit loads, it is necessary 
to clarify the department's authority, policies, and procedures concerning the 
issuance of permits for the movement of oversize and overweight vehicles and 
loads. 
 Section 28.60, concerning Purpose, describes the Texas Transportation 
Commission's authority to issue permits for the movement of oversize and 
overweight unladen lift equipment motor vehicles, when such vehicles exceed 
legal size and weight limits. 
 Section 28.61, concerning Application for Permit, provides procedures for 
applying for single-trip, time, and annual permits for the movement of an 
oversize and overweight unladen lift equipment motor vehicles; provides for 
permit issuance and renewal of time permits; and sets forth methods of payment 
of permit fees. 
 Section 28.62, concerning Permit Qualifications and Requirements, establishes 
eligibility requirements for single-trip, time and annual permits; provides that 
permits cannot be transferred from one owner to another owner, or from one unit 
to another unit; and establishes conditions that cause a permit to be void. 
 Section 28.63, concerning Registration Requirements, provides for specific 
types of registration for these vehicles. 
 Section 28.64, concerning Maximum Permit Weight Limits, provides specific 
formulas for determining: maximum weight limits for axles and groups of axles; 
eligibility for a single-trip or time permit; and the identity of specific 
bridges on a proposed route that must be analyzed prior to permit issuance. 
 Section 28.65, concerning Permit Fee Calculations, provides specific formulas 
for calculating single-trip and time permit fees; describes the procedures for 
using hubometer mileage, highway use factor, and total rate per mile; 
establishes minimum fees for single-trip and time permits; establishes method of 
calculating permit fee for a unit with closely spaced axle groups; and 
establishes conditions for applying a registration reduction to the permit fee. 
 Section 28.66, concerning Permit Movement Conditions, establishes conditions 
regulating permit movement based on time of day and size of unit; establishes 
escorts requirements; and establishes movement routes. 
 Bert A. Lundell, director, Central Permit Office, has determined that for the 
first five-year period the sections are in effect there will be fiscal 
implications to the state as a result of enforcing or administering the 
sections. It is estimated that revenues will increase by approximately $5,525 
for Fiscal Year 1994, which will result from the collection of the department's 
indirect cost share for administering these permits. It is estimated that 
revenues will increase by approximately $22,100 each year for Fiscal Years 1995-
1998. There is no anticipated fiscal implications to local governments. 
 Mr. Lundell has certified that there will be no significant impact on local 
economies or overall employment as a result of enforcing or administering the 
sections. 
 Mr. Lundell has also determined that for each year of the first five years the 
sections as proposed are in effect the public benefits anticipated as a result 
of enforcing and administering the sections as proposed will be to: comply with 
the Government Code, Chapter 2106; provide greater protection to the integrity 
of the highway infrastructure; provide increased safety to the traveling public 
and the permittee by decreasing hazards from the movement of oversize loads; 
increase productivity of the trucking industry, thereby aiding the state's 
economy; provide for minor wording changes; and provide for clarity, continuity, 
and style. 
 Comments on the proposal may be submitted to Bert A. Lundell, Director, Central 
Permit Office, 125 East 11th Street, Austin, Texas 78701-2483. The deadline for 
receipt of comments will be 5:00 p.m. on June 14, 1994. 
 Pursuant to the Administrative Procedure Act, the Government Code, Chapter 
2001, the Texas Department of Transportation will conduct a public hearing to 
receive comments concerning the proposed new sections. The public hearing will 
be held at 9:00 a.m. on Thursday, May 26, 1994, in Room 101, Building 200, 200 
East Riverside Drive, Austin, Texas, and will be conducted in accordance with 
the procedures specified in 43 TAC sec.1.5. Any interested person may appear and 
offer comments, either orally or in writing; however, questioning of those 
making presentations will be reserved exclusively to the presiding officer as 
may be necessary to ensure a complete record. While any person with pertinent 
comments will be granted an opportunity to present them during the course of the 
hearing, the presiding officer reserves the right to restrict testimony in terms 
of time and repetitive content. Organizations, associations, or groups are 
encouraged to present their commonly held views and identical or similar 
comments through a representative member where possible. Comments on the 
proposed text should include appropriate citations to sections, subsections, 
paragraphs, etc., for proper reference. Any suggestions or requests for 
alternative language or other revisions in the proposed text should be submitted 
in written form. Presentations must remain pertinent to the issue being 
discussed. A person may not assign a portion of his or her time to another 
speaker. A person who disrupts a public hearing must leave the hearing room if 
ordered to do so by the presiding officer. Persons with disabilities who have 
special communication or accommodation needs and who plan to attend the hearings 
may contact Eloise Lundgren, Director of the Public Information Office, at 125 
East 11th Street, Austin, Texas 78701-2483, (512) 463-8588. 
 The sections are proposed under Texas Civil Statutes, Article 6666, which 
provide the Texas Transportation Commission with the authority to establish 
rules for the conduct of the work of the Texas Department of Transportation, and 
more specifically by Texas Civil Statutes, Article 6701d-18, which authorize the 
commission to issue annual permits for the movement of unladen lift equipment 
motor vehicles which because of their design for use as lift equipment exceed 
the maximum weight and width limitations prescribed by statute; and Texas Civil 
Statutes, and Article 6701d-19b, which authorize the commission to formulate and 
adopt rules and fees governing the issuance of oversize and overweight permits 
for the movement of unladen lift equipment motor vehicles. 
 
