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 V. General Services Commission Chapter 123. Facilities Planning and Construction Division Building Construction Administration 1 TAC sec.123.23 General Services Commission adopts new sec.123.23 establishing the Small Contractor Participation Assistance Program ("SCPAP"), with changes to the proposed text as published in the April 5, 1994, issue of the Texas Register (19 TexReg 2346). The rule establishes the SCPAP as directed by the legislature in Article 601b, sec.5.37, Texas Civil Statutes. The rule establishes the SCPAP, defines the parties and projects that are covered by the program, and provides for public outreach, technical and financing assistance for small contractors, and centralized purchasing of bonds and insurance. One comment objected to the exclusive owner controlled surety program. The comment asserted that surety premiums are fixed and cannot be adjusted for actuarial considerations as insurance premiums can; this would place the surety in the position of being unable to adjust its premium and unable to refuse coverage to a small contractor who posed a high risk. As a result, no surety with sound business practices would provide coverage. The comment also asserted that the program contemplated might remove the incentive for small contractors to implement safety programs. Texas Coalition of Sureties commented against the rule. The commission disagrees with the comment for the following reasons. Under sec.5.37(d)(4), Article 601b, Texas Civil Statutes, the commission is directed to provide for the centralized purchasing of payment and performance bonds. By making the owner controlled surety program exclusive, the commission will bring into the risk pool the lower risk contractors as well as higher risk participants. Making the program non-exclusive would increase the risk of the surety covering the program participants. Concerning safety programs, the surety could require such programs under the bond. If a small contractor failed to comply, it could be disqualified for the bond and removed from the project. Under such a provision, the surety would remain liable until such small contractor was disqualified, and the general contractor would remain liable regardless. The rule is adopted under Texas Civil Statutes, Article 601b, sec.5.37, which direct the General Services Commission to establish the SCPAP. sec.123.23. Small Contractor Participation Assistance Program. (a) The commission shall establish the Small Contractor Participation Assistance Program as set forth in this section. (b) Assistance under the program shall be available on projects performed by the commission for construction, alteration, or repair of public buildings for which the estimated cost exceeds $20 million. In determining the estimated cost of a project, all work financed under a single bond issue or schedule of appropriated projects may be aggregated. (c) To be eligible for assistance under the program, a contractor must be eligible for assistance from the United States Small Business Administration. (d) The commission shall establish a technical assistance plan as set forth below: (1) The commission may contract with one or more entities to provide technical assistance to aid small contractors to develop the skills necessary to participate in the program. (2) The technical assistance plan shall include information and assistance in: (A) estimating bids, the bidding process, scheduling, and understanding bid documents; (B) reading construction drawings and other analogous documents; (C) business accounting, bonds, and bond requirements; (D) negotiations with general contractors; (E) safety training; and (F) any other technical and administrative assistance considered appropriate and necessary given the complexity and scope of the particular public works project. (3) In awarding contracts for technical assistance, the commission may use a competitive bid process, a competitive proposal process, or may negotiate directly with service providers. If the commission negotiates directly with service providers, it shall: (A) select a qualified provider of the services on the basis of demonstrated competence and qualifications; and (B) then attempt to negotiate a contract at a fair and reasonable rate. (e) The commission shall establish a financing assistance plan as set forth below: (1) The commission may contract with one or more entities to provide financing assistance to small contractors. Financing assistance shall not include loans, grants, loan guarantees, or other forms of direct financial aid. Financing assistance shall include assistance in identifying and obtaining financing arrangements from other sources. (2) In awarding financing assistance contracts, the commission may use a competitive bid process or a competitive proposal process, as may be appropriate to the project in question. (f) Any party awarded a contract to provide technical or financing assistance shall be an independent advisor and not a representative of the commission, and none of such party's advice or assistance shall necessarily be the position of the commission on any matter in question. Whenever a technical or financing assistance provider gives advice or assistance to a small contractor, the provider shall, in writing, inform the small contractor that the provider's advice and services are those of the provider and do not necessarily set forth the position of the commission on any given issue. (g) The commission shall establish a public outreach plan as set forth below: (1) The commission shall publish notices annually in five newspapers of general circulation describing the program and giving the names, addresses, and telephone numbers of the technical and financing assistance providers. (2) For each project covered by the program, the names, addresses, and telephone numbers of the technical and financing assistance providers shall be published in the specifications, together with a description of the program. (3) All advertisements and notices concerning projects covered by the program shall include the names, addresses, and telephone numbers of the technical and financing assistance providers. (4) In each project covered by the program, the general contractor shall be required, as a term of the contract with the state, to provide to all subcontractors the names, addresses, and telephone numbers of the technical financing assistance providers. (h) The commission shall provide for centralized purchasing of required insurance and bond coverage as set forth below: (1) For each project under the program, the commission shall make centralized purchases of: (A) workers' compensation insurance coverage; (B) employers' liability insurance coverage; (C) commercial general and excess liability coverage; (D) payment and performance bonds; and (E) any other analogous coverage the commission considers necessary and reasonable for the particular project. (2) Such centrally purchased coverages shall be incorporated into the contract with the state, and any contractor who enters into a contract with the state under a project covered by the program shall be required to pay premiums and fees as set forth in the central purchase contracts. 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 September 28, 1994. TRD-9448795 Judith Monaco Porras General Counsel General Services Commission Effective date: October 19, 1994 Proposal publication date: April 5, 1994 For further information, please call: (512) 463-3960 TITLE 13. CULTURAL RESOURCES Part I. Texas State Library and Archives Commission Chapter 6. State Records 13 TAC sec.6.121 The Texas State Library and Archives Commission adopts an amendment to sec.6.121, concerning fees for micrographics services provided to Texas state and local governments, without changes to the proposed text as published in the June 17, 1994, issue of the Texas Register (19 TexReg 4680). The State and Local Records Management Division of the Texas State Library operates a full-service micrographics laboratory for Texas state and local governments on a cost recovery basis. The amendment establishes revised fees for these micrographics services to recover current costs. No comments were received regarding adoption of the amendment. The amendment is adopted under the Government Code, sec. sec.441.032(b)(2), 441. 168(b), and 771.007(a), which provides the commission with the authority to provide micrographics services to state and local governments and to recover the costs for such services. 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 September 28, 1994. TRD-9448776 Raymond Hitt Assistant State Librarian Texas State Library and Archives Commissio Effective date: October 19, 1994 Proposal publication date: June 17, 1994 For further information, please call: (512) 463-5460 Chapter 7. Local Records Records Retention Schedules 13 TAC sec.7.123 The Texas State Library and Archives Commission adopts an amendment to sec.7.123, concerning records retention schedules, without changes to the proposed text as published in the July 19, 1994, issue of the Texas Register (19 TexReg 5571). The amendment removes references to the county records manual, whose retention periods were validated and continued in effect by the Government Code, sec.441.159, until amended. The commission's concurrent adoption of amendment to 13 TAC sec.7.125 and repeal of 13 TAC sec.7.126 and sec.7.127 serve to amend and replace the county records manual in its entirety by the adoption of new records retention schedules for the records of county clerks, district clerks, and public safety agencies. The amendments also remove provisions concerning federal and state laws and regulations that are inconsistent with state law. The amendment will help ensure that county officers use the correct records retention schedules in determining minimum retention periods for their records. No comments were received regarding adoption of the amendment. The amendment is adopted under the Government Code, sec.441.160, which allows the commission to amend the Texas County Records Manual, whose retention periods were validated and continued in effect until amended by the Government Code, sec.441.159. The amendment was approved by the Local Government Records Committee, as required by the Government Code, sec.441.165, at an open meeting held in Austin on August 19, 1994. 