ADOPTED RULES An agency may take final action on a section 30 days after a proposal has been published in the Texas Register. The section becomes effective 20 days after the agency files the correct document with the Texas Register, unless a later date is specified or unless a federal statute or regulation requires implementation of the action on shorter notice. If an agency adopts the section without any changes to the proposed text, only the preamble of the notice and statement of legal authority will be published. If an agency adopts the section with changes to the proposed text, the proposal will be republished with the changes. TITLE 1. ADMINISTRATION Part I. Office of the Governor Chapter 5. Budget and Planning Office Subchapter B. State and Local Review of Federal and State Assistance Applications Introduction and General Provisions of Texas Review and Comment System 1 TAC sec.5.195 The Governor's Office adopts an amendment to sec.5.195, concerning the Texas Review and Comment System, with changes to the proposed text as published in the March 8, 1994, issue of the Texas Register (19 TexReg 1595). The changes delete programs no longer in existence or no longer deemed necessary to review; add new programs for review; and conform program numbers to current listings in the Catalog of Federal Domestic Assistance. Commenting agencies requested that nine programs be added and that one program be dropped from the Texas Review and Comment System. Comments were received from the Texas Rehabilitation Commission (TRC), from the Texas Department of Mental Health and Mental Retardation and from the Governor's Office of Immigration and Refugee Affairs. In the case of the request that 84. 126, 84.132, 84.177, 84.187, 84.224, 84.234, 84.246, 84.264 and 84.265 be added, the agency agreed that it would enhance coordination between the TRC and other program operators to include additional programs that impact TRC's areas of responsibility. The deletion of 93.026 was justified by the nature of the program, which is a non- discretionary, formula-based program in which eligibility, funding levels and services provided are dictated by federal law and would therefore not benefit from intergovernmental review. The amendment is adopted under the Government Code, sec.772.004 and sec.772. 005, and the Local Government Code, Chapter 391, which authorize the Governor's Office to provide for review of state and local applications for grant and loan assistance and to establish policies and guidelines for review and comment. Local Government Code, Chapter 391, requires applicants for state or federal assistance to submit their applications for review to the appropriate regional planning commissions and directs the governor to issue guidelines for carrying out such reviews. sec.5.195. Program Coverage. (a)-(b) (No change.) (c) Federal programs included for review under TRACS pursuant to these laws, plus selected other activities, including all direct federal and state development not specifically excluded by law, are shown, respectively, in Tables I and II. Copies of these tables may be obtained from the State Single Point of Contact, Texas Office of State-Federal Relations, Post Office Box 13005, Austin, Texas 78711. As required by state law (Government Code, sec.772. 005), all state agencies must notify the governor's office when applying for federal funds. [graphic] This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 15, 1994. TRD-9441246 David A. Talbot, Jr. General Counsel Office of the Governor Effective date: June 10, 1994 Proposal publication date: March 8, 1994 For further information, please call: (512) 463-1778 Part XII. Advisory Commission on State Emergency Communications Chapter 251. Regional Plans-Standards 1 TAC sec.251.5 The Advisory Commission on State Emergency Communications adopts new sec.251.5, with changes to the proposed text as published in the December 10, 1993, issue of the Texas Register (18 TexReg 9155). In compliance with Health and Safety Code, Chapter 771, the Advisory Commission on State Emergency Communications establishes minimum performance standards for equipment and operations of 9-1-1 service. The new section establishes policy for equipment procurement, installation, and operation as it pertains to emergency communications. The new section gives the Councils of Governments the responsibility for equipment maintenance and replacement as necessary to meet performance standards for 9-1-1 service. Comments against adoption of the new section were received from the North Central Texas Council of Governments, which believes developing maintenance plans is time-consuming and presents unnecessary conflict as to which option is best for the COG. Coastal Bend Council of Governments states that preparation of a plan is time-consuming and has an impact on the limited resources of local communities. The Commission staff met with Regional Council 9-1-1 Coordinators to discuss the proposed rule and their concern that ACSEC required too much information on maintenance options and that they lacked adequate time and resources to respond. The Commission disagrees with North Central Texas Council of Governments and the Coastal Bend Council of Governments that planning for maintenance and replacement for equipment is too time-consuming and restrictive. The Commission believes that such planning is prudent to ensure 9-1-1 equipment is operating