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 7. BANKING AND SECURITIES Part I. Finance Commission of Texas Chapter 3. Banking Section Subchapter A. Securities Activities and Subsidiaries 7 TAC sec.3.4 The Finance Commission of Texas (the Commission) adopts an amendment to sec.3.4, concerning foreign banking, without changes to the proposed text as published in the April 29, 1994, issue of the Texas Register (19 TexReg 3205). Section 3.4 was originally adopted by the Commission in 1985 to permit state banks to engage in foreign banking as allowed for national banks, in an effort to achieve competitive equality in the dual banking system. The language of the rule in fact tracks the language used in 12 United States Code sec.601, the provision authorizing national banks to engage in foreign banking. However, in connection with the recent passage of the North American Free Trade Agreement (NAFTA), questions have arisen regarding the interpretation of sec.3.4(a)(2) and whether it overrides the 10% investment limitation of Texas Civil Statutes, Article 342-513(a)(1). Terms used in the rule and the statute are similar but not identical because the rule tracks federal law without regard to terms used in the state statute, leading to some confusion. Specifically, a person has questioned whether sec.3.4(a)(2) authorizes an investment of up to 25% of a state nonmember bank's capital and surplus in a foreign bank subsidiary as would be permitted by the Federal Deposit Insurance Corporation (the FDIC), 12 Code of Federal Regulations, sec.347.4. National banks (and state member banks) are not subject to any percentage limitation as the Board of Governors of the Federal Reserve System (the Fed) apparently chose to restrict and regulate specific activities rather than limit the amount of investment, 12 Code of Federal Regulations, Part 211, Subpart A. In any event, a state nonmember bank would be required to obtain FDIC approval to invest in a foreign bank, and would be subject to the FDIC investment limitation. A state member bank would be subject to Fed activity restrictions. The purpose of sec.3.4 is to facilitate foreign banking by state banks to the extent permitted by federal banking regulators, and the adopted amendment to sec.3.4 should forward that purpose. The amendment to sec.3.4 clarifies that the investment limitations of Article 342-513(a)(1) do not apply to investments authorized by the section, broadens the Commissioner's discretion, forwards the original purpose of the rule, and facilitates the implementation of NAFTA. The Texas Bankers Association submitted a letter expressing no opposition to the proposed amendment. The amendment is adopted under Texas Civil Statutes, Article 342-113(4), which provide the Commission with the authority to promulgate general rules and regulations to permit state banks to transact their affairs in any manner which they could do were they organized and operating as national banks. 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 June 21, 1994. TRD-9442821 Everette D. Jobe General Counsel State Finance Commission Effective date: July 13, 1994 Proposal publication date: April 29, 1994 For further information, please call: (512) 475-1300 Subchapter B. General 7 TAC sec.3.21 The Finance Commission of Texas (the Commission) adopts the repeal of sec.3.21, concerning the exemption of vehicles (automobiles) owned by the Texas Department of Banking (the Department) from state vehicle identification requirements and the use and operation of exempt vehicles, without changes to the proposed text as published in the April 29, 1994, issue of the Texas Register (19 TexReg 3205). Pursuant to Senate Bill 1, 70th Legislature, Second Called Session (General Appropriations Act), the Legislature provided that none of the funds appropriated could be used by the Department "for the purchase and/or maintenance of any additional or replacement automobiles during the biennium." The biennium was for the period from September 1, 1987 to August 31, 1989. Subsequent appropriations acts have contained the same prohibition. Further, Senate Bill 1, as enacted by the 70th Legislature, provided that it was the intent of the Legislature that the Department's fleet of vehicles be "phased out over a period not to exceed three years, and that the agency begin reimbursing its personnel on a standard mileage basis." The Department has completed this phase-out process and no longer owns any automobiles or other vehicles. As there is no longer an underlying statutory basis for sec.3.21, it should be repealed. The repeal will eliminate obsolete provisions from the Texas Administrative Code. The Texas Bankers Association submitted a letter expressing no opposition to the proposed repeal. Repeal of this section is adopted pursuant to the Banking Code, Article 342- 103, which gives the Commission the authority to "adopt rules and determine general policies for the regulation of state banks, state associations, savings banks, and the consumer credit industry of the state." 