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 September 28, 1994. TRD-9448775 Raymond Hitt Assistant State Librarian Texas State Library and Archives Commission Effective date: October 19, 1994 Proposal publication date: July 19, 1994 For further information, please call: (512) 463-5460 13 TAC sec.7.125 The Texas State Library and Archives Commission adopts an amendment to sec.7.125, concerning the adoption by reference of records retention schedules for records of public safety agencies, public health agencies, county clerks, district clerks, and public utility services pursuant to the Government Code, sec.441.158(a), without changes to the proposed text as published in the July 19, 1994, issue of the Texas Register (19 TexReg 5572). Changes were made to the records retention schedules adopted by reference in the section as the result of staff comment, public comment, and formal amendments by the Local Government Records Committee. The schedules establish mandatory minimum periods of time the records listed must be retained by local governments and elected county officers before disposal. The adoption of these schedules also renders without effect all editions of the county records manual, whose retention periods were validated and continued in effect by the Government Code, sec.441.159, until amended. The schedules provide guidelines to affected local officials concerning how long records must be retained before they are eligible for disposal and assists those officials in meeting the requirements of the Local Government Code, sec.203.041 and sec.203.042, which require that records control schedules be prepared and submitted to the director and librarian of the Texas State Library that conform to records retention schedules issued by the commission. No comments were received concerning the adoption of the amendment, but comments were received concerning the schedules adopted by reference under the section and led to changes in those schedules. In addition, changes were made to the schedules as the result of staff action or amendment by the Local Government Records Committee. Additional review by staff lead to the following changes. The retention period for levee improvement district reclamation plans; storm water control district storm water plans; water district annual audit reports; water district annual financial dormancy statements; and water district annual financial reports in Local Schedule CC, required by law to be filed by water districts with county clerks, was lowered from permanent to three years. The requirement of permanent retention should rest with the water districts themselves. The records descriptions for manifests and trip tickets for the transport of solid waste in Local Schedule UT were rewritten in light of rules recently adopted by the Texas Natural Resource Conservation Commission. A typographical error on Local Schedule DC, which erroneously identified the schedule in an internal reference, was corrected. At a meeting in Austin on August 19, 1994, the Local Government Records Committee, prior to approving proposed amendment to sec.7.125 and the schedules adopted under it, made the following change to Schedule DC. The retention period for criminal case papers documenting felony cases in which the sentence, cumulative sentences, or the longest sentence of two or more sentences to be served concurrently is more than 20 years, but less than life imprisonment or the death penalty was raised from 50 years after final judgment to permanent. The following comments were received during the public comment period: Comment: A summary record on each internal affairs investigation in public safety agencies should be required to be maintained permanently in Local Schedule PS for future use in complainant and employee history investigations. Response: The commission feels that the permanent retention of internal affairs investigations into shooting incidents that result in death or injury to any person, including a police officer, and the 15 year minimum retention period for records of investigations that result in sustained formal discipline against public safety officers are sufficiently long as minimum periods to fulfill the purposes the commenter described. Comment: The retention periods for dispatch reports and radio and paging logs in Local Schedule PS should be raised from one year back to the two years that appeared on preliminary drafts of the schedule, because such records are routinely requested for litigation, as open records, or for performance reviews. Response: The retention periods for these records were lowered as the result of comments received during initial draft review. The one-year retention period is still within the range of six months to two years which characterizes retention practices throughout the county for these records. Nothing prevents a jurisdiction from keeping the records for longer periods for any reason, including those raised by the commenter. Comment: The retention period for arrest reports in Local Schedule PS should be permanent and not permit the disposal of a report if the death of the person who is the subject of the report is known to the custodian. Response: The exception to permanent retention was added as a result of comments received during initial draft review, and we continue to feel that the exception is legitimate. The arrest report for a deceased individual ceases to have legal or administrative value. It can be argued that the same is true of all arrest reports after a certain point, but commission staff have found that there is no reasonably firm consensus among law enforcement agencies about when that point is reached. The issue will continue to be studied by commission staff as part of its continuing review of Local Schedule PS and the other schedules issued by the commission. Comment: A description should be added to the records series, warning citations, in Local Schedule PS. Response: The commission agrees and a description was added. Comment: A commenter asked if records of the dissemination of criminal histories apply to logs maintained to document any receiver of criminal history information and if National Crime Information Center (NCIC) can audit these logs for a period longer than three years. Response: The retention period applies to all logs maintained to document the dissemination of criminal history information to anyone and by any means, and the three-year retention corresponds with the NCIC audit period. Logs maintained to document the receipt of criminal history information are described separately in the same section of the schedule and are subject to a different retention period. Comment: Local Schedule UT, which is binding on local governments and not privately owned utilities, incorrectly cites rules of the Texas Railroad Commission as justification for the retention periods for complaints and service applications and deposit records maintained by gas utilities when such rules do not apply to gas utilities operated by local governments. Response: The commenter is correct, and the citations were removed and the retention periods for the records mentioned adjusted to conform with those set for water and electric utilities. Comments against certain contents of the records retention schedules adopted by reference in the section were received from the City of Dallas and the Texas Railroad Commission. A comment of a general nature was received from City of Fort Worth Water Department. The amendment is adopted under the Government Code, sec. sec.441.158(a), 441.159, and 441.160. The Government Code, sec.441.158(a), requires the commission to prepare and distribute records retention schedules for local government records and to adopt the schedules by rule. The Government Code, sec.441.160, permits the commission to amend the county records manual, which was validated and continued in effect by the Government Code, sec.441.159. The amendment was approved by the Local Government Records Committee, as required by the Government Code, sec.441.165, at an open meeting held in Austin on August 19, 1994. 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 September 28, 1994. TRD-9448774 Raymond Hitt Assistant State Librarian Texas State Library and Archives Commission Effective date: October 19, 1994 Proposal publication date: July 19, 1994 For further information, please call: (512) 463-5460 13 TAC sec.7.126 The Texas State Library and Archives Commission adopts the repeal of sec.7. 126, concerning the adoption of the County Records Manual by reference, without changes to the proposed text as published in the July 19, 1994, issue of the Texas Register (19 TexReg 5572). The Government Code, sec.441.159, validated and continued in effect the retention periods contained in the county records manual, until amended. The concurrent adoption by the commission of amended 13 TAC sec.7.1.25, adopting by reference records retention schedules for the records of county clerks, district clerks, and public safety agencies, serves to amend the manual in its entirety. The repeal of this section helps ensure that county officials will use appropriate records retention schedules rather than the Texas County Records Manual, which no longer has effect, to determine the minimum retention periods for their records. No comments were received regarding adoption of the repeal. The repeal is adopted under the Government Code, sec.441.160, which allows the commission to amend the county records manual, whose retention periods were validated and continued in effect until amended by the Government Code, sec.441.159. The repeal was approved by the Local Government Records Committee, as required by the Government Code, sec.441.165, at an open meeting held in Austin on August 19, 1994. 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 September 28, 1994. TRD-9448773 Raymond Hitt Assistant State Librarian Texas State Library and Archives Commission Effective date: October 19, 1994 Proposal publication date: July 19, 1994 For further information, please call: (512) 463-5460 13 TAC sec.7.127 The Texas State Library and Archives Commission adopts the repeal of sec.7.127, concerning amendments to records retention schedules and the county records manual, without changes to the proposed text as published in the July 19, 1994, issue of the Texas Register (19 TexReg 5573). The Government Code, sec.441.159, validated and continued in effect the retention periods contained in the county records manual, until amended. The repeal of this section, which previously amended the county records manual, enables the commission to further amend and replace the county records manual in its entirety by its concurrent adoption of amended 13 TAC sec.7.125, which adopts by reference records retention schedules for the records of county clerks, district clerks, and public safety agencies. The repeal of this section helps ensure that county officials will use appropriate records retention schedules rather than the county records manual, which no longer has effect, to determine the minimum retention periods for their records. No comments were received regarding adoption of the repeal. The repeal is adopted under the Government Code, sec.441.160, which allows the commission to amend the Texas County Records Manual, whose retention periods were validated and continued in effect until amended by the Government Code, sec.441.159. The repeal was approved by the Local Government Records Committee, as required by the Government Code, sec.441.165, at an open meeting held in Austin on August 19, 1994. 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 September 28, 1994. TRD-9448772 Raymond Hitt Assistant State Librarian Texas State Library and Archives Commission Effective date: October 19, 1994 Proposal publication date: July 19, 1994 For further information, please call: (512) 463-5460 TITLE 22. EXAMINING BOARDS Part XXI. Texas State Board of Examiners of Psychologists Chapter 465. Rules of Practice 22 TAC sec.465.5 The Texas State Board of Examiners of Psychologists adopts the repeal of sec.465.5, concerning Individual/Corporate Practice, without changes to the proposed text as published in the August 26, 1994, issue of the Texas Register (19 TexReg 6715). This rule is being repealed as there are other state laws which regulate how professionals may incorporate. The repeal of this rule makes the rules and regulations of the Board easier to understand and follow for certificands, licensees, and the general public. No comments were received regarding repeal of the rule. The repeal is adopted under Texas Revised Civil Statutes, 4512c, which provides the Texas State Board of Examiners of Psychologists with the authority to promulgate rules consistent with the Statute. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on September 30, 1994. TRD-9448961 Rebecca E. Forkner Executive Director Texas State Board of Examiners of Psychologists Effective date: October 24, 1994 Proposal publication date: August 26, 1994 For further information, please call: (512) 835-2036 Chapter 473. Fees 22 TAC sec.473.4 The Texas State Board of Examiners of Psychologists adopts an amendment to sec.473.4, concerning late fees for renewals, without changes to the proposed text as published in the August 26, 1994, issue of the Texas Register (19 TexReg 6716). This rule is being amended in order to conform to the language of the law brought into effect by the 73rd Legislative Session. This rule outlines the late fees for renewals and conforms to the language of the law. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Revised Civil Statutes, 4512c, which provides the Texas State Board of Examiners of Psychologists with the authority to promulgate rules consistent with the Statute. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on September 30, 1994. TRD-9448962 Rebecca E. Forkner Executive Director Texas State Board of Examiners of Psychologists Effective date: October 24, 1994 Proposal publication date: August 26, 1994 For further information, please call: (512) 835-2036 TITLE 25. HEALTH SERVICES Part I. Texas Department of Health Chapter 37. Maternal and Child Health Services Surveillance and Control of Birth Defects 25 TAC sec.sec.37.301-37.306 The Texas Department of Health (department) adopts new sec.sec.37.301-37.306, concerning surveillance and control of birth defects. Sections 37.301, 37.303, 37.305 and 37.306 are adopted with changes to the proposed text as published in the July 5, 1994, issue of the Texas Register (19 TexReg 5152). Section 37.302 and sec.37.304 are adopted without changes and will not be republished. The new sections implement the Health and Safety Code, sec.sec.87.001-87.064, which require the department to establish rules to facilitate identification of clusters of birth defects and establish a central registry of birth defects. As a result of comments, the proposed rules were changed to include medical and health records as data sources for birth defects; to allow for case finding and tabulation of occurrent as well as resident cases of birth defects; and to extend the upper age limit from one to six years of age so that certain disorders diagnosed after infancy can be included. The changes also expand the listing of types of facilities and providers receiving introductory information from the Texas Birth Defects Monitoring Division; elaborate on the meaning of contact person in a health facility; and expound on the required scientific qualifications for student research conducted on the birth defects registry. Finally, changes were made to allow the denial of research proposals for hypotheses and projects already under investigation; and to clarify that all registry data belongs to the department. The following comments were received concerning the proposed rules. COMMENT: One general comment pertained to the fact that no reference was made to the establishment of a system for the referral of identified patients for case management. Such a referral process is mentioned in the law, and from the viewpoint of the individual making the comment, "this referral, and subsequent tracking, are of critical importance." RESPONSE: The department agrees with the importance of case management for identified clients. Staff is currently designing the method by which infants, children and mothers, once identified, can be referred into case management. Therefore, no changes were made by the department as a result of this comment. COMMENT: Concerning sec.37.303 (Definition of "Case finding"), one commenter recommended that medical and health records be added as a data source. RESPONSE: The department agrees that this addition would make the definition more comprehensive and has added language accordingly. COMMENT: Concerning sec.37.303 (Definition of "Health facility"), a comment was received that suggested including laboratories within the definition, because of the utilization of laboratories in the screening and diagnosis of certain birth defects. RESPONSE: The department decided to make no changes based on this comment, because laboratories are not included in the definition of health facility in the statute. Furthermore, upon consulting with a geneticist, it was determined that inclusion of laboratories should not significantly increase case ascertainment of birth defects. COMMENT: Concerning sec.37.305(b) and (c)(1), two comments were received about the regions in which the registry is to be piloted, and/or the requirement that the mother reside in a county covered by the registry. The first commenter thought that the state should have"emergency power" to add one or more counties to the registry at any time. A second comment was made by staff that both resident and occurrent cases should be counted and tabulated, and that this information would be especially important in pilot region number 11, which borders Mexico. RESPONSE: The department disagrees with the first comment, because the law allows the Texas Birth Defects Monitoring Division to conduct cluster investigations statewide. If there is a concern about an excessive number of birth defect cases in a non-pilot county, the Division has the authority to find all potential cases and investigate this cluster using whatever means are available. No changes were made as a result of this comment. The department agrees with the second commenter with respect to counting occurrent as well as resident cases of birth defects. This activity should not represent a significant increase in staff time, because only minimal data will be collected to tabulate non-resident cases (e.g. ethnic group and state or country of residence). Birth defects research and studies will be conducted only on resident cases. Since the statute deals with case finding and not reporting of birth defects, the inclusion of occurrent cases has almost no impact on providers, because case finding activities are performed by state employees, not by a provider's staff. Particularly along the border of pilot region 11, it will be important to know the proportion of each type of birth defect that is occurring among non-residents of a county or region. For cases of a particular defect among residents of Mexico, this information may be of importance to health officials in Mexico. This will allow us to share basic information from our registry with Mexico, and may also facilitate collaborative studies with Mexico, since the department is required to make every effort to coordinate the registry and research with Mexico. The department has added the language "county of occurrence of birth or the" to subsection (c)(1). COMMENT: Concerning sec.37.305(c)(3), several comments were received regarding the upper age limit for children to be included in the registry. The existing sentence was as follows: "The defect must be diagnosed or its signs and symptoms must be recognized within the first year of life." Two commenters felt that some defects would be missed by excluding diagnoses made after one year of age. One commenter stated that many genetic disorders are not diagnosed by age one year. When resources permit, this should be extended to age six years. "A third commenter was concerned that most cases of fetal alcohol syndrome would be missed. RESPONSE: The department agrees that some defects, particularly fetal alcohol syndrome and genetic disorders, will be missed using a upper age limit of one year. However, in the early stages of the registry, the Division intends to emphasize structural malformations, most of which are diagnosed by one year of age. The department has expanded the language to include the surveillance of fetal alcohol syndrome, special studies, and certain childhood genetic disorders diagnosed after infancy and to extend the upper age limit to age six. This change is expected to increase by 2-5% the number of total cases abstracted from provider records. COMMENT: Concerning sec.37.305(c)(4), several comments were received regarding the low upper age range for cases to be abstracted for the registry. The existing sentence stated that "a case must be abstracted by the child's sixth birthday." The first commenter stated that abstraction should not necessarily be limited to the child's sixth birthday. Two commenters requested clarification on its purpose. RESPONSE: The department agrees and has deleted this paragraph from the rules. COMMENT: Concerning sec.37.305(e), one staff member commented that physicians, birthing centers, and pregnancy termination centers should be added to the list of entities receiving introductory information from the Texas Birth Defects Monitoring Division. RESPONSE: Health professionals, health facilities, or midwives are required by law to share relevant data with the department. The department is currently undertaking a large mailout for the two pilot regions. In addition to hospitals and midwives, staff have identified physicians, birthing centers, and pregnancy termination centers in the two pilot regions who are likely to have contact with a fetus or infant with a birth defect. These providers, who total more than 3,000, have been included in this large introductory mailout. The department has added language to include "birthing centers, pregnancy termination centers, and physicians likely to have knowledge of a birth defect case". COMMENT: Concerning sec.37.305(e)(1), one comment was received by staff about the appointed contact persons for central registry activities in health facilities. The commenter stated that not all categories of management were covered. RESPONSE: The Department agrees and has added administrator, manager, director,and/or person in charge. COMMENT: Concerning sec.37.305(e)(2), (regarding obtaining potential cases), one staff member commented that medical and health records should be included as data sources. In addition, the commenter felt that copies of reports on cases should be made available to TDH staff when requested. There is no mention of this in the rules. RESPONSE: The department is in agreement with both suggestions and has added language accordingly. COMMENT: Concerning sec.37.306 ("Access to Information in the Central Registry"),one commenter stated that the process of review as proposed requires a divisional panel, followed by the institutional review board (IRB) of the department. This appeared to the commenter to be "costly and excessively time consuming." She questioned why this could not be done by a single group. RESPONSE: The department disagrees with this comment, because the two review entities have different functions. It is anticipated that, eventually, research proposals to access registry data will be numerous. A divisional panel can be used to objectively yet quickly decide which proposals might have merit, particularly from a scientific or public health relevance standpoint. The department's IRB could then examine only those proposals approved by the divisional review panel, with an emphasis on ethics and human subjects protection. (Although the department's IRB will also address the issue of scientific merit, its primary purpose is to address concerns relating to the protection of human subjects.) This will allow the IRB to concentrate in its area of expertise on bona fide proposals. In this manner, the IRB will be prevented from having to review numerous proposals, some with little or no merit scientifically. COMMENT: Concerning sec.37.306(c)(1), one commenter stated that the following first statement was too restrictive: "Key investigators shall have significant training and experience in biomedical research as demonstrated by a history of prior research and publication of results in peer-reviewed journals." A similar comment was made by staff. Both commenters were concerned that such a statement would preclude research conducted by students for their master'stheses and doctoral dissertations. RESPONSE: The department welcomes well-designed study proposals from students, as long as there are faculty members affiliated with the student's project who possess the qualifications listed. The department has added language accordingly. COMMENT: Concerning sec.37.306(c), one comment was received by staff regarding the denial of a research proposal for a hypothesis or project already under investigation, either within or outside the department. RESPONSE: The department agrees and has added a new paragraph (10) in response to the comment. COMMENT: Concerning sec.37.306(h)(4), a commenter wanted to strengthen the wording to include the word "data". RESPONSE: The department agrees with this comment and has added the word. These comments were received from a birth defects specialist from the Centers for Disease Control and Prevention, a clinical geneticist in San Antonio and several Texas Department of Health staff members. All commenters were generally in favor of the rules as proposed but had questions and concerns. The new sections are adopted under the Health and Safety Code, Chapter 87, Birth Defects, Chapter 602, sec.1, Acts of the 73rd Legislature (1993), which requires monitoring of birth defects and establishment of a birth defects registry; and under Health and Safety Code, Chapter 12, which gives the Texas Board of Health authority to adopt rules for the performance of each duty imposed by law. sec.37.301. Purpose. These sections implement the provisions of Senate Bill 89, 73rd Legislature, adding Chapter 87 to the Health and Safety Code. Chapter 87 provides the Texas Board of Health with the authority to adopt rules relating to the surveillance and control of birth defects. The legislation directs the Texas Department of Health (department) to develop a statewide surveillance program, but permits the department to implement a pilot program limited to part of the state, depending on resources available to the department. sec.37.303. Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. Birth defect-A physical or mental functional deficit or impairment in a human embryo, fetus, or newborn resulting from one or more genetic or environmental causes. Birthing center -A place, facility, or institution at which a woman is scheduled to give birth following a normal, uncomplicated pregnancy, but does not include a hospital or the residence of the woman giving birth. Case finding-The process used to identify potential cases for inclusion in the central registry of the Texas Department of Health's Texas Birth Defects Monitoring Division. Potential cases are obtained through review of medical and health records, logs, indices, records. Central registry -Cases of birth defects obtained through the surveillance activity of the Texas Birth Defects Monitoring Division. Commissioner-The Commissioner of the Texas Department of Health. Communicable disease -An illness that occurs through the transmission of an infectious agent or its toxic products from a reservoir to a susceptible host, either directly, as from an infected person or animal, or indirectly through an intermediate plant or animal host, a vector,or the inanimate environment. Department-The Texas Department of Health. Director-The executive director of the department who is the Commissioner of the Texas Department of Health. Environmental cause -The sum total of all the conditions and elements that make up the surroundings and influence the development of an individual. Harmful physical agent-A physical phenomenon, other than a toxic substance, that has or may have carcinogenic, mutagenic, teratogenic, or other harmful effects on humans, and includes ionizing radiation, X-rays, gamma rays, ultraviolet light, or other electromagnetic radiation; and acoustical, thermal, or mechanical vibration. Health facility -A facility which includes: (A) a general or special hospital licensed by the department under Health and Safety Code, Chapter 241; (B) a physician-owned or physician-operated clinic; (C) a publicly or privately funded medical school; (D) a state hospital or state school maintained and managed by the Texas Department of Mental Health and Mental Retardation; (E) a genetic evaluation and counseling center; (F) a public health clinic conducted by a local health unit, health department, or public health district organized and recognized under Health and Safety Code, Chapter 121; (G) a physician peer review organization; and (H) a birthing center. Health professional -An individual whose: (A) vocation or profession is directly or indirectly related to the maintenance of health in another individual; and (B) duties require a specified amount of formal education or training and may require a special examination, certificate, or license or membership in a regional or national association. Local health unit-A division of municipal or county government that provides public health services but does not provide each service required of a local health department under Health and Safety Code, sec.121.032(a), or of a public health district under Health and Safety Code, sec.121.043(a). Midwife-A person who practices midwifery and has met the requirements of the standards of the midwifery board. Pilot program-The birth defects surveillance program with coverage limited to the counties of Health and Human Services Regions 6 and 11. Toxic substance -A substance that has or may have toxic, carcinogenic, mutagenic,teratogenic, or other harmful effects on humans, and includes a product that contains a toxic substance that poses or may pose a substantial hazard to human health. sec.37.305. Surveillance of Birth Defects: Central Registry. (a) The central registry shall use a birth defects coding scheme used by the Centers for Disease Control and Prevention (CDC) of the United States Public Health Service in their birth defects monitoring programs, which is titled "Birth Defects and Genetic Branch 6-Digit Code for Reportable Congenital Anomalies" dated June 1993. (b) The central registry will cover only the pilot project area until resources necessary to expand statewide are allocated. (c) In order for information related to a child to be included in the central registry, the following conditions must be met. (1) The county of occurrence of birth or the mother's residence at the time of birth must have been in a Texas county covered by the central registry. (2) The child must have a structural or genetic birth defect or other specified outcome that can adversely affect his or her health and development as defined in subsection (a) of this section. (3) The defect must be diagnosed or its signs and symptoms must be recognized within the first year of life. In certain circumstances (e.g. the surveillance of fetal alcohol syndrome, special studies and childhood genetic disorders diagnosed after infancy), the upper age limit will be extended to age six. (d) A reportable defect as defined in subsection (a) of this section occurring in a fetal death or pregnancy termination shall be included in the central registry. (e) Each health care facility midwife's office, birthing center, pregnancy termination center and physician likely to have knowledge of a birth defect case and located in a county covered by the registry shall receive an introductory letter from the Texas Department of Health's director of the Texas Birth Defects Monitoring Division, providing materials about Chapter 87 of the Health and Safety Code, relating to birth defects and the rules in this section relating to their participation in the surveillance system. Additional information shall be available upon request. (1) The chief operating officer, administrator, manager, director, and/or person in charge of each facility or office shall appoint one staff member as the contact person for the central registry surveillance activities. That staff member will coordinate scheduled visits by central registry staff to review logs, discharge indices and other case-finding sources, and will be responsible for arranging medical records review visits and record management. (2) Potential cases are obtained through review of medical and health records,logs, indices, appointment rosters, and other records. (3) Central registry staff and the contact individual shall establish a general schedule of case-finding and record review visits. This schedule shall take into account the capabilities of the health care facility in responding to requests, as well as the expected needs of the central registry workload. (f) The medical records and other materials provided by the health care facility shall not be removed from that facility. If copies are made, central registry staff must abide by procedures regarding copier use agreed upon with each health care facility. All information, either on paper or in electronic form, which is removed from the health care facility shall be transported by secure means at all times. Forms, notes, and other information will be carried in locked brief cases and will be stored in locked offices or lockable file cabinets. (g) The following general skills and qualifications shall be required for employment in the Texas Birth Defects Monitoring Division. (1) The Director of the Texas Birth Defects Monitoring Division shall possess doctoral level training in the medical or public health sciences and experience in public health surveillance or birth defects. He/she shall conduct himself/herself in a professional manner and shall have signed an agreement to actively protect the confidentiality of patient information. (2) Persons who will conduct case-finding and data abstraction shall possess knowledge of basic medical terminology, be able to interpret complex medical record information, conduct themselves in a professional manner, and shall have signed an agreement to actively protect the confidentiality of the patient information they collect and process. (3) All other employees shall conduct themselves in a professional manner, and shall have signed an agreement to actively protect the confidentiality of all patient information. sec.37.306. Access to Information in the Central Registry. (a) An application for access to any confidential data elements for individual patients identified as part of the operation of the central registry must contain a protocol and be submitted to the Texas Department of Health's (department) director of the Texas Birth Defects Monitoring Division. The protocol shall explain the applicant's "valid scientific interest" by describing, at length: (1) the name and qualifications of the principal investigator, professional staff, and every person who will review, analyze, or access the data; (2) the background justification for the study; (3) the goals and aims of the proposed study; (4) the health outcomes of interest; (5) the methodology for measuring exposures; (6) the methodology for measuring and adjusting for confounding variables; (7) the precise statistical techniques to be used in the analysis of data, including power and methods to address biases inherent in the study design and data; (8) the time tables and feasibility for completion of the study; (9) the level and sources of funding for the study; (10) an explanation of the potential benefits and disadvantages involving human subjects; (11) the plans to maintain the confidentiality of the information provided by the department; and (12) a discussion of the project's pertinence to the fields of medical research,medical care, public health, epidemiology, biostatistics, or maternal and child health. (b) After the director of the Texas Birth Defects Monitoring Division receives the completed request for information, the protocol will be reviewed by a divisional review panel. The panel shall consist of the director of the Texas Birth Defects Monitoring Program, the chief of the Bureau of Epidemiology, and a senior departmental epidemiologist. Upon approval by the divisional panel, the protocol shall be evaluated and judged by the department's institutional review board. Final approval of the protocol shall require the approval of both the divisional panel and the institutional review board and shall be based on an evaluation of the criteria listed in subsection (c) of this section. (c) The evaluation criteria for approval shall include the following. (1) The key investigators shall have significant training and experience in biomedical research as demonstrated by a history of prior research and publication of results in peer-reviewed journals. For bona fide student proposals, faculty committee members should possess these qualifications. (2) The background reasons for conduct of the proposed study shall be compelling, as judged by the importance of the scientific question being asked, relative to the fields of epidemiology, medicine, public health or other medical research. (3) The goals and aims shall be clearly stated, consistent with the scientific question, and relevant to the field. (4) If appropriate, the methods for measuring or estimating exposure shall be scientifically valid. (5) The roles of other factors (that might be related to both the exposures and the birth defects studied) shall be considered, and the methods for measuring and adjusting for these factors shall be clear and scientifically valid. (6) If appropriate, power calculations shall indicate a reasonable