 
  sec.28.60. Purpose.  In accordance with Texas Civil Statutes, Articles 6701d-
18 and 6701d-19b, the department may issue a permit for the operation of an 
unladen lift equipment motor vehicle when such vehicle cannot comply with one or 
more of the restrictions set out in Texas Civil Statutes, Article 6701d-11, 
sec.3 and sec.5. The following sections in this subchapter set forth the 
requirements and procedures applicable to those permits. 
 
   
  sec.28.61. Application for Permit. 
 
  (a) General information. The CPO is closed on Sunday, New Year's Day, Memorial 
Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. 
   
  (b) Application for initial time permit. 
 
  (1) An applicant for an initial time permit must call the CPO, and advise the 
permit officer of the crane's make and model, vehicle identification number, 
license number, and the size and weight dimensions, and specify which districts 
will comprise the area of travel. 
   
  (2) The CPO will verify crane information, check number of districts in permit 
route, calculate permit fee, and advise the applicant of the permit fee. 
   
  (3) The applicant, upon notification of permit cost, may mail the permit fee, 
which must be a cashier's check or a money order, to the CPO, or pay the permit 
fee at a cash collection office with a cashier's check, money order, or cash. 
     
  (c) Issuance of initial time permit. 
 
  (1)  When payment of the permit fee is made at a cash collection office, the 
CPO will fax the permit to the cash collection office, upon verification from 
the cash collection office that the permit fee has been collected, and will mail 
the permit and a renewal application form to the applicant. 
   
  (2)  When payment of the permit fee is made by mail or credit card, the CPO 
will fax a copy of the permit to the applicant's office, and will mail the 
permit and a renewal application form to the applicant. 
     
  (d)  Application for renewal of time permit. 
 
  (1) The applicant must complete and mail a renewal application form for each 
permit that is to be renewed or closed out to the CPO. 
   
  (2) The renewal application form must be submitted not more than 14 days prior 
to the expiration date of the original permit. 
   
  (3) The CPO will: 
 
  (A)  verify crane information and number of districts in permit route; 
   
  (B)  check mileage traveled on last permit; 
   
  (C) calculate new permit fee; and 
   
  (D) advise applicant of permit fee. 
     
  (4) An applicant with two or more permits that expire on the same day must 
renew each permit that is expiring or closeout each permit that is not being 
renewed. 
     
  (e) Issuance of renewed time permit. 
 
  (1) An applicant may mail the permit fee, which must be a cashier's check or 
money order to the CPO. The CPO will mail the permit and a renewal application 
form to the applicant upon receipt of the permit fee. 
   
  (2) When payment of the permit fee is made with a credit card, the CPO will 
mail the permit and a renewal application form to the applicant. 
     
  (f) Application for single-trip permit. 
 
  (1) The applicant must complete the application and call the CPO or submit the 
application by facsimile to the CPO. 
   
  (2)  The CPO will: 
 
  (A) review and verify crane size and weight information; 
   
  (B) check route and mileage to be traveled; 
   
  (C)  compute the permit fee; and 
   
  (D) advise applicant of the permit fee. 
     
  (3) An applicant may purchase the permit with a credit card, a cashier's 
check, a money order, or cash. 
 
  (A) When payment of the permit fee is made with a credit card, the applicant 
must advise the permit officer of the credit card number and expiration date of 
the card. 
   
