ADOPTED RULES An agency may take final action on a section 30 days after a proposal has been published in the Texas Register. The section becomes effective 20 days after the agency files the correct document with the Texas Register, unless a later date is specified or unless a federal statute or regulation requires implementation of the action on shorter notice. If an agency adopts the section without any changes to the proposed text, only the preamble of the notice and statement of legal authority will be published. If an agency adopts the section with changes to the proposed text, the proposal will be republished with the changes. TITLE 4. AGRICULTURE Part I. Texas Department of Agriculture Chapter 3. Boll Weevil Eradication Program Subchapter D. Collection of Assessments and Assessment Penalties 4 TAC sec.3.80, sec.3.81 The Texas Department of Agriculture (the department) adopts new sec.3.80 and sec.3.81, concerning the placing of liens on harvested cotton for failure to pay assessments due under the boll weevil eradication program. Section 3.80 is adopted with changes to the proposed text as published in the August 9, 1994, issue of the Texas Register (19 TexReg 6189). Section 3.81 is adopted without changes and will not be republished. The new sections are adopted to implement the Texas Agriculture Code, sec.74. 115 (Vernon Supplement 1994), which authorizes the department to place a lien on cotton grown and harvested on acreage subject to assessment by the Texas Boll Weevil Eradication Foundation when the grower fails to pay assessments and penalties due to the foundation. Section 3.80 has been changed at subsection (c)(3) to state how lenders may request to be notified of a lien, and that only lenders having an interest in cotton produced within a boll weevil eradication zone may make such a request. These changes are being made at the suggestion of the Texas Bankers Association (TBA). New sec.3.80 provides procedures for placing a lien, including notice provisions and provisions for a lender to cure a delinquency. New sec.3.81 provides procedures for obtaining judicial action and foreclosure of a lien by the department. Comments generally in support of the new sections were submitted by the TBA, as well as comments specifically addressing the provision of notice to lenders, as incorporated into adopted sec.3.80, and lien status. In regards to the TBA comments regarding lien status, TBA commented that the sections should clearly state that the lien taken in these sections is not a priority lien. The department believes that the sections are already clear on this matter. Section 3.80(f) clearly states that the lien is not a priority lien and that it does not take priority over other prior liens. The new sections are adopted under the Texas Agriculture Code, sec.74.115, which provides the Texas Department of Agriculture with the authority to place and perfect a lien on cotton produced and harvested from acreage that is subject to an assessment established by the Texas Boll Weevil Eradication Foundation and that is due and unpaid; sec.12.016, which provides the department with the authority to adopt rules as necessary for the administration of the Texas Agriculture Code; and the Texas Government Code, sec.2001.004, which authorizes the department to adopt rules stating its requirements and procedures. sec.3.80. Placing Lien on Harvested Cotton. (a) Authority. In accordance with the Texas Agriculture Code Annotated (the Code), sec.74.115 (Vernon Supplement 1994), when a grower subject to an assessment established by the Texas Boll Weevil Eradication Foundation (the foundation) in accordance with the Code, Chapter 74, Subchapter D (Vernon Supplement 1994), fails to pay all assessments and penalties before the 31st day after receiving notice of a delinquency, the department may place and perfect a lien on cotton grown and harvested on acreage subject to the assessment. "Grower", for purposes of these sections, has the same definition as that found at sec.3.1(a) of this title (relating to Voter Eligibility). (b) Notice of delinquency. Upon notice by the foundation that a cotton grower, following notice and an opportunity to cure, has failed to pay an assessment, the department shall notify the grower by certified mail, return receipt requested, that: (1) the assessment is delinquent and the notice is a demand for payment of the assessment; (2) the grower has seven days in which to cure the delinquency by paying the assessment to the foundation; and (3) if the grower fails to pay the assessment the department will exercise its authority to place and perfect a lien on any harvested cotton and take any other necessary action to collect the assessment. (c) Notice of failure to cure and placement of lien. (1) If a grower fails to pay the assessment within seven days of receipt of the notice described in subsection (b) of this section, the department shall notify the grower by certified mail, return receipt requested, that: (A) the grower has failed to cure the delinquency; (B) the department is placing a lien, effective immediately, on any cotton harvested from the land subject to the assessment; (C) the department intends to enforce the debt and foreclose on the lien; and (D) the grower is to provide the department, within seven days of receipt of the notice, with a list of any known potential buyers of the cotton and of any lien holders on the cotton. (2) Upon request by the department, a grower shall provide a list of any known potential buyers and lien holders of cotton grown on and harvested from land subject to the foundation's assessment. (3) Upon receiving the grower's list of potential buyers and lien holders, the department shall provide written notice of the placement of the lien to each person or entity on the list. In addition, the department shall notify in writing the foundation, any lender or lender organization that has requested notice, and the Agricultural Stabilization and Conservation Service County Committee (ASCS) of any lien placed on harvested cotton. A lender, or lender organization on behalf of its members, having a financial interest in cotton grown within an established boll weevil eradication zone may request notice by writing to the Coordinator for Cotton Programs, Texas Department of Agriculture. Such request should include the location of cotton within an eradication zone in which the lender has an interest and name of the cotton grower. (d) Opportunity to cure delinquency. Upon receiving a delinquency notice or notice of lien placement in accordance with this section, a lender may cure the delinquency by paying the full amount of the assessment and any penalties due by a grower. A lien placed by the department on harvested cotton in accordance with this section shall be released upon notice from the foundation that full payment of the assessment and penalties has been received. A lien released under this subsection shall be released within 15 days of notice by the foundation that full payment has been received. (e) Receipt of notice. (1) Notice of delinquency and/or notice of failure to cure and of the department's placing of a lien sent to a grower in accordance with subsection (b) of this section is deemed received when sent to the grower's last known address on record with the ASCS or the foundation, or when personally delivered to a grower or a grower's representative. (2) Written notice of placement of a lien in accordance with subsection (b) of this section to a potential buyer is deemed received when sent to the potential buyer's last known address, as provided by the grower or on file with the foundation or the ASCS, and accepted by a person at that address who is over the age of 18 years. A potential buyer is deemed to have received actual notice if such notice is provided by phone, by personal contact, by verifiable telecommunications contact (i.e., computer), or by any other reasonable, verifiable means available to the department. (f) Status of lien. A lien placed in accordance with this section is not a priority lien, and does not have superior status to prior liens on the harvested cotton on which a lien is placed under this section. Accordingly, any proceeds from the sale of harvested cotton in accordance with sec.3.81 of this title (relating to Judicial Action and Foreclosure of Lien) shall first be paid to any prior lien holders, with any proceeds remaining after other prior liens have been satisfied going to the foundation for payment of the delinquent assessment and/or penalties due and owing. 