optimally. Commission agreed to delete some language determined to be excessive. The new section is adopted under Health and Safety Code, Chapter 771, which provides the Advisory Commission on State Emergency Communications with the authority to set procedures and performance standards which ensure 9-1-1 call delivery, utilizing equipment that is well-maintained and which provides maximum performance. sec.251.5. Guidelines for the Maintenance and Replacement of 9-1-1 Equipment. (a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1) 9-1-1 funds-Funds assessed and disbursed in accordance with the Texas Health and Safety Code, Chapter 771. (2) 9-1-1 equipment-Capital equipment acquired partially or in whole with 9- 1-1 funds and designed to support and/or facilitate the delivery of an emergency 9-1-1 call to an appropriate emergency response agency. (3) Capital reinvestment cost-The non-recurring cost of replacing 9-1-1 equipment amortized over a selected period of time. (4) Emergency communications district-A public agency or group of public agencies acting jointly that provided 9-1-1 service before September 1, 1987, or that had voted or contracted before that date to provide that service; or a district created under Texas Health and Safety Code, Chapter 772, Subchapter B, C, or D. (5) Maintenance-The preservation and upkeep of 9-1-1 equipment in order to insure that it continues to operate and perform at a level comparable to that exhibited at its initial acquisition. (6) Maintenance plan-A plan that identifies a cost effective program for the maintenance of 9-1-1 equipment. For regional planning commissions, this plan is part of a regional plan as described by the Texas Health and Safety Code, Chapter 771 (7) Regional planning commission-A commission established under Local Government Code, Chapter 391, also referred to as a regional council of governments (COG). (8) Replacement-The timely replacement of old 9-1-1 equipment for new 9-1-1 equipment in order to insure the appropriate and acceptable continued operation of 9-1-1 services. (9) Replacement plan-A plan that identifies a cost-effective program for the replacement of 9-1-1 equipment. For regional planning commissions, this plan is part of a regional plan as described by the Texas Health and Safety Code, Chapter 771 (10) Useful life-The period of time that a piece of capital equipment can consistently and acceptably fulfill its service or functional assignment. (b) Policy and procedures. As authorized by the Texas Health and Safety Code, Chapter 771, the Advisory Commission on State Emergency Communications (ACSEC) may impose 9-1-1 emergency service fees and equalization surcharges to support the planning, development, and provision of 9-1-1 service throughout the state of Texas. The implementation of such service involves the procurement, installation and operation of equipment designed to either support or facilitate the delivery of an emergency call to an appropriate emergency response agency. It is the policy of the ACSEC that this equipment be well maintained and provide the maximum performance possible within the environment in which it operates. (c) Maintenance. (1) Regional planning commissions funding the purchase and/or lease of 9-1-1 equipment shall develop and adopt maintenance plans covering the equipment involved as part of the regional plan. (2) Emergency communication districts requesting 9-1-1 funds in accordance with established rules and procedures for the maintenance of 9-1-1 equipment shall provide a maintenance plan for the equipment involved. (3) Maintenance plans shall be provided to the ACSEC in conjunction with equipment plan amendments or district requests submitted to the Commission following the adoption of this rule in accordance with established Commission policy. For equipment purchased and/or leased prior to the adoption of this rule, maintenance plans for regional planning commissions shall be submitted to the ACSEC for consideration no later than the beginning of the next budget cycle from the date of adoption of this rule. (4) Annual budgeted costs associated with the maintenance of 9-1-1 equipment shall be monitored by the ACSEC staff for consistency with approved maintenance plans. Such costs that are determined by the ACSEC staff to not be consistent with approved maintenance plans, shall be reviewed and approved by the Commission. (d) Replacement. (1) Regional planning commissions funding the purchase and/or lease of 9-1-1 equipment shall develop and adopt replacement plans designed to insure the availability of adequate financial and other resources required to timely replace equipment that has reached the end of its useful life. (2) The initial useful life of 9-1-1 equipment acquired prior to the adoption of this rule shall be the remaining life of the equipment involved, calculated from the date of the adoption of this rule. (3) Emergency communication districts requesting 9-1-1 funds in accordance with established rules and procedures for the replacement of 9-1-1 equipment shall provide a replacement plan for the equipment involved. (4) Annual capital reinvestment costs associated with the replacement of 9-1-1 equipment shall be monitored by the ACSEC staff for consistency with approved replacement plans. Such costs that are determined by the ACSEC staff to not be consistent with approved replacement plans, shall be reviewed and approved by the Commission. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 23, 1994. TRD-9441262 Mary A. Boyd Executive Director Advisory Commission on State Emergency Communications Effective date: June 13, 1994 Proposal publication date: December 10, 1993 For further information, please call: (512) 327-1911 Part XVI. Council on Competitive Government Chapter 401. Administration Subchapter B. Council Meeting Guidelines and Requirements 1 TAC sec.401.22 The Council on Competitive Government adopts an amendment to sec.401.22(a), concerning council members' designees, without changes to the proposed text as published in the April 19, 1994, issue of the Texas Register (19 TexReg 2811). The rule is amended to widen and diversify the pool of potential individuals that may serve as designees. This rule allows designated individuals to act on behalf of council members. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 601b, sec.15. 06(1), which invest the Council on Competitive Government with the authority to promulgate rules necessary to administer its functions under Texas Civil Statutes, Article 601b, Article 15. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 20, 1994. TRD-9441207 John Pouland Clerk Council on Competitive Government Effective date: June 10, 1994 Proposal publication date: April 19, 1994 For further information, please call: (512) 463-3446 TITLE 7. BANKING AND SECURITIES Part VII. State Securities Board Chapter 109. Transactions Exempt from Registration 7 TAC sec.109.13 The State Securities Board adopts an amendment to sec.109.13, concerning employee plan advertising, without changes to the proposed text as published in the March 4, 1994, issue of the Texas Register (19 TexReg 1511). The amendment removes an inconsistency in the rule. Incongruous language contained in the rule is eliminated. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 581, sec.28-1, which provide the Board with the authority to adopt rules and regulations necessary to carry out and implement the provisions of the Securities Act, including rules and regulations governing registration statements and applications; defining terms; classifying securities, persons, and matters within its jurisdiction; and prescribing different requirements for different classes. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 18, 1994. TRD-9441077 Denise Voigt Crawford Securities Commissioner State Securities Board Effective date: June 8, 1994 Proposal publication date: March 4, 1994 For further information, please call: (512) 305-8300 7 TAC sec.109.17 The State Securities Board adopts an amendment to sec.109.17, concerning banks under The Securities Act, without changes to the proposed text as published in the March 4, 1994, issue of the Texas Register (19 TexReg 1511). The amendment adds Texas chartered limited banking associations to the list of financial institutions recognized in the Securities Act, sec.5.L. Texas chartered limited banking associations are organized pursuant to the provisions of House Bill 1212, 73rd Legislature, 1993, and are regulated in the same manner as are traditional banking entities. The rule will extend the exemption for sales by an issuer or by a registered dealer of securities issued or guaranteed by certain banks to securities issued or guaranteed by Texas chartered limited banking associations. One comment letter was received. That letter, from the Independent Bankers Association of Texas, ("IBAT"), supported the amendment. IBAT noted that limited banking associations are considered banks for every other purpose in state and federal law at this time, and should be treated accordingly for purposes of the securities laws. Predicated on the nature of the regulation of these entities, the Board agrees. The amendment is adopted under Texas Civil Statutes, Article 581, sec.28-1. Section 28-1 provides the Board with the authority to adopt rules and regulations necessary to carry out and implement the provisions of the Securities Act, including rules and regulations governing registration statements and applications; defining terms; classifying securities, persons, and matters within its jurisdiction; and prescribing different requirements for different classes. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 18, 1994. TRD-9441078 Denise Voigt Crawford Securities Commissioner State Securities Board Effective date: June 8, 1994 Proposal publication date: March 4, 1994 For further information, please call: (512) 305-8300 Chapter 123. Administrative Guidelines for Registration of Open-End Investment Companies 7 TAC sec.123.3 The State Securities Board adopts an amendment to sec.123.3, to eliminate subsection (j) concerning the effective date of the conditional exemption for money market funds, without changes to the proposed text as published in the March 4, 1994, issue of the Texas Register (19 TexReg 1518). The amendment eliminates subsection (j) concerning the effective date of the conditional exemption for money market funds. The amendment eliminates obsolete language. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 581, sec.28-1. Section 28-1 provides the Board with the authority to adopt rules and regulations necessary to carry out and implement the provisions of the Securities Act, including rules and regulations governing registration statements and applications; defining terms; classifying securities, persons, and matters within its jurisdiction; and prescribing different requirements for different classes. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 18, 1994. TRD-9441081 Denise Voigt Crawford Securities Commissioner State Securities Board Effective date: June 8, 1994 Proposal publication date: March 4, 1994 For further information, please call: (512) 305-8300 Chapter 137. Administrative Guidelines for Regulation of Offers 7 TAC sec.137.3 The State Securities Board adopts an amendment to sec.137.3, concerning language approved for use on a preliminary prospectus, with changes to the proposed text as published in the March 4, 1994, issue of the Texas Register (19 TexReg 1519). A change was made to the published proposal to change the reference from "Rule" 501 to "Item" 501 "of Regulation S-K", to better describe the text found at 17 Code of Federal Regulations, sec.229.501. The amendment updates the citation to the Securities and Exchange Commission regulation which contains the statement which appears in red ink on the outside front cover of a preliminary prospectus. Under the Texas Securities Act, sec.22, such language may be used on preliminary prospectuses in Texas. The rule operates to coordinate disclosures at the state level with disclosures at the federal level. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 581, sec.28-1. Section 28-1 provides the Board with the authority to adopt rules and regulations necessary to carry out and implement the provisions of the Securities Act, including rules and regulations governing registration statements and applications; defining terms; classifying securities, persons, and matters within its jurisdiction; and prescribing different requirements for different classes. sec.137.3. Preliminary Prospectus. The language adopted by the Securities and Exchange Commission in paragraph (c)(8) of Item 501 of Regulation S-K (17 C.F.R., sec.229.501) meets the requirements of the Act, sec.22.A(4)(b), and is approved for use on preliminary prospectuses in Texas. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 18, 1994. TRD-9441082 Denise Voigt Crawford Securities Commissioner State Securities Board Effective date: June 8, 1994 Proposal publication date: March 4, 1994 For further information, please call: (512) 305-8300 Chapter 139. Exemptions by Rule or Order 7 TAC sec.139.14 The State Securities Board adopts an amendment to sec.139.14, concerning non- issuer sales, without changes to the proposed text as published in the March 4, 1994, issue of the Texas Register (19 TexReg 1519). The amendment corrects a cross-reference to sec.109.3 and remove a reference to former sec.139.4, concerning private resales under Securities and Exchange Commission Rule 144A. The amendment also simplifies existing language. The amendment simplifies, clarifies and corrects references contained in the rule. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 581, sec.28-1. Section 28-1 provides the Board with the authority to adopt rules and regulations necessary to carry out and implement the provisions of the Securities Act, including rules and regulations governing registration statements and applications; defining terms; classifying securities, persons, and matters within its jurisdiction; and prescribing different requirements for different classes. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 18, 1994. TRD-9441083 Denise Voigt Crawford Securities Commissioner State Securities Board Effective date: June 8, 1994 Proposal publication date: March 4, 1994 For further information, please call: (512) 305-8300 TITLE 22. EXAMINING BOARDS Part XI. Board of Nurse Examiners Chapter 217. Licensure and Practice 22 TAC sec.sec.217.3-217.6 The Board of Nurse Examiners adopts the repeal of sec. sec.217.3-217.6, concerning licensure and practice, without changes to the proposed text as published in the April 5, 1994, issue of the Texas Register (19 TexReg 2348). The repeal of this repeal will permit the adoption of new, more current rules. The repeals enable clarification by omission. No comments were received regarding adoption of the repeals. The repeals are adopted under Texas Civil Statutes, Article 4514, sec.1, which provide the Board of Nurse Examiners with the authority to make and enforce all rules and regulations necessary for the performance of its duties and conducting of proceedings before it. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 19, 1994. TRD-9441119 Louise Waddill, Ph.D., R.N. Executive Director Texas Board of Nurse Examiners Effective date: June 9, 1994 Proposal publication date: April 5, 1994 For further information, please call: (512) 835-8650 The Board of Nurse Examiners adopts new sec.sec.217.3-217.6, concerning licensure and practice, without changes to the proposed text as published in the April 5, 1994, issue of the Texas Register (19 TexReg 2348). These sections are being adopted to clarify the rules in relation to individuals eligible for permits in Texas based on the implementation of Computer Adaptive Testing (CAT) which began on April 1, 1994. The adoption of these sections will ensure that only individuals eligible for licensure in Texas receive temporary permits while awaiting results of the NCLEX-RN. No comments were received regarding adoption of the new sections. The new sections are adopted under Texas Civil Statutes, Article 4514, sec.1, which provide the Board of Nurse Examiners with the authority to make and enforce all rules and regulations necessary for the performance of its duties and conducting of proceedings before it. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 19, 1994. TRD-9441120 Louise Waddill, Ph.D., R.N. Executive Director Texas Board of Nurse Examiners Effective date: June 9, 1994 Proposal publication date: April 5, 1994 For further information, please call: (512) 835-8650 22 TAC sec.217.19 The Board of Nurse Examiners adopts new sec.217.19, concerning Minor Incidents, without changes to the proposed text as published in the March 25, 1994, issue of the Texas Register (19 TexReg 2121). Article 4525a, sec.6(A)(b), requires the Board of Nurse Examiners to adopt rules to minimize the reporting of minor incidents. The Board convened a Nursing Practice Advisory Committee that met in January 1994 and recommended proposed rules to the Board. The Committee reviewed the proposed rules and comments in April 1994 and recommended that the Board adopt the rules with no changes in the text. The adoption of this new section will reduce complaints concerning incidents which would not result in disciplinary action by the Board, thereby freeing the Board's staff to spend more time investigating RNs who might actually pose a risk harm. These cases would be expedited as a result. One commenter requested clarification on the intent and implications of the last sentence in subsection (b) and requested that the phrase "or the Peer Review Committee" be deleted. Texas Nurses Association supported the adoption of the section with the deletion as mentioned in the summary. The Nursing Practice Advisory Committee did not feel the deletion was necessary and the Board of Nurse Examiners concurred. The new section is adopted under Texas Civil Statutes, Article 4514, sec.1, which provide the Board of Nurse Examiners with the authority to make and enforce all rules and regulations necessary for the performance of its duties and conducting of proceedings before it. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 19, 1994. TRD-9441121 Louise Waddill, Ph.D., R.N. Executive Director Texas Board of Nurse Examiners Effective date: June 9, 1994 Proposal publication date: March 25, 1994 For further information, please call: (512) 835-8650 Part XXII. Texas State Board of Public Accountancy Chapter 501. Professional Conduct General Provisions 22 TAC sec.501.4 The Texas State Board of Public Accountancy adopts an amendment to sec.501. 4, without changes to the proposed text as published in the April 5, 1994, issue of the Texas Register (19 TexReg 2350). The amendment allows more flexibility in issuing licenses with varying expiration dates. The amendment will function by changing expiration dates to the last day of the licensee's birth month and by issuing licenses valid to that date. No comments were received concerning adoption of the rule. The amendment is adopted under Texas Civil Statutes, Article 41a-1, sec.6, which provide the Texas State Board of Public Accountancy with the authority to make such rules as may be necessary or advisable to carry in effect the purposes of the law; and sec.9, which authorizes the Board to issue licenses. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 12, 1994. TRD-9441124 William Treacy Executive Director Texas State Board of Accountancy Effective date: June 9, 1994 Proposal publication date: April 5, 1994 For further information, please call: (512) 505-5545 Chapter 501. Professional Conduct Other Responsibilities and Practices 22 TAC sec.501.43 The Texas State Board of Public Accountancy adopts an amendment to sec.501. 43, without changes to the proposed text as published in the April 5, 1994, issue of the Texas Register (19 TexReg 2351). The amendment sets a definite time limit for the retention of advertising records and, because of the repeal of the Board's rule on Solicitation, uses "communication" instead of "solicitation." The amendment will function by replacing "solicitation" with "communication" since the board rule on solicitation has been repealed and communication is the appropriate word. The amendment also adds the phrase "for at least 36 months" to subsection (f). No comments were received concerning adoption of the rule. The amendment is adopted under Texas Civil Statutes, Article 41a-1, sec.6, which provide the Texas State Board of Public Accountancy with the authority to make such rules as may be necessary or advisable to carry in effect the purposes of the law. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 19, 1994. TRD-9441123 William Treacy Executive Director Texas State Board of Accountancy Effective date: June 9, 1994 Proposal publication date: April 5, 1994 For further information, please call: (512) 505-5545 The Board 22 TAC sec.505.10 The Texas State Board of Public Accountancy adopts an amendment to sec.505. 10, without changes to the proposed text as published in the April 5, 1994, issue of the Texas Register (19 TexReg 2351). The amendment removes the Committee on Relations with the National Association of State Boards of Accountancy from the Board's list of Committees and renumbers the remaining sections. The amendment will function by removing a no longer existing committee from the list of active committees. No comments were received concerning adoption of the rule. The amendment is adopted under Texas Civil Statutes, Article 41a-1, sec.6, which provide the Texas State Board of Public Accountancy with the authority to make such rules as may be necessary or advisable to carry in effect the purposes of the law. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 12, 1994. TRD-9441135 William Treacy Executive Director Texas State Board of Public Accountancy Effective date: June 9, 1994 Proposal publication date: April 5, 1994 For further information, please call: (512) 505-5545 Chapter 511. Certification as CPA Certification 22 TAC sec.511.164 The Texas State Board of Public Accountancy adopts an amendment to sec.511. 164, without changes to the proposed text as published in the April 5, 1994, issue of the Texas Register , (19 TexReg 2352). The amendment allows married and divorced licensees to have the name they are currently using on their annual license. The amendment will function by allowing licensees to have their annual license issued in their current name. No comments were received concerning adoption of the rule. The amendment is adopted under Texas Civil Statutes, Article 41a-1, sec.6, which provide the Texas State Board of Public Accountancy with the authority to make such rules as may be necessary or advisable to carry in effect the purposes of the law; and sec.9, which authorizes the Board to issue licenses. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 12, 1994. TRD-9441126 William Treacy Executive Director Texas State Board of Public Accountancy Effective date: June 9, 1994 Proposal publication date: April 5, 1994 For further information, please call: (512) 505-5545 22 TAC sec.511.168 The Texas State Board of Public Accountancy adopts an amendment to sec.511. 168, without changes to the proposed text as published in the April 5, 1994, issue of the Texas Register , (19 TexReg 2352). The amendment allows, under certain conditions, former licensees to have their Certificate reinstated without having to pay the annual license fees for all of the previous years. The amendment will function by requiring proof the former licensee has neither practiced nor resided in Texas for three consecutive years and did not have his Certificate revoked as a result of a disciplinary investigation or proceeding. No comments were received concerning adoption of the rule. The amendment is adopted under Texas Civil Statutes, Article 41a-1, sec.6, which provide the Texas State Board of Public Accountancy with the authority to make such rules as may be necessary or advisable to carry in effect the purposes of the law, and sec.9, which authorizes the Board to issue licenses. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 12, 1994. TRD-9441133 William Treacy Executive Director Texas State Board of Public Accountancy Effective date: June 9, 1994 Proposal publication date: April 5, 1994 For further information, please call: (512) 505-5545 Chapter 513. Registration Registration of Partnerships 22 TAC sec.513.24 The Texas State Board of Public Accountancy adopts an amendment to sec.513. 24, without changes to the proposed text as published in the April 5, 1994, issue of the Texas Register (19 TexReg 2353). The amendment allows CPAs more flexibility in their creation of partnerships. The amendment will function by allowing professional corporations and partnerships to be partners in another partnership. No comments were received concerning adoption of the rule. The amendment is adopted under Texas Civil Statutes, Article 41a-1, sec.6, which provide the Texas State Board of Public Accountancy with the authority to make such rules as may be necessary or advisable to carry in effect the purposes of the law; and sec.20, which allows corporations to practice public accountancy. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 12, 1994. TRD-9441134 William Treacy Executive Director Texas State Board of Public Accountancy Effective date: June 9, 1994 Proposal publication date: April 5, 1994 For further information, please call: (512) 505-5545 Registration of Corporations 22 TAC sec.513.47 The Texas State Board of Public Accountancy adopts an amendment to sec.513. 47, without changes to the proposed text as published in the April 5, 1994, issue of the Texas Register (19 TexReg 2353). The amendment allows the board to change its licensing and reporting periods from biennially to annually. The amendment will function by changing a licensee's reporting period from biennially to annually. No comments were received concerning adoption of the rule. The amendment is adopted under Texas Civil Statutes, Article 41a-1, sec.6, which provide the Texas State Board of Public Accountancy with the authority to make such rules as may be necessary or advisable to carry in effect the purposes of the law; and sec.21 and sec.21D, which authorize the Board to regulate the practice of accountancy and to take appropriate action against licensees. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 12, 1994. TRD-9441125 William Treacy Executive Director Texas State Board of Accountancy Effective date: June 9, 1994 Proposal publication date: April 5, 1994 For further information, please call: (512) 505-5545 Chapter 515. Licenses 22 TAC sec.515.2 The Texas State Board of Public Accountancy adopts an amendment to sec.515. 