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 June 21, 1994. TRD-9442822 Everette D. Jobe General Counsel State Finance Commission Effective date: July 13, 1994 Proposal publication date: April 29, 1994 For further information, please call: (512) 475-1300 7 TAC sec.3.27 The Finance Commission of Texas (the Commission) adopts the repeal of sec.3.27 concerning the enforcement of final judgment against state banks, without changes to the proposed text as published in the April 29, 1994, issue of the Texas Register (19 TexReg 3206). Section 3.27, effective January 12, 1988, provided that no attachment, injunction or execution against a state bank or its property would be effective if issued before a final judgment. This rule has been codified in the Banking Code, Article 342-609, effective June 16, 1989, which provides that no attachment, injunction, or execution issued on or after September 1, 1989 shall be enforced against a financial institution until all appeals have been exhausted or foreclosed by law. As sec.3.27 has been superseded by the Banking Code, Article 342-609, which covers the same subject matter, sec.3.27 should be repealed. The repeal will eliminate a rule that is duplicative of a statutory provision. The Texas Bankers Association submitted a letter expressing no opposition to the proposed repeal. The repeal is adopted pursuant to the Banking Code, Article 342-103, which authorizes the Commission to "adopt rules and determine general policies for the regulation of state banks, state associations, savings banks, and the consumer credit industry in the state." 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 June 21, 1994. TRD-9442823 Everette D. Jobe General Counsel State Finance Commission Effective date: July 13, 1994 Proposal publication date: April 29, 1994 For further information, please call: (512) 475-1300 7 TAC sec.3.33 The Finance Commission of Texas (the Commission) adopts the repeal of sec.3.33, concerning notice and processing times for certain applications by banks and trust companies, without changes to the proposed text as published in the April 29, 1994, issue of the Texas Register (19 TexReg 3206). Section 3.33 contained provisions regarding notice and processing times for foreign bank agencies which would be more appropriately located in Subchapter C of this chapter. Accordingly, the Commission has adopted a new sec.3.45 in this issue of the Texas Register that establishes notice and processing times for foreign bank agency applications. In addition, sec.3.33 included notice and processing times for applications other than those to engage in a business. Because such applications do not fall within the parameters of Texas Government Code, sec.2005.003 and sec.2005.006, provisions in sec.3.33 relating to them are not required by law and should be repealed. The repeal of sec.3.33 will eliminate burdensome requirements that are unnecessary under law. The Texas Bankers Association submitted a letter expressing no opposition to the proposed repeal. The repeal is adopted pursuant to the rulemaking authority under Texas Government Code, sec.2005.003, which requires a state agency that issues permits to "adopt procedural rules for processing permit applications and issuing permits," and pursuant to the Texas Banking Code, Article 342-103, which gives the Commission the authority to "adopt rules and determine general policies for the regulation of state banks, state associations, savings banks, and the consumer credit industry of the state." 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 June 21, 1994. TRD-9442824 Everette D. Jobe General Counsel State Finance Commission Effective date: July 13, 1994 Proposal publication date: April 29, 1994 For further information, please call: (512) 475-1300 7 TAC sec.3.36 The Finance Commission of Texas (the Commission) adopts the repeal of sec.3.36, concerning the operation of banks and trust companies under the same conditions as national banks, without changes to the proposed text as published in the April 29, 1994, issue of the Texas Register (19 TexReg 3207). Section 3.36 was adopted effective March 26, l992 in order to resolve the potential conflict between Article XVI, sec.16(c) of the Constitution of the State of Texas which provides, in part, that state banks shall have "the same rights and privileges that are or may be granted to national banks of the United States" domiciled in Texas and the Banking Code, Article 342-910a, which established mandatory legal holidays for state banks and trust companies. National banks are permitted to close or remain open on any state designated holiday unless the Comptroller of the Currency directs otherwise by written order, and the purpose of sec.3.36 was to put state banks in parity with national banks in terms of holiday closings. The Banking Code, Article 342-910a, was repealed effective September 1, 1993. As there are no longer mandatory state bank holidays, sec.3.36 should be repealed. The repeal will eliminate obsolete provisions from the Texas Administrative Code. The Texas Bankers Association submitted a letter expressing no opposition to the proposed repeal. The repeal is adopted pursuant to the Banking Code, Article 342-103, which authorizes the Commission to "adopt rules and determine general policies for the regulation of state banks, state associations, savings banks, and the consumer credit industry in the state." 