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 4. AGRICULTURE Part I. Texas Department of Agriculture Chapter 29. Texas Agricultural Diversification Program: Matching Grants 4 TAC sec.sec.29.2, 29.6, 29.8, 29.9, 29.11-29.13 The Texas Department of Agriculture (the department) adopts amendments to sec.sec.29.2, 29.6, 29.8, 29.9, and 29.11-29.13, concerning the administration, implementation, and procedure for participation in the Texas Department of Agriculture Matching Grants Program, without changes to the proposed text as published in the April 22, 1994, issue of the Texas Register (19 TexReg 3044). The amendments are adopted to provide for more efficient, cost-effective operation of the matching grants programs, enhancing the potential for generating and fostering new agricultural technologies and entities in Texas. The amendments delete references to the preproposal process and clarify procedures related to grant applications and approval. No comments were received regarding adoption of the amendments. The amendments are proposed under the Texas Agriculture Code, sec.12.016, which provides the Texas Department of Agriculture with general rule-making authority; the Texas Government Code, sec.2001.004, which requires that the department adopt rules of practice stating the nature and requirements of all available formal and informal procedures; and Texas Agriculture Code, sec.44. 002, which provides that the commissioner shall create an agricultural diversification program. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 31, 1994. TRD-9441613 Dolores Alvarado Hibbs Chief Administrative Law Judge Texas Department of Agriculture Effective date: June 22, 1994 Proposal publication date: April 22, 1994 For further information, please call: (512) 463-7583 4 TAC sec.29.10 The Texas Department of Agriculture (the department) adopts the repeal of sec.29.10, concerning the preproposal process for matching grants under the department's Agricultural Diversification Matching Grants Program, without changes to the proposed text as published in the April 22, 1994, issue of the Texas Register (19 TexReg 3045). The repeal is adopted to provide greater efficiency and cost-effectiveness to the grant applications process. The repeal deletes references to the preproposal process. No comments were received regarding adoption of the repeal. The repeal is adopted under the Texas Agriculture Code, sec.12.016, which provides the Texas Department of Agriculture with general rule-making authority; the Texas Government Code, sec.2001,004, which requires that the department adopt rules of practice stating the nature and requirements of all available formal and informal procedures; and Texas Agriculture Code, sec.44. 002, which provides that the commissioner shall create an agricultural diversification program. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 31, 1994. TRD-9441612 Dolores Alvarado Hibbs Chief Administrative Law Judge Texas Department of Agriculture Effective date: June 22, 1994 Proposal publication date: April 22, 1994 For further information, please call: (512) 463-7583 TITLE 16. ECONOMIC REGULATION Part IV. Texas Department of Licensing and Regulation Chapter 74. Elevators, Escalators and Related Equipment 16 TAC sec.sec.74.10, 74.80, 74.100 The Texas Department of Licensing and Regulation adopts amendments to sec.sec.74.10, 74.80 and 74.100, concerning elevators, escalators and related equipment, without changes to the proposed text as published in the April 29, 1994, issue of the Texas Register (19 TexReg 3220). The amendments add a definition of annual inspection, lower the fee for a seal crimping tool and require test tags to be dated annually. The amendments clarify existing rules and increase public safety. No comments were received regarding adoption of the amendments. The amendments are adopted under the Health and Safety Code, Chapter 754, which provides the Texas Department of Licensing and Regulation with the authority to promulgate and enforce a code of rules and take all action necessary to assure compliance with the intent and purposes of the Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 31, 1994. TRD-9441572 Jack W. Garison Executive Director Texas Department of Licensing and Regulation Effective date: June 21, 1994 Proposal publication date: April 29, 1994 For further information, please call: (512) 463-7357 Part IX. Texas Lottery Commission Chapter 401. Administration of the State Lottery Act Subchapter E. Retailer Rules 16 TAC sec.401.367 The Texas Lottery Commission adopts new sec.401.367, concerning minimum ticket sales criteria, with changes to the proposed text as published in the April 1, 1994, issue of the Texas Register (19 TexReg 2256). The new section works to generate more revenue for the State of Texas by ensuring that on-line ticket terminals are placed with Lottery sales agents who have a higher volume of ticket sales. The new sections requires that Lottery sales agents maintain ticket sales as provided in the minimum ticket sales criteria established by the Texas Lottery Commission's Executive Director. The Texas Lottery Commission did not receive any comments regarding the proposed rule. However, changes have been made based on discussions between the Lottery Commissioners during the Commission meeting at which this rule was adopted. The purpose of the changes is to ensure consistency with the State Lottery Act and to give the Executive Director discretion regarding placing a sales agent on probation. The new section is adopted under the Texas Government Code, sec.466.015, which provides the Texas Lottery Commission with the authority to adopt all rules necessary to administer the State Lottery Act and Texas Government Code, sec.446.151, which grants authority to the director to license as a sales agent each person the director believes will best serve the public interest. sec.401.367. Minimum Ticket Sales Criteria. (a) Lottery sales agents must maintain minimum ticket sales in accordance with the minimum ticket sales criteria established by the Executive Director. Sales agents who do not maintain minimum ticket sales in accordance with such criteria may be placed in a sales review probation period unless good cause exists as determined by the Executive Director. Such probation period shall be a period of eight weeks. An additional probation period of up to eight weeks may be granted for good cause. After the sales agent's probation period has expired, the sales agent's sale of lottery tickets during the probation period shall be reviewed. If the sales agent has not maintained the minimum ticket sales in accordance with the minimum ticket sales criteria during such probation period, the agency's staff shall initiate proceedings to suspend or revoke the sales agent's license, or, remove the on-line terminal, if applicable. (b) The minimum ticket sales criteria established by the Executive Director shall be provided to the Lottery's sales agents at least 30 days prior to implementation of such minimum ticket sales criteria. 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 27, 1994. TRD-9441507 Kimberly L. Kiplin General Counsel Texas Lottery Commission Effective date: June 17, 1994 Proposal publication date: April 1, 1994 For further information, please call: (512) 323-3791 Subchapter G. Lottery Security 16 TAC sec.401.501 The Texas Lottery Commission adopts new sec.401.501 concerning the security for the lottery, without changes to the proposed text as published in the April 1, 1994, issue of the Texas Register (19 TexReg 2256). The rule sets out the requirements for security at the Lottery, including the development of an internal security plan. The purpose of the internal security plan is to preserve the integrity and security of the Lottery. The effect of the adopted rule is to establish the guidelines for security at the Lottery. No comments were received regarding adoption of the new section. The new section is adopted under the Texas Government Code, sec.466.015, which provides the Texas Lottery Commission with the authority to adopt rules governing the security for the lottery. 