  (B)  When payment of the permit fee is made with a cashier's check, a money 
order, or cash, the applicant must deliver the fee to a cash collection office. 
       
  (g) Issuance of single-trip permit. 
 
  (1) When payment of the permit fee is made by credit card, the CPO will advise 
the applicant of the permit number, and if requested by the applicant, will fax 
a copy of the permit to the applicant's office. 
   
  (2) When payment of the permit fee is made by cashier's check, money order, or 
cash, the CPO will issue the permit number to the applicant after verification 
has been made that the permit fee was delivered to the cash collection office. 
     
  (h)  Application for annual permit under Texas Civil Statutes, Article 6701d-
18. The applicant must submit the application by mail to the CPO, specifying 
which districts will comprise the area of travel, and must submit the permit 
fee, which must be a cashier's check or a money order. 
   
  (i) Issuance of annual permit under Texas Civil Statutes, Article 6701d-18. 
The CPO will check and verify the information in the application, and will mail 
the permit to the applicant. 
 
     
  sec.28.62. Permit Qualifications and Requirements. 
 
  (a) Texas Civil Statutes, Article 6701d-19b, provides an optional procedure 
for the issuance of a permit for the movement of an oversize and/or overweight 
crane, which is designed for use as lift equipment, when the crane cannot comply 
with one or more of the restrictions set out in Texas Civil Statutes, Article 
6701d-11, sec.3 and sec.5. 
   
  (b) The department may, as an alternative to any other procedure authorized by 
law, upon application, issue a permit for the movement of the crane, when the 
department is of the opinion that the crane may be moved without material damage 
to the state highway system or serious inconvenience to highway traffic. 
   
  (c) A crane, permitted under Texas Civil Statutes, Article 6701d-19b, is 
eligible for: 
 
  (1) permit weight limits above those established by  s28.11(d)(2) of this 
title (relating to Permit Issuance Requirements and Procedures); 
   
  (2) a single-trip permit; 
   
  (3)  a time permit; 
   
  (4) travel on a load restricted road; and 
   
  (5)  must not cross any load restricted bridge. 
     
  (d) The issuance of a permit for an oversize and/or overweight crane is not a 
guarantee by the department that the highways can safely accommodate such 
movement. The owner of the crane is strictly liable for any damage caused to the 
state highway system or any of its structures or appurtenances by movement of 
the crane, whether the crane is permitted or not. 
   
  (e) A permit may not be transferred from one crane to another crane or from 
one owner to another owner. 
   
  (f) A crane permitted under this section must keep the permit and any 
attachments to the permit in the crane until the day after the date the permit 
expires. 
   
  (g) A permit is void when an applicant; 
 
  (1) gives false or incorrect information; 
   
  (2) does not comply with the restrictions or conditions stated in the permit; 
or 
   
  (3)  changes or alters the information on the applicant's copy of the permit. 
     
  (h) A permittee may not transport an oversize and/or overweight crane with a 
void permit; a new permit must be obtained. 
   
  (i) A single-trip permit may be amended to extend the time period, if weather 
conditions or mechanical breakdown cause the movement to be delayed. 
   
  (j) A time permit will be issued in accordance with the following provisions. 
 
  (1)  The crane must not exceed any of the following dimensions: 
 
  (A) 12 feet in width; 
   
  (B) 14 feet, 6 inches in height; or 
   
  (C) 95 feet in length. 
     
  (2) The applicant may designate not more than 12 districts, which will make up 
the permit travel area. 
   
  (3) The CPO will list the designated districts on the permit, and attach a map 
indicating the districts. 
   
  (4) The permit may be amended only to indicate: 
 
  (A) a new hubometer serial number; 
   
  (B) a new license plate number; or 
   
  (C) the addition and deletion of designated districts, provided the number of 
districts does not exceed a total of 12. 
       
  (k) An annual permit under Texas Civil Statutes, Article 6701d-18, will be 
issued in accordance with the following provisions. 
 
  (1) The crane must not exceed: 
 
  (A) the weight limits established in sec.28.11(d)(1), (2) and (3) of this 
title (relating to Permit Issuance Requirements and Procedures); 
   
  (B) a gross weight of 120,000 pounds; 
   
  (C) legal height and length limits as specified in Texas Civil Statutes, 
Article 6701d-11, sec.3; and 
   
  (D) 10 feet in width. 
     
  (2) The applicant may designate to the CPO as many as 12 districts for which 
the permit will be valid. 
   
