ADOPTED RULES An agency may take final action on a section 30 days after a proposal has been published in the Texas Register. The section becomes effective 20 days after the agency files the correct document with the Texas Register, unless a later date is specified or unless a federal statute or regulation requires implementation of the action on shorter notice. If an agency adopts the section without any changes to the proposed text, only the preamble of the notice and statement of legal authority will be published. If an agency adopts the section with changes to the proposed text, the proposal will be republished with the changes. TITLE 1. ADMINISTRATION Part IV. Office of the Secretary of State Chapter 81. Elections Implementation of the National Voter Registration Act 1 TAC sec.81.401 The Office of Secretary of State adopts new sec.81.401, with changes to the proposed text as published in the September 9, 1994, issue of the Texas Register (19 TexReg 7045). This new section will assist the Secretary of State in implementation of the National Voter Registration Act of 1993 (NVRA) which is effective on January 1, 1995. The following comments were received regarding adoption of the new section. COMMENT: Concerning sec.81.401(a)(10)(B), the Department of Public Safety recommended the language of this section be changed to require the department to prescribe and use a form "or procedure" containing the registration application. The Department of Public Safety also recommended that language requiring the combined application form to be on card stock quality paper be deleted and replaced with the requirement that the Secretary of State approve the weight of paper used for the combined application form. RESPONSE: The Secretary of State agrees and the appropriate changes have been made. COMMENT: Concerning sec.81.401(a)(10)(I), the Department of Public Safety suggested that the mail registration procedure be clarified as follows: "When the Department renews a license or card for renewal through the mail, the Department must send the applicant a voter registration application. When a licensee or card holder applies to change address by mail, the Department's application form shall allow the individual to choose as to whether the change of address shall be for voter registration purposes, also." RESPONSE: The Secretary of State agrees and the appropriate changes have been made. COMMENT: State Representative Talmadge Heflin questioned the Secretary of State's authority to adopt sec.81.401. RESPONSE: The Secretary of State responds that authority for the adoption of sec.81.401 is derived from this office's duty to maintain uniformity in the application, operation, and interpretation of the Election Code and laws outside the Election Code as set out in sec.31.003 and sec.31.004 of the Texas Election Code. The National Voter Registration Act requires state implementation of its provisions by January 1, 1995, and failure to do so would leave Texas vulnerable to legal action by the Justice Department. Section 81.401 will be superseded by the NVRA enabling legislation enacted by the 74th Legislature in 1995. No changes were made as a result of the comment. COMMENT: Concerning sec.81.401(a)(11)(D), Bee County Tax Assessor-Collector Andrea W. Gibbud commented that public libraries should not be used as voter registration sites because of the administrative and financial burden registration would place on the libraries. RESPONSE: The Secretary of State disagrees that too great a burden will be placed on public libraries by registration. The NVRA requires voter registration at sites other than the Department of Public Safety and disability and public assistance agencies. The rules have been drafted, in consultation with the libraries, to limit the situations in which registration must be offered, relieve the libraries of the need to follow declination procedures, and places the financial burden of providing registration forms on the Secretary of State rather than the libraries themselves. No changes were made as a result of the comment. COMMENT: Gary Bledsoe, President of the Texas NAACP, recommended that the Secretary of State amend the voter registration application to require information on race and ethnicity. RESPONSE: The NVRA does not require states to include race or ethnicity information on their voter registration applications. Because the act does not require such information, the Secretary of State has no authority to implement such a requirement by administrative rule. No changes were made as a result of the comment. COMMENT: Concerning sec.81.401(a)(11)(C), Kerr County Clerk Patricia Dye recommended that marriage license bureaus give registration applications to couples while they are physically present in the marriage license bureau rather than mailing the applications along with the return of the original license to the applicants. RESPONSE: The Secretary of State responds that the mail requirement as set out in the proposed rule reflects comments from a number of county clerks that the mail procedure would be preferable because the address of the couple usually changes after they are married. No changes were made as a result of this comment. The following minor editorial and typographical changes were made for clarification purposes. In sec.81.401(a)(11)(D), the first sentence in the proposed rules read: On receipt of a registration application, the appropriate library employee shall review the card for completeness in the applicant's presence. In the adopted rules, the word "appropriate" is deleted. In sec.81.401(a)(11)(D)(viii), the cite reference to (9)(A)(vi) is changed to (9)(A)(vii). The section is adopted under the Texas Election Code, sec.1.003 and sec.31. 