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 October 14, 1994. TRD-9449658 Dolores Alvarado Hibbs Chief Administrative Law Judge Texas Department of Agriculture Effective date: November 4, 1994 Proposal publication date: August 9, 1994 For further information, please call: (512) 463-7583 Chapter 15. Consumer Services Division Texas Egg Law 4 TAC sec.sec.15.42-15.47, 15.49, 15.50, 15.53-15.55 The Texas Department of Agriculture (the department) adopts amendments to sec.sec.15.42-15.47, 15.49, 15.50, and 15.53-15.55, concerning the Texas Egg Law, with changes to the proposed text as published in the June 14, 1994, issue of the Texas Register (19 TexReg 4601). Section 15.44 and sec.15.47 are adopted with changes. Sections 15.42, 15.43, 15.45, 15.46, 15.49, 15.50, and 15.53- 15.55, are adopted without changes and will not be republished. The adopted amendments are made to clarify and modernize the regulations in response to new technology and standard practices in the egg industry and will make the sections consistent with statutory requirements. Section 15.44(a)(1) (A) and (a)(1)(B) have been changed, removing the first word in the subparagraph. The reference to legibly printed boldfaced capital letters in the second sentence now reads: "legibly printed boldfaced numerals". sec.15. 44(a)(1)(C) has been changed to read: "the post office, street address, or route number, and city and state of the Texas licensed facility where the eggs were actually graded, labeled, and/or packed. This information shall be legibly printed in boldface capital letters and shall be displayed on the carton in the same vicinity and type size as the Texas Egg License number". Section 15.44(a)(1)(D) has been changed, removing the first two words in the subparagraph and inserting "the words". Section 15.44(b)(1) has been changed, deleting the second sentence of the paragraph, because that sentence is repetitive. These and other changes have been made to sec.15.44 and sec.15.47 for purposes of clarification and to correct grammatical errors. The amendment to sec.15.42 will revise the definitions of case, eggs, food purveyor, person, producer, retail carton, and ungraded, as well as adding the definitions of department, legible, stock carton, and Texas Egg Law and deleting the definition of undue deterioration. The amendment to sec.15.43 will clarify who must obtain a license and change the amount of a brokers license to comply with applicable appropriations riders. The amendment to sec.15.44 will clarify and eliminate retail repackaging of eggs and specify labeling violations. The amendments to sec.15.45 and sec.15.47 will modernize the language used to determine false or deceptive labeling and the language used in reporting and record requirements. The amendment to sec.15.46 will specify an alternative form of labeling in emergencies and require the removal of cracked and leaking eggs from retail display. The amendment to sec.15.49 will require that all packed eggs be stored under refrigeration and that eggs shipped into Texas be transported under refrigeration. The amendment to sec.15. 50 will clarify language allowing exceptions to the Egg Law. The amendments to sec.15.47, sec.15.53 and sec.15.55 will update fees. The amendment to sec.15.54 will delete unnecessary language. No comments were received regarding adoption of the amendments. The amendments are adopted under the Texas Agriculture Code, sec.132.003, which provides the Texas Department of Agriculture with the authority to establish rules necessary for the administration of Texas Agriculture Code, Chapter 132, concerning regulation of egg quality. sec.15.44. Labeling. (a) Commercially printed cartons. (1) General requirements. All commercially printed retail cartons must set out that information as designated in subparagraphs (A)-(D), except as stated in paragraph (2) of this subsection: (A) the size, grade, and quantity of the eggs. This information must be legibly printed on the top principal display panel of the carton in boldface type. No reference may be made to any grade or size other than that claimed; (B) the Texas Egg License number of the dealer/wholesaler, which is the person that places or packs the eggs in the retail container. This license number shall be displayed in legibly printed boldfaced numerals and be placed on the top or either of the two sides of the egg carton in the same vicinity and type size as the address, city, and state of the grader/packer. This must be the license number of the actual packer rather than that of the second party for whom the eggs may be packed; (C) the post office, street address, or route number, and city and state of the Texas licensed facility where the eggs were actually graded, labeled, and/or packed. This information shall be legibly printed in boldface capital letters and shall be displayed on the carton in the same vicinity and type size as the Texas Egg License number; and (D) the words "ungraded" followed by "produced by (producer's name)" and the producer's address in legibly printed boldface type only when packed by a bona fide producer and sold directly to the consumer or through a retailer whose total egg sales of graded eggs do not exceed four cases (1,440 eggs) per week. If any portion of the required information relating to the packer, the license number, or the address, city, and state is printed on the carton at the time of its manufacture, then all of this information must be commercially printed. (2) Exemption. Firms having two or more packing operations may, at their election, utilize one inventory of egg cartons which display the Texas egg license number and address of the parent facility. However, each satellite packing station shall identify on each carton the address for the actual location where the eggs were sized and graded, or at its option, the identifying egg license number obtained from the department, which will serve to substitute for the address of the actual location of the applying satellite packing station. (b) Stock cartons. (1) If a packer is using stock cartons, the required information shall be legibly printed on the carton at the packing plant. The minimum information shall be as designated in subparagraphs (A)-(D) of this paragraph. (A) grade and size; (B) Texas license number; (C) post office, street address, or route number of packer; (D) city and state. (2) If a producer exempt under the Texas Agriculture Code, sec.132.002, is using stock cartons, the cartons must be labeled "produced by (producer's name)" and bear the producer's address in legible type only when packed by a bona fide producer and sold direct to the consumer or through a retailer whose total eggs sales do not exceed four cases (1,440 eggs) per week. Such information may be hand printed on the carton, provided it is legible and appears on the top panel of the egg carton. (3) Labeling information on the stock carton must be placed in a legible fashion and must contrast sharply with the background of the space imprinted. (c) Cases. Dealer/Wholesaler. All egg cases containing eggs in the channel of trade must bear a label on either or both ends of the case which contains the information designated in paragraphs (1) -(3) of this subsection, as applicable, in distinctly legible boldface capital type or print. This information may be commercially printed or rubber stamped on the label. (1)-(2) (No change.) (3) post office, street address, or route number; and (4) the city and state of the grader/packer. (d) Cases. Producer. If the case is packed by a producer, the label or tag affixed to the case shall read: "Produced by (producer's name)" and bear the complete mailing address of the producer. Such information may be hand printed, provided it is legible. (e) Uncartoned retail sales. If uncartoned eggs are offered for sale to the consumer at retail, a sign showing all the information required under subsection (c) of this section must be clearly displayed with the eggs. This sign must be distinctly legible in letters at least one inch high. All eggs must remain in the same case or container in which a retailer receives them from the producer or dealer/wholesaler. These eggs cannot be repacked or removed from the original case or container by anyone other than the consumer. (f) Eggs packed in retail "breakaway" cartons. If a retail carton can be divided by the consumer or retailer into smaller units for the purpose of selling lesser amounts of eggs, each half or portion of the container must contain full information as to the size and grade, amount remaining in the divided portion, Texas egg license number, address, and city and state of the grader/packer. (g) Violators of labeling provisions. Those persons failing to adhere to the provisions of this section, shall be subject to the appropriate criminal penalty as provided in the Texas Agriculture Code, sec.132. 