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 27, 1994. TRD-9441506 Kimberly L. Kiplin General Counsel Texas Lottery Commission Effective date: June 17, 1994 Proposal publication date: April 1, 1994 For further information, please call: (512) 323-3791 TITLE 22. EXAMINING BOARDS Part XII. Board of Vocational Nurse Examiners Chapter 235. Licensing Application for Licensure 22 TAC sec.235.3 The Board of Vocational Nurse Examiners adopts new sec.235.3, concerning Application for Licensure, without changes to the proposed text as published in the April 26, 1994, issue of the Texas Register (19 TexReg 3129). The rule is adopted for renumbering purposes. No comments were received regarding adoption of the new section. The new section is adopted under Texas Civil Statutes, Article 4528c, sec.5(f), which provide the Board of Vocational Nurse Examiners with the authority to make such rules and regulations as may be necessary to carry in effect the purpose 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 27, 1994. TRD-9441528 Marjorie A. Bronk, R.N., M.S.H.P. Executive Director Board of Vocational Nurse Examiners Effective date: June 17, 1994 Proposal publication date: April 26, 1994 For further information, please call: (512) 835-2071, Ext. 203 22 TAC sec.235.4 The Board of Vocational Nurse Examiners adopts the repeal of sec.235.4, concerning Application for Licensure as published in the April 26, 1994, issue of the Texas Register (19 TexReg 3129). The repeal of this rule is for renumbering purposes and to adopt new sec.235. 4. No comments were received regarding adoption of the repeal. The new section is adopted under Texas Civil Statutes, Article 4528c, sec.5(f), which provides the Board of Vocational Nurse Examiners with the authority to make such rules and regulations as may be necessary 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 27, 1994. TRD-9441527 Marjorie A. Bronk, R.N., M.S.H.P. Executive Director Board of Vocational Nurse Examiners Effective date: June 17, 1994 Proposal publication date: April 26, 1994 For further information, please call: (512) 835-2071, Ext. 203 Part XXVI. Texas Board of Licensure for Professional Medical Physicists Chapter 601. Medical Physicists 22 TAC sec.sec.601.2, 601.7, 601.14-601.16 The Texas Board of Licensure for Professional Medical Physicists (Board) with the approval of the Texas Department of Health (department) adopts amendments to sec.sec.601.2, 601.7, 601.14, 601.15 and 601.16 concerning licensed medical physicists and temporary licensed medical physicist, without changes to the proposed text as published in the February 11, 1994, issue of the Texas Register (19 TexReg 1005). The amendments add a new definition for upper division semester hour credits; expand the full-time work experience date for licensure without examination; add a passing score for the examination taken by out-of-state applicants; define deceptive advertising; and add a criminal conviction related to the profession of medical physicists. The following comment was received concerning the proposed amendments. COMMENT: Concerning sec.601.14(m), a commenter suggested that the phrase "each contractor, employer or client" be changed to "each contractor, employer or client in Texas". RESPONSE: The board does not accept the comment for rule changes. The board acknowledges that the rules are only enforceable in the State of Texas. The commenter was an individual who was generally in favor of the rules but suggested a change of language as mentioned previously. The amendments are adopted under the Texas Medical Physics Practice Act, Texas Civil Statutes, Article 4512n, sec.11, which requires the Texas Board of Licensure for Professional Medical Physicists to adopt rules, with the approval of the Texas Department of Health, that are reasonably necessary for the proper performance of its duties under the Texas Medical Physics Practice Act (Act). These sections implement the Texas Medical Physics Practice Act, Texas Civil Statutes, Article 4512n. 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 Austin, Texas, on June 1, 1994. TRD-9441602 Susan K. Steeg General Counsel, Office of General Counsel Texas Department of Health Effective date: June 22, 1994 Proposal publication date: February 11, 1994 For further information, please call: (512) 834-6655 TITLE 25. HEALTH SERVICES Part I. Texas Department of Health Chapter 5. Grants and Contracts Contracts for Regional Poison Control Centers 25 TAC sec.sec.5.51-5.59 The Texas Department of Health (department) and the Advisory Commission on State Emergency Communications (commission) jointly adopt new sec.sec.5.51-5. 59 concerning criteria for funding the Texas Poison Control Network. Sections 5.51, 5.53-5.57, and 5.59 are adopted with changes to the proposed text as published in the March 15, 1994, issue of the Texas Register (19 TexReg 1766). Sections 5.52 and 5.58 are adopted without changes and will not be republished. The rules establish the criteria for funding the six regional sites that will comprise the Texas Poison Control Network. The rules explain the relationship of the Poison Control Coordinating Committee to the department and the commission; require the adoption of a statewide telecommunications network plan; require each regional poison control center to develop an operations plan; provide procedures for application for funding; establish criteria for funding and contracting requirements; and assign to the six sites geographic regions for delivery of poison control services. The rules will provide that the six sites receive periodic funding from the department to provide poison control services in accordance with Health and Safety Code, Chapter 777. A summary of comments received and the department's and commission's responses are as follows. COMMENT: Concerning the proposed rules in general, one commenter expressed concerns that West Texas has particular needs in terms of types of poison exposures, the presence of non-English speaking people, the importance of poison services in rural areas where medical care is not readily available, and the presence of drugs and products from Mexico. The commenter expressed his concern that the law be implemented to its fullest degree. RESPONSE: The department and the commission agree that poison services are needed in West Texas and that the proposed rules provide a mechanism to implement a network to serve all of the people of Texas. The proposed rules provide the flexibility for each center to develop areas of expertise based upon its region. In addition, the law provides that poison services will be made available to persons who do not speak English. There are currently private companies that provide translation services in most languages. COMMENT: Concerning sec.5.51(a), five commenters suggested that language be added to clarify that grants would be awarded to "each of the six designated poison control centers." RESPONSE: The department and the commission disagree with the comment, since the centers that are eligible to apply for funding are designated in sec.5.52 of the proposed rules. COMMENT: Concerning sec.5.51(a)(2), five commenters suggested that the advice and recommendations of the poison control coordinating committee be "made directly" to the department and the commission. The commenters also objected to the procedure that requires the poison control coordinating committee to submit advice and recommendations to the subject matter committees of the governing bodies of the department and the commission rather than to the full bodies. RESPONSE: The department and the commission disagree with the comment and believe the subsection as proposed directs that written communication is required to be sent to the respective committees of each governing board. Each governing body has an established internal structure for conducting its business, and the proposed rules recognize the existing committee structures in each. COMMENT: Concerning sec.5.51(d), five commenters suggested that the terms "network" and "system" are used interchangeably in the proposed rules and neither are defined. The commenters suggest that an appropriate definition be included that utilizes the American Association of Poison Control Center's (AAPCC) guidelines for 24-hour coverage and would require each center to meet the certification criteria of the AAPCC. RESPONSE: The department and the commission agree that the terms "network" and "system" are used inconsistently in the proposed rules. "Network" is the preferred term and will be used throughout the rules. Since its usual definition applies, there is no need to include a separate definition. The department and the commission disagree with the need to include a definition of 24-hour coverage and believe that sec.5.56(a)(3) adequately addresses AAPCC certification standards. COMMENT: Concerning sec.5.53, six commenters suggested that subsection (b) be deleted and that subsection (a) be amended to read that the department and the commission shall adopt a statewide telecommunications operations plan that shall be in accordance with other features as appropriate, e.g. staffing needs. RESPONSE: The department and the commission disagree with the comment. The network will be need to be phased in since not all six sites are currently operational. The purpose of the network telecommunications plan is to implement the requirement that each poison control center (poison control answering point) be linked to the state 9-1-1 system (public safety answering point) in accordance with Health and Safety Code, sec.777.002(b). COMMENT: Concerning sec.5.54, six commenters suggested that proposed staffing be for 24-hour operations in accordance with the standards of the AAPCC's. RESPONSE: The department and the commission disagree and believe that sec.5. 