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 June 21, 1994. TRD-9442825 Everette D. Jobe General Counsel State Finance Commission Effective date: July 13, 1994 Proposal publication date: April 29, 1994 For further information, please call: (512) 475-1300 Subchapter C. Foreign Bank Agencies 7 TAC sec.3.45 The Finance Commission of Texas adopts new sec.3.45, concerning notice and processing times for license applications by foreign bank agencies, without changes to the proposed text as published in the April 29, 1994, issue of the Texas Register (19 TexReg 3207). Existing sec.3.33, which contains similar information, is repealed in this issue of the Texas Register. Adopted sec.3.45 incorporates those portions of sec.3.33 which pertain to foreign bank agencies, clarifies and corrects them as necessary, and places the new provisions with other rules on foreign bank agencies. The Texas Bankers Association submitted a letter expressing no opposition to the proposed section. The new section is adopted pursuant to the rulemaking authority under Texas Government Code, sec.2005.003, which requires a state agency that issues permits to adopt procedural rules for processing permit applications and issuing permits. 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 June 21, 1994. TRD-9442826 Everette D. Jobe General Counsel State Finance Commission Effective date: July 13, 1994 Proposal publication date: April 29, 1994 For further information, please call: (512) 475-1300 Chapter 4. Currency Exchange 7 TAC sec.4.1 The Finance Commission of Texas adopts the repeal of sec.4.1, concerning the issuance of provisional licenses under the Currency Exchange Act, Texas Civil Statutes, Article 350 (the Act), without changes to the proposed text as published in the April 29, 1994, issue of the Texas Register (19 TexReg 3208). Section 4.1, effective March 26, 1992, provided that the Banking Commissioner of Texas (the Commissioner) may grant a provisional license to any person who has filed a completed application with the Department of Banking on or before December 31, 1991. It also allowed the Commissioner to issue a provisional license to any person who makes a good faith effort to comply with the Act. The purpose of this section was to allow the Commissioner to issue provisional licenses to businesses already in operation as of the effective date of the Act, January 1, 1992, to prevent disruption or interruption of the activities of these businesses and the services they provided to the public. The Act has been in effect for more than two years. The purpose served by this section has been fulfilled and no provisional licenses are in effect at this time. Section 4.1 is therefore repealed to eliminate obsolete and potentially confusing regulation. No comments were received regarding the proposed repeal. The repeal is adopted pursuant to Texas Civil Statutes, Article 350, sec.7, which authorizes the Finance Commission to adopt rules necessary to implement Article 350. 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 June 21, 1994. TRD-9442831 Everette D. Jobe General Counsel State Finance Commission Effective date: July 13, 1994 Proposal publication date: April 29, 1994 For further information, please call: (512) 475-1300 7 TAC sec.4.7 The Finance Commission of Texas adopts an amendment to sec.4.7, concerning bonding requirements under the Currency Exchange Act, Texas Civil Statutes, Article 350 (the Act), without changes to the proposed text as published in the April 29, 1994, issue of the Texas Register (19 TexReg 3208). Pursuant to the Act, sec.10, the Banking Commissioner of Texas (the Commissioner) is required to determine the appropriate level of bonding for a licensee. Existing sec.4.7 was adopted to set forth the method for setting bond amounts under the Act, and subsection (e) provided that the Commissioner will review the bond amount each year when the license is renewed, or at any time after there is a change in the manner in which the licensee conducts business or a change in the ownership or management of the licensee's business. Experience has proven that the Commissioner needs the flexibility, in situations where licensees have underestimated or understated their volume of business, to change the required amount of the bond to ensure the public is adequately protected in the event of a violation of law or a defalcation by a licensee. The section as amended gives the Commissioner the power to reset or adjust the required bond amount during or subsequent to an examination of a licensee or after a review of the quarterly reports submitted by a licensee, if the bond is found to be inadequate based on findings of the examination or review of the quarterly reports. No comments were received on the proposal. The amendment is adopted under Texas Civil Statutes, Article 350, sec.7, which require the Commission to adopt rules necessary to implement Article 350, and under sec.10, which gives the Commissioner the power to set the bond amount. 