chance of identifying expected differences between groups. (7) The statistical techniques to be used in data analysis, including methods to address biases in the study design shall be clear and appropriately used. (8) The potential benefits and disadvantages of working with human subjects must be clearly described. (9) Plans of how the investigators propose to maintain the confidentiality and integrity of the information provided by the department shall be clearly detailed. (10) The hypothesis or topic to be studied must not already be under investigation. (d) Modification to the protocol or other terms and conditions may be required before releasing any data. (e) If the applicant intends to contact individuals whose names were provided by the Texas Birth Defects Monitoring Division, the protocol must contain strong methodologic support for the need for such contact. (f) If the protocol is approved by both the divisional panel and the institutional review board, then the researcher shall be considered to have established a valid scientific interest as required. The Director of the Texas Birth Defects Monitoring Division shall so advise the Commissioner of the Texas Department of Health (Commissioner). The researcher will be required to comply with the conditions of subsections (g) and (h) of this section before any data will be released. (g) If permission is granted, the applicant shall be responsible for all reasonable and necessary costs incurred by the Texas Birth Defects Division in making the data available. The applicant shall incur the cost of the Texas Birth Defects Monitoring Division to monitor all contact with human subjects. The date of delivery of data shall be determined by the Director of the Texas Birth Defects Monitoring Division based on workload and the nature of the request. (h) Prior to release of any data, the director of the Texas Birth Defects Monitoring Division shall receive from all applicants, including the principal investigators, staff, and consultants who will receive access to any confidential central registry data, a signed written statement guaranteeing that: (1) the applicant shall not allow any person other than those identified in the protocol, to access, use, or otherwise review the data supplied by the Texas Birth Defects Monitoring Division; (2) there shall be no deviation from the protocol without explicit advance review and approval by the Texas Birth Defects Monitoring Division panel, the department's institutional review board, and the Commissioner; (3) information obtained in the course of activities undertaken or supported using the data from the Texas Birth Defects Monitoring Program shall not be used for any purpose other than the exact purpose for which it was supplied; (4) all data, data tapes and disks, hard copy output, interview questionnaires or other materials provided by the Texas Birth Defects Monitoring Division are considered the property of the Texas Department of Health and shall be returned to the department at the completion of the study. Any confidential information which is copied or otherwise transferred,electronically or through other means, shall be destroyed at the completion of the research unless otherwise stated in the research protocol; (5) the Texas Birth Defects Monitoring Division, Texas Department of Health shall be acknowledged as a source of birth defects or other data in all written reports, data tabulations or publications that are produced by use of these data; (6) the applicant agrees to notify the director of the Texas Birth Defects Monitoring Division immediately upon receiving any request for access to data in the applicant's possession; (7) the applicant shall notify the director of the Texas Birth Defects Monitoring Division on receiving notice of any legal action that might affect disclosure of the data, either by subpoena, discovery, or other means; and (8) the applicant must agree to reimburse the Texas Birth Defects Monitoring Division for reasonable costs it incurs in protecting patient information from legal disclosure. (i) While the Texas Birth Defects Monitoring Division utilizes vital records information,that information is the responsibility and property of the department's Bureau of Vital Statistics(bureau). Investigators who request vital records information from the bureau must obtain approval according to the policies of the bureau. 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 September 28, 1994. TRD-9448824 Susan K. Steeg General Counsel, Office of General Counsel Texas Department of Health Effective date: October 20, 1994 Proposal publication date: July 5, 1994 For further information, please call: (512) 458-7236 Chapter 56. Family Planning Subchapter A. Program Information 25 TAC sec.56.104 The Texas Department of Health (department) adopts new sec.56.104, concerning the Family Planning Advisory Council, with changes to the proposed text as published in the July 5, 1994, issue of the Texas Register (19 TexReg 5155). New sec.56.104 establishes the Family Planning Advisory Council to advise the Bureau of Women and Children, Family Planning Program, and the Board of Health in matters related to family planning. Specifically, the new section covers applicable law, purpose, tasks, abolishment, composition, terms of office, officers, meetings, attendance, staff, procedures, subcommittees, statements by members, reports to the board, reimbursement of members' expenses, and the rules' effective date. The previous family planning advisory committee was established in 1990 as an interagency council to advise the Department of Human Services (DHS) and the department in the administration of the irrespective family planning programs. However, House Bill 7 transferred the DHS family planning program to the department on September 1, 1993. The department now administers the consolidated programs funded under Titles V, X, XIX, and XX. The new section ensures the department's continued compliance with Texas Civil Statutes, Article 6252-33, concerning state agency advisory committees, and the department's continued access to an effective forum in which providers and consumers can offer advice to the Bureau of Women and Children Family Planning Program and to the Board of Health. Texas Civil Statutes, Article 6252-33, requires the department to evaluate each of its advisory committees to determine whether each committee should be continued, modified, consolidated with other committees, or abolished. During the department's review, the purpose, composition, and performance of the Family Planning Interagency Advisory Council was evaluated. The department believes there is a continuing need for a family planning advisory council, but that it no longer must advise both departments. The new council's structure has been revised to create a better balance between consumer and nonconsumer representatives, and the council's size has been changed from 12 to 14. The changes to sec.56.104 as it was proposed are the result of comments received and the department's further consideration of two aspects of the rules, specifically the purpose and composition of the council. The changes are described in the following comments to responses. The following comments were received concerning proposed sec.56.104. COMMENT: Concerning sec.56.104(c), a commenter stated that the language concerning the council's purpose was not sufficiently descriptive. RESPONSE: The department agrees and has revised and expanded the description of the council's purpose. COMMENT: Concerning sec.56.104(f), a number of commenters recommended that the council membership not include any representative of a Planned Parenthood affiliate or any family planning agency that provides abortion services. The commenters stated that representation from such agencies would pose a conflict of interest in that they would promote referral of clients to their agencies for abortions. Several other commenters felt that the proposed membership of the council would not have the expertise, insight, and experience to set policy and direction for the family planning program. The previous Family Planning Interagency Advisory Council made the following summarized comments during its final meeting on June 16, 1994. The proposed member representation seems to have shifted in emphasis from "administrative" and "provider" focused to "consumer" and "clinically" focused. Consumer advice should be obtained through survey methods and as represented by family planning agency directors. The proposed consumer members could result in all four members being male. The education representative should come from a school health provider. The Department of Human Services representative should not be from the worker level. With the importance of health care reform and the focus on teen pregnancy prevention, there should be representatives from the Department of Human Services and the Texas Education Agency. RESPONSE: The department disagrees that family planning agencies which also provide abortion services should be barred from membership on the council and that such members pose a conflict of interest. Although some family planning agencies provide abortion services, no departmental family planning funds may be used to provide abortion services. Family planning services are related to contraceptives, not abortions and family planning services actually prevent the need for abortions. Furthermore, providers must establish safeguards to prevent conflicts of interest, and the department has never been made aware of, nor found any evidence during periodic monitoring visits and activities, that any family planning agency provider has engaged in a conflict of interest with regard to abortion services. No change in the proposed section was made as a result of the comments regarding conflict of interest. The department also disagrees that the proposed membership would not have the necessary expertise, insight, and experience. However, the department considered the commenters' suggested membership in revising the proposed membership. Furthermore, the department disagrees that consumer advice should be obtained only from consumer surveys and agency directors. The department believes that member representation, as it has been revised, is balanced between provider, consumer, clinical, and administrative perspectives. The department considered some of the commenters' suggested membership categories for the council in determining the revisions to the council's proposed membership. COMMENT: Concerning sec.56.104(l)(4), a number of commenters requested that this paragraph, regarding nondiscrimination in the discharge of the council's duties, be amended to include sexual orientation. RESPONSE: The department disagrees in that sexual orientation is not covered under federal or state statutes as a basis for protection from discrimination. However, the department will not allow committee members to make decisions which discriminate based on someone's sexual orientation in the discharge of its duties. The department adopts sec.56.104(l)(4) without change. The following submitted comments regarding proposed sec.56.104: Family Planning Interagency Advisory Council; Texas Family Planning Association; Planned Parenthood Association of Hidalgo County, Inc.; Planned Parenthood of West Texas, Inc.; The University of Texas Medical Branch at Galveston; Hill Country Community Action Association, Inc.; and Planned Parenthood of Houston and Southeast Texas, Inc. The commenters were generally in favor of the proposed rules, however, they expressed concerns as previously mentioned. sec.56.104. Family Planning Advisory Council. (a) The committee. An advisory committee shall be appointed under and governed by this section. (1) The name of the committee shall be Family Planning Advisory Council. (2) The committee shall meet the intent of 42 United States Code 300, et seq, 42 Code of Federal Regulations, sec.59.6, and the Title X Program Guidelines for Project Grants for Family Planning Services. (b) Applicable law. The committee is subject to Texas Civil Statutes, Article 6252-33, relating to state agency advisory