56(a)(3) adequately addresses AAPCC certification standards. COMMENT: Concerning sec.5.55, a commenter suggested that the title be changed to "Procedures for Requests for Funding" to more appropriately identify the section. RESPONSE: The department and the commission agree with the comment and have revised the proposed rules to change the title from "Procedures for Requests for Services" to "Procedures for Requests for Funding." COMMENT: Concerning sec.5.55(a), a commenter suggested that the provision concerns the contract and should be moved to sec.5.57(a). In addition, the commenter suggested that the disbursement of funds be monthly to be in accordance with state fiscal policies. RESPONSE: The department and the commission agree with the comment and have revised the proposed rules by moving sec.5.55(a) to the end of sec.5.57(a) and revising the language to reflect that disbursements will be made on a monthly basis. The remaining subsections in sec.5.55 have been renumbered accordingly. The department's standard reimbursement procedure allows an initial one-time advance equalling two months operating costs and thereafter, the contractor is reimbursed monthly. The advance funds must be liquidated during the last two months of the contract term. COMMENT: Concerning proposed sec.5.55(d), six commenters suggested that the language be changed to use the word "shall" to require the proposal for contract be submitted. RESPONSE: The department and the commission disagree with the comment. There may be circumstances for which an applicant fails to meet the eligibility or funding criteria. In such instances, there would be no proposal for contract. COMMENT: Concerning proposed sec.5.55(d)(2), one commenter suggested that the execution date of the contract be no later than August 31 to coincide with the end of the state fiscal year. RESPONSE: The department and the commission agree with the comment and have revised the final rule in sec.5.55(c)(2) to reflect that contracts must be executed no later than August 31. COMMENT: Concerning proposed sec.5.55(e), a commenter suggested that this section deals with contract requirements, and therefore it should be moved under sec.5.57 concerning "Contracts." RESPONSE: The department and the commission agree with the comment and have revised the final rule by moving proposed sec.5.55(e) to adopted sec.5.57(f). COMMENT: Concerning proposed sec.5.55(e), one commenter suggested that centers that were not fully operational could not send reports in electronic form. RESPONSE: The department and the commission disagree that this requirement cannot be met by the centers. The proposed rule allows flexibility in the interpretation of "electronic form", and the centers will be able to work with the department on transitional methods of data delivery. COMMENT: Concerning sec.5.56(a)(3), one commenter suggested that there must be an assurance of adequate funding in the future for personnel in order to work toward certification. RESPONSE: The department and the commission disagree that the proposed rules need to address prospective funding issues. The Texas Legislature meets biennially and can change the law and the agencies' appropriations. COMMENT: Concerning sec.5.56(b)(2), one commenter suggested that the centers cannot develop a budget without knowing what the proposed telecommunications and information systems will be, and if the centers will have uniform capabilities. RESPONSE: The department and the commission disagree that the proposed rules will not allow the centers to develop an operations budget. Based upon regional population, the centers will be able to project potential call volume based upon data developed by the American Association of Poison Control Centers. The department and the commission are working collaboratively to develop the statewide telecommunications network plan. The intent of this proposed rule was to enunciate an assumption that the goal of the network will be to have uniformity whenever possible in using information and telecommunication technology. COMMENT: Concerning sec.5.56(b)(3), one commenter suggested that each center must have 24-hour operations to meet certification requirements. RESPONSE: The department and the commission disagree on the basis that Health and Safety Code, Chapter 777, does not require that each center be certified. COMMENT: Concerning sec.5.56(b)(4), one commenter suggested that the language be changed to state that each center "will be funded." RESPONSE: The department and the commission disagree on the basis that Health and Safety Code, Chapter 777, requires that funding be awarded only on the basis of criteria developed by the department and the commission. COMMENT: Concerning sec.5.57(e), a commenter suggested that the state should fund no more than what the state reimburses for allowable travel expenses. The commenter recognized that some institutions may reimburse travel at rates less than the state. RESPONSE: The department and the commission agree with the comment and have revised the last sentence of the proposed rule sec.5.57(e) to read "Reimbursement for travel shall not exceed the rates that apply in the travel regulations of the State of Texas." The poison control centers may have internal travel rates which are lower than the State of Texas travel rates, and this change clarifies that the department will fund a lower rate that may be used by the institutions establishing the poison control centers. Minor editorial changes were made for clarification purposes. The following provided comments on the proposed rules. Botanical Research Institute of Texas, Inc.; Dallas Zoo; El Paso Poison Control Steering Committee; El Paso Pharmaceutical Association; Environmental Protection Agency-Region 6; Northwest Texas Healthcare System; Parkland Memorial Hospital; Presbyterian Hospital of Dallas-Hyperbaric Medicine Unit; River Legacy Foundation; Thomason Hospital; University of Texas Health School of Public Health (El Paso); University of Texas at El Paso; University of Texas Southwestern Medical Center at Dallas; Jose R. Villescas, Jr., R.Ph.; and department staff. While none of the commenters were against the rules in their entirety, they expressed concerns, questions, and made recommendations. Twenty-one commenters were for the rules as proposed. The new sections are adopted under the Health and Safety Code, Chapters 771 and 777, which requires the department and the commission to adopt rules to establish funding criteria for poison control centers; and Health and Safety Code, sec.12.001, which provides the Texas Board of Health with authority to adopt rules for the performance of every duty imposed by law on the Texas Board of Health, the Texas Department of Health, and the Commissioner of Health. sec.5.51. General Program Information. (a) Authority. The Health and Safety Code, Chapter 777, provides the Texas Department of Health (department) and the Advisory Commission on State Emergency Communications (commission) with the authority to establish a program to award grants to fund a network of regional poison control centers. (1) Purpose and task. The purpose and task of the Poison Control Coordinating Committee (PCCC) is to assist and provide professional and technical recommendations and advice to the department and commission in undertaking the duties and responsibilities relating to the Health and Safety Code, Chapter 777. More specifically, the PCCC shall advise the department and commission regarding the development, adoption and implementation of policies and rules, and the imposition and allocation of poison control surcharge revenues in accordance with the poison control provisions of the Health and Safety Code, Chapters 771 and 777 and these sections. (2) Advice and recommendations. The advice and recommendations of the PCCC regarding such matters shall be provided to the department and the commission in writing, in the following fashion. (A) In accordance with departmental organization, advice and recommendations to the department shall be referred to the Texas Board of Health through the Health and Clinical Services Committee, or any similar