004, which give the Secretary of State the authority to maintain uniformity in the application, operation, and interpretation of the Election Code and of the election laws outside the Election Code. These rules take effect on January 1, 1995, the day the NVRA also becomes effective. sec.81.401. Implementation of the National Voter Registration Act (NVRA). (a) Agency-based registration. (1) Designation of voter registration agencies. The following state agencies which provide public assistance shall serve as voter registration sites: (A) Texas Department of Human Services (food stamp program, AFDC program, Medicaid program, and programs for the aged); (B) Texas Department of Health (Special Supplemental Food Program for Women, Infants, and Children); and (C) any other programs conducted within the agencies referenced in subparagraphs (A) and (B) of this paragraph which provide public assistance. (2) The following state agencies which operate state-funded programs primarily engaged in providing services to persons with disabilities shall serve as voter registration sites: (A) Texas Department of Mental Health and Mental Retardation; (B) Texas Commission for the Deaf and Hearing Impaired; (C) Texas Rehabilitation Commission; (D) Texas School for the Blind and Visually Impaired; (E) Texas School for the Deaf; (F) Texas Commission for the Blind; and (G) any other state agency which is determined to operate state-funded programs engaged in providing services to the disabled. (3) The following offices are designated by the Secretary of State to serve as additional voter registration sites: (A) each principal of public or private high schools; (B) marriage license bureaus; and (C) public libraries which operate more than 30 hours a week. (4) Voter Registration Form Used in Agency-Based Registration. The voter registration agencies referenced in paragraphs (1)-(3) of this subsection shall use the official agency mail voter registration application prescribed by the Secretary of State or application form prescribed by the agency if approved by the Secretary of State. The official form will be available no later than September 30, 1994, and the Secretary of State will provide camera-ready copies of the official application form in order that each agency may print as many applications as may be necessary. (5) Declination Form Used in Agency-Based Registration. The NVRA provides that the voter registration agencies referenced in paragraphs (1)-(2) of this subsection must provide a voter registration application to all persons of voting age who apply for services in their agency UNLESS the applicant declines to register to vote, in writing. The Secretary of State shall prescribe the official declination form to be used by all voter registration agencies and provide camera-ready copies to all affected agencies. The declination must be retained by the agency for 22 months, and must be kept confidential. Each agency may decide whether to keep the declination with the agency applicant's file or in a separate declination file. The declination will contain the following statements along with the signature of the applicant and the date of signing: (A) If you are not registered to vote where you live now, would you like to apply to register to vote here today? _____ YES ____ NO (B) Applying to register or declining to register to vote will not affect the amount of assistance that you will be provided by this agency. (This will appear only on the declinations for public assistance agencies.) (C) IF YOU HAVE NOT CHECKED EITHER BOX, YOU WILL BE CONSIDERED TO HAVE DECIDED NOT TO REGISTER TO VOTE AT THIS TIME. (D) If you would like help filling out the voter registration application form, we will help you. The decision whether to seek or accept help is yours. You may fill out the application form in private. (E) If you believe that someone has interfered with your right to register or to decline to register to vote, your right to privacy in deciding whether to register or in applying to register to vote, you may file a complaint with the Elections Division of the Office of the Secretary of State, P.O. Box 12060, Austin, Texas 78711, 1-800-252-8683. (F) A statement that if the applicant declines to register to vote, that this decision will remain confidential and be used only for voter registration purposes. (G) A statement that if the applicant does register to vote, information regarding the office to which the application was submitted will remain confidential, again to be used only for voter registration purposes. (6) Transmittal of voter registration applications. The NVRA provides two methods by which agency voter registration applications may be transmitted to the county voter registrar's office. The agency may transmit the applications to the county voter registrar's office OR the applicant may transmit the application directly. (7) Transmittal by the agency. If the applicant submits the voter registration application to the agency, then the agency must mail or deliver in person the application to the voter registrar located in the same county as the agency office within five days of the receipt of the application. The county voter registrar must follow the procedures of the Texas Election Code, sec.13.072, and forward any applications of applicants residing in a different county to the appropriate county voter registrar. The Secretary of State recommends that agencies collect all the voter registration applications