committees. (c) Purpose. The purpose of the committee is to provide advice to the board and program staff in the area of comprehensive family planning services. The committee process affords the opportunity for participation in the development, implementation, and evaluation of the program by persons broadly representative of all significant elements of the population to be served, and by persons in the community knowledgeable about the needs for family planning services. (d) Tasks. (1) The committee shall evaluate, on an on going basis, the family planning needs of the state and the family planning program; make recommendations for the program's improvement; and review and make recommendations regarding proposed policy revision and development. (2) The committee shall advise the board concerning rules relating to the family planning program under Titles V, X, XIX, and XX. (3) The committee shall carry out any other tasks given to the committee by the board. (e) Committee abolished. The committee shall be automatically abolished on January 1, 1999. (f) Composition. The committee shall be composed of 14 members. (1) The composition of the committee shall include four family planning consumer representatives and ten professional representatives. The composition of the committee shall reflect the diversity of the state's citizens and consumers, with regard to ethnicity, race, age, gender, residence, and economic status. Each member shall represent this diversity on behalf of all the citizens of the state in all the committee's deliberations and decisions, not simply represent a narrowly defined constituency. (2) The members of the committee shall be appointed by the board as follows: (A) four family planning consumers, with at least one male representative; and (B) ten professional members, including the following: (i) two primary care physicians currently licensed by the Texas State Board of Medical Examiners and currently involved in the delivery of family planning services. One physician must be certified by the American College of Obstetricians and Gynecologists or its equivalent and one must be specializing in the field of adolescent medicine; (ii) one women's health care nurse practitioner with family planning experience, currently licensed by the Board of Nurse Examiners for the State of Texas; (iii) four family planning provider agency administrators; (iv) one education representative; (v) one Regional Coordinating Committee Chairperson; (vi) one representative of Client Self-support Services. (g) Terms of office. The term of office of each member shall be six years. (1) Members shall be appointed for staggered terms so that the terms of members shall expire on December 31 of each even-numbered year, beginning in 1996. In 1996, five members' terms shall expire and five new members shall be appointed. In 1998, five members' terms shall expire and five new members shall be appointed. In 2000, four members' terms shall expire and four new members shall be appointed. (2) If a vacancy occurs, a person shall be appointed to serve the unexpired portion of that term. (h) Officers. The committee shall elect a presiding officer and an assistant presiding officer at its first meeting after August 31st of each year. (1) Each officer shall serve until the next regular election of officers. (2) The presiding officer shall preside at all committee meetings at which he or she is in attendance, call meetings in accordance with this section, appoint subcommittees of the committee as necessary, and cause proper reports to be made to the board. The presiding officer may serve as an ex-officio member of any subcommittee of the committee. (3) The assistant presiding officer shall perform the duties of the presiding officer in case of the absence or disability of the presiding officer. In case the office of presiding officer becomes vacant, the assistant presiding officer will serve until a successor is elected to complete the unexpired portion of the term of the office of presiding officer. (4) A vacancy which occurs in the offices of presiding officer or assistant presiding officer may be filled at the next committee meeting. (5) A member shall serve no more than two consecutive terms as presiding officer and/or assistant presiding officer. (6) The committee may reference its officers by other terms, such as chairperson and vice-chairperson. (i) Meetings. The committee shall meet at least semiannually to conduct committee business. (1) A meeting may be called by agreement of department staff and either the presiding officer or at least three members of the committee. (2) Meeting arrangements shall be made by department staff. Department staff shall contact committee members to determine availability for a meeting date and place. (3) Each meeting of the committee shall be announced and conducted in accordance with the Open Meetings Act, Texas Government Code, Chapter 551. (4) Each member of the committee shall be informed of a committee meeting at least five working days before the meeting. (5) A simple majority of the members of the committee shall constitute a quorum for the purpose of transacting official business. (6) The committee is authorized to transact official business only when in a legally constituted meeting with a quorum present. (7) The agenda for each committee meeting shall include an opportunity for any person to address the committee on matters relating to committee business. The presiding officer may establish procedures for such public comment, including a time limit on each comment. (j) Attendance. Members shall attend committee meetings as scheduled. Members shall attend meetings of subcommittees to which the members are assigned. (1) A member shall notify the presiding officer or appropriate department staff if he or she is unable to attend a scheduled meeting. (2) It is grounds for removal from the committee if a member cannot discharge the member's duties for a substantial part of the term for which the member is appointed because of illness or disability, is absent from more than half of the committee and subcommittee meetings during a calendar year, or is absent from at least three consecutive committee meetings. (3) The validity of an action of the committee is not affected by the fact that it is taken when a ground for removal of a member exists. (4) The attendance records of the members shall be reported to the board. The report shall include attendance at committee and subcommittee meetings. (k) Staff. Staff support for the committee shall be provided by the department. (l) Procedures. Roberts Rules of Order, Newly Revised, shall be the basis of parliamentary decisions except where otherwise provided by law or rule. (1) Any action taken by the committee must be approved by a majority vote of the members present once a quorum is established. (2) Each member shall have one vote. (3) A member may not authorize another individual to represent the member by proxy. (4) The committee shall make decisions in the discharge of its duties without discrimination based on any person's race, creed, gender, religion, national origin, age, physical condition, or economic status. (5) Minutes of each committee meeting shall be taken by department staff. (A) A draft of the minutes approved by the presiding officer shall be provided to the board and each member of the committee within 30 days of each meeting. (B) After approval by the committee, the minutes shall be signed by the presiding officer. (m) Subcommittees. The committee may establish subcommittees as necessary to assist the committee in carrying out its duties. (1) The presiding officer shall appoint members of the committee to serve on subcommittees and to act as subcommittee chairpersons. The presiding officer may also appoint nonmembers of the committee to serve on subcommittees. (2) Subcommittees shall meet when called by the subcommittee chairperson or when so directed by the committee. (3) A subcommittee chairperson shall make regular reports to the advisory committee at each committee meeting or in interim written reports as needed. The reports shall include an executive summary or minutes of each subcommittee meeting. (4) The committee shall have a standing subcommittee called the Subcommittee of Regional Coordinating Committee Chairpersons (SRCCC). The SRCCC shall be comprised of chairpersons of the eleven Regional Coordinating Committees (RCC). The regional committees shall be comprised of representatives from the family planning agencies in the region. (n) Statement by members. The board, the department, and the committee shall not be bound in any way by any statement or action on the part of any committee member except when a statement or action is in pursuit of specific instructions from the board, department, or committee. (o) Reports to board. The committee shall file an annual written report with the board. (1) The report shall list the meeting dates of the committee and any subcommittees, the attendance records of its members, a brief description of actions taken by the committee, a description of how the committee has accomplished the tasks given to the committee by the board, the status of any rules which were recommended by the committee to the board, anticipated activities of the committee for the next year, and any amendments to this section requested by the committee. (2) The report shall identify the costs related to the committee's existence, including the cost of agency staff time spent in support of the committee's activities. (3) The report shall cover the meetings and activities in the immediately preceding 12 months and shall be filed with the board each January. It shall be signed by the presiding officer and appropriate department staff. (p) Reimbursement for expenses. In accordance with the requirements set forth in Texas Civil Statutes, Article 6252-33, a committee member may receive reimbursement for the member's expenses incurred for each day the member engages in official committee business. (1) No compensatory per diem shall be paid to committee members unless required by law. (2) A committee member who is an employee of a state agency, other than the department, may not receive reimbursement for expenses from the department. (3) A nonmember of the committee who is appointed to serve on a subcommittee may not receive reimbursement for expenses from the department. (4) Each member who is to be reimbursed for expenses shall submit to staff the member's receipts for expenses and any required official forms no later than 14 days after each committee meeting. (5) Requests for reimbursement of expenses shall be made on official state travel vouchers prepared by department staff. (q) Effective date. This section shall become effective on January 1, 1995. 