2, without changes to the proposed text as published in the April 5, 1994, issue of the Texas Register (19 TexReg 2354). The amendment allows the conversion from a biennial licensing period to an annual licensing period. The amendment will function by changing licensees' licensing period from biennially to annually. No comments were received concerning adoption of the rule. The amendment is adopted under Texas Civil Statutes, Article 41a-1, sec.6, which provide the Texas State Board of Public Accountancy with the authority to make such rules as may be necessary or advisable to carry in effect the purposes of the law; and sec.9, which authorizes the board to issue licenses. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 12, 1994. TRD-9441127 William Treacy Executive Director Texas State Board of Public Accountancy Effective date: June 9, 1994 Proposal publication date: April 5, 1994 For further information, please call: (512) 505-5545 22 TAC sec.515.3 The Texas State Board of Public Accountancy adopts an amendment to sec.515. 3, without changes to the proposed text as published in the April 5, 1994, issue of the Texas Register (19 TexReg 2354). The amendment allows the conversion of the licensing period from biennial to annual and changes the expiration date to the last day of the licensee's birth month. The amendment will function by changing every licensee's license expiration to the last day of their birth month. No comments were received concerning adoption of the rule. The amendment is adopted under Texas Civil Statutes, Article 41a-1, sec.6, which provide the Texas State Board of Public Accountancy with the authority to make such rules as may be necessary or advisable to carry in effect the purposes of the law; and sec.9, which authorizes the Board to issue licenses. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 12, 1994. TRD-9441128 William Treacy Executive Director Texas State Board of Public Accountancy Effective date: June 9, 1994 Proposal publication date: April 5, 1994 For further information, please call: (512) 505-5545 22 TAC sec.515.4 The Texas State Board of Public Accountancy adopts an amendment to sec.515. 4, without changes to the proposed text as published in the April 5, 1994, issue of the Texas Register (19 TexReg 2355). The amendment allows the board to significantly shorten and clarify the rule. The amendment will function as before but it should be easier to understand. No comments were received concerning adoption of the rule. The amendment is adopted under Texas Civil Statutes, Article 41a-1, sec.6, which provide the Texas State Board of Public Accountancy with the authority to make such rules as may be necessary or advisable to carry in effect the purposes of the law; and sec.9, which authorizes the Board to issue licenses. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 12, 1994. TRD-9441129 William Treacy Executive Director Texas State Board of Public Accountancy Effective date: June 9, 1994 Proposal publication date: April 5, 1994 For further information, please call: (512) 505-5545 22 TAC sec.515.5 The Texas State Board of Public Accountancy adopts an amendment to sec.515. 5, without changes to the proposed text as published in the April 5, 1994, issue of the Texas Register (19 TexReg 2355). The amendment allows rewriting of the rule for clarity and to change the licensing period to annually. The amendment will function by having a reinstatement licensing period consistent with all other licenses. No comments were received regarding adoption of the rule. The amendment is adopted under Texas Civil Statutes, Article 41a-1, sec.6, which provide the Texas State Board of Public Accountancy with the authority to make such rules as may be necessary or advisable to carry in effect the purposes of the law; and sec.9, which authorizes the Board to issue licenses. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 12, 1994. TRD-9441130 William Treacy Executive Director Texas State Board of Public Accountancy Effective date: June 9, 1994 Proposal publication date: April 5, 1994 For further information, please call: (512) 505-5545 22 TAC sec.515.8 The Texas State Board of Public Accountancy adopts an amendment to sec.515. 8, without changes to the proposed text as published in the April 5, 1994, issue of the Texas Register (19 TexReg 2355). The amendment allows an accurate licensing fee and a rule that should be easier to read. The amendment will function by issuing retired or disabled licenses for the same time period as all other licenses. No comments were received concerning adoption of the rule. The amendment is adopted under Texas Civil Statutes, Article 41a-1, sec.6, which provide the Texas State Board of Public Accountancy with the authority to make such rules as may be necessary or advisable to carry in effect the purposes of the law; and sec.9, which authorizes the Board to adopt rules pertaining to reduced license fees for retired and disabled licensees. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 12, 1994. TRD-9441122 William Treacy Executive Director Texas State Board of Public Accountancy Effective date: June 9, 1994 Proposal publication date: April 5, 1994 For further information, please call: (512) 505-5545 Chapter 523. Continuing Professional Education Continuing Professional Education Programs 22 TAC sec.523.2 The Texas State Board of Public Accountancy adopts an amendment to sec.523. 