received Monday-Friday and then deliver them to the voter registrar on Friday. Any applications received on Friday not included in the Friday delivery to the voter registrar must be delivered to the voter registrar within five days. (8) Transmittal by the voter. If the voter desires to keep the application and submit it to the voter registrar directly, the voter may do so. On these occasions, the agency must make a notation on the declination form, that the voter was given the opportunity to register to vote, and decided to take the application to complete and submit to the county registrar directly instead of submitting it to the agency. (9) Administering agency voter registration. Each voter registration agency shall provide a voter registration application or declination form to each person of voting age who applies for initial services, and also with any recertification, renewal, or change of address form. An agency may determine a person's age by reviewing any readily available documents filed by the applicant. If an applicant's age cannot be determined, the agency must offer the applicant the opportunity to register to vote. (A) In person. (i) An appropriate agency employee shall routinely inform each applicant for agency services, who applies in person, of the opportunity to complete a voter registration application and on request shall provide nonpartisan voter registration assistance to the applicant. If an agency provides services at a person's home, then the person receiving the service at home must also be given an opportunity to register to vote. (ii) On receipt of a registration application, the appropriate agency employee shall review it for completeness in the applicant's presence. If the application does not contain all the required information and the required signature, the agency employee shall return the application to the applicant for completion and resubmission. However, under no circumstances may an agency employee make a determination about an applicant's eligibility to register to vote, other than a determination that the voter is not of voting age. If a question arises concerning voter registration that the agency employee cannot answer, the agency employee must give the applicant the toll-free number of the Elections Division of the Office of the Secretary of State (1-800-252-8683) and also the number of the local county voter registrar to whom completed applications are submitted. (iii) The date of a completed registration application to the agency employee is considered to be the date of submission to the county voter registrar for the purpose of determining the effective date of the registration. (iv) If the applicant does not wish to register to vote, the agency employee must have the applicant complete and sign the declination form. Each agency shall record on the declination form in the appropriate space if the applicant refused to sign the declination or took the voter registration application with them rather than leaving it with the agency. (v) Agencies must offer the same degree of assistance, including bilingual assistance where necessary, to individuals in completing a voter registration form as they offer to individuals in completing the agency's own forms, unless the applicant refuses such assistance. (vi) Each voter registration agency must designate a person or persons to coordinate the voter registration program within the agency and must notify the Secretary of State who has been designated. This person or persons will also be required to train agency personnel on voter registration procedures with the assistance of the Secretary of State. Each agency must submit its plan to implement these voter registration procedures to the Secretary of State. (vii) An agency employee is prohibited from: (I) seeking to influence an applicant's party preference; (II) displaying any such political preference or party allegiance; (III) making any statement or taking any action whose purpose or effect is to discourage the applicant from registering to vote; or (IV) making any statement or taking any action whose purpose or effect is to lead the applicant to believe that a decision whether or not to register has any bearing on the availability of services or benefits. (B) By mail or telephone. If a voter registration agency automatically notifies an applicant to renew or recertify a service by sending the applicant a form through the mail, or if an applicant may request services by telephone, then the agency must send the applicant a voter registration application by mail. If a voter registration agency offers initial services through the mail, then the agency must send the applicant a voter registration application when the applicant is approved for services. A voter registration application sent by mail must be accompanied by a notice informing the applicant that the application may be submitted in person or by mail to the voter registrar of the county in which the applicant resides or in person to a volunteer deputy registrar. It is not necessary to mail an applicant a declination form when providing voter registration services through the mail. The employee of the voter registration agency may keep a written record that voter registration applications were included in the mailing to the applicant. (10) Motor voter registration. Most of the NVRA provisions concerning motor voter registration is current state law and is provided for in sec.13.051 of the Texas Election Code. (A) The Texas Department of Public Safety ("the department") shall provide to each person who applies in person at the department's