committee officially established for such purposes by the Texas Board of Health. (B) In accordance with commission organization, advice and recommendations to the commission shall be referred to the commission through the commission's poison control committee, or any similar committee officially established for such purposes by the commission. (b) Objective. The objectives of the program described in this section are to: (1) promote public safety and injury prevention through well coordinated poison control activities within the State of Texas; (2) provide information and educational programs for communities and health care professionals; (3) provide poison prevention education; (4) provide technical assistance to state agencies requesting toxicology assistance; and (5) provide consultation services concerning medical toxicology. (c) Scope. These sections describe contracts and grants available to poison control centers and procedures for awarding such contracts and grants. (d) Definitions of terms and abbreviations. The following words, terms, and abbreviations, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1) AAPCC-American Association of Poison Control Centers. (2) Commission-The Advisory Commission on State Emergency Communications. (3) Department-The Texas Department of Health. (4) PCAP-Poison Control Answering Point; also referred to as Designated Regional Poison Control Center for the State. (5) PCCC-Poison Control Coordinating Committee. (6) PSAP-Public Safety Answering Point. (7) State Fiscal Year-A period of time which begins September 1 of a given year and ends August 31 of the following year. (8) UG&CMS-Uniform Grant and Contract Management Standards, consisting of a set of rules set forth in 1 Texas Administrative Code, Chapter 5, Subchapter A, promulgated pursuant to the Uniform Grant and Contract Management Act, Government Code, sec.783. sec.5.53. State Network Operations Plan. (a) The Advisory Commission on State Emergency Communications (commission) and the Texas Department of Health (department) shall adopt a statewide telecommunications network plan. The plan may establish phased implementation of the network. (b) The plan shall consider the following: (1) uniform statewide 800-service availability for community and professional access for poison information and referral; (2) direct access from Public Safety Answering Points (PSAP) to Poison Control Answering Points (PCAP) for emergency calls; and (3) other features as appropriate and identified by this section. sec.5.54. Poison Control Answering Point (PCAP) Operations Plan. To be eligible for operational funding, a PCAP shall develop an operations plan that includes, but may not be limited to, the following: (1) a five-year strategic plan; (2) an assessment of regional needs; (3) proposed staffing for operations as needed to insure statewide 24-hour access to the poison control network; (4) a community education plan; and (5) a professional education plan. sec.5.55. Procedures for Requests for Funding. (a) The Texas Department of Health (department) shall mail to each Poison Control Answering Point (PCAP) a request for services for funding no later than January 1st of each contract expiration year. Each PCAP will return to the department a response to the funding request no later than June 1st following receipt. (b) Requests for funding must comply with all requirements of the Uniform Grant and Contract Management Standards. (c) Based upon the criteria for funding, the department and the Advisory Commission on State Emergency Communications (commission) shall prepare a proposal for contract with a PCAP. The proposal for contract may be submitted to the PCAP no later than July 1st of each year. (1) The PCAP may request reconsideration by submitting a request in writing to the department within 15 days of receipt of the proposal. The commission and the department shall review the request and make their final decision on the award no later than August 1st. (2) Each PCAP shall execute a contract with the department for funding no later than August 31st. sec.5.56. Criteria for Funding. (a) Criteria. The criteria for funding Poison Control Answering Points (PCAP) must consider: (1) the need of the region based on population served for poison control services and the extent to which the grant would meet the identified need; (2) the assurance of providing quality service; (3) that the PCAP is working towards achieving and/or maintaining certification as a poison control center with the American Association of Poison Control Centers (AAPCC); (4) the availability of other funding sources; (5) the maintenance of effort; and (6) the development or existence of telecommunications systems. (b) General funding assumptions. (1) The centers will be configured as a network. (2) To the extent practical, telecommunications and information systems shall be uniform statewide for each PCAP consistent with the statewide telecommunications network plan. (3) Staffing shall be configured to provide 24-hour access to poison control services for each PCAP region through a statewide network. (4) All six designated PCAPs will be considered for initiation or operational funding on or before September 1, 1994. (5) The Advisory Commission on State Emergency Communications (commission), the Texas Department of Health (department) and the Poison Control Coordinating Committee (PCCC) shall work together with the AAPCC to certify the statewide poison control network and/or individual centers as required. (c) Amendment of criteria. These criteria assumptions are subject to amendment by the commission and the department upon advice from the PCCC. (d) Request for reimbursement. Poison centers may submit requests for funding of costs accrued for searches and hiring of initial personnel. Monies available prior to September 1, 1994, shall be disbursed in accordance with sec.5.57 of this title (relating to Contracts). sec.5.57. Contracts. (a) Poison Control Answering Points (PCAP) must execute contracts with the Texas Department of Health (department) to receive funding. These contracts are governed by the Uniform Grant and Contract Management Standards (UG&CMS), 1 Texas Administrative Code, sec.sec.5. 141-5.167. The contract period shall be for one year. Disbursement shall be monthly. (b) Budget categories for funding shall be as follows: (1) personnel; (2) fringe benefits; (3) travel; (4) capital expenditures; (5) supplies; (6) contractual services; and (7) other. Other types of expenses shall include, but not be limited to the following: (A) rent; (B) printing and publications; (C) maintenance and repairs; (D) communications; (E) postage and mailing; (F) utilities; (G) dues and subscriptions; (H) public education; (I) training; and (J) janitorial services. (c) The guidelines established by the American Association of Poison Control Centers (AAPCC) will be considered in the distribution of personnel among the centers. (d) Fringe benefits shall be granted upon the prevailing rate of the PCAP institution. (e) Travel shall include expenses of PCAP staff for training and educational purposes, and the travel of PCAP staff for community and professional education activities. Reimbursement for travel will not exceed the rates that apply in the travel regulations of the State of Texas. (f) Each funded PCAP shall have and maintain daily poison reporting data consistent with the American Association of Poison Control Centers (AAPCC) data collection standards and legislative reporting requirements. To the extent practical, PCAPs shall utilize similar management information network standards of compatibility. Quarterly reports of medically-attended poisonings shall be sent in electronic form to the department. The PCAPs shall adhere to the provisions the Health and Safety Code, Chapter 84, relating to reporting confirmed or suspected acute occupational pesticide poisonings. 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 Austin, Texas, on June 1, 1994. TRD-9441596 Susan K. Steeg General Counsel, Office of General Counsel Texas Department of Health Effective date: June 22, 1994 Proposal publication date: March 15, 1994 For further information, please call: (512) 458-7236 Chapter 14. County Indigent Health Care Program The Texas Department of Health (department) adopts amendments to sec.14. 