081. A violation of this section is also subject to a civil or administrative penalty not to exceed $500 per violation. Each day a violation continues may be considered a separate violation for purposes of a penalty assessment. The department may also seek appropriate injunctive relief. sec.15.47. Reports and Records. (a) Reporting requirements. (1) Each licensee shall submit a report as designated by the department and remit any fees due on a monthly basis; however, a licensee at his election may submit the required reports on a quarterly basis, provided that no fees are due. This report is due not later than the tenth day of the following month, if filed monthly, or not later than the tenth day of the following quarter, if filed quarterly. If a fee is due, then the amount of this fee must accompany the reporting forms. Each licensee shall keep a copy of this report on file at the facility for which he is licensed for a period of two years. Any licensee who fails to promptly submit required reports or pay required fees is subject to criminal penalties specified in the Texas Egg Law sec.132.081. A violation of this section is also subject to a civil or administrative penalty not to exceed $500 per violation. Each day a violation continues may be considered a separate violation for purposes of a penalty assessment. The department may also seek appropriate injunctive relief. (2) All resident dealer/wholesalers of eggs in the State of Texas must report all eggs purchased and/or produced and the total volume of eggs sold at wholesale and retail. The licensee shall list on this report all plants and/or persons from whom eggs were purchased and accurately indicate whether these eggs were purchased on a graded or ungraded basis. A fee of $.05 per case on all sales of eggs on which the licensee established the first grade shall accompany this report. (3) The dealer/wholesaler operating in the State of Texas who obtains or purchases any eggs from a broker or the mercantile trade exchange is liable for the $.05 per case fee and the required labeling of said eggs, whether graded or ungraded. Furthermore, the Texas dealer/wholesaler shall be liable for the fee and labeling of any eggs purchased or obtained from an out-of- state packer that is not licensed with the State of Texas (whether said eggs are graded or ungraded). Any eggs of this nature received by a Texas dealer/wholesaler that do not bear a label which is in compliance with the labeling requirements of the Texas Egg Law shall be considered ungraded eggs. (4) It shall be the responsibility of the Texas dealer/wholesaler that receives out-of state egg shipments from unlicensed packers to notify the department by way of the report. Upon receiving this information, the department will contact this packer and require that he be licensed with the State of Texas. Failure to comply shall result in immediate stop-sale of all further shipments of eggs from said packer into the State of Texas. (5) The nonresident dealer/wholesaler shall give a complete breakdown of all sales of graded and ungraded eggs into the State of Texas, listing the individual plant or person to whom eggs were sold and indicating whether these eggs were sold on a graded or ungraded basis. Accompanying the report shall be a check or money order for the amount of the fee based on $.05 per case on all eggs shipped into Texas on a graded basis. (6) All licensed processors in this state shall pay a fee of $.05 per case on all shell eggs which they handle upon their first use or change in form of eggs processed by them. (7) All brokers licensed with the State of Texas shall itemize in their reports a true and complete list of all eggs brokered into and in the State of Texas. This list shall include the name and address of all persons from whom eggs were purchased and to whom they were sold and the amount of eggs involved in each transaction. Furthermore, said broker shall indicate whether said eggs were graded or ungraded. (8) All dealer/wholesalers and processors shall keep a monthly physical inventory of the total amount of eggs on hand at the end of each month; this record shall be kept on file at the facility for which he is licensed for a period of two years. This record shall be available and open for inspection by the commissioner or his representative at all reasonable times. (b) Invoice requirements. (1) Every licensed dealer/wholesaler and processor shall keep on file at the facility for which he is licensed, for a period of two years, a copy of all invoices of all eggs purchased, (or production records if their own production,) and sales. These invoices shall state the correct grade and size of eggs (if graded) or specify they were ungraded, the name and address of the person from whom eggs were purchased and to whom sold, also the number of dozens or cases included in each transaction and the date thereof. These invoices shall be available and open for inspection by the commissioner or his representative at all reasonable times. (2) (No change.) (3) Every licensed broker shall keep on file at the facility for which he is licensed, a true and complete record of all egg business transacted in or into the State of Texas. This record shall include the name and address of the person from whom eggs were purchased and to whom sold. It shall also state the date of each transaction and indicate the grade and size of said eggs. Ungraded eggs shall be identified accordingly. This information shall be kept on file for a period of two years and shall be available and open for inspection by the commissioner or his representative at all reasonable times. 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 October 13, 1994. TRD-9449512 Dolores Alvarado Hibbs Chief Administrative Law Judge Texas Department of Agriculture Effective date: November 3, 1994 Proposal publication date: June 14, 1994 For further information, please call: (512) 463-7583 Chapter 30. Young Farmer Loan Guarantee Program 4 TAC sec.30.4 The Board of Directors of the Texas Agricultural Finance Authority (TAFA), a public authority within the Texas Department of Agriculture, adopts an amendment to sec.30.4, concerning the level of equity required for loans to be made under the Texas Young Farmer Loan Guarantee Program, without changes to the proposed text as published in the August 19, 1994, issue of the Texas Register (19 TexReg 6503). The amendment is adopted in order to allow for greater participation in the program by young farmers who, as this is their first farming or ranching operation, may not have established a higher degree of equity. The amendment will function by decreasing the required equity in the young farmer's first farm or ranch operation from 20% to 5%. No comments were received regarding adoption of the amendment. The amendment is adopted under the authority of the Texas Agriculture Code (the Code), sec.253.007(e), which provides the Board of Directors of the Texas Agricultural Finance Authority with the same authority in administering the Young Farmer Loan Guarantee Program as it has in administering programs established by the board under the Texas Agriculture Code, Chapter 58, sec.58. 