ADOPTED RULES An agency may take final action on a section 30 days after a proposal has been published in the Texas Register. The section becomes effective 20 days after the agency files the correct document with the Texas Register, unless a later date is specified or unless a federal statute or regulation requires implementation of the action on shorter notice. If an agency adopts the section without any changes to the proposed text, only the preamble of the notice and statement of legal authority will be published. If an agency adopts the section with changes to the proposed text, the proposal will be republished with the changes. TITLE 1. ADMINISTRATION Part IV. Office of the Secretary of State Chapter 71. Office of the Secretary of State The Office of the Secretary of State adopts the repeal of sec.71.8 and new sec.71.8, concerning the provision of and payment for certified and noncertified copies of any public record on file with the Office of the Secretary of State. New sec.71.8 is adopted with changes to the proposed text as published in the July 15, 1994, issue of the Texas Register (19 TexReg 5429). The repeal is adopted without changes and will not be republished. Section 71.8 is being repealed and adopted new to implement the provisions of House Bill 1009, Chapter 428, Acts, 73rd Legislature, Regular Session (1993) , regarding the cost of providing public records and the charges that state agencies may set to recover the full costs of providing copies of, or access to, public records and requiring state agencies to specify such charges by administrative rule. The new sec.71.8 reduces the charges for obtaining noncertified standard-sized paper copies of public records on file with this office; provides greater ease in determining the cost for such copies; eliminates the difference in cost for the first page and the subsequent pages of a document, and provides a more specified list of charges for noncertified copies of public information which will result in charges more consistent with those made by other state agencies. The proposed text of new sec.71.8(b), regarding the certification of copies, was changed to make the language concerning the state seal consistent with the language used in Texas Civil Statutes, Article 6139f (Vernon Supplement 1994) and Texas Business and Commercial Code, sec.17.08 (Vernon Supplement 1994), as suggested by the sole commentator to the proposed rule. Accordingly, the phrase, "seal of the State of Texas" has been changed to "state seal." No further comments were received and no comments were received regarding the repeal of the section. Practice and Procedure 1 TAC sec.71.8 The repeal is adopted under Texas Government Code, sec.552.261 (Vernon Supplement 1994), which provides the Office of the Secretary of State with the authority to adopt rules which specify the charges for copies of public records and to establish charges equal to the full cost of providing the copy. This agency hereby certifies that the section 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 August 15, 1994. TRD-9446718 Machree Garrett Gibson Assistant Secretary of State Office of the Secretary of State Effective date: October 1, 1994 Proposal publication date: July 15, 1994 The new section is adopted under Texas Government Code, sec.552.261 (Vernon Supplement 1994), which provides the Office of the Secretary of State with the authority to adopt rules which specify the charges for copies of public records and to establish charges equal to the full cost of providing the copy. sec.71.8. Fees for Copies of Open Records. (a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1) Full Cost-The sum of all direct costs plus a proportional share of overhead, or indirect costs. Full cost should be determined in accordance with generally accepted methodologies. (2) Nonstandard-size copy-A copy of public information that is made available to a requestor in any format other than a standard-size paper copy. Microfiche, microfilm, diskettes, magnetic tapes, CD-ROM, and nonstandard-size paper copies are examples of nonstandard-size copies. (3) Readily available information-Information that already exists in printed form, or information that is stored electronically and is ready to be printed or copied without requiring any programming, or information that already exists on microfiche or microfilm. Information that requires a substantial amount of time to locate or prepare for release is not readily available information. (4) Standard-size copy-A printed impression on one side of a piece of paper that measures up to 8 1/2 by 14 inches. Each side of a piece of paper on which an impression is made is counted as a single-copy. A piece of paper that is printed on both sides is counted as two copies. (b) Upon request, and upon payment of the statutory fee for the certificate in addition to the statutory fee for the copies, copies of documents on file in the Office of the Secretary of State will be certified by the signature of the Secretary and the state seal. (c) The following is a summary of the charges for copies of public information on file in the Office of the Secretary of State. (1) Standard-size paper copy - $.10 per