EMERGENCY RULES An agency may adopt a new or amended section or repeal an existing section on an emergency basis if it determines that such action is necessary for the public health, safety, or welfare of this state. The section may become effective immediately upon filing with the Texas Register, or on a stated date less than 20 days after filing and remaining in effect no more than 120 days. The emergency action is renewable once for no more than 60 additional days. Symbology in amended emergency sections. New language added to an existing section is indicated by the use of bold text. [Brackets] indicate deletion of existing material within a section. TITLE 1. ADMINISTRATION Part X. Department of Information Resources Chapter 201. Planning and Management of Information Resources Technologies 1 TAC sec.201.15 The Department of Information Resources adopts on an emergency basis new sec.201.15, concerning charges for copies of public records. The section defines and details the charges for copies of public records maintained by the Department. The section is adopted on an emergency basis and is contemporaneously proposed for public comment in this issue of the Texas Register. The section is adopted on an emergency basis to comply with the provisions of Chapter 428, Acts, 73rd Legislature, Regular Session (1993), which requires agencies to adopt rules establishing charges for copies of public records. The section is adopted on an emergency basis under Government Code, sec.2054. 052(a), which authorizes the department to adopt rules as necessary to carry out its responsibility under the Information Resources Management Act. sec.201.15. Charges for Copies of Public 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) The following is a summary of the charges for copies of public information on file in the Department of Information Resources. (1) Standard-size paper copy-$.10 per page. (2) Nonstandard-size copy: (A) Diskette-$1.00 each; (B) Computer 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-$15 per hour. (4) Overhead charge-20% of personnel charge. (5) Microfiche or microfilm charge: (A) Paper copy-$.10; (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-$3.38 per minute; (C) Client/Server-$1.00 per minute; (D) PC or LAN-$.50 per minute. (8) Programming time charge-$26 per hour. (9) Miscellaneous supplies Actual cost. (10) Postage and shipping charge Actual cost. (11) Fax charge: (A) local-$.10 per page; (B) long distance, same area code-$.50 per page; (C) long distance, different area code-$1.00 per page. (12) Other costs-Actual cost. (c) The Department of Information Resources shall furnish public records without charge or at a reduced charge if it is determined that waiver or reduction of the fees is in the public interest. Issued in Austin, Texas, on August 18, 1994. TRD-9448322 Edward Serna Deputy Director Department of Information Resources Effective date: September 20, 1994 Expiration date: January 18, 1995 For further information, please call: (512) 475-4759 TITLE 4. AGRICULTURE Part I. Texas Department of Agriculture Chapter 6. Boll Weevil Control 4 TAC sec.6.4 The Texas Department of Agriculture (the department) adopts on an emergency basis an amendment to sec.6.4, concerning the authorized cotton destruction date for the Lower Coastal Bend pest management zone. The department is acting upon requests from the pest management committee of the Lower Coastal Bend Zone, and on behalf of cotton farmers in Aransas, Jim Wells, Nueces, San Patricio, Bee and Live Oak counties for an immediate change of the cotton destruction date in those counties. The current cotton destruction deadline is September 10. The committee members have requested that the cotton destruction date be extended through September 27 for regrowth and volunteer cotton only. The department believes that changing the cotton destruction date as requested is both necessary and appropriate. Adverse weather conditions have created a situation compelling an immediate extension of the cotton destruction date for certain counties in the Lower Coastal Bend Zone. The continuation of unusually wet weather since the beginning of the cotton destruction period has prevented many cotton producers from cotton destruction by the September 10 deadline. A failure to act to extend the cotton destruction deadline could create a significant loss to Texas cotton producers and the state's economy. The department believes that extending the cotton destruction deadline in the counties in the Lower Coastal Bend Zone designated previously as requested will not result in significant pest population increasing in the zone. The emergency amendment to sec.6.4(a)(2)(A)(ii) and (iii) will extend the date for cotton destruction through September 27 of this year in Aransas, Jim Wells, Nueces and San Patricio counties and those sections of Bee and Live Oak counties lying south and east of Highway 59, for regrowth and volunteer cotton only. The amendment is adopted on an emergency basis under the Texas Agriculture Code, sec.74.006, which provides the Texas Department of Agriculture with the authority to adopt rules as necessary for the effective enforcement and administration of Chapter 74; and sec.74.004, which provides the department with the authority to consider a request for a cotton destruction extension due to adverse weather conditions; and the Government Code, sec.2001.34, which provides for the adoption of administrative rules on an emergency basis, without notice and comment. sec.6.4. Authorized Planting Dates, Cotton Destruction Dates, and Prescribed Methods of Destruction. (a) Except as provided in subsection (c) of this section, all cotton in the pest management zones must be planted and/or mechanically destroyed by the following authorized dates. Destruction must be accomplished by shredding and plowing out the plants to prevent further growth and to prohibit any cotton plants from remaining after the following cotton destruction dates. (1) (No change.) (2) Lower Coastal Bend and South Texas pest management zone. (A) Area (1): (i) (No change.) (ii) Cotton destruction date: on or before September 10, except as provided in clause (iii) of this subparagraph. (iii) For Aransas, Jim Wells, Nueces and San Patricio counties and that area of Bee and Live Oak counties lying east of Highway 59, the cotton destruction date is before September 28. This date applies only to regrowth and volunteer cotton. Regrowth is defined as new growth sprouting from original stalks after some type of stalk destruction has been attempted. (B) (No change.) (3)-(4) (No change.) (b)-(c) (No change.) Issued in Austin, Texas, on September 20, 1994. TRD-9448310 Dolores Alvarado Hibbs Chief Administrative Law Judge Texas Department of Agriculture Effective date: September 20, 1994 Expiration date: September 30, 1994 For further information, please call: (512) 463-7583 TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part VI. Texas Department of Criminal Justice Chapter 157. State Jail Felony Facilities Subchapter A. Admissions and Allocations 37 TAC sec.157.10 The Texas Board of Criminal Justice adopts on an emergency basis an amendment to sec.157.10, concerning the temporary designation of certain facilities as state jail felony facilities. Dangerously high population levels in many jails in the state have created conditions leading to both potential and actual outbreaks of disease and inmate disturbances, justifying emergency action. Further, an entirely new sentencing law went into effect on September 1, 1994, creating state jail felonies, requiring a regional dispersion of state jail felony facilities. A previous emergency enactment created the designation in subsection (a) of this section. The new subsection (b) designates part or all of additional facilities under the control of the Board of Criminal Justice as state jail felony facilities to fill the gap prior to availability of constructed state jail felony facilities. The subsection is simultaneously proposed for permanent adoption. The amendment is adopted on an emergency basis under the Government Code, sec.507.026, allowing the Board of Criminal Justice to designate facilities as state jail felony facilities, and by the Government Code, sec.492.013, which gives the Board of Criminal Justice general authority to adopt rules. sec.157.10. Designation of Facilities as State Jails.
    The Board designates the 668 bed dormitory building designed to be a boot camp at the Coffield Unit as a state jail for male state jail felons. The Board designates a 48 bed dormitory of the Gatesville-Hackberry Unit as a state jail for female state jail felons. This designation takes effect September 1, 1994. Effective September 19, 1994, the Board delegates to the State Jail Division Director the authority to designate all of, or any semi-autonomous housing within, the following detention facilities, to be used as state jails: Diboll, San Saba, Cotulla, Ft. Stockton, and Tulia. Issued in Austin, Texas, on September 19, 1994. TRD-9448397 Carl Reynolds General Counsel Texas Board of Criminal Justice Effective date: September 21, 1994 Expiration date: December 30, 1994 For further information, please call: (512) 463-9693