offices or by mail for an original or renewal of a driver's license, a personal identification card, or a duplicate or corrected license or card an opportunity to complete a voter registration application form. In addition, any change of address submitted in person or by mail relating to a person's driver's license or personal identification card will also serve as a change of address for voter registration unless the registrant states that the change of address is not for voter registration purposes. (B) The department shall prescribe and use a form or procedure that combines the department's application form for a license or card with an officially prescribed voter registration application form. The department's voter registration form must be approved by the Secretary of State and must be on a weight of paper acceptable to the Secretary of State. The department's change of address form and procedure must be similarly prescribed as the application form, and must be similarly approved by the Secretary of State. (C) The department is not required to follow the declination procedures required in the other mandatory voter registration agencies. (D) At the end of each day a department office is regularly open for business, the manager of the office shall deliver by mail or in person all completed voter registration applications to the voter registrar of the county in which the office is located. (E) An appropriate department employee shall routinely inform each applicant for agency services of the opportunity to complete a voter registration application and on request shall provide nonpartisan voter registration assistance to the applicant. (F) On receipt of a registration application, the appropriate agency employee shall review it for completeness in the applicant's presence. If the application does not contain all the required information and the required signature, the department employee shall return the application to the applicant for completion and resubmission. However, under no circumstances may a department employee make a determination about an applicant's eligibility to register to vote, other than an applicant's age. A department employee may make a determination of applicant's age, if the applicant's age is readily determinable from information filed in connection with the application for services. If a question arises concerning voter registration that the department employee cannot answer, the department employee must give the applicant the toll-free number of the Elections Division of the Office of the Secretary of State (1-800-252- VOTE(8683)) and also the number of the local county voter registrar to whom completed applications are submitted. (G) The date of a completed registration application to the department employee is considered to be the date of submission to the county voter registrar for the purpose of determining the effective date of the registration. (H) A department employee is required to follow the same procedures concerning assistance and bilingual assistance as the agency-based voter registration agencies stated in subparagraph (A)(v) of this paragraph and is also subject to the same prohibitions detailed in subparagraph (A)(vi) of this paragraph. (I) When the department processes a license or card for renewal through the mail, the department must send the applicant a voter registration application. When a licensee or card holder applies to change address by mail, the department's application form shall allow the individual to choose whether the change of address shall be for voter registration purposes also. (J) The department must designate a person or persons to coordinate the voter registration program within the department and must notify the Secretary of State who has been designated. This person or persons will also be required to train agency personnel on voter registration procedures with the assistance of the Secretary of State. (K) The department must submit its plan to implement these voter registration procedures to the Secretary of State. (11) Additionally designated voter registration agencies. (A) The Secretary of State designates the principals of public and private high schools, the county marriage license bureaus, and the public libraries which operate more than 30 hours a week as additional voter registration agencies. These designated agencies are required to follow the same procedures outlined above for agency-based registration except as otherwise provided in subparagraph (B) of this paragraph. (B) High school deputy registrars are currently authorized in state law. Texas Election Code, sec.13.046. (i) Each principal of a public or private high school or his designee shall serve as a deputy registrar for the county in which the school is located. (ii) A high school deputy registrar may distribute registration application forms supplied by the Secretary of State to and receive registration applications submitted to him in person from students and employees of the school only. (iii) During the final month of each school semester, a high school deputy registrar shall distribute an officially prescribed registration application form supplied by the Secretary of State to each student who is or will be 18 years of age or older during that semester. (iv) Each application form distributed under this section must be accompanied by a notice informing the student or employee that the application may be submitted in person or by mail to the voter registrar of the county in which the applicant resides or in person to a high school deputy registrar or volunteer deputy registrar for delivery