  (3) The CPO will list the designated districts on the permit, and attach a map 
indicating the districts. 
   
  (4) The permit may not be amended. 
   
  (5) The crane must not travel on any load-restricted road or cross any load-
restricted bridge, or travel through any highway construction or maintenance 
area. 
   
  (6) The crane may travel at night with front and rear escort vehicles. 
 
       
  sec.28.63. Registration Requirements. 
 
  (a) A crane permitted under Texas Civil Statutes, Article 6701d-19b, must be 
licensed with either: 
 
  (1) a permit plate; 
   
  (2) a 72-hour or 144-hour temporary registration; or 
   
  (3) a truck license as specified in Texas Civil Statutes, Article 6675a. 
     
  (b)  A crane permitted under Texas Civil Statutes, Article 6701d-18, must be 
registered with either: 
 
  (1) a machinery plate; or 
   
  (2) a truck license as specified in Texas Civil Statutes, Article 6675a. 
 
       
  sec.28.64. Maximum Permit Weight Limits. 
 
  (a) The maximum permit weight for any single axle, not connected to another 
axle by a weight equalizing suspension system, must not exceed 30,000 pounds or 
850 pounds per inch of tire width, whichever is less. 
   
  (b) The maximum permit weight for any group of axles on a crane will be 
determined by calculating the "W" weight for the group, using the formulas in 
Appendix B, "Maximum Permit Weight Formulas", as shown in subsection (g) of this 
section, and comparing the calculated "W" weight with the corresponding "W" 
weight that is established in Appendix A, "Maximum Permit Weight Table", as 
shown in subsection (g) of this section. 
   
  (c) The maximum permit weight per inch of tire width for axles that are 
steerable must not exceed 950 pounds, and the maximum permit weight per inch of 
tire width for axles that are not steerable must not exceed 850 pounds. 
   
  (d) A crane that does not have any group of axles that exceeds the limits 
established in Appendix A, "Maximum Permit Weight Table", and Appendix B, 
"Maximum Permit Weight Formulas", as shown in subsection (g) of this section, 
will be permitted with a single-trip or time permit for travel on any route that 
does not include a load restricted bridge. 
   
  (e)  A crane that has any group of axles that exceeds the limits established 
by Appendix A, "Maximum Permit Weight Table," and Appendix B, "Maximum Permit 
Weight Formulas," as shown in subsection (g) of this section, will be eligible, 
on an individual case by case basis, for a single-trip permit only; permit 
approval or denial will be based on a detailed route study and an analysis of 
each bridge on the proposed travel route to determine if the route and bridges 
are capable of sustaining the movement. 
   
  (f) A bridge that has been analyzed and determined to be incapable of 
sustaining the crane will be excluded from the permit route. 
   
  (g) The table entitled, "Maximum Permit Weight Table," is Appendix A, and the 
list of formulas entitled, "Maximum Permit Weight Formulas," is Appendix B. The 
indicated appendices are shown as follows. 
 
  
   
  
   
  [graphic] 
 
       
  sec.28.65. Permit Fee Calculations. 
 
  (a) Permit Fee Formulas. 
 
  (1) The permit fee for a time permit is calculated by the following formula: 
 
  [graphic] 
   
  (2) The permit fee for a single-trip permit is calculated by the following 
formula: 
 
  [graphic] 
     
  (b) Hubometer mileage. 
 
  (1) A crane operated with a time permit must be equipped with a hubometer. The 
permittee must maintain the hubometer in good working condition. 
   
  (2) Mileage for a time permit is determined by an amount estimated by the 
applicant for the first time permit, or from the crane's hubometer mileage 
reading from the previous time permit. 
   
  (3) Actual mileage to be traveled is used to calculate the permit fee for a 
single-trip permit. 
     
  (c) Highway use factor. 
 
  (1) The highway use factor for a time permit is 0.3. 
   
  (2) The highway use factor for a single-trip permit is 0.6. 
     
  (d) Total rate per mile. 
 
  (1) The total rate per mile is the combined mileage rates for width, height, 
and weight for the crane. 
   
  (2) The mileage rate for width is $0.06 per mile for each foot (or fraction 
thereof) above legal width. 
   
  (3)  The mileage rate for height is $0.04 per mile for each foot (or fraction 
thereof) above legal height. 
   