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 September 28, 1994. TRD-9448825 Susan K. Steeg General Counsel, Office of General Counsel Texas Department of Health Effective date: January 1, 1995 Proposal publication date: July 5, 1994 For further information, please call: (512) 458-7236 TITLE 28. INSURANCE Part I. Texas Department of Insurance Chapter 3. Life, Accident and Health Insurance and Annuities Subchapter FF. Credit Life and Accident and Health Insurance Responsibilities and Obligations of Insurance Companies and Their Agents and Representatives 28 TAC sec.3.6011 The Commissioner of Insurance of the Texas Department of Insurance adopts an amendment to sec.3.6011 concerning the responsibility and obligation of an insurer to provide a copy of a Texas Department of Insurance-promulgated form entitled Consumer Bill of Rights for Credit Life, Credit Disability and Involuntary Unemployment Insurance with each new policy and certificate of credit life, credit disability and involuntary unemployment insurance. The amendment requires that all insurers provide the form in English, and in Spanish if requested. Section 3.6011 is being adopted without changes to the proposed text in the August 19, 1994 issue of the Texas Register (19 TexReg 6504). The rule is necessary to comply with statutory requirements in the Insurance Code, Article 1.35A sec.5(b)(8). The Insurance Code, Article 1.35A sec.5(b)(8) requires the Office of Public Insurance Counsel to submit to the department for adoption by rule a consumer bill of rights appropriate to each personal line of insurance regulated by the department to be distributed to each policyholder by insurers upon the issuance of a policy. Article 1.03A authorizes the commissioner of insurance to adopt rules and regulations for the conduct and execution of the duties and functions of the department as authorized by statute. The rule provides for insurers to deliver a copy of the Consumer Bill of Rights for Credit Life, Credit Disability and Involuntary Unemployment Insurance with each policy and certificate of credit life, credit disability and involuntary unemployment insurance in English, or in Spanish if requested. The rule also requires the Consumer Bill of Rights for Credit Life, Credit Disability and Involuntary Unemployment Insurance to accompany each renewal notice of credit life, credit disability and involuntary unemployment insurance, unless a current version has previously been provided to the insured by the insurer. Additionally, the rule provides for the promulgation of the Spanish version of the form, provides a name of the form, gives notice that the form may be obtained from the department, and provides the requirements for insurers who reproduce the form. One comment in support of the proposal was received. The comment in support of the proposal was from the Office of Public Insurance Counsel. No comments were received regarding adoption of the amendment. The amendment is adopted under the Insurance Code, Articles 20A.22(a) and 1. 03A. The Insurance Code, Article 20A.22(a) authorizes the promulgation of rules to carry out the provisions of the Health Maintenance Organization Act, the Insurance Code, Chapter 20A. Article 1.03A provides that the Commissioner of Insurance may adopt rules and regulations for the conduct and execution of the duties and functions of the Department as authorized by statute. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on September 30, 1994. TRD-9448897 D. J. Powers Chief Clerk and General Counsel Texas Department of Insurance Effective date: October 21, 1994 Proposal publication date: August 19, 1994 For further information, please call: (512) 463-6327 Chapter 11. Health Maintenance Organizations Subchapter O. Administrative Procedures 28 TAC sec.11.1403 The Texas Department of Insurance adopts amendments to sec.11.1403, without changes to the proposed text as published in the July 26, 1994, issue of the Texas Register (19 TexReg 5697). The adoption of amendments to sec.11.1403 will provide access to health maintenance organization enrollees of an operable toll-free complaint telephone number for psychiatric and chemical dependency treatment services. Section 11.1403 was amended to provide notice of a changed toll-free telephone number. This change was necessary because the former toll-free telephone number is no longer in service. In addition, sec.11.1403 was amended to correct a typographical error by deleting the comma after "services" in the notice. The adoption of amendments to sec.11.1403 will result in availability to enrollees of complaint resolution services through access to an operable toll- free complaint telephone number for psychiatric and chemical dependency treatment services. No comments were received on the proposed amendment. The amendment is adopted under the Insurance Code, Articles 20A.22(a) and 1. 03A. The Insurance Code, Article 20A.22(a) authorizes the promulgation of rules to carry out the provisions of the Health Maintenance Organization Act, the Insurance Code, Chapter 20A. Article 1.03A provides that the Commissioner of Insurance may adopt rules and regulations for the conduct and execution of the duties and functions of the Department as authorized by statute. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on September 30, 1994. TRD-9448896 D. J. Powers Chief Clerk and General Counsel Texas Department of Insurance Effective date: October 21, 1994 Proposal publication date: July 26, 1994 For further information, please call: (512) 463-6327 TITLE 34. PUBLIC FINANCE Part I. Comptroller of Public Accounts Chapter 3. Tax Administration Subchapter F. Motor Vehicle Sales Tax 34 TAC sec.3.77 The Comptroller of Public Accounts adopts the repeal of sec.3.77, concerning refunds and payments made under protest, without changes to the proposed text as published in the April 26, 1994, issue of the Texas Register (19 TexReg 3135). The section is being repealed so that a substantially revised section dealing with the same subject matter can be adopted. No comments were received regarding adoption of the repeal. This repeal is adopted under the Tax Code, sec.111.002, which provides the comptroller with the authority to prescribe, adopt, and enforce rules relating to the administration and enforcement of the provisions of the Tax Code, Title 2. 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 September 26, 1994. TRD-9448783 Martin E. Cherry Chief, General Law Section Comptroller of Public Accounts Effective date: October 19, 1994 Proposal publication date: April 26, 1994 For further information, please call: (512) 463-4028 The Comptroller of Public Accounts adopts new sec.3.77, concerning refunds and payments under protest of motor vehicle tax to replace sec.3.77 that is being repealed, without changes to the proposed text as published in the April 26, 1994, issue of the Texas Register (19 TexReg 3140). The new section is necessary to inform sellers and purchasers of the procedure to obtain refunds of tax paid in error. No comments were received regarding adoption of the amendment. This new section is adopted under the Tax Code, sec.111.002, which provides the comptroller with the authority to prescribe, adopt, and enforce rules relating to the administration and enforcement of the provisions of the Tax Code, Title 2. The new section implements the Tax Code, sec.sec.111, 112, and 152. 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 September 27, 1994. TRD-9448784 Martin E. Cherry Chief, General Law Section Comptroller of Public Accounts Effective date: October 19, 1994 Proposal publication date: April 26, 1994 For further information, please call: (512) 463-4028 Part III. Teacher Retirement System of Texas Chapter 23. Administrative Procedures 34 TAC sec.23.5 The Teacher Retirement System of Texas (TRS) adopts an amendment to sec.23. 5, concerning timeframe, nominations procedures and election procedures for the TRS Board of Trustees, without changes to the proposed text as published in the August 9, 1994, issue of the Texas Register (19 TexReg 6212). The Board of Trustees decided to change the Fall election to a Spring election and add some language to clarify non-substantive law changes. The amendment changes the elections from a Fall election (September-October) to a Spring election (March-April). In addition the length of terms set out in previous law, but dropped during a non-substantive recodification, are established in the rule for clarity. A title change for the head of the agency was made in the law and is now reflected in the rule. Finally, it is made clear that member numbers (social security numbers) must be placed on a returned ballot for validation purposes. No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Government Code, Chapter 825, sec.825.102, which authorizes the TRS to adopt rules for the administration of the funds of the retirement system and the transaction of business of the board and sec.825.002 as well as previous versions of this law before recodification setting terms of Board members. The change in title for the head of the agency was authorized in Chapter 812 of the Acts of the 73rd Legislature, 1993. 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 September 28, 1994. TRD-9448810 Wayne Blevins Executive Director Teacher Retirement System of Texas Effective date: October 19, 1994 Proposal publication date: August 9, 1994 For further information, please call: (512) 370-0506 TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part III. Texas Youth Commission Chapter 91. Discipline and Control Control 37 TAC sec.91.56 The Texas Youth Commission (TYC) adopts an amendment to sec.91.56, concerning custody and supervision rating, without changes to the proposed text as published in the August 26, 1994, issue of the Texas Register (19 TexReg 6717). The justification for amending the section is to provide educational opportunities and treatment for TYC youth. The amendment will allow for TYC youth to receive off-campus educational assessment or psychological assessment. 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 require the child to participate in moral, academic, vocational, physical, and correctional training and activities; and provide any medical or psychiatric treatment that is necessary. 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 September 28, 1994. TRD-9448809 Steve Robinson Executive Director Texas Youth Commission Effective date: October 19, 1994 Proposal publication date: August 26, 1994 For further information, please call: (512) 483-5244 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. Texas Department of Human Services Chapter 71. Public Information The Texas Department of Human Services (DHS) adopts the repeal of sec.sec.71. 1-71.3, 71.18, and 71.19; adopts new sec. sec.71.1-71.4; and adopts amendments to sec.sec.71.11, 71.12, 71.14, 71.15, and 71.40, concerning disclosure of information, confidentiality of information, and public interest information, in its Public Information rule chapter. New sec.71.2 and sec.71.4 and the amendment to sec.71.40 are adopted with changes to the proposed text as published in the July 29, 1994, issue of the Texas Register (19 TexReg 5827). The repeal of sec.sec.71.1-71.3, 71.18, and 71.19; new sec.sec.71.1 and 71.3; and the amendments to sec. sec.71.11, 71.12, 71.14, and 71.15 are adopted without changes and will not be republished. The justification for the repeals, new sections, and amendments is to comply with the Government Code, Chapter 552, which requires state agencies to specify the charges for copies of public records. In addition, DHS is adopting other new, repealed, and amended sections to delete obsolete material and update the rules. The repeals, new sections, and amendments will function by clarifying guidelines for providing access to, and copies of, public records and for determining the charges. The adoption of consistent and reasonable charges should result in better service to the public and in fees that are not so high as to bar access to public information. No comments were received regarding adoption of the repeals, new sections, and amendments; however, DHS is adopting sec. sec.71.2, 71.4, and 71.40 with minor clarifications that do not affect the function or intent of the sections. Section 71.2(a) is adopted with a change to add the following statement: "Requests for information regarding long term care facilities are governed by sec.90.323 of this title (relating to Procedures for Inspection of Public Records)." Section 71.4(a) is adopted with a change to add the following statement: "Individual department programs may have more specific rules governing release of program information." Section 71.40(c) is adopted with a change to add the following statement: "Complaints regarding long term care facilities are governed by sec.90.212 and sec.90.213 of this title (relating to Incidents of Abuse and Neglect Reportable by Facilities to the Texas Department of Human Services (DHS) and Complaint Investigation)." Disclosure of Information 40 TAC sec.sec.71.1-71.3 The repeals are adopted under the Human Resources Code, Title 2, Chapter 22, which provides the department with the authority to administer public assistance programs and the Government Code, Chapter 552, which provides the department with the authority to promulgate rules under which public records may be inspected. The repeals implement the Human Resources Code, sec.22.001 and the Government Code, sec.552.230. 