to the voter registrar of the county in which the school is located. (v) A high school deputy registrar may review an application for completeness out of the applicant's presence. A deputy may deliver a group of applications to the registrar by mail in an envelope or package, and, for the purpose of determining compliance with the delivery deadline, an application delivered by mail is considered to be delivered at the time of its receipt by the registrar. As soon as possible after receipt of a completed application the high school principal or designated representative shall deliver the application and receipt to the voter registrar of the county in which the student or employee resides. Completed applications and corresponding receipts shall be delivered to the voter registrar of the county by the high school principal or designated representative in person, or by mail in an envelope or package. An application shall be delivered to the registrar not later than 5:00 p.m. of the fifth day after the date of the application is submitted to the deputy registrar, except that an application submitted after the 34th day and before the 29th day before the date of an election in which some or all qualified voters of the county are eligible to vote shall be delivered not later than 5: 00 p.m. of the 29th day before election day. An application delivered by mail is considered to be delivered at the time of its receipt by the registrar. (vi) High school deputy registrars are not required to follow the declination procedures. (C) Marriage license bureaus. (i) The county clerk must mail two voter registration applications supplied by the Secretary of State when the original marriage license is filed and recorded in the county and returned to the licensees. The applications must be accompanied by a notice informing the licensees that the application may be submitted in person or by mail to the voter registrar of the county in which they reside or in person to a volunteer deputy registrar. (ii) It is not necessary to mail an applicant a declination form when providing voter registration services through the mail. The employee of the marriage license bureau may keep a written record that the voter registration applications were included in the information provided to the applicant through the mail. (D) Public libraries open more than 30 hours a week. (i) Public libraries that are required to provide voter registration services include all public libraries that are open more than 30 hours a week, including their branches and any other service outlets. A library is a "public library" if it is operated by a single public agency or board, that is freely open to all persons under identical conditions, and receives its financial support in whole or part from public funds. (ii) All public libraries that are open more than 30 hours a week shall provide to each person of voting age who applies in person for an original or renewal of a library card an opportunity to complete a voter registration application form supplied by the Secretary of State. A library employee may make a determination of an applicant's age, if the applicant's age is readily determinable from information filed in connection with the application for services. If an applicant's age cannot be determined, the library employee must offer the applicant the opportunity to register to vote. (iii) If the applicant desires to register to vote, the library employee shall give the applicant a voter registration application and on request shall provide nonpartisan voter registration assistance to the applicant. (iv) The public libraries are not required to follow the declination procedures. (v) On receipt of a registration application, the library employee shall review the card for completeness in the applicant's presence. If the application does not contain all the required information and the required signature, the library employee shall return the application to the applicant for completion and resubmission. However, under no circumstances may a library employee make a determination about an applicant's eligibility to register to vote, other than an applicant's age as discussed above. If a question arises concerning voter registration that the library employee cannot answer, the library employee must give the applicant the toll-free number of the Elections Division of the Office of the Secretary of State (1-800-252-VOTE(8683)) and also the number of the local county voter registrar to whom completed applications are submitted. (vi) The public libraries must transmit completed applications to the voter registrar in the county in which they are located within five days of receipt. An applicant may take an application to complete and submit to the voter registrar independently of the public library. (vii) The date of a completed registration application to the library employee is considered to be the date of submission to the county voter registrar for the purpose of determining the effective date of the registration. (viii) A public library employee is required to follow the same procedures concerning assistance and bilingual assistance as the agency-based voter registration agencies stated in paragraph (9)(A)(v) of this subsection and is also subject to the same prohibitions detailed in paragraph (9)(A)(vii) of this subsection. (ix) The public library must designate a person or persons to coordinate the voter registration program within the department and must notify the Secretary of State who has been designated. This person or persons will also be required to train agency personnel on voter