  (4) The mileage rate for a single axle or any axle within a group that exceeds 
20,000 pounds, but is less than or equal to 25,000 pounds, is calculated by 
multiplying $0.045 times the amount by which the axle or axle group weight 
exceeds the legal weight for the axle or axle group and dividing the resultant 
figure by 1,000 pounds. 
   
  (5)  The mileage rate for a single axle or any axle within a group that 
exceeds 25,000 pounds, but is less than or equal to 30,000 pounds, is calculated 
by multiplying $0.055 times the amount by which the axle or axle group weight 
exceeds the legal weight for the axle or axle group and dividing the resultant 
figure by 1,000 pounds. 
     
  (e) Permit fees. 
 
  (1) The minimum fee for a single-trip permit or time permit is either the 
calculated permit fee or $31, whichever is the greater amount. 
   
  (2) The fee for an annual permit issued under Texas Civil Statutes, Article 
6701d-18, is $50. 
   
  (3)  A crane that is overlength only must obtain a time permit with a fee of 
$31, and is not required to have a Texas Department of Transportation Page 14 of 
16 Oversize and Overweight Vehicles and Loads hubometer. 
   
  (4) An applicant using a credit card to purchase a permit will pay a service 
charge of $1 in addition to the permit fee. 
   
  (5) A crane with two or more axle groups that does not have a spacing of at 
least 12 feet between the closest axles of the opposing groups must have the 
permit fee calculated by the following method. 
 
  (A) The axle group with the lowest weight will have the axle closest to the 
next axle group temporarily disregarded from its group in order to create a 
spacing of at least 12 feet between the two groups for fee calculation purposes. 
   
  (B) An axle group will not have more than one axle disregarded. 
   
  (C) The permit fee for the axle group with the temporarily disregarded axle 
must be based on the actual weight of the entire axle group minus the legal 
weight for the remaining axles of the group. 
     
  (6) The CPO will calculate the renewed time permit fee in the following 
method. 
 
  (A) An applicant requesting a permit for a crane that has traveled in excess 
of the mileage stated in the previous time permit must pay for the excess 
mileage traveled, in addition to the fee for the renewed time permit. 
   
  (B) An applicant requesting a permit for a crane that has traveled less than 
the mileage stated on the previous time permit will receive a credit on the 
purchase price of the renewed time permit for that crane or another crane. 
     
  (7) A refund is made to the applicant when the time permit process is stopped 
for all cranes listed in the applicant's account, provided the amount of the 
refund exceeds $31. 
     
  (f)  Registration reduction. 
 
  (1) A crane licensed for maximum legal weight will receive a reduction of 25% 
in the computation of the permit fee. 
   
  (2) A crane licensed with a permit plate or a 72/144-hour temporary 
registration does not receive a registration reduction in the computation of the 
permit fee. 
 
       
  sec.28.66. Permit Movement Conditions. 
 
  (a) A crane will be permitted for night movement provided that it does not 
exceed 10 feet six inches in width, 14 feet in height, or 95 feet in length. A 
crane moving at night must be accompanied by a front and rear escort vehicle. 
   
  (b)  Movement is prohibited when: 
 
  (1) visibility is reduced to less than 2/10 of one mile; or 
   
  (2) the road surface is hazardous due to weather conditions (such as rain, 
ice, sleet, or snow), or highway maintenance or construction work. 
     
  (c) Load-restricted bridges shall not be crossed. 
   
  (d) A crane exceeding 175,000 pounds gross weight must: 
 
  (1) have front and rear escort vehicles to prevent traffic from traveling 
beside the crane as it crosses a bridge; 
   
  (2) cross all multi-lane bridges by centering the crane on a lane line; 
   
  (3) cross all two-lane bridges in the center of the bridge; and 
   
  (4) cross each bridge at a speed not greater than 20 miles per hour. 
     
  (e) A crane exceeding 12 feet in width must be centered in the outside traffic 
lane of any highway that has paved shoulders. 
   
  (f) A single-trip permit: 
 
  (1) is limited to a maximum of seven consecutive days; 
   
  (2) is routed from the point of origin to the point of destination and has the 
route listed on the permit; and 
   
  (3) allows the crane to be returned to the point of origin on the same permit, 
provided the return trip is made within the time period stated in the permit. 
     
  (g)  A time permit is effective for three consecutive months. (For example, a 
permit issued with a beginning date of January 15 will terminate on April 14, or 
a permit issued with a beginning date of July 1 will terminate on September 30.) 
 