103 and sec.14.104, the repeal of sec.14.109, and amendments to sec.14.203 and sec.14.204 without changes to the proposed text as published in the February 11, 1994, issue of the Texas Register (19 TexReg 1006). These amendments are being adopted to comply with Chapter 61, Health and Safety Code, the Indigent Health Care and Treatment Act, which specifies that the standards and procedures must be consistent with the standards and procedures used to determine eligibility in the AFDC-Medicaid program. Section 14.103 is amended to delete a reference to "a male parent" that was adopted in error. Section 14.104 language is changed to state that the monthly maximum income standards will correspond to the current AFDC recognizable needs amounts for the household's size. Currently the actual dollar amounts used for the maximum monthly income standards are published in sec.14.109 which is being repealed, therefore the actual dollar amounts will no longer be included. Section 14.203 is amended to correspond to new payment methodology in Medicaid. Section 14.204 is amended to delete a reference to Medicare that is in error. No comments were received on the proposed amendments or the repeal during the comment period. Subchapter B. Determining Eligibility 25 TAC sec.14.103, sec.14.104 The amendments are adopted under Chapter 61 of the Health and Safety Code and Chapters 22 and 32 of the Human Resources Code. The authority to administer the County Indigent Health Care Program was transferred to the Texas Department of Health under Chapter 15, sec.1.07, Acts of the 72nd Legislature, First Called Session (1991). 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 Austin, Texas, on June 1, 1994. TRD-9441597 Susan K. Steeg General Counsel, Office of General Counsel Texas Department of Health Effective date: June 22, 1994 Proposal publication date: February 11, 1994 For further information, please call: (512) 338-6458 25 TAC sec.14.109 The repeal is adopted under Chapter 61 of the Health and Safety Code and Chapters 22 and 32 of the Human Resources Code. The authority to administer the County Indigent Health Care Program was transferred to the Texas Department of Health under Chapter 15, sec.1.07, Acts of the 72nd Legislature, First Called Session (1991). 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 Austin, Texas, on June 1, 1994. TRD-9441598 Susan K. Steeg General Counsel, Office of General Counsel Texas Department of Health Effective date: June 22, 1994 Proposal publication date: February 11, 1994 For further information, please call: (512) 338-6458 Subchapter C. Providing Services 25 TAC sec.14.203, sec.14.204 The amendments are adopted under Chapter 61 of the Health and Safety Code and Chapters 22 and 32 of the Human Resources Code. The authority to administer the County Indigent Health Care Program was transferred to the Texas Department of Health under Chapter 15, sec.1.07, Acts of the 72nd Legislature, First Called Session (1991). 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 Austin, Texas, on June 1, 1994. TRD-9441599 Susan K. Steeg General Counsel, Office of General Counsel Texas Department of Health Effective date: June 22, 1994 Proposal publication date: February 11, 1994 For further information, please call: (512) 338-6458 Chapter 98. HIV and STD Control 25 TAC sec.98.23, sec.98.31 The Texas Department of Health (department) adopts amendments to sec.98.23 and sec.98.31, without changes to the proposed text as published in the March 8, 1994, issue of the Texas Register (19 TexReg 1627). The sections cover AIDS/HIV service providers under the Texas HIV Services Grant Program. Specifically, the sections cover client complaints, internal reconsideration, and due process requirements; and investigation of public complaints. The amendments are adopted to specify due process requirements for complaints involving clinical or direct client care. The amendments ensure that clients receive quality clinical care and that the evaluation of complaints relating to direct clinic care be performed by department staff with clinical expertise. One commenter expressed the clinic staff support of the proposed rule change and stated in the response that the change would improve client care. The commenter was Valley Pediatric Subspeciality Clinic in Pharr, Texas. The amendments are adopted under the Health and Safety Code, sec.85.016 and sec.85.032, which provide the Texas Board of Health with the authority to adopt rules concerning state grant programs; and sec.12.001, which provides the Texas Board of Health with the authority to adopt rules for the performance of every duty imposed by law on the Texas Board of Health, the Texas Department of Health, and the Commissioner of Health. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued Austin, Texas, on June 1, 1994. TRD-9441600 Susan K. Steeg General Counsel, Office of General Counsel Texas Department of Health Effective date: June 22, 1994 Proposal publication date: March 8, 1994 For further information, please call: (512) 458-7463 Chapter 143. Medical Radiologic Technologists 25 TAC sec.sec.143.4, 143.7, 143.10, 143.11, 143.14 The Texas Department of Health (department) adopts amendments to sec.sec.143. 4, 143.7, 143.10, 143.11 and 143.14, concerning the certification of medical radiologic technologists. Sections 143.10 and 143.11 are adopted with changes to the proposed text as published in the February 11, 1994, issue of the Texas Register (19 TexReg 1008). Sections 143.4, 143.7, and 143.14 are adopted without changes and will not be republished. The sections update the procedures for late renewal of a certificate, allow a technologist to convert a general certificate to a limited certificate, allow more continuing education credits to be earned in the "indirectly related" category, and strengthen the rules relating to violations for which disciplinary actions are authorized. The following comments were received concerning the proposed sections. COMMENT: One commenter recommended correcting the wording of the phrase, "date of origin approval letter" in sec.143.10(b)(1). RESPONSE: The department agrees and has corrected the wording. COMMENT: Concerning sec.143.10(f), a commenter recommended that wording be added to clarify the expiration date of a certificate which is renewed late and that a technologist who had not earned continuing education would not be eligible for a 120-day certificate under subsection (e)(7) of this section. RESPONSE: The department agrees with the concerns. Wording has been added to subsection (f)(1) and (f)(1)(C) clarifying the expiration of a certificate issued under the late renewal procedures and clarifying that a technologist applying for late renewal without having completed the required continuing education is not eligible for renewal or a 120-day certificate. COMMENT: One comment was received from an individual in favor of the amendments to sec.143.10. RESPONSE: No changes were requested. COMMENT: Concerning sec.143.11(i), a commenter recommended that wording be added in paragraphs (3) and (4) to clarify the rules. RESPONSE: The department agrees with the comment and has added the wording. One individual provided the comment in favor of the rules. The remaining comments were from staff. The amendments are adopted under Texas Civil Statutes, Article 4512m, sec.2. 05, which provide the Texas Board of Health with the authority to adopt rules concerning the regulation and certification of medical radiologic technologists; and the Health and Safety Code, sec.12.001, which provides the Texas Board of Health with authority to adopt rules for the performance of every duty imposed by law on the Texas Board of Health, the Texas Department of Health, and the commissioner of health. The sections implement the Medical Radiologic Technologist Certification Act, Texas Civil Statutes, Article 4512m. sec.143.10. Certificate Issuance, Renewals and Late Renewals. (a) Purpose. The purpose of this section is to set out the rules for issuing certificates (limited or general) and temporary certificates (limited or general) and certificate renewal. (b) Issuance of certificates. (1) The Texas Department of Health (department) shall send each applicant whose application has been approved for a general or limited certificate a form to complete and return with the prorated certification fee. Failure to pay the fee requested within 60 days of the date of the original approval letter shall result in the application being invalidated. (2) -(3) (No change.) (c)-(e) (No change.) (f) Late renewals. (1) A person whose certificate has expired for not more than one year may renew the certificate by submitting to the department the completed renewal form, completed continuing education report forms (if required), the renewal fee, and the late renewal fee. A certificate issued under this subsection shall expire two years from the date the previous certificate expired, not including a 120-day certificate issued in accordance with subsection (e)(7) of this section. (A) If the certificate has been expired for 90 