022, which provides the board with the authority to adopt rules and procedures for administration of its programs; Texas Agriculture Code, sec.58.023, which provides the TAFA Board with the authority to adopt rules to establish criteria for eligibility of applicants and lenders under the TAFA Loan Guaranty Program; and, Texas Government Code, sec.2001.004, which requires that the department adopt rules of practice stating the nature and requirements of all available formal and informal procedures. 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 October 13, 1994. TRD-9449511 Dolores Alvarado Hibbs Chief Administrative Law Judge Texas Department of Agriculture Effective date: November 3, 1994 Proposal publication date: August 19, 1994 For further information, please call: (512) 463-7583 TITLE 22. EXAMINING BOARDS Part XIV. Texas Board of Veterinary Medical Examiners Chapter 571. Licensing Examination 22 TAC sec.571.11 The Texas Board of Veterinary Medical Examiners adopts an amendment to sec.571.11, concerning Request for Analysis of Failed Exam, without changes to the proposed text as published in the August 23, 1994, issue of the Texas Register (19 TexReg 6651). This amendment will require the Board to provide candidates with a written analysis of his/her failing performance on the State Board Examination. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 8890, sec.7(a), which provide the Texas Board of Veterinary Medical Examiners with the authority to "make, alter, or amend such rules and regulations as may be necessary or desirable to carry into effect the provisions of this Act." This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 12, 1994. TRD-9449588 Ron Allen Executive Director Texas Board of Veterinary Medical Examiners Effective date: November 4, 1994 Proposal publication date: August 23, 1994 For further information, please call: (512) 447-1183 Chapter 573. Rules of Professional Conduct Supervision of Personnel 22 TAC sec.573.14 The Texas Board of Veterinary Medical Examiners adopts new sec.573.14, concerning Alternate Therapies-Acupuncture, with changes to the proposed text as published in the August 23, 1994, issue of the Texas Register (19 TexReg 6652). This new section will ensure that only licensed veterinarians will perform acupuncture on non-human animals. Comments received on the rule centered around the requirement that licensees must display a sign, as well as obtaining a signed consent form from clients informing them that such treatment is an alternate therapy. Those commenting felt that this was a duplication. There was an objection to the requirement for a signed client consent form each time an alternate therapy is recommended by the veterinarian. Those commenting felt the signed form requirement was unnecessarily burdensome and implies an inherent risk. An oral explanation and acknowledgement should be sufficient. The Board agreed that both a sign and a consent form were a duplication and modified subsection (d) requiring the sign. The Board felt that verbal explanations and acknowledgements did not meet legislative intent. The new rule is adopted under Texas Civil Statutes, Article 8890, sec.7(a), which provide the Texas Board of Veterinary Medical Examiners with the authority to "make, alter, or amend such rules and regulations as may be necessary or desirable to carry into effect the provisions of this Act." sec.573.14. Alternate Therapies -Acupuncture. (a) Definition. For the purpose of this rule, acupuncture is: (1) the insertion of an acupuncture needle and the application of moxibustion to specific areas of a non-human animal's body to relieve the discomfort associated with painful disorders, to induce surgical anesthesia, and for therapeutic purposes; and (2) the administration or thermal or electrical treatments or the recommendation of dietary guidelines, energy flow exercise, or dietary or herbal supplements in conjunction with the treatment described by paragraph (1) of this subsection. Acupuncture in non-human animals is considered to be an alternate therapy in the practice of veterinary medicine. (b) Use of Acupuncture in the treatment of animals. Only licensed veterinarians may use acupuncture in the care and medical treatment of animals. No veterinarian may allow a non-veterinarian employee or other agent to perform acupuncture in the treatment of an animal patient. (c) Client Consent Required. Before acupuncture may be used in the treatment of an animal, the veterinarian must obtain a signed statement from the animal's owner or caretaker acknowledging that acupuncture is an alternate therapy in veterinary medicine and approving its use in the treatment of the animal. Before signing the statement, the veterinarian shall inform the client of the conventional treatments available and their probable ability to cure the problem. The statement shall become a permanent part of the patient's record. (d) Standard Used in Determining Appropriate Use of Acupuncture. If the Board receives a complaint against a licensee about treatment involving the use of acupuncture, investigation of the complaint may include opinions from other licensees who use acupuncture in their treatment of animals. However, veterinarians who practice acupuncture shall exercise the same degree of humane care, skill, and diligence in treating patients as are ordinarily used in the same or similar circumstances by average members of the veterinary medical profession in good standing in the locality or community, or in similar locations or communities, in which they practice. (e) Other Board Rules Not Preempted. Nothing in this rule shall remove or limit in any way the applicability of other rules of the Board as they apply to the practice of veterinary medicine. 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 October 12, 1994. TRD-9449589 Ron Allen Executive Director Texas Board of Veterinary Medical Examiners Effective date: November 4, 1994 Proposal publication date: August 23, 1994 For further information, please call: (512) 447-1183 22 TAC sec.573.15 The Texas Board of Veterinary Medical Examiners adopts new sec.573.15, concerning Alternate Therapies-Holistic Medicine, with changes to the proposed text as published in the August 23, 1994, issue of the Texas Register (19 TexReg 6652). This new section will ensure that only licensed veterinarians will perform treatments involving holistic medicine on non-human animals. Comments were received and the agency's response follows each comment. Concern was expressed about the broad implications of the rule as it might affect horse trainers who use behavior modification and basic nutrition as aspects of their training programs. Further, trainers employ herbal therapy and homeopathy in feeding supplementation of animals being trained. An objection was made to the requirement for a signed client consent form each time an alternate therapy is recommended by the veterinarian. The sentiment was that the requirement is unnecessarily burdensome and implies an inherent risk. It response to these comments, "behavior modification" and "and basic nutrition" were deleted from subsection (a). In addition, subsection (d) was modified. The new rule is adopted under Texas Civil Statutes, Article 8890, sec.7(a), which provide the Texas Board of Veterinary Medical Examiners with the authority to "make, alter, or amend such rules and regulations as may be necessary or desirable to carry into effect the provisions of this Act." The new rule affects sec.7(b) of the Veterinary Licensing Act, Texas Civil Statutes, Article 8890. sec.573.15. Alternate Therapies -Holistic Medicine. (a) Definition. For the purpose of this rule, holistic medicine means: the practice of veterinary medicine that believes in a blend of alternative and, if need be, conventional approaches of treatment in an effort to develop a system of complementary medicine to treat the whole patient. In practice, it incorporates less conventional methods such as herbal medicine, acupuncture, chiropractic, homeopathy, and applied kinesiology, with more conventional methods, such as modern drugs, surgery and diagnostics. Use of holistic medicine in non-human animals is considered to be an alternate therapy in the practice of veterinary medicine. (b) Use of in the treatment of animals. Only licensed