  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 May 9, 1994. 
 TRD-9440550 
  Diane L. Northam 
 Legal Executive Assistant 
 Texas Department of Transportation 
    Earliest possible date of adoption: June 13, 1994 
 For further information, please call: (512) 463-8630 
         
             
  Subchapter F. Highway Crossings by Oversize and Overweight Vehicles and Loads 
 
  43 TAC sec.sec.28.80-28.82 
 
  The Texas Department of Transportation proposes new sec. s28.80-28.82 
concerning Highway Crossing by Oversize/Overweight Vehicles and Loads. These new 
sections replace existing sec.25.7, which is being contemporaneously repealed. 
It is necessary to clarify the department's authority, policies, and procedures 
concerning the execution of contracts, between the department and a requester, 
authorizing the requester to move oversize and overweight vehicles across 
highways from private property to other private property right. The new sections 
incorporate the subject matter of the repealed section in an amended form to 
provide for minor wording changes, and rephrasing for clarity, continuity, and 
style. 
 Section 28.80, concerning Purpose, specifies the Texas Transportation 
Commission's authority to execute contracts to indemnify the department for the 
cost of providing repairs and maintenance to highway crossing locations when the 
requester desires to move oversize and overweight vehicles across highways from 
private property to other private property. 
 Section 28.81, concerning Surety Bond, provides that the requester shall 
execute a surety bond, with a company authorized to do business in the state, in 
an amount determined by the commission to compensate for the cost of repairing 
and maintaining the highway crossing location. 
 Section 28.82, concerning Preparation of Contract, provides for periodic 
maintenance and repairs to the crossing; provides that the crossing shall be 
kept free of debris, objectionable dust, lights, or noise; and provides that all 
traffic-control devices and flaggers, if required, shall be in accordance with 
the Texas Manual of Uniform Traffic Control Devices. 
 Bert A. Lundell, director, Central Permit Office, has determined that for the 
first five-year period the sections are in effect there will be no fiscal 
implications for state or local governments as a result of enforcing or 
administering these sections. 
 Mr. Lundell has certified that there will be no significant impact on local 
economies or overall employment as a result of enforcing or administering these 
sections. 
 Mr. Lundell also has determined that for each year of the first five years the 
sections as proposed are in effect the public benefits anticipated as a result 
of enforcing and administering the sections as proposed will be to: provide a 
precise and uniform approach to the execution of contracts to move oversize and 
overweight vehicles across highways from private property to other private 
property; uniform enforcement of contract conditions and requirements; and 
improved safety to the traveling public. 
 Comments on the proposal may be submitted to Bert A. Lundell, Director, Central 
Permit Office, 125 East 11th Street, Austin, Texas 78701-2483. The deadline for 
receipt of comments will be 5:00 p.m. on June 14, 1994. 
 Pursuant to the Administrative Procedure Act, the Government Code, Chapter 
2001, the Texas Department of Transportation will conduct a public hearing to 
receive comments concerning the proposed new sections. The public hearing will 
be held at 9:00 a.m. on Thursday, May 26, 1994, in Room 101, Building 200, 200 
East Riverside Drive, Austin, Texas, and will be conducted in accordance with 
the procedures specified in 43 TAC sec.1.5. Any interested person may appear and 
offer comments, either orally or in writing; however, questioning of those 
making presentations will be reserved exclusively to the presiding officer as 
may be necessary to ensure a complete record. While any person with pertinent 
comments will be granted an opportunity to present them during the course of the 
hearing, the presiding officer reserves the right to restrict testimony in terms 
of time and repetitive content. Organizations, associations, or groups are 
encouraged to present their commonly held views and identical or similar 
comments through a representative member where possible. Comments on the 
proposed text should include appropriate citations to sections, subsections, 
paragraphs, etc., for proper reference. Any suggestions or requests for 
alternative language or other revisions in the proposed text should be submitted 
in written form. Presentations must remain pertinent to the issue being 
discussed. A person may not assign a portion of his or her time to another 
speaker. A person who disrupts a public hearing must leave the hearing room if 
ordered to do so by the presiding officer. Persons with disabilities who have 
special communication or accommodation needs and who plan to attend the hearings 
may contact Eloise Lundgren, Director of the Public Information Office, at 125 
East 11th Street, Austin, Texas 78701-2483, (512) 463-8588. 
 The sections are proposed under Texas Civil Statutes, Article 6666, which 
provide the Texas Transportation Commission with the authority to establish 
rules for the conduct of the work of the Texas Department of Transportation, and 
more specifically by Texas Civil Statutes, Article 6701d-11, sec.5-2/3, which 
authorizes the commission to execute contracts to indemnify the department for 
the cost of providing repairs and maintenance to highway crossing locations when 
the requester desires to move oversize and overweight vehicles across highways 
from private property to other private property. 
 