days or less, the person may renew the certificate by paying the one to 90-day late renewal fee. (B) If the certificate has been expired for over 90 days but not more than one year, the person may renew the certificate by paying the 91-day to one year late renewal fee. (C) The person must comply with the continuing education requirements for renewal as set out in sec.143.11 of this title (relating to Continuing Education Requirements) before the late renewal is effective. The person is not eligible for a 120-day certificate as described in subsection (e)(7) of this section. (2) The late renewal is effective if it is mailed to the department or personally delivered by the MRT or LMRT or his/her agent to the department not more than one year after certificate expiration. If mailed, the postmark date shall be considered the date of mailing. A postage metered date is not considered as a postmark. A certificate not renewed within one year after expiration cannot be renewed. (3) A person whose certificate has expired may not administer a radiologic procedure during the one-year period in violation of the Act. A person may not use a title that implies certification while the certificate is expired. (4) A person whose certificate has been expired for more than one year may apply for another certificate by meeting the then-current requirements of the Act and this chapter which apply to all new applicants. (g)-(h) (No change.) sec.143.11. Continuing Education Requirements. (a)-(b) (No change.) (c) Content. All continuing education activities should provide for the professional growth of the technologist. (1)-(2) (No change.) (3) No more than 50% of the required number of hours may be satisfied by completing or participating in learning activities which are indirectly related to radiologic technology. For the purpose of the section, indirectly related topics include, but are not limited to, patient care, computer science, computer literacy, introduction to computers or computer software, physics, human behavioral sciences, mathematics, communication skills, public speaking, technical writing, management, administration, accounting, ethics, adult education, medical sciences, and health sciences. Other courses may be accepted for credit provided there is a demonstrated benefit to patient care. (d)-(g) (No change.) (h) Activities unacceptable as continuing education. The department shall not grant credit for: (1)-(5) (No change.) (6) learning activities indirectly related to radiologic technology which exceed 50% of the contact hour requirement as set out in subsection (c)(3) of this section; (7)-(11) (No change.) (i) Failure to complete the required continuing education. (1) An MRT or LMRT who has failed to complete the requirements for continuing education may be granted a 120-day certificate as described in sec.143.10(e)(7) of this title (relating to Certificates, Renewals, and Late Renewals). The 120- day extension is the maximum that shall be granted and there will be no exceptions, nor may an additional extension period be granted. (2) (No change.) (3) An MRT or LMRT who has not corrected the deficiency by the expiration date of the 120-day certificate shall be considered as non-compliant with the renewal requirements and may no longer perform radiologic procedures under the expired certificate. (4) The person may renew late under sec.143.10(f) of this title (relating to Certificates, Renewals, and Late Renewals). (j)-(k) (No change.) This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued Austin, Texas, on June 1, 1994. TRD-9441601 Susan K. Steeg General Counsel, Office of General Counsel Texas Department of Health Effective date: June 22, 1994 Proposal publication date: February 11, 1994 For further information, please call: (512) 834-6617 TITLE 28. INSURANCE PART I. TEXAS DEPARTMENT OF INSURANCE Chapter 5. Property and Casualty Insurance Subchapter B. Insurance Code, Chapter 5, Subchapter B Rules to Implement the Omnibus Health Care Rescue Act's Reduction In Certain Professional Liability Insurance Premiums 28 TAC sec.sec.5.1301-5.1309 The Texas Department of Insurance adopts amendments to sec.sec.5.1301-5.1309. Section 5.1301 and sec.5.1308 are adopted with changes to the proposed text as published in the March 18, 1994, issue of the Texas Register (19 TexReg 1889). Sections 5.1302-5.1307 and sec.5.1309 are adopted without changes and will not be republished. The amendments to sec.sec.5.1301-5.1309 implement the amendments to the Insurance Code, Article 5.14-4, occasioned by the 73rd Legislature, 1993. The amendments clarify and define the scope of those persons and entities entitled to a reduction in professional liability insurance premiums; add criteria allowing health clinics to receive a premium discount for professional liability coverage; revise the definition of medical malpractice claims as defined by Section 110.001 of the Civil Practice and Remedies Code; and clarify the required data collection and reporting requirements. Two changes were made to sec.5.1301 and are as follows: in the first line of sec.5.1301 the terms defined were changed to read "[as] used in sec.sec.5.1301 through 5.1309" rather than "sec.sec.5.1302-5.1309" because those terms defined are also used to define other terms in sec.5.1301; and clarification of the definition of "insurer". The effective date for the new annual data collection forms and instructions was changed in sec.5.1308 from April 1, 1994, as published in the Texas Register to July 1, 1994. This change was necessary to permit sufficient time for reporting after adoption of the amendments. The amendments provide orderly and efficient procedures for determining which persons and entities qualify for health care liability insurance premium reductions. The amendments add criteria allowing health clinics to receive a premium discount for health care liability coverage and revise the definition of medical malpractice claims. Section 5.1301 defines the terms used throughout the sections. Section 5.1302 specifies the filing requirements with the Texas Department of Insurance that participating insurers must fulfill. Section 5.1303 addresses the amount of premium discount that health care providers may receive. Section 5.1304 specifies the qualifications that health care professionals, health centers and health clinics must meet to be entitled to a discount. Section 5.1305 specifies the requirements for requesting a premium discount. Section 5.1306 provides the procedures for auditing health care professionals, health centers and health clinics and specifies the penalties for failure to meet the statutory requirements. Section 5.1307 addresses the provisions governing the insurers right to cancel or non renew policies. Section 5.1308 specifies new data collection and reporting requirements. Section 5.1309 specifies the date which the funding for the program will expire unless renewed by the legislature. No comments were received regarding adoption of the amendments. The amendments are adopted under the Insurance Code, Articles 5.15-4, 1.02, 1.03A, and 1.04C and the Government Code, sec.2001.004, et seq. Article 5.15-4 authorizes the State Board of Insurance to adopt rules to carry out the purposes of this article which relates to the reduction of certain professional liability insurance premiums as specified within the article. This authority is interpreted to be delegated to the Commissioner of Insurance under Article 1.02 of the Insurance Code, as amended by the 73rd Texas Legislature in House Bill 1461, which provides that a reference in the Insurance Code or another insurance law to the State Board of Insurance means the Commissioner of Insurance or the Texas Department of Insurance, as consistent with the respective powers and duties of the Commissioner and the Department under Article 1.02. Article 1.03A provides that the Commissioner of Insurance may adopt rules and regulations, which must be for general and uniform application, for the conduct and execution of the duties and functions of the Texas Department of Insurance only as authorized by a statute. Article 1.04C of the Insurance Code, as enacted in House Bill 1461, requires the Commissioner of Insurance to develop and implement policies that provide the public with a reasonable opportunity to appear before the Commissioner and to speak on any issue under the Commissioner's jurisdiction. The Government Code, sec.2001.004 et seq. (Administrative Procedure Act) authorizes and requires each state agency to adopt rules of practice setting forth the nature and requirement of available procedures and to prescribe the procedures for adoption of rules by a state agency. sec.5.1301. Definitions. The