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 June 21, 1994. TRD-9442832 Everette D. Jobe General Counsel State Finance Commission Effective date: July 13, 1994 Proposal publication date: April 29, 1994 For further information, please call: (512) 475-1300 Part II. Banking Department of Texas Chapter 11. Miscellaneous General 7 TAC sec.11.27 The Texas Commissioner of Banking and the Finance Commission adopts new sec.11.27, to establish procedures and fees for inspection and photocopying of public records under the Texas Government Code, Chapter 552, commonly known as the Texas Open Records Act, without changes to the proposed text as published in the April 29, 1994, issue of the Texas Register (19 TexReg 3211). Pursuant to Acts 1993, 73rd Legislature, Chapter 428, sec.5, and amendments to the Government Code, Chapter 552 made therein (see text following Government Code sec.552.261), each agency must adopt rules specifying its charges in an effort to recover the agency's full cost of providing copies of public records. Adoption of sec.11.27 accomplishes this objective. Standard size copies of public records will cost $0.10 for each page, to which is added postage or delivery charges. For copies of more than 50 pages, or if more than 30 minutes must be spent redacting confidential information to prepare the records for public release, personnel charges of $15 per hour of time spent on the request will be added. Regardless of the number of copies, if more than 30 minutes must be spent redacting confidential information to prepare the records for public release, a $3.00 per hour overhead charge plus $0.50 per minute of computer time will be added to copy, personnel, and delivery charges. No comments were received. The new rule is adopted under the provisions of Acts 1993, 73rd Legislature, Chapter 428, and Government Code, sec. sec.552.230, 552.261, and 552.263, which authorize the agency to promulgate reasonable rules of procedure under which public records may be inspected efficiently, safely and without delay, and which require the agency to prescribe rules specifying the charges the agency will make for copies of public records. 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 June 21, 1994. TRD-9442833 Everette D. Jobe General Counsel Banking Department of Texas Effective date: July 13, 1994 Proposal publication date: April 29, 1994 For further information, please call: (512) 475-1300 Chapter 13. Practice and Procedures The Finance Commission of Texas (the Commission ) adopts the repeal of sec.sec.13.1-13.12, 13.21-13.26, 13.31-13.35, 13.41-13.44, 13.51-13.55, 13.61- 13. 71, 13.81-13.89, 13.101-13.106, and 13.121-13.131 (the entirety of Chapter 13 of Title 7), concerning practice and procedure before the Commission and the Banking Commissioner, without changes to the proposed text as published in the May 3, 1994, issue of the Texas Register (19 TexReg 3313). The sections are repealed as part of a comprehensive revision and recodification of all Commission, State Banking Board, Banking Commissioner, and Department of Banking practice and procedure rules related to matters regulated by the Department of Banking. This revision and recodification will result in the deletion of some sections, the adoption of new sections, and the revision and reenactment of other sections with new section numbers assigned. The repeal is necessary to permit adoption of and avoid conflict with the new sections for Chapter 13 of Title 7, adopted in this issue of the Texas Register. No comments were received on the proposed repeal. Subchapter A. Hearing Procedures General Provisions 7 TAC sec.sec.13.1-13.12 The repeals are adopted under Government Code, sec.2001.004(1), which requires all administrative agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures. 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 June 21, 1994. TRD-9442834 Everette D. Jobe General Counsel Banking Department of Texas Effective date: July 13, 1994 Proposal publication date: May 3, 1994 For further information, please call: (512) 475-1300 The Finance Commission of Texas (the Commission) adopts new sec.sec.13.1-13.20 (Subchapter A), sec.sec.13.50-13.56 (Subchapter B), and sec.sec.13. 101-13.103 (Subchapter C), concerning practice and procedure before the Commission, the Banking Commissioner, and the Texas Department of Banking, without changes to the proposed text as published in the May 3, 1994, issue of the Texas Register (19 TexReg 3314). However, two references to the Department of Banking were changed to refer to the Department to conform to the use of defined terms. The sections are being adopted as part of a comprehensive revision and recodification of all Commission, Banking Commissioner, State Banking Board, and Department of Banking practice and procedure rules related to matters regulated by the Department of Banking. This revision and recodification will result in the deletion of some sections, the adoption of new sections, and the revision and reenactment of others with new section numbers assigned. Existing sec.sec.13.1-13.12, 13.51-13.55, and 13.101-13.103 are repealed, together with the remainder of Chapter 13 of Title 7, in this issue of the Texas Register. The sections set forth modern administrative procedure and incorporate the provisions of Government Code, Chapter 2001 (the Administrative Procedure Act), where feasible, in order to maintain flexibility and adaptability in future years. The most noticeable enhancement is perhaps the incorporation of the methods of discovery from the Texas Rules of Civil Procedure. Subchapter A. Hearing Procedures 7 TAC sec.sec.13.1-13.20 The new sections are adopted under Government Code, sec.2001.004(1) and sec.2001.021(b), which requires all administrative agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures and to adopt rules regarding petitions for adoption of rules. 