 
  sec.28.80. Purpose.  In accordance with Texas Civil Statutes, Article 6701d-
11, sec.5-2/3, a person, firm, or corporation may request authorization to 
operate a vehicle, that does not comply with one or more of the restrictions of 
Texas Civil Statutes, Article 6701d-11, sec.3 and sec.5, across the width of any 
road in the state highway system, other than a controlled-access highway as 
defined in Texas Civil Statutes, Article 6674w, from private property to other 
private property provided that the commission has contracted with the requester 
to indemnify the department for the cost of repair and maintenance to the 
portion of such highway crossed by such vehicles. 
 
   
  sec.28.81. Surety bond. <ol> The requester shall, prior to exercising any 
rights thereunder, execute an adequate surety bond in such amount as may be 
determined by the commission to compensate for the cost of maintenance and 
repairs as provided herein, approved by the state treasurer and the attorney 
general, with a corporate surety authorized to do business in this state, 
conditioned on the requester fulfilling the obligations of the contract. 
 
   
  sec.28.82. Preparation of contract. 
 
  (a) The department will contract with the requester to indemnify the state for 
the cost of maintenance or repair to that portion of the highway crossed by 
vehicles which cannot comply with one or more restrictions of Texas Civil 
Statutes, Article 6701d-11, sec.3 and sec.5. 
   
  (b) The department will, at the expense of the requester, periodically 
maintain and repair the vehicle crossing in accordance with established 
departmental regulations, specifications, and engineering standards and 
practices. 
   
  (c) If the proposed vehicle crossing requires initial upgrading or 
reconstruction to safely and adequately accommodate the vehicles which will be 
using the highway crossing, the requester will bear the entire cost of such 
work. Construction plans, specifications, traffic control plans, and any other 
related work will be provided by the requester at no cost to the state. At the 
sole option of the department, it may elect to do this work or provide for this 
work by separate contract with the requester bearing the entire cost. 
   
  (d) The requester will be responsible for furnishing, installing, maintaining, 
and removing when no longer required all traffic control devices which are 
required at the crossing to insure the safety of the traveling public. At the 
sole option of the department, it may elect to do this work or provide for this 
work by separate contract with the requester bearing the entire cost. All 
traffic-control devices and flaggers, if required, shall be in accordance with 
the Texas Manual on Uniform Traffic Control Devices. 
   
  (e) The requester shall indemnify the department for the cost of maintenance 
and repair to the vehicle crossing. The requester shall, at the entire expense 
of the requester, provide and keep in force a surety bond in an amount 
determined by the state to cover the cost of such maintenance and repair. The 
bond will require approval by the attorney general and state treasurer. 
   
  (f) The requester shall keep the roadway free of debris and objectionable 
dust, lights, or noise. 
   
  (g) The requester shall provide the department with the department's 
certificate of insurance covering the latest insurance requirements for 
contractors doing state highway construction work. 
   
  (h)  The responsibilities of the requester as set forth in the contract shall 
not be transferred, assigned, or conveyed to a third party without approval of 
the department. 
   
  (i) If, in the sole judgment of the department, it is determined at a future 
date that traffic conditions have so changed that the existence or use of the 
vehicle crossing is impeding maintenance, damaging the highway facility, 
impairing safety, or that the vehicle crossing is not being properly operated, 
or that it constitutes a nuisance, or if for any other reason it is in the 
department's judgment that such a facility is not in the public interest, the 
vehicle crossing shall be modified if corrective measures acceptable to both the 
department and the requester can be applied to eliminate the objectionable 
features of the facility or terminated and the use of the area as a vehicle 
crossing discontinued. 
   
  (j) Upon termination of the contract the department shall make an inspection 
of the crossing site. If additional repairs, modifications, or rehabilitation is 
required to return the highway to its original condition, the requester shall 
bear the entire expense of such work. 
 
  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 May 9, 1994. 
 TRD-9440551 
  Diane L. Northam 
 Legal Executive Assistant 
 Texas Department of Transportation 
    Earliest possible date of adoption: June 13, 1994 
 For further information, please call: (512) 463-8630