following words and terms, when used in sec.sec.5.1301-5.1309 of this title (relating to Insurer Filing Requirements; Determination of Premium Discount Amount; Qualifications for Premium Discount; Request for Premium Discount; Audit and Penalty Provisions; Prohibitions and Sanctions on Insurers; Data Collection and Reporting Requirements; and Expiration), shall have the following meanings, unless the context clearly indicates otherwise. Act-The Omnibus Health Care Rescue Act (Insurance Code, Article 5.15-1, sec.3 and sec.4B, and Article 5.15-4). Charity care or services-Care or services provided by a health care professional, health center, or health clinic under: (A) Chapters 31, 32, 35, or 61, Health and Safety Code; (B) the Medicaid program under Human Resources Code, Chapter 32; (C) a contract with a migrant, community, or homeless health center that receives funds under 42 United States Code, sec.sec.254b, 254c, or 256; (D) Subchapter B, Chapter 311, Health and Safety Code, or 42 United States Code, sec. 1395dd, to the extent the professional or the hospital in which the care or services are provided is not compensated; (E) an approved family practice residency training program established under Subchapter I, Chapter 66, Education Code, to the extent the professional is not compensated for the services; (F) an indigent health care program of a hospital district created under the authority of Article IX, Sections 4 through 11, of the Texas Constitution; or (G) a county correctional institution health care program for inmates who are in the custody of such county correctional institution operated by such county or under contract with such county. Eligible health care liability claim-A health care liability claim as defined in the Medical Liability and Insurance Improvement Act of Texas (Texas Civil Statutes, Article 4590i) against a health care professional or health clinic that renders charity care in at least 10% of the patient encounters engaged in by said health care professional or health clinic during the policy year in which the claim was made, or a claim against a health center or against a health care professional who participates in a Medicaid managed care project established under the Human Resources Code, sec.32.041. For the purpose of implementing the provisions of the Act, the Texas Department of Insurance has interpreted an eligible health care liability claim as being made when the alleged negligent act or omission resulting in a claim arose. Health care professional-A person who is either: (A)-(B) (No change.) (C) recognized by the Board of Medical Examiners as a physician assistant; or (D) a health care professional who participates in a Medicaid managed care project established under the Human Resources Code, sec.32.041. Health center-A federally qualified health center, as that term is defined by 42 United States Code, sec.1396d. Health clinic-A clinic or other facility providing health care in conjunction with an approved family residency practice program. Insurer-Any one of the following entities: (A) an insurance company chartered to write or admitted to write and writing health care liability or medical professional liability insurance in Texas; (B) (No change.) (C) any self-insurance trust created under the Insurance Code, Chapter 21, Subchapter E, Article 21.49-4, to provide health care liability or medical professional liability insurance; (D) a purchasing group domiciled, registered, and writing health care liability or medical professional liability insurance for health centers in the state; or (E) an institution of higher education that provides health care liability or medical professional liability coverage under the Education Code, Chapter 59. Health care liability claim-A claim or action against a health care professional, health center, or health clinic for treatment, lack of treatment, or other claimed departure from accepted standards of medical care or health care or safety which proximately results in injury to or death of a patient, without regard to whether said claim or action is based upon tort or contract principles. Patient encounter -An occasion on which a health care professional, health center, or health clinic renders professional health care services to a patient. For the purposes of implementing the provisions of the Act, the Texas Department of Insurance has interpreted a patient encounter to be as provided in subparagraphs (A) and (B) of this definition. A telephone consultation with or about the patient is not considered a patient encounter. A patient encounter is as follows: (A) a face to face visit with the patient; or (B) a consultative service with or about the patient which is recorded in the patient's chart. sec.5.1308. Data Collection and Reporting Requirements. (a) Each insurer shall submit to the Texas Department of Insurance, by the 31st day of January of each year, information for the prior 12-month period regarding participation and claims for all insureds that have applied for or received a premium reduction under the provisions of the Act. Such information shall be submitted on TDI FORM PLR-93 adopted by the Texas Department of Insurance. The Department hereby adopts and incorporates herein by reference for annual data collection TDI FORM PLR-93 and instructions effective July 1, 1994. TDI FORM PLR-93 and instructions, which medical malpractice insurers shall use in complying with this section, are available from the Texas Department of Insurance, Professional Liability, Mail Code 104-2B, Box 149104, Austin, Texas 78714-9104. (b) The Texas Department of Insurance shall, at least annually, publish reports summarizing the aggregate data reported on TDI FORM PLR-93 and shall make these summary reports available to the public. 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 31, 1994. TRD-9441577 D. J. Powers Legal Counsel to the Commissioner Texas Department of Insurance Effective date: June 21, 1994 Proposal publication date: March 18, 1994 For further information, please call: (512) 463-6327 TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part III. Texas Youth Commission Chapter 87. Treatment Program Planning 37 TAC sec.87.29 The Texas Youth Commission (TYC) adopts an amendment to sec.87.29, concerning independent living preparation, without changes to the proposed text as published in the April 19, 1994, issue of the Texas Register (19 TexReg 2897). The justification for the amendment is that TYC will provide more efficient documentation of TYC youth participating in independent living preparation programs. The amendment will define how TYC youth receiving primary services or supplemental services are counted. No comments were received regarding adoption of the amendment. The amendment is adopted under the Human Resources Code, sec.61.076, which provides the Texas Youth Commission with the authority to place youth in programs it deems appropriate. The proposed rule implements the Human Resource Code, sec.61.034. 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 24, 1994. TRD-9441482 Steve Robinson Executive Director Texas Youth Commission Effective date: June 17, 1994 Proposal publication date: April 19, 1994 For further information, please call: (512) 483-5244 Chapter 93. General Provisions Records, Reports and Forms 37 TAC sec.93.75 The Texas Youth Commission (TYC) adopts new sec.93.75, concerning population management, without changes to the proposed text as published in the April 22, 1994, issue of the Texas Register (19 TexReg 3048). The justification for amending the section is to provide more efficient management of TYC population and increase safety for youth and staff. The new rule will allow for immediate movement of committed delinquent youth from Texas Youth Commission maximum restriction facilities to high restriction facilities to relieve overpopulation which creates a high possibility of danger to youth and staff. No comments were received regarding adoption of the new section. The new section is adopted under the Human Resources Code, sec.61.075, which provides the Texas Youth Commission with the authority to order the child's confinement under conditions it believes is best designed for the child's welfare and the interests of the public. The proposed rule implements the Human Resource Code, sec.61.034. 