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 June 21, 1994. TRD-9442835 Everette D. Jobe General Counsel Banking Department of Texas Effective date: July 13, 1994 Proposal publication date: May 3, 1994 For further information, please call: (512) 475-1300 Pleadings 7 TAC sec.sec.13.21-13.26 The repeals are adopted under Government Code, sec.2001.004(1), which requires all administrative agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures. 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 June 21, 1994. TRD-9442836 Everette D. Jobe General Counsel Banking Department of Texas Effective date: July 13, 1994 Proposal publication date: May 3, 1994 For further information, please call: (512) 475-1300 Parties 7 TAC sec.sec.13.31-13.35 The repeals are adopted under Government Code, sec.2001.004(1), which requires all administrative agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures. 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 June 21, 1994. TRD-9442837 Everette D. Jobe General Counsel Banking Department of Texas Effective date: July 13, 1994 Proposal publication date: May 3, 1994 For further information, please call: (512) 475-1300 Prehearing Procedures 7 TAC sec.sec.13.41-13.44 The repeals are adopted under Government Code, sec.2001.004(1), which requires all administrative agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures. 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 June 21, 1994. TRD-9442838 Everette D. Jobe General Counsel Banking Department of Texas Effective date: July 13, 1994 Proposal publication date: May 3, 1994 For further information, please call: (512) 475-1300 Subchapter B. Appeals to Finance Commission 7 TAC sec.sec.13.50-13.56 The new sections are adopted under Government Code, sec.2001.004(1) and sec.2001.021(b), which requires all administrative agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures and to adopt rules regarding petitions for adoption of rules. 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 June 21, 1994. TRD-9442839 Everette D. Jobe General Counsel Banking Department of Texas Effective date: July 13, 1994 Proposal publication date: May 3, 1994 For further information, please call: (512) 475-1300 Discovery 7 TAC sec.sec.13.51-13.55 The repeals are adopted under Government Code, sec.2001.004(1), which requires all administrative agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures. 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 June 21, 1994. TRD-9442840 Everette D. Jobe General Counsel Banking Department of Texas Effective date: July 13, 1994 Proposal publication date: May 3, 1994 For further information, please call: (512) 475-1300 Hearings 7 TAC sec.sec.13.61-13.71 The repeals are adopted under Government Code, sec.2001.004(1), which requires all administrative agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures. 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 June 21, 1994. TRD-9442841 Everette D. Jobe General Counsel Banking Department of Texas Effective date: July 13, 1994 Proposal publication date: May 3, 1994 For further information, please call: (512) 475-1300 Evidence 7 TAC sec.sec.13.81-13.89 The repeals are adopted under Government Code, sec.2001.004(1), which requires all administrative agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures. 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 June 21, 1994. TRD-9442842 Everette D. Jobe General Counsel Banking Department of Texas Effective date: July 13, 1994 Proposal publication date: May 3, 1994 For further information, please call: (512) 475-1300 Proposal for Decision and Orders 7 TAC sec.sec.13.101-13.106 The repeals are adopted under Government Code, sec.2001.004(1), which requires all administrative agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures. 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 June 21, 1994. TRD-9442843 Everette D. Jobe General Counsel Banking Department of Texas Effective date: July 13, 1994 Proposal publication date: May 3, 1994 For further information, please call: (512) 475-1300 Subchapter C. Rulemaking 7 TAC sec.sec.13.101-13.103 The new sections are adopted under Government Code, sec.2001.004(1) and sec.2001.021(b), which requires all administrative agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures and to adopt rules regarding petitions for adoption of rules. 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 June 21, 1994. TRD-9442844 Everette D. Jobe General Counsel Banking Department of Texas Effective date: July 13, 1994 Proposal publication date: May 3, 1994 For further information, please call: (512) 475-1300 Subchapter B. Appeals to Finance Commission 7 TAC sec.sec.13.121-13.131 The repeals are adopted under Government Code, sec.2001.004(1), which requires all administrative agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures. 