page. (2) Nonstandard-size copy: (A) Diskette - $1.00 each; (B) Magnetic tape - $10 each; (C) VHS video cassette - $2.50 each; (D) Audio cassette - $1.00 each; (E) Paper copy - $.50 each; (F) Other Actual cost. (3) Personnel charge - $15 per hour. (4) Overhead charge - 20% of personnel charge. (5) Microfiche or microfilm charge: (A) Paper copy - $.25; (B) Fiche or film copy Actual cost. (6)Remote document retrieval charge - Actual cost. (7) Computer resource charge: (A) Mainframe - $17.50 per minute; (B) Midsize - $3.00 per minute; (C) Client/Server - $1.00 per minute; (D) PC or LAN - $.50 per minute. (8)Programming time charge - $26 per hour. (9)Miscellaneous supplies - Actual cost. (10) Postage and shipping charge - Actual cost. (11) Fax charge - $2.00 per page. (12) Other costs - Actual cost. This agency hereby certifies that the section 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 August 15, 1994. TRD-9446719 Machree Garrett Gibson Assistant Secretary of State Office of the Secretary of State Effective date: October 1, 1994 Proposal publication date: July 15, 1994 For further information please call: (512) 463-5586 Chapter 77. Computer Services 1 TAC sec.sec.77.1 The Office of the Secretary of State adopts the repeal of sec.77.1, concerning the fees and charges for the extraction of information from public records maintained on the computer databases of the Secretary of State, without changes to the proposed text as published in the July 15, 1994, issue of the Texas Register (19 TexReg 5429). The rule specifies the charges for equipment and personnel costs associated with this means of providing public information. The repeal is necessary as these charges will be specified in a new section implementing the provisions of House Bill 1009, Chapter 428, Acts, 73rd Legislature, Regular Session (1993) , regarding the cost of providing public records and the charges that state agencies may set to recover the full costs of providing copies of, or access to, public records. The repealed rule is inconsistent with the charges specified in sec.71.8, which provides a more specified list of charges for public information extracted from computer databases and provided on media other than standard-sized paper. The repeal will also make the charges for nonstandard-sized copies more consistent with those made by other state agencies. No comments were received on the repeal of this section. The repeal is adopted under Texas Government Code, sec.552.261 (Vernon Supplement 1994) which provides the Office of the Secretary of State with the authority to adopt rules which specify the charges for copies of public records and to establish charges equal to the full cost of providing the copy. This agency hereby certifies that the section 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 August 15, 1994 TRD-9446720 Machree Garrett Gibson Assistant Secretary of State Office of the Secretary of State Effective date: October 1, 1994 Proposal publication date: July 15, 1994 For further information, please call: (512) 463-5586 TITLE 4. AGRICULTURE Part I. Texas Department of Agriculture Chapter 15. Consumer Services Division Texas Egg Law 4 TAC sec.sec.15.51, 15.52, 15.56 The Texas Department of Agriculture (the department) adopts the repeal of sec.sec.15.51, 15.52, and 15.56, concerning pack tolerance specifications at destination, sampling method for egg inspections and Texas Egg Law forms, without changes to the proposed text as published in the June 14, 1994, issue of the Texas Register (19 TexReg 4605). The repeals are adopted in order to clarify and simplify the regulations in response to standard practices in the egg industry. The adopted repeal of sec.15.51 will eliminate partial quotes from the adopted standards. The adopted repeal of sec.15.52 will eliminate the sampling method for egg inspection, which is covered in the inspector handbook. The adopted repeal of sec.15.56 will eliminate by reference the forms designated by the Texas Department of Agriculture. No comments were received regarding adoption of the repeals. The repeals are adopted under the Texas Agriculture Code, sec.132.003, which provides the Texas Department of Agriculture with the authority to establish rules necessary for the administration of Texas Agriculture Code, Chapter 132, concerning regulation of egg quality. 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 August 18, 1994. TRD-9446832 Dolores Alvarado Hibbs Chief Adminstrative Law Judge Texas Department of Agriculture Effective date: September 8, 1994 Proposal publication date: June 14, 1994 For further information, please call: (512) 463-7583 TITLE 16. ECONOMIC REGULATION Part II. Public Utility Commission of Texas Chapter 23. Substantive Rules General Rules 16 TAC sec.23.5 The Public Utility Commission of Texas adopts new sec.23.5, with changes to the proposed text as published in the July 15, 1994, issue of the Texas Register (19 TexReg 5437). The purpose of the new rule is to establish the cost of copies of public records made at the Commission, as well as the procedure for establishing those costs. Promulgation of the new rule will satisfy the legal obligations of the Commission as described in Govermment Code, sec.552.261 and sec.552.262 and 1 TAC sec.111.61(d), as that rule was published in the April 8, 1994, issue of the Texas Register (19 TexReg 2485). No comments were received regarding adoption of the rule. The new section is adopted under Texas Civil Statutes, Article 1446c, sec.16(a), which provide the Public Utility Commission of Texas with the authority to make and to enforce rules reasonably required in the exercise of its powers and jurisdiction. sec.23.5. Cost of Copies of Public Records. The rules set forth in 1 TAC sec.sec.111.61-111.70 (relating to Costs of Copies of Open Records) as in effect on April 22, 1994, will apply to copies of public records made at the commission. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on August 18, 1994. TRD-9446813 John M. Renfrow Secretary of the Commission Public Utility Commission Effective date: September 8, 1994 Proposal publication date: July 15, 1994 For further information, please call: (512) 458-0100 Part IV. Texas Department of Licensing and Regulation Chapter 60. Texas Commission of Licensing and Regulation Subchapter B. Organization of the Commission of Licensing and Regulation 16 TAC sec.60.25 The Texas Department of Licensing and Regulation adopts an amendment to sec.60.25, concerning the general powers and duties of the Commission of Licensing and Regulation, without changes to the proposed text as published in the May 6, 1994, issue of the Texas Register (19 TexReg 3412). The amendment clarifies where department fees are published and will eliminate duplicate listings of fees. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 9100, which authorize the Texas Department of Licensing and Regulation 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 authority. Issued in Austin, Texas, on August 18, 1994. TRD-9446884 Jack W. Garison Executive Director Texas Department of Licensing and Regulation Effective date: September 15, 1994 Proposal publication date: May 6, 1994 For further information, please call: (512) 463-7357 Subchapter C. Fees 16 TAC sec.sec.60.61-60.70, 60.75, 60.78-60.80 The Texas Department of Licensing and Regulation adopts the repeal of sec.sec.60.61-60.70, 60.75, and 60.78-60.80, concerning fees established by the Texas Commission of Licensing and Regulation, without changes to the proposed text as published in the May 6, 1994, issue of the Texas Register (19 TexReg 3412). The fees are being repealed to eliminate duplicate listings of fees since they are currently published in Chapter 60, Subchapter C of this title and the individual program rules. The repeal of these fees will clarify where to locate individual program fees. The repeals are adopted under Texas Civil Statutes, Article 9100, which authorize the Texas Department of Licensing and Regulation 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 authority. Issued in Austin, Texas, on August 18, 1994. TRD-9446883 Jack W. Garison Executive Director Texas Department of Licensing and Regulation Effective date: September 15, 1994 Proposal publication date: May 6, 1994 For further information, please call: (512) 463-7357 16 TAC sec.60.80, sec.60.81 The Texas Department of Licensing and Regulation adopts new sec.60.80 and sec.60.81, concerning fees established by the Texas Commission of Licensing and Regulation, without changes to the text as proposed in the May 6, 1994, issue of the Texas Register (19 TexReg 3413). The new sec.60.80 lists the Chapter where individual program fees are published and sec.60.81 establishes new charges for providing copies of public information. The sections will function by clarifying where to locate individual program fees and increase awareness of cost and service to the public for public records. The new sections are adopted under Texas Civil Statutes, Article 9100, which authorizes the Texas Department of Licensing and Regulation 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 authority. Issued in Austin, Texas, on August 18, 1994. TRD-9446885 Jack W. Garison Executive Director Texas Department of Licensing and Regulation Effective date: September 15, 1994 Proposal publication date: May 6, 1994 For further information, please call: (512) 463-7357 Chapter 61. Boxing 16 TAC sec.sec.61.10, 61.26, 61.62, 61.63, 61.70, 61.78, 61.100, 61.101, 61.104, 61.106, 61.107, 61.115 The Texas Department of Licensing and Regulation adopts new sec.61.63 and sec.61.115 and amendments to sec.sec.61.10, 61.26, 61.62, 61.70, 61.78, 61.100, 61. 101, 61.104, 61.106, and 61.107, concerning boxing. Section 61.62 is adopted with changes to the proposed text as published in the May 31, 1994, issue of the Texas Register (19 TexReg 4243). Sections 61.63, 61.10, 61.26, 61. 