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 24, 1994. TRD-9441481 Steve Robinson Executive Director Texas Youth Commission Effective date: June 17, 1994 Proposal publication date: April 22, 1994 For further information, please call: (512) 483-5244 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part XV. Texas Veterans Commission Chapter 451. Veterans County Service Officers Accreditation 40 TAC sec.451.1, sec.451.3 The Texas Veterans Commission adopts new sec.451.1 and sec.451.3 concerning definitions and general provisions, with changes to the proposed text as published in the March 24, 1994, issue to the Texas Register (19 TexReg 2190). The new sections are justified because they will provide for additional training for Texas Veterans County Service Officers thereby allowing them to receive accreditation and present claims to the Department of Veterans Affairs on behalf of veterans and their dependents and survivors in the name of the Texas Veterans Commission. The new sections will function by allowing Veterans County Service Officers to participate in the Agency's Accreditation Program to receive accreditation to present claims in the name of the Texas Veterans Commission. Several grammatical and other nonsubstantive changes have been made to the rules for clarity. Several comments were received from Texas Veterans County Service Officers regarding the adoption of the new section. In general the comments were supportive of the proposed rules. The Vice President of the Veteran County Service Officers Association of Texas voiced the Association's strong support for the rules and opined that this would strengthen the relationship between the Association and the Commission by enhancing the delivery of services to Texas veterans and their dependents. Several indicated they wanted accreditation for the purpose of certification of dependency documents only. This can be accomplished with the formulation and publication of the procedures to implement the adopted rules. One Texas Veterans County Service Officer was concerned about any liability the county would incur. It is the Commission's understanding that the County Service Officer and County may not have any more nor less liability than it currently may have. A comment was received requesting that the Commission pay if there are additional costs for any additional training required for accreditation. This is a procedural issue, which will be addressed according to the availability of funds, i.e., if Commission funds are available they may be used for this purpose. A comment was received indicating accreditation should be optional to all County Service Officers. Accreditation is optional to County Service Officers who meet eligibility requirements. A comment was received indicating a concern that testing for accreditation would be conducted only at the Commission Fall Conference. The final rule allows the Commission to conduct testing at other than just the Fall Conference. Some expressed concern over the 1,000 hour requirement. This is not a Texas Veterans Commission or State requirement. This is a federal law as set forth in 38 Code of Federal Regulation sec.14.629. One County Service Officer (CSO) who is accredited with the National Association of County Veterans Service Officers (NACVSO) recommended that a provision be made to grant accreditation on a reciprocal basis with the NACVSO. Another CSO who is also accredited with the NACVSO feels that CSO's who choose to attend the Annual NACVSO's Conference may, because of budgetary constraints, skip one of the TVC semi annual conferences. This would reduce the CSO's exposure to personal and professional networking advantages as well as restricting the CSO's exposure to TVC training. Notwithstanding a CSO's affiliation or accreditation with the NACVSO's by Federal law, the Commission is responsible for ensuring that every CSO considered for accreditation with the TVC meets certain criteria. In the Commission's view, this responsibility can most clearly be met by requiring CSO's who desire to be accredited to receive accreditation training, testing and mentoring from the TVC. A comment was received concerning pay equalization between county and state employees which is beyond the scope of this proposal. A comment was received concerning separate training periods and different levels of training. Periods of training can be addressed in procedures implementing the adopted rules. The new sections are adopted under the Government Code, sec.434.010, which authorizes the Texas Veterans Commission to adopt rules for administration. Section 434.007(3)(5)(6) gives the Commission authority to assist veterans in presenting federal claims and allows the Commission to cooperate with all government bodies to secure services and benefits. sec.451.1. Definitions. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. Accreditation-Recognition by the United States Department of Veterans Affairs of representatives, attorneys, and agents to represent claimants. Accredited Representative of the Texas Veterans Commission-A representative of the Texas Veterans Commission approved by the Secretary for the preparation, presentation and prosecution of claims under laws administered by the Secretary. Certified-Having met the requirements of sec.450.3 of this title (relating to General Provisions) for "certification". Commission-The Texas Veterans Commission which is a "recognized organization" by the United States Department of Veterans Affairs. Credit Hour-Unit of measuring credit earned for attending a number of classroom periods at a Commission training conference. Initial training -Introductory training provided to defined in Chapter 450 of this title (relating to Certificate of Training). Officer-Veterans County Service Officer or Assistant Veterans County Service County Commissioners Court. Recognized organization -An organization certified by the United States Department of Veterans Affairs to represent claimants. Representative-Person who has been recommended by a recognized organization and accredited by the United States Department of Veterans Affairs. Secretary-The Secretary of the United States Department of Veterans Affairs. Training conference -Classroom training sponsored and conducted by the Commission. sec.451.3. General Provisions. (a) All officers shall be provided a copy of information concerning accreditation by the Commission when information is received indicating an appointment has been made by a County Commissioners Court. (b) Officers must meet the following minimum standards as set forth in 38 Code of Federal Regulation sec.14.629 for consideration to be an accredited representative of the Commission: (i) is a paid employee of the county working for it not less than 1,000 hours annually; (ii) has successfully completed a course of training and an examination which have been approved by the VA District Counsel within the State; and (iii) will receive annual training to assure continued qualification as a representative in the claim process. (c) Io be an accredited representative of the Texas Veterans Commission, the officer must be currently certified by the Commission under the provisions of sec.450.3 of this title (relating to General Provisions) and have attained at least 24 credit hours after completion initial training. (d) Officer must submit a formal written request for accreditation to the Commission, which will review the application for eligibility. (e) Credit hours may not be earned by attending training sponsored or conducted by organizations other than the Commission. (f) Examinations for accreditation and to maintain accreditation will be administered annually by the Commission at a location(s) and time(s) designated by the Commission. (g) The officer must agree to follow procedures promulgated by the Commission. (h) When all criteria have been met by the officer, the Commission will request accreditation from the United States Department of Veterans Affairs via VA Form 2-21. (i) To maintain accreditation, an officer must successfully complete an annual proficiency exam and be certified under the provisions of sec.450.3 of this title. (j) Inquiries concerning accreditation shall be directed to and answered by the chief of information and training of the Commission. Disputes shall be reviewed and a decision rendered by the chief of information and training. Disputes which remain unresolved shall be referred to the executive director of the Commission or the executive director's designee(s). The decision of the executive director or the executive director's designees(s) shall be final. (k) The executive director of the Commission or the executive director's designee(s) may revoke the accreditation upon termination of the officer from the office or as otherwise deemed appropriate. 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 27, 1994. TRD-9441560 Douglas K. Brown Executive Director Texas Veterans Commission Effective date: June 21, 1994 Proposal publication date: May 24, 1994 For further information, please call: (512) 463-5538