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 June 21, 1994. TRD-9442846 Everette D. Jobe General Counsel Banking Department of Texas Effective date: July 13, 1994 Proposal publication date: May 3, 1994 For further information, please call: (512) 475-1300 Chapter 17. Rulemaking The Finance Commission of Texas (the Commission ) adopts the repeal of sec.sec.17.1-17.4 and 17.11-17.16 (the entirety of Chapter 17 of Title 7), concerning rulemaking procedures, without changes to the proposed text as published in the May 3, 1994, issue of the Texas Register (19 TexReg 3319). The sections are generally considered unnecessary because Government Code, sec.2001.021 et seq, provides comparable requirements regarding rulemaking procedures. Further, the sections are repealed as part of a comprehensive revision and recodification of all Commission, State Banking Board, Banking Commissioner, and Department of Banking practice and procedure rules related to matters regulated by the Department of Banking. This revision and recodification will result in the deletion of some sections, the adoption of new sections, and the revision and reenactment of other sections with new section numbers assigned. No sections have been proposed for Chapter 17 of Title 7 and the chapter will be reserved for future use. The repeal is necessary to permit adoption of and avoid conflict with the new sections for Chapter 13 of Title 7 that deal with initiation of rulemaking proceedings, adopted in this issue of the Texas Register. No comments were received. Adoption of Rules 7 TAC sec.sec.17.1-17.4 The repeals are adopted under Government Code, sec.2001.004(1), which requires all administrative agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures. 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 June 21, 1994. TRD-9442851 Everette D. Jobe General Counsel Banking Department of Texas Effective date: July 13, 1994 Proposal publication date: May 3, 1994 For further information, please call: (512) 475-1300 Petition for Rules 7 TAC sec.sec.17.11-17.16 The repeals are adopted under Government Code, sec.2001.004(1), which requires all administrative agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures. 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 June 21, 1994. TRD-9442852 Everette D. Jobe General Counsel Banking Department of Texas Effective date: July 13, 1994 Proposal publication date: May 3, 1994 For further information, please call: (512) 475-1300 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. Texas Department of Human Services Chapter 48. Community Care for Aged and Disabled 1915(c) Medicaid Home and Community-Based Waiver Services for Aged and Disabled Adults Who Meet Criteria for Alternatives to Nursing Facility Care Notice of Correction of Error (Editor's Note) The Texas Department of Human Services (DHS) submitted an adoption preamble that contained an error as published in the May 20, 1994, issue of the Texas Register (19 TexReg 3956). On page 3956, the preamble stated that sec.48.6030 was adopted without changes, and, therefore, the section was not republished. The preamble should have stated that the section was adopted with changes and reads as follows: sec.48.6030. Personal Assistance and Support Services General Contracting Requirements. To contract with the Texas Department of Human Services (DHS) to provide personal assistance and support services under the Nursing Facility Waiver Program, a legal entity or one of its divisions must: (1) be licensed by the Texas Department of Health (TDH) as a Home and Community Support Service agency to provide the following categories of service: (A) licensed and certified home health services; and (B) personal assistance services; (2) be authorized by the secretary of state to do business in the State of Texas (if an out-of-state corporation); (3) be certified for reimbursement under the Social Security Act, Titles XVIII and XIX; and (4) be under contract with DHS to provide Primary Home Care Services. Issued in Austin, Texas, on June 21, 1994. Part VIII. Children's Trust Fund of Texas Council Chapter 203. Advisory Committees 40 TAC sec.sec.203.1-203.5 The Children's Trust Fund of Texas Council adopts new sec. sec.203.1-203.5, without changes to the proposed text as published in the March 15, 1994, issue of the Texas Register (19 TexReg 2115). These sections comply with the provisions of Senate Bill 383 (73rd Legislature) requiring agencies to outline in rule form all advisory committees and for which expense reimbursement in sought. The new sections provide the necessary policies and procedures for the advisory committees of the Children's Trust Fund of Texas Council. No comments were received regarding adoption of the new sections. The new sections are adopted under the Human Resources Code, Title 3, Chapter 74, sec.74.003(a)(11), which provides the Children's Trust Fund of Texas Council with the authority to adopt rules governing the administration of the agency and it programs. 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 June 8, 1994. TRD-9442802 Stuart Bowen Assistant Attorney General, Office of the Attorney General Children's Trust Fund of Texas Council Effective date: July 12, 1994 Proposal publication date: March 15, 1994 For further information, please call: (512) 458-1281