2, without changes to the proposed text as published in the April 5, 1994, issue of the Texas Register (19 TexReg 2357). The amendment allows some CPAs to be better able to serve their clients. The amendment will function by allowing CPAs to report and receive credit for advanced courses in foreign languages relating to accounting. No comments were received concerning adoption of the rule. The amendment is adopted under Texas Civil Statutes, Article 41a-1, sec.6, which provide the Texas State Board of Public Accountancy with the authority to make such rules as may be necessary or advisable to carry in effect the purposes of the law. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 12, 1994. TRD-9441132 William Treacy Executive Director Texas State Board of Public Accountancy Effective date: June 9, 1994 Proposal publication date: April 5, 1994 For further information, please call: (512) 505-5545 Mandatory Continuing Professional Education CPE Program 22 TAC sec.523.62 The Texas State Board of Public Accountancy adopts an amendment to sec.523. 62, without changes to the proposed text as published in the April 5, 1994, issue of the Texas Register (19 TexReg 2357). The amendment warns licensees that blanks on the reporting form will be read as zeros and clarifies the rule. The amendment will function as before but it will be clearer. No comments were received concerning adoption of the rule. The amendment is adopted under Texas Civil Statutes, Article 41a-1, sec.6, which provide the Texas State Board of Public Accountancy with the authority to make such rules as may be necessary or advisable to carry in effect the purposes of the law; and sec.15A, which authorizes the Board to issue rules on reporting of continuing professional education. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 12, 1994. TRD-9441131 William Treacy Executive Director Texas State Board of Public Accountancy Effective date: June 9, 1994 Proposal publication date: April 5, 1994 For further information, please call: (512) 505-5545 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. Texas Department of Human Services Chapter 48. Community Care for Aged and Disabled Eligibility 40 TAC sec.48.2904, sec.48.2924 The Texas Department of Human Services (DHS) adopts amendments to sec.48. 2904 and sec.48.2924, concerning eligibility, without changes to the proposed text as published in the March 29, 1994, issue of the Texas Register (19 TexReg 2189). The justification for the amendments is to exclude earned income tax credits from income and resources when determining eligibility for CCAD services. The amendments will function by no longer counting earned income tax credits when determining eligibility for CCAD services. No comments were received regarding adoption of the amendments. The amendments are adopted under the Human Resources Code, Title 2, Chapter 22, which provides the department with the authority to administer public assistance programs. The amendments implement the Human Resources Code, sec. sec.22.001-22.024. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 20, 1994. TRD-9441251 Nancy Murphy Section Manager, Policy and Document Support Texas Department of Human Services Effective date: July 1, 1994 Proposal publication date: March 29, 1994 For further information, please call: (512) 450-3765 TITLE 43. TRANSPORTATION Part I. Texas Department of Transportation Chapter 17. Vehicle Titles and Registration Dealers and Manufacturers Vehicle License Plates 43 TAC sec.17.71 The Texas Department of Transportation adopts an amendment to sec.17.71, without changes to the proposed text as published in the February 18, 1994, issue of the Texas Register (19 TexReg 1209). The amendment is necessary to clarify the notice to a motor vehicle dealer of a proposed amendment and/or proposed cancellation. The word proposed is being deleted before the words assessment and cancellation, thereby preventing any misunderstanding that the action may be informal and causing the dealers to be untimely in their responses or requests for conferences. House Bill 941, 73rd Legislature, 1993, amended the Texas Motor Vehicle Commission Code, Texas Civil Statutes, Article 4413(36), to authorize the Texas Motor Vehicle Board of the department and the Motor Vehicle Division to conduct hearings in contested cases brought pursuant to Texas Civil Statutes, Article 6686, and provided that the procedures applicable to such hearings, and a disposition of a final order of such hearings, are those applicable to a hearing conducted as provided by Texas Civil Statutes, Article 4413(36), sec.6. 07(e)(2). In order to comply with House Bill 941, sec.17.71, is further amended to provide that administrative hearings concerning civil penalties and cancellations of dealer licenses shall be held pursuant to the Texas Motor Vehicle Commission Code, and in accordance with rules adopted under 16 TAC sec.sec.101.5-101.14 and sec.sec.101.41-101.64. A public hearing was held on March 1, 1994, and no oral or written comments were received. The amended section is adopted under Texas Civil Statutes, Articles 6666, which provides 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 4413(36) , to authorize the Texas Motor Vehicle Board of the department and the Motor Vehicle Division to conduct hearings in contested cases brought pursuant to sec.6.07(e)(2) of this statute. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 19, 1994. TRD-9441161 Diane L. Northam Legal Executive Assistant Texas Department of Transportation Effective date: June 9, 1994 Proposal publication date: February 18, 1994 For further information, please call: (512) 463-8630