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 September 30, 1994. TRD-9448937 Nancy Murphy Section Manager, Media and Policy Services Texas Department of Human Services Effective date: November 15, 1994 Proposal publication date: July 29, 1994 For further information, please call: (512) 450-3765 40 TAC sec.sec.71.1-71.4 The new sections are adopted under the Human Resources Code, Title 2, Chapter 22, which provides the department with the authority to administer public assistance programs and the Government Code, Chapter 552, which provides the department with the authority to promulgate rules under which public records may be inspected. The new sections implement the Human Resources Code, sec.22.001 and the Government Code, sec.552.230. sec.71.2. Accepting Requests for Information. (a) An open records request must be in writing and must identify the individual making the request and the information requested. The Texas Department of Human Services' (DHS's) Request for Records of Texas Department of Human Services form or any written request that meets this requirement is accepted. Requests for information regarding long term care facilities are governed by sec.90.323 of this title (relating to Procedures for Inspection of Public Records). DHS may request proper identification of the individual by driver's license or other official identification. DHS staff may ask for clarification if they cannot reasonably understand a particular request. (b) If the information is excepted from public release, DHS will inform the requestor with a reference to the specific exception that applies. If an Open Records Act decision is requested from the attorney general to determine whether information is excepted from public release, DHS will inform the requestor that DHS is requesting an Open Records Act decision. Information that is public is promptly produced for inspection, and a suitable copy of a public record will be provided within a reasonable time after the date on which the copy is requested, unless the information is in active use at the time. If the information is in active use, DHS will inform the requestor when the information will be available. (c) Original copies of public records may not be removed from the office to which the request for information is being made. sec.71.4. General Principles. (a) The test for releasing information is whether it is exempted from disclosure under the Open Records Act and other applicable state and federal laws. If it is for the purposes reasonably necessary for administering the assistance program, the information may be released. Individual department programs may have more specific rules governing release of program information. (b) Disclosure of information concerning applicants and recipients is allowed for purposes directly connected with the following: (1) administration of the state plan approved under the Social Security Act, Titles IV-A, IV-B, IV-C, IV-D, XIX, XX, or XVI(SSI); (2) any investigation, prosecution, or criminal or civil proceeding conducted in connection with the administration of any plans or programs; (3) administration of any other federal or federally assisted programs that provide: (A) assistance in cash or in kind; or (B) services directly to individuals on the basis of need; (4) law enforcement requests. Disclosure to law enforcement officials is permitted as follows. (A) Texas Department of Human Services (DHS) investigators with the Office of Inspector General (OIG) may release to a state, local, or federal law enforcement officer requesting the information a current address of an Aid to Families with Dependent Children (AFDC) client who is a fugitive or felon. A fugitive felon is any person for whom a felony arrest warrant (as defined in the Texas Penal Code) charging that person with a felony has been issued. The information may be released only under the following circumstances: (i) the officer must provide the client's name and social security number; (ii) the client must be a fugitive felon (as defined by the state); (iii) the felon's location or apprehension is within the officer's official duties; and (iv) the officer requests the information in the proper exercise of his official duties. (B) OIG investigators may release Food Stamp case record information to local, state, or federal law enforcement officials, if the officials meet the following requirements: (i) they are investigating an alleged violation of the Food Stamp Act; (ii) they make the request in writing; and (iii) they identify who is being investigated and the reason for the investigation. (c) Disclosure to any committee or legislative body (federal, state, or local) is prohibited if any information identifies a public assistance applicant or recipient by name and address. The United States Department of Health and Human Services (DHHS) has determined that information regarding applicants or recipients of financial assistance, including names and addresses, may be disclosed to a committee or legislative body when that body or committee certifies that the information is needed for any of the purposes listed in subsection (b)(1), (2), or (3) of this section and that the information will not be used for any other purpose. (d) When requests are received for information from the case records of deceased recipients, DHS is responsible for protecting the former recipient or survivors. (e) For eligibility verification and billing, persons and/or organizations outside DHS, as listed in paragraph (1) of this subsection, may request the release of electronically stored, confidential information needed to determine client eligibility. Other confidential information that is not used to determine eligibility may not be released. (1) Persons and/or organizations outside DHS may receive instructions concerning how to request electronically stored, confidential client eligibility information, as follows: (A) Medicaid providers and vendors may contact their National Heritage Insurance Company (NHIC) representatives; (B) non-Medicaid providers may contact their DHS contract managers; (C) government agencies may contact their DHS liaisons; and (D) other requestors may contact their local DHS offices. (2) Any requestor wanting information that exceeds routine eligibility verification and billing information must submit a written authorization signed by the client for whom information is being requested. The following information must be included in these authorizations: (A) statement to whom the information is to be released; (B) specific information to be released; (C) statement specifically authorizing DHS to release the information; (D) purpose of the release; (E) statement about whether refusal to sign the release affects eligibility for or delivery of services; and (F) effective and termination dates or process by which authorization may be terminated. 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 September 30, 1994. TRD-9448938 Nancy Murphy Section Manager, Media and Policy Services Texas Department of Human Services Effective date: November 15, 1994 Proposal publication date: July 29, 1994 For further information, please call: (512) 450-3765 Confidentiality of Information 40 TAC sec.sec.71.11, 71.12, 71.14, 71.15 The amendments are adopted under the Human Resources Code, Title 2, Chapter 22, which provides the department with the authority to administer public assistance programs. The amendments implement the Human Resources Code, sec.22.001. 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 September 30, 1994. TRD-9448939 Nancy Murphy Section Manager, Media and Policy Services Texas Department of Human Services Effective date: November 15, 1994 Proposal publication date: July 29, 1994 For further information, please call: (512) 450-3765 40 TAC sec.71.18, sec.71.19 The repeals are adopted under the Human Resources Code, Title 2, Chapter 22, which provides the department with the authority to administer public assistance programs. The repeals implement the Human Resources Code, sec.22.001. 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 September 30, 1994. TRD-9448940 Nancy Murphy Section Manager, Media and Policy Services Texas Department of Human Services Effective date: November 15, 1994 Proposal publication date: July 29, 1994 For further information, please call: (512) 450-3765 Public Interest Information 40 TAC sec.71.40 The amendment is adopted under the Human Resources Code, Title 2, Chapter 22, which provides the department with the authority to administer public assistance programs. The amendment implements the Human Resources Code, sec.22.001. sec.71.40. Public Interest; Complaints. (a) The Texas Department of Human Services (DHS) must make available to the general public and to appropriate state agencies information of public interest. This information must include descriptions of the functions of DHS, the functions of the Texas Board of Human Services, and the procedures by which complaints are filed with and resolved by DHS or board. (b) An individual or entity filing a complaint with DHS must be certain that the complaint concerns an individual or entity regulated by DHS or a service provided by DHS. (c) DHS's centralized source for receipt of statewide complaints and information and referral services for the general public, clients, and elected officials is the Texas Department of Human Services, Information and Referral Unit, Mail Code W-418, P.O. Box 149030, Austin, Texas 78714, (512) 450-3284. Complaints regarding long-term care facilities are governed by sec.90.212 and sec.90.213 of this title (relating to Incidents of Abuse and Neglect Reportable by Facilities to the Texas Department of Human Services (DHS) and Complaint Investigation). (d) Complaints about the provision of services may also be addressed to the regional administrator in each of DHS's 11 regions. Those addresses are as follows: (1) Region 01-Texas Department of Human Services, Mail Code 217-7, P.O. Box 10528, Lubbock, Texas 79408, (806) 742-9502. (2) Region 02/09-Texas Department of Human Services, Mail Code 001-1, P.O. Box 6635, Abilene, Texas 79608, (915) 690-2273. (3) Region 03-Texas Department of Human Services, Mail Code 012-5, P.O. Box 5128, Arlington, Texas 76005-5128, (817) 640-5090, Extension 2052. (4) Region 04-Texas Department of Human Services, Mail Code 313-5, 302 East Rieck Road, Tyler, Texas 75703-3620, (903) 509-5136. (5) Region 05-Texas Department of Human Services, Mail Code 028-1, P.O. Box 4906, Beaumont, Texas 77704-4906, (409) 880-3211. (6) Region 06-Texas Department of Human Services, Mail Code 172-1, P.O. Box 16017, Houston, Texas 77222, (713) 696-7100. (7) Region 07-Texas Department of Human Services, Mail Code 016-1, P.O. Box 15995, Austin, Texas 78761, (512) 834-3458. (8) Region 08-Texas Department of Human Services, Mail Code 279-4, P.O. Box 23990, San Antonio, Texas 78723-0990, (210) 619-8001. (9) Region 09-See Region 02/09. (10) Region 10-Texas Department of Human Services, Mail Code 111-1, P. O. Box 10276, El Paso, Texas 79994, (915) 599-3742. (11) Region 11-Texas Department of Human Services, Mail Code 108-1, P.O. Box 960, Edinburg, Texas 78539, (210) 316-8203. (e) Complaints alleging rude or unfair treatment, or discrimination on the basis of race, color, religion, national origin, sex, age, political beliefs, or disability may be addressed to one of the following: (1) Texas Department of Human Services, Civil Rights Division, P.O. Box 149030, Mail Code E-609, Austin, Texas 78714-9030, (512) 450-3630; or (2) the regional civil rights office in any of the 11 regional offices in subsection (d) of this section. (f) DHS also maintains toll-free hotlines to respond to complaints. Those hotlines are as follows: (1) Income assistance (AFDC and food stamps) -1-800-252-9330. (2) Fraud-1-800-222-2526. (g)-(i) (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 in Austin, Texas, on September 30, 1994. TRD-9448941 Nancy Murphy Section Manager, Media and Policy Services Texas Department of Human Services Effective date: November 15, 1994 Proposal publication date: July 29, 1994 For further information, please call: (512) 450-3765