registration procedures with the assistance of the Secretary of State. (x) The public library must submit its plan to implement these voter registration procedures to the Secretary of State. (b) List maintenance under the National Voter Registration Act. (1) Definitions. The following words and terms, when used in this section, shall have the following meanings, except when the context clearly indicates otherwise. (A) List of Registered Voters-list of the names of each person who has an effective registration in each election precinct in the county including voters with an "S" or "R" designation. (B) Return List-voters who are designated with an "R" on the list of registered voters because the renewal certificate was returned after the mass mailing. The return list will exist only in even-numbered years between January 2nd and 30 days after a confirmation notice has been mailed to each voter on the return list. Voters will not be canceled from the return list unless the voter registrar receives notice from the voter that the voter has moved. Voters will move from an "R" status on the list to an "S" status if the voter fails to respond to the confirmation notice. (C) Suspense List-voters who are designated with an "S" on the original list of registered voters indicating that they have possibly moved, have been mailed a confirmation notice and did not respond in the 30-day time frame. (D) Confirmation Notice-the notice the voter registrar sends a registered voter any time the registrar has reason to believe that the voter has moved, either because the certificate was returned or for other reasons, such as return of jury summons. (E) Confirmation Return Response form-the pre-paid, pre-addressed form the voter registrar mails to the voter with the confirmation notice so that the voter can respond to the confirmation notice. (2) Action on application by registrar (Texas Election Code, Chapter 13, Subchapter C). There are no additional state procedures required by the NVRA. The Act requires that the voter registrar notify the applicant of the status of the applicant's registration. Current state law requires that the voter registrar send the voter a voter registration certificate if the application is valid and accepted. The voter registrar must also notify the voter if the application was rejected, challenged, or if the application is a duplicate of a current registration. (3) Application files (Texas Election Code, Chapter 13, Subchapter D). There are no additional state procedures required by the NVRA. State law requires three types of application files to be kept. One file contains the application of each person who has a current voter registration, one file that contains the applications of each person whose registration was canceled, and one file for all rejected applications. For voters whose names are designated with an "S" on the original list of registered voters, the application is maintained in the file with other voters who have current voter registrations. (4) Initial registration (Texas Election Code, Chapter 13, Subchapter F). If the initial certificate is delivered to the applicant by mail and it is returned as undeliverable, the voter registrar shall mail a confirmation notice by forwardable mail to the last known address of the applicant. There are no other additional state procedures required by the NVRA for issuing the initial voter registration certificates to registered voters. (5) Renewal of registration (Texas Election Code, Chapter 14, Subchapter A). Voter registrars shall continue to mail renewal certificates to all voters who have a current registration and are not on a suspense list. The renewal certificates will be mailed during the same time period as provided by state law, that is, on or after November 15 but before December 6 of each odd-numbered year. (6) Return of renewal certificates (Texas Election Code, Chapter 14, Subchapter B). (A) The registrar shall maintain a list of the renewal certificates mailed and returned as undeliverable. The registrar shall retain the list for two years after the last day of the mailing of the certificates. (B) The voter registrar shall send the Secretary of State not later than January 2 following the mailing of the renewal certificates a list of all voters whose certificates were returned. The list shall be in the form prescribed by the Secretary of State. (C) The registrar shall place an "R" notation, or similar notation approved by the Secretary of State, next to each voter's name on the original list of registered voters whose certificates were returned. The "R" notation shall be designated next to each voter's name by January 1 following the mailing of the renewal certificates. Voters will continue to have an "R" designation next to their name until the voter's registration is corrected, canceled, or until the voter's status is changed from an "R" to an "S", which means the voter failed to respond to a confirmation notice. (7) Procedure following the return of renewal certificates. (A) When a voter's certificate is returned to the voter registrar, the voter registrar shall mail a confirmation notice to the voter requesting a verification of a change of address. The registrar shall send the notice to the voter at the last known address of the voter by forwardable mail. (B) The confirmation notice to each voter whose certificate was returned shall be mailed no later than March 1 following the mailing of the renewal certificates. The registrar shall include with the confirmation notice to the voter, a pre-addressed, pre-paid confirmation return notice form so that