veterinarians may use holistic medicine in the medical treatment of animals. No veterinarian may allow a non-veterinarian employee or other agent to perform holistic medicine in the treatment of an animal patient. (c) Client Consent Required. Before holistic medicine may be used in the treatment of an animal, the veterinarian must obtain a signed statement from the animal's owner or caretaker acknowledging that holistic medicine is an alternate therapy in veterinary medicine and approving its use in the treatment of the animal. Before signing the statement, the veterinarian shall inform the client of the conventional treatments available and their probably ability to cure the problem. The signed statement shall become a permanent part of the patient's record. (d) Standard Used in Determining Appropriate Use of Holistic Medicine. If the Board receives a complaint against a licensee about treatment involving the use of holistic medicine, investigation of the complaint may include opinions from other licensees who use holistic medicine in their treatment of animals. However, veterinarians who practice holistic medicine shall exercise the same degree of humane care, skill, and diligence in treatment patients as are ordinarily used in the same or similar circumstances by average members of the veterinary medical profession in good standing in the locality or community, or in similar localities or communities, in which they practice. (e) Other Board Rules Not Preempted. Nothing in this rule shall remove or limit in any way the applicability of other rules of the Board as they apply to the practice of veterinary medicine. 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 October 12, 1994. TRD-9449590 Ron Allen Executive Director Texas Board of Veterinary Examiners Effective date: November 4, 1994 Proposal publication date: August 23, 1994 For further information, please call: (512) 447-1183 22 TAC sec.573.16 The Texas Board of Veterinary Medical Examiners adopts new sec.573.16, concerning Alternate Therapies-Homeopathy, with changes to the proposed text as published in the August 23, 1994, issue of the Texas Register (19 TexReg 6653). This new section will ensure that only licensed veterinarians will practice homoepathy on non-human animals. The following comments were received and the agency's response follows each comment. Concern was expressed regarding the broad implications of the rule and their affect on horse trainers who use homeopathic remedies in aspects of their training programs. This concern would not be affected by the rule. First, the Act and Board rules do not apply to persons who treat their own animals or to an owner's designated caretaker, the latter being the case with most trainers. The Board has found that homeopathy in conventional veterinary medicine is not well defined. It employs such things as natural vitamins, basic nutrition, herbal therapy, and minute doses of often toxic substances. The use of one or several of these in animal training or basic care is not affected by the rule and would not be of any concern to the Board unless a person employs homeopathy in a practice that presents itself to be in the treatment of animals diseases. The rule's definition clearly states that the rule applies to persons who use them in conjunction with the practice of conventional veterinary medicine, such as diagnostics, surgery and prescription drugs. There was objection to the requirement for a signed client consent form each time an alternate therapy is recommended by the veterinarian. It is believed the requirement is unnecessarily burdensome and implies an inherent risk, and only an oral explanation and acknowledgement should be required. The Board decided that verbal explanation and acknowledgement does not meet legislative intent. Objection to the duplication of a sign and a consent form prompted modification of subsection (d) of the rule addressing signs. The new rule is adopted under Texas Civil Statutes, Article 8890, sec.7(a), which provide the Texas Board of Veterinary Medical Examiners with the authority to "make, alter, or amend such rules and regulations as may be necessary or desirable to carry into effect the provisions of this Act." sec.573.16. Alternate Therapies -Homeopathy. (a) Definition. For the purpose of this rule, homeopathy is: a system of therapeutics in which diseases are treated by substances which are capable of producing in healthy animals symptoms like those of the disease to be treated, the substance being administered in minute doses. Use of homeopathic remedies in non-human animals is considered to be an alternate therapy in the practice of veterinary medicine. (b) Use of Homeopathy in the Treatment of Animals. Only licensed veterinarians may use homeopathy in the medical treatment of animals. No veterinarian may allow a non-veterinarian employee or other agent to perform homeopathy in the treatment of an animal patient. (c) Client Consent Required. Before homeopathy may be used in the treatment of an animal, the veterinarian must obtain a signed statement from the animal's owner or caretaker acknowledging that homeopathy is an alternate therapy in veterinary medicine and approving its use in the treatment of the animal. Before signing the statement, the veterinarian shall inform the client of the conventional treatments available and their probable ability to cure the problem. The signed statement shall become a permanent part of the patient's file. (d) Standard Used in Determining Appropriate Use of Homeopathy. If the Board receives a complaint against a licensee about treatment involving the use of homeopathy, investigation of the complaint may include opinions from other licensees who use homeopathy in their treatment of animals. However, veterinarians who practice homeopathy shall exercise the same degree of humane care, skill, and diligence in treating patients as are ordinarily used in the same or similar circumstances by average members of the veterinary medical profession in good standing in the locality or community, or in similar localities or communities, in which they practice. (e) Other Board Rules Not Preempted. Nothing in this rule shall remove or limit in any way the applicability of other rules of the Board as they apply to the practice of veterinary medicine. 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 October 12, 1994. TRD-9449592 Ron Allen Executive Director Texas Board of Veterinary Medical Examiners Effective date: November 4, 1994 Proposal publication date: August 23, 1994 For further information, please call: (512) 447-1183 Chapter 575. Practice and Procedure 22 TAC sec.575.21 The Texas Board of Veterinary Medical Examiners adopts an amendment to sec.575.21, concerning Administrative Penalties, without changes to the proposed text as published in the August 12, 1994, issue of the Texas Register (19 TexReg 6330). The amendment changes the term Civil Penalties to Administrative Penalties as defined by the Veterinary Licensing Act, Texas Civil Statutes, Article 8890. The amendment to the Act defines Civil Penalties as those assessed by the courts, and Administrative Penalties as those assessed by the Board. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 8890, sec.7(a), which provide the Texas Board of Veterinary Medical Examiners with the authority to "make, alter, or amend such rules and regulations as may be necessary or desirable to carry into effect the provisions of this Act." The amendment affects sec.14 and sec.14B of the Veterinary Licensing Act, Texas Civil Statutes, Article 8890. 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 October 12, 1994. TRD-9449593 Ron Allen Executive Director Texas Board of Veterinary Medical Examiners Effective date: November 4, 1994 Proposal publication date: August 12, 1994 For further information, please call: (512) 447-1183 Chapter 577. General Administration and Duties Board Members and Meetings-Duties 22 TAC sec.577.2 The Texas Board of Veterinary Medical Examiners adopts an amendment to sec.577.2, concerning Meetings, without changes to the proposed text as published in the August 12, 1994, issue of the Texas Register (19 TexReg 6330). The amendment changes to five, the number of members required to constitute a quorum of the Board. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 8890, sec.7(a), which provide the Texas Board of Veterinary Medical Examiners with the authority to "make, alter, or amend such rules and regulations as may be necessary or desirable to carry into effect the provisions of this Act." This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 12, 1994. TRD-9449594 Ron Allen Executive Director Texas Board of Veterinary Medical Examiners Effective date: November 4, 1994 Proposal publication date: August 12, 1994 For further information, please call: (512) 447-1183 TITLE 31. NATURAL RESOURCES AND CONSERVATION Part II. Texas Parks and Wildlife Department Chapter 61. Design and Construction Guidelines for Administration of Texas Local Parks, Recreation, and Open Space Fund Program 31 TAC sec.sec.61.132-61.137 The Texas Parks and Wildlife Commission in a regularly scheduled public hearing, August 25, 1994, adopted with changes to new sec.61.136 and sec.61.137, and adopts new sec.sec.61.132-61.135, concerning the Texas Recreation and Parks Account Program (TRPA), without changes to the proposed text as published in the July 19, 1994, issue of the Texas Register (19 TexReg 5611) and will not be republished. Section 61.136 was amended by addition of new language which clarifies the process of project scoring for multiple site projects. Amendment of sec.61.137(c) includes new language to clarify awarding of priority points under the scoring system for each "type" of facility. Section sec.61.137(j)(2) was amended by decreasing the number of points awarded (decreased from 35-40 points to 30-35 points) under the scoring system for those projects which provide for acquisition and preservation of a significant wetland. Section 61.137(m) (referring to projects which provide a greenway linkage) and sec.61.137(n) (projects which provide recreational opportunities which enhance and encourage an appreciation and preservation of cultural resources) were amended by increasing the possible number of scoring points allowed for these criteria from 1-3 points to 1-5 points. The rules as adopted implement the requirements for rules and regulations governing the awarding of grants-in-aid (under the Texas Recreation and Parks Account System) set out in House Bill 706 and passed in regular session by the 73rd Texas Legislature. The new rules as adopted establish Parks and Wildlife Commission policy regarding the TRPA program, provide a concise application procedure, and establish an objective, clear scoring system through which TRPA grant applications can be scored and evaluated. The TRPA Grants Manual establishes procedures and rules for program administration and the TRPA Project Scoring System will be used to score TRPA proposals for award consideration. Comments regarding the adoption of the new rules were generally in reference to specific criteria relating to project scoring proposed in sec.61. 137. Accordingly, comments are addressed according to section number. Section 61.137(a), Program compliance and active grant performance. (1) Respondents suggested a time period during which an applicant would be ineligible; (2) Respondents recommended inclusion of an appeal process. Section 61.137(b), Project meets priority needs identified in local plans. Two respondents commented that some counties don't have resources to develop local plans, and local resources could be used by citizens in adjacent counties. Local park planning processes should be allowed to take advantage of these planning efforts (regional/county), instead of being penalized when evaluating needs for parks, recreation and open space. Section 61.137(d), Water-based recreation. Respondents generally provided comments related to one of the following issues: (1) Increase overall points to 1-15 and increase in priority for rivers; (2) Make rivers equal in priority with gulf coast, lakes, reservoirs, and increase streams to equal bays and estuaries, and give ponds 1-3 points; (3) Priority given to the Gulf Coast, lakes and reservoirs isn't justified compared to the lack of public access/facilities on bays and estuaries; (4) Priority given for water based recreation discriminates against colonias; (5) Water issues should be equal-this penalizes communities without access to water. Section 61.137(e), Improved geographical distribution. One respondent requested that proposed sec.61.137(e)(2) be deleted from consideration. Section 61.137(f), Opportunities for special populations. One respondent requested an increase in priority for low income, minority and elderly citizen criteria to 1-7 points; and increase in priority for youth-at-risk to 1-9 points. One respondent stated that the entire category needs more points in that it was too low in comparison to conservation issue. Section 61.137(g), Other government/educational institution involvement. One respondent stated that the priority for this criterion was disproportionate to that given to proposed sec. sec.61.137(b), (l)-(n). Section 61.137(h), Private sector donations. (1) One respondent stated that the priority assigned to this criterion was disproportionate to that assigned to proposed sec.sec.61.137(b), (l) -(n); (2) Priority should be given without regard to the source (of the donation); since colonias don't have many opportunities for private sector donations; (3) Points for donated land/cash should equal donated labor/materials/equipment. Section 61.137(i), Acquisition and preservation of significant resources and land. (1) Two respondents commented that priority for wetlands should be decreased and priority for "people" increased; (2) One respondent commented that points proposed in sec.61.137(j)(4) should be increased from 10 points to 20 points. Section 61.137(k), Renovations. (1) One respondent requested an increase in priority for renovations to 1-10 points; (2) One respondent suggested that this criterion discriminates against colonias since they don't have and parks/facilities to renovate. Section 61. 137(l), Conservation of natural resources. One respondent requested an increase in priority for the conservation of natural resources to 1-10 points. Section 61.137(m), Greenway/linear linkages. One respondent suggested that the point structure for this criterion was too low and that in congested areas greenway linkages were key to project vitality. Section 61.137(n) Enhancement/encouragement of cultural resource preservation. One respondent suggested that the points for this criterion were too low, that historic sites are as important as wetlands. Those making comments in favor of the adoption of the new rules include: Cameron County, City of Palestine, City of San Antonio, Galveston Bay Foundation, Lower Colorado River Authority, Texas A&M University Center for Housing and Urban Development. Those making comments opposing adoption of the new rules included: Cameron County, City of Palestine, City of San Antonio, Galveston Bay Foundation, Lower Colorado River Authority, Texas A&M University Center for Housing and Urban Development. Response to comments will be listed using the same numbering system as employed in public comments section. Section 61.137(a), Program compliance and active grant performance. (1) Sponsors will be ineligible for new grant assistance until such time as all active grants projects are progressing on schedule and/or previously assisted grant sites are in full compliance with program guidelines, pursuant to requirements of the "Summary of Guidelines for Administration of Local Park Grant Assistance Projects". (2) Local sponsors found to be ineligible for program assistance may appeal staff decisions to the Chief of Grants-In-Aid. Section 61.137(b), Project meets priority needs identified in local plans. Neither the "Project Priority Scoring System (PPSS)" nor TRPA guidelines prohibit local governments from regional/county-wide master plans. Project sponsors must formally endorse such plans and must meet the minimum requirements outlined in the PPSS to receive priority points. Section 61.137(d) , Water based recreation. The agency agreed with these comments and priority on water-related recreation was reduced from 1-22 points to 1-10 points, because all areas of the state do not have access to recreational-quality water resources. Water-based recreation was recognized as important, however, and therefore included within the new PPSS, but priority was reduced. Section 61.137(e), Improved geographical distribution. The agency disagreed with this comment because inclusion of consideration of new and different recreational opportunities allows flexibility in responding to applicant needs. Section 61. 