70, 61.78, 61.100, 61.101, 61.104, 61.106, 61.107, and 61.115 are adopted without changes and will not be republished. The sections clarify existing rules and make clear the responsibility of the department to assign the referee and judges for all events and requires that in all events at least the referee and one judge be residents of and licensed in Texas. It also adds rules for the technical requirements of kickboxing. Several comments were received from individuals against the department's proposed prohibition of "Toughman Contests" in subsection (c) of sec.61.62. The department is deleting subsection (c) from sec.61.62 for further study. The new sections and amendments are adopted under Texas Civil Statutes, Article 8501-1, which provide 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. sec.61.62. General Prohibitions. (a)-(b) (No change.) (c) Unsportsmanlike behavior including, but not limited to, arguing with an official or refusing to obey the orders of an official is prohibited. The referee can take appropriate action under sec.61.106 of this title (relating to Technical Requirements -Judge Scoring) at the time and/or disciplinary action can be taken by the department under sec.61.90 of this title (relating to Sanctions-Administrative Penalties). 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 August 17, 1994. TRD-9446770 Jack W. Garison Executive Director Texas Department of Licensing and Regulation Effective date: September 7, 1994 Proposal publication date: May 31, 1994 For further information, please call: (512) 463-7357 Chapter 62. Career Counseling Services 16 TAC sec.sec.62.1, 62.10, 62.20, 62.21, 62.30, 62.40, 62.60, 62. 70-62.73, 62.80-62.82, 62.90-62.92, 62.94 The Texas Department of Licensing and Regulation adopts the repeal of sec.sec.62.1, 62.10, 62.20, 62.21, 62.30, 62.40, 62.60, 62.70-62.73, 62.80- 62.82, 62.90-62.92, and 62.94, concerning career counseling services, without changes to the proposed text as published in the April 26, 1994, issue of the Texas Register (19 TexReg 3125). These sections are being repealed to allow for the adoption of edited, renumbered, and reorganized sections. No comments were received regarding adoption of the repeals. The repeals are adopted under Texas Civil Statutes, Article 5221a-8, which provide 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 August 17, 1994. TRD-9446771 Jack W. Garison Executive Director Texas Department of Licensing and Regulation Effective date: November 1, 1994 Proposal publication date: April 26, 1994 For further information, please call: (512) 463-7357 16 TAC sec.sec.62.1, 62.10, 62.20, 62.21, 62.40, 62.60, 62. 70, 62.71, 62.80, 62.90, 62.91 The Texas Department of Licensing and Regulation adopts new sec.sec.62.1, 62. 10, 62.20, 62.21, 62.40, 62.60, 62.70, 62.71, 62.80, 62.90, and 62.91, concerning career counseling services, without changes to the proposed text as published in the April 26, 1994, issue of the Texas Register (19 TexReg 3125). The new sections clarify, edit, renumber, and reorganize existing rules that are proposed for repeal. No comments were received regarding adoption of the new sections. The new sections are adopted under Texas Civil Statutes, Article 5221a-8 and Texas Civil Statutes, Article 9100, which provide 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 August 17, 1994. TRD-9446772 Jack W. Garison Executive Director Texas Department of Licensing and Regulation Effective date: November 1, 1994 Proposal publication date: April 26, 1994 For further information, please call: (512) 463-7357 Chapter 63. Personnel Employment Services 16 TAC sec.sec.63.1, 63.10, 63.20, 63.21, 63.30, 63.40, 63.60, 63. 70, 63.71, 63.80-63.82, 63.90-63.94 The Texas Department of Licensing and Regulation adopts the repeal of sec.sec.63.1, 63.10, 63.20, 63.21, 63.30, 63.40, 63.60, 63.70, 63.71, 63.80- 63.82, and 63.90-63.94, concerning personnel employment services, without changes to the proposed text as published in the April 26, 1994, Texas Register (19 TexReg 3127). These sections are being repealed to adopt new edited, renumbered, and reorganized sections. No comments were received regarding adoption of the repeals. The repeals are adopted under Texas Civil Statutes, Article 5221a-7, which provide 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 authority. Issued in Austin, Texas, on August 18, 1994. TRD-9446881 Jack W. Garison Executive Director Texas Department of Licensing and Regulation Effective date: November 1, 1994 Proposal publication date: April 26, 1994 For further information, please call: (512) 463-7357 16 TAC sec.sec.63.1, 63.10, 63.20, 63.21, 63.40, 63.60, 63. 70, 63.80-63.82, 63.90, 63.91 The Texas Department of Licensing and Regulation adopts new sec.sec.63.1, 63. 10, 63.20, 63.21, 63.40, 63.60, 63.70, 63.80-63.82, 63.90, and 63.91, concerning personnel employment services, without changes to the proposed text as published in the April 26, 1994, issue of the Texas Register (19 TexReg 3128). The new sections clarify, edit, renumber, and reorganize existing rules that are being repealed. One comment was received from an individual regarding the increase in the certificate of authority renewal fee. The commentor felt the percentage of increase from $50 to $100 was too high. The new sections are adopted under Texas Civil Statutes, Article 5221a-7, and Texas Civil Statutes, Article 9100, which provide 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 authority. Issued in Austin, Texas, on August 18, 1994. TRD-9446882 Jack W. Garison Executive Director Texas Department of Licensing and Regulation Effective date: November 1, 1994 Proposal publication date: April 26, 1994 For further information, please call: (512) 463-7357