137(g), Opportunities for special populations. In general, the agency disagreed with these comments. Statewide survey results received from TRPA public hearing participants indicated that the priorities for projects serving identified special populations were not as significant as other issues. Therefore, no change was recommended since limited comments were received disputing the point assignments for this criteria. Section 61.137(h), Other government/educational institution involvement. The agency disagreed with this comment. Statewide concerns expressed during the TRPA public hearing process indicated that government and educational involvement was very important and that priority should be increased. Therefore, the priority given to projects proposing such involvement was increased from 1-10 points to 1-25 points. No change to this proposal was therefore considered. Section 61.137(i), Private sector donations. The agency disagreed with these comments. Statewide concerns expressed during the TRPA public hearing process indicated that private sector involvement was very important and that priority for projects proposing such involvement should be increased. Therefore, the priority given for such projects was increased from 1-5 points to 1-15 points and criteria was added to credit local matching shares derived from donated labor, materials and equipment from the private sector. Accordingly, no change was to this proposal was made. Section 61.137(j), Acquisition/preservation of significant resources and land. (1) The agency agreed with this comments, and priority for wetland acquisitions was reduced from 35-40 points to 30-35 points, (2) The agency did not believe that the value of this criterion should be increased to 20 points. Statewide concerns expressed during the TRPA public hearings indicated that high priority should be placed on conservation and the use of TRPA funds. The mission of the Parks & Wildlife Department is "To manage and conserve the natural and cultural resources of Texas for the use and enjoyment of present and future generations". Since public opinion and the TPWD mission statement places such a high priority on conservation, it is felt that the PPSS should do likewise. Section 61.137(k), Renovations. The agency disagreed with this comment. Projects proposing renovation have always been eligible for program assistance. Statewide concerns expressed during the TRPA public hearing process indicated that a higher priority should be placed on renovations, which was addressed in proposed Section 61.137(k). The TRPA program is intended to meet needs of all areas of Texas, not just colonias. Therefore, it is felt that the criteria, as stated, meets the overall needs of the state. Section 61.137(l), Conservation of natural resources. The agency disagreed with this comment. No other comments were received disputing the assignment of points for this criteria, no change was recommended. Section 61.137(m), Greenbelt/linear linkages. The agency agreed with this comment and point value of this criterion increased from 1-3 points to 1-5 points. Section 61.137(n), Enhancement/encouragement of cultural resource preservation. The agency agreed with this comment and point value of this criterion increased from 1-3 points to 1-5 points. The new rules are adopted under authority of Parks and Wildlife Code, Chapter 24, sec.24.005, which grants the Parks and Wildlife Commission Authority to make rules and regulations for grant assistance in establishing the program or grants under this section. sec.61.136. Project Priority Scoring System-Policy. Projects presented to the Parks and Wildlife Commission for consideration under the Texas Recreation and Parks Account Program Fund will be scored with the criteria, listed in this title. Each site of a multiple site project will be scored individually using the criteria listed in sec.61.137 of this title. Individual site scores will be weighted on a pro-rata share of the total budget for the entire project. All weighted scores will be summed for the total project score. The priority rank of a project will depend on its accumulative score in relation to the scores of other projects under consideration. Funding of projects will depend on the availability of TRPA funds. Projects which have not been approved after two considerations by the Parks and Wildlife Commission without significant alterations of the project to raise a project score shall be returned to the sponsor and not reaccepted. Projects which do not meet the objectives of any particular scoring criterion will receive criterion. sec.61.137. Project Priority Scoring System-Criteria. (a) Priority 1-Sponsor is in full compliance at previously assisted grant project sites, and is progressing on schedule with all active grant projects in accordance with the "Summary of Guidelines for Administration of Local Park Grant Assistance Programs." (1) Applications received from sponsors in full compliance at previously assisted grant project sites will be scored and presented for award. (2) Applications received from sponsors not in full compliance at previously assisted grant project sites will not be scored or considered further. (b) Priority 2-The project will provide priority needs, as identified in a department approved, sponsor endorsed jurisdiction-wide parks, recreation and open space master plan. Consideration of "need" for this criterion is broadened to include basic support facilities/infrastructure which are critical to the recreational experience. Support facilities/infrastructure eligible for consideration as "need" for this criteria are limited to restrooms, roads and parking, area lighting (to ensure public safety), utilities (which are essential to these eligible support facilities), and land acquisition. Total range of points for this criteria shall be 1-20 points. Points for this criteria will be assessed if project provides for: (1) Number one and number two local priority needs (15-20 points); or (2) Number one local priority need (10-14 points); or (3) Number two local priority need (5-9 points); or (4) Lower than the number two local priority need (1-4 points). (c) Priority 3-The project will provide a more balanced mix and wider variety of recreation opportunities/facilities within the sponsor's jurisdiction, or intended project service area. Priority points will be awarded based on the number of recreational opportunities/facilities provided-1 point will be awarded for each type of facility, up to 10 points). Total point range for this criterion shall be 1-10 points. (d) Priority 4-The project will provide improved water-based recreational opportunities. Total point range for this criterion shall be 1-10 points. (1) Project provides direct and complementary opportunities along quality water bodies or streams, as follows: (A) Gulf Coast, Lake, or Reservoir (5 points) (B) Bay or Estuary (4 points) (C) River (3 points) (D) Stream-continuous flow (2 points) (E) Pond (1 point) (2) Project proposes the acquisition of land which would provide needed public access to recreational water. (A) Gulf Coast, Lake, or Reservoir (5 points) (B) Bay or Estuary (4 points) (C) River (3 points) (D) Stream-continuous flow (2 points) (E) Pond (1 point) (e) Priority 5-The project will improve the geographic distribution of recreational lands and facilities in the project's intended service area or within the sponsor's jurisdiction. Total point range for this criterion shall be 15-25 points. (1) Project provides the first recreational opportunity in the sponsor's jurisdiction or intended service area (25 points); or (2) Project provides new and different recreational opportunity in the sponsor's jurisdiction or intended service area (15-20 points). (f) Priority 6-The project maximizes the use of development funds for basic recreational opportunities. For the purposes of this subsection, "Total Facilities Costs" shall include recreational and support/infrastructure facilities, contingency, and all sign costs in excess of $1,000. Total point range for this criterion shall be 1-25 points. Points assessed for this criterion shall be determined by the formula: Basic Recreational Facilities Costs X (25) Total Facilities Cost. (g) Priority 7-The project improves recreational opportunities for low income, minority, elderly or youth-at-risk citizens. Total point range for this criterion shall be 1-16 points. (1) Project improves opportunities for low income citizens in areas where such action is needed (1-4 points). (2) Project improves opportunities for minority citizens in areas where such action is needed (1-4 points). (3) Project improves opportunities for elderly citizens in areas where such action is needed (1-4 points). (4) Project provides recreational opportunities for youth-at-risk citizens where such action is needed (areas and facilities specifically designed or programmed for youth) (1-4 points). (h) Priority 8-The project involves cooperation between the sponsor and other governmental or educational institutions to provide recreational opportunities at the project site(s). Priority points shall be awarded on a percentage (%) basis, dependent on the amount of matching funds provided by the other governmental/educational institution. Total point range for this criterion shall be 1-25 points. (1) Project involves the contribution of resources from other governmental or educational institutions which serve as all or part of the sponsors matching share of funds (1-15 points). (2) Project area is owned by another governmental or educational institution and will be permanently dedicated to the sponsor for public park and recreation use through a land donation, permanent non-revocable lease, or permanent park and recreation easement (5 points). (3) Project involves cooperation between the project sponsor and other governmental or educational institutions whereas resources are contributed to the overall project for non-grant assisted facilities (i.e.: The county constructs roads/parking facilities for the city, but no grant funds are requested for roads/parking) (1-5 points). (i) Priority 9-The project involves donations of land, cash, labor, equipment and/or materials from the private sector as part or all of the sponsor's matching share of the project. Priority points shall be awarded on a percentage basis, dependent on the amount of matching share funds to be received through the donation(s). Total range of points for this criterion shall be 1-15 points. (1) Project provides private land and/or cash donations from the private sector as part or all of the sponsor's matching share of the project (1-15 points). (2) Project provides donated labor, equipment and/or materials from the private sector as part or all of the sponsor's matching share of the project (1- 10 points). (j) Priority 10-Project provides for the acquisition and preservation/conservation of lands which consist of unique or significant natural resources, provide needed open space, or provide needed parkland for future development. Total point range for this criterion shall be 10-40 points. (1) Project provides for the acquisition and preservation/conservation of a federal, state, regional, or local government identified natural area which is recognized in an acceptable, published planning document for having valuable or vulnerable natural resources, ecological processes, or rare, threatened, or endangered species of vegetation or wildlife (40 points); or (2) Project provides for the acquisition and preservation/conservation of a significant wetland area, recognized by the Texas Parks and Wildlife Department Resource Protection Division, which is usable for recreation, and meets at least one "threshold criteria" as defined in the National Wetlands Priority Conservation Plan (30-35 points); or (3) Project provides for the acquisition and preservation/conservation of open space land or water for human use and enjoyment that is relatively free of man- made structures, whose physical characteristics will support only minimal development, one acre or larger in size, which is identified in an acceptable, published and adopted local jurisdiction-wide open space plan (20-25 points); or (4) Project provides for the acquisition of needed recreational land proposed for future development, or land which is located in a densely developed area within the sponsor's jurisdiction (10 points). (k) Priority 11-Project provides for the renovation of an existing obsolete park, or facilities. Range of points for this criterion shall be 1-5. (l) Priority 12-Project promotes the conservation of natural resources. Projects proposing the use of xeriscape/native plant materials for landscaping, drip or treated effluent irrigation systems, renovation of obsolete lighting systems with a more energy efficient systems, using recycled materials for facility construction, environmental education and interpretation, significant tree plantings where no trees exist. Range of points for this criterion shall be 1-5. (m) Priority 13-Project provides a greenway linkage to other parks, neighborhoods, or public facilities (through means other than streets and sidewalks). Range of points for this criterion shall be 1-5. (n) Priority 14-Project provides recreational opportunities which enhance and encourage an appreciation and preservation of cultural (historical and archaeological) resources. Range of points for this criterion shall be 1-5. 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 October 7, 1994. TRD-9449488 Paul M. Shinkawa Acting General Counsel Texas Parks and Wildlife Department Effective date: November 3, 1994 Proposal publication date: July 19, 1994 For further information, please call: 1-800-1112, extension 4433 or (512) 389- 4433 TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part III. Texas Youth Commission Chapter 85. Admission and Placement Placement Planning 37 TAC sec.85.25 The Texas Youth Commission (TYC) adopts an amendment to sec.85.25, concerning minimum length of stay, without changes to the proposed text as published in the September 16, 1994, issue of the Texas Register (19 TexReg 7236). The justification for amending the section is for TYC resources to be managed more efficiently. The amendment will change the start date from which TYC time is counted from the date of adjudication to the date of original disposition for the classifying offense. No comments were received regarding adoption of the amendment. The amendment is adopted under the Human Resources Code, sec.61.071, which provides the Texas Youth Commission with the authority to examine and make a study of each child committed to it according to rules established by the commission. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal 27>authority. Issued in Austin, Texas, on October 17, 1994. TRD-9449674 Steve Robinson Executive Director Texas Youth Commission Effective date: November 15, 1994 Proposal publication date: September 16, 1994 For further information, please call: (512) 483-5244 Chapter 91. Discipline and Control Control 37 TAC sec.91.59 The Texas Youth Commission (TYC) adopts an amendment to sec.91.59, concerning use of force, without changes to the proposed text as published in the September 16, 1994, issue of the Texas Register (19 TexReg 7237). The justification for amending the section is to provide a safer environment for youth and staff. The amendment will allow doors to be locked in locations other than the security unit when criteria is met. No comments were received regarding adoption of the amendment. The amendment is adopted under the Human Resources Code, sec.61.034, which provides the Texas Youth Commission with the authority to make rules appropriate to the proper accomplishment of its functions. 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 October 17, 1994. TRD-9449675 Steve Robinson Executive Director Texas Youth Commission Effective date: November 15, 1994 Proposal publication date: September 16, 1994 For further information, please call: (512) 483-5244