the voter may respond to the inquiry. The Secretary of State suggests that the voter registrar in each county consult with the local postmaster concerning the feasibility of obtaining a business reply permit to be used for this purpose. The Secretary of State will prescribe the language of the confirmation return notice so that it will fit on a 4" by 6" postcard, but a county may print the notice in a different format. (C) The voter has 30 days to respond to the confirmation notice. If the voter fails to reply within the 30 days, the voter registrar shall change the "R" notation to an "S" notation on the original list of registered voters and note the date that the voter was placed on the suspense list. (D) The voter's name shall be removed from the suspense list on November 30 following the passage of two federal general elections, if the voter failed to correct the voter's address either at the polling place or by notifying the voter registrar. The voter's registration is canceled and the voter's application shall be placed in the inactive file for two years following the cancellation. The voter's duplicate of the initial voter registration certificate is also filed with other canceled registrations. (8) Voting on statement of residence (Texas Election Code, Chapter 14, Subchapter C). There are two categories of voters who are entitled to vote by returning to their old precinct after moving as long as the voters still reside in the county and in the political subdivision in which they are offering to vote. Each voter who has moved must first sign a statement of residence prior to being accepted to vote. (A) The first category of voters who may vote at their old precinct are those who are suspected of moving and have an "R" or "S" notation next to their names on the original list of registered voters. (B) The second category of voters who are entitled to vote in their old precinct after moving are those who do not have any notation next to their name but have in fact moved. Regardless of how long ago a voter has moved, the voter may go back and vote in the old precinct as long as the voter is on the list of registered voters and resides in the county of registration and the political subdivision in which the voter is offering to vote. The voter must sign a statement of residence before being allowed to vote. (9) Voter registration certificate (Texas Election Code, Chapter 15, Subchapter A). The instructions on the back of the 1994-1995 voter certificate will need to be changed to reflect the NVRA changes. The Secretary of State will prescribe new language to replace language on the back of the voting certificate. The voter registrars will need to provide the new law to persons who will have an initial registration effective on January 1, 1995, or later, or to any voter who will receive a corrected or replacement certificate during the 1995 calendar year. The voter registrars may choose one of the following three methods to provide the new law: (A) order new voter registration certificates with the new language printed on the back of the certificate; (B) order stickers to be placed on the back of the certificates the voter registrar has in stock; or (C) send a notice which contains the new instructions to the voter when the new or corrected certificate is mailed. When the 1996-1997 voter registration certificates are mailed during November/December 1995, the new certificates will reflect the new laws regarding voting. (10) Correction of registration information (Texas Election Code, Chapter 15, Subchapter B). (A) State law provides for correcting voter registration records under certain circumstances (Texas Election Code sec.15.022). Under the NVRA, there will be a slight procedural change. There will no longer be a procedure for a 60-day challenge based on residence; however, the registrar may remove the voter from the list of registered voters or make the necessary corrections if the voter responds to a confirmation notice and indicates that the voter has moved to a different address. The new procedure to replace the 60-day challenge based on residence will be discussed in subparagraph (B) of this paragraph. (B) If the voter's name appears on the list of registered voters with an "S" notation and the voter registrar receives a notice from the voter that the voter has moved to a different address within the county, the registrar shall delete the "S" next to the voter's name on the date that the new registration will be effective in the precinct. The voter registrar will correct the address and place the voter in the proper precinct and mail the voter a corrected certificate with an effective date of 30 days from the date of receipt of the change. If the change of address is in the same precinct, the effective date of the certificate remains the same as the current certificate. (11) Certificate files (Texas Election Code, Chapter 15, Subchapter C) . State law is not affected by NVRA. When voters have been designated with an "S", the voters' certificate remains in the active file until the voter has actually been canceled from the list. (12) Cancellation of registration (Texas Election Code, Chapter 16, Subchapter A and B). There are two new procedures for canceling registered voters under the NVRA in addition to the procedures provided under current state law. (A) The voter registrar may cancel the registration of a voter if the voter files a written request to have the voter's name removed from the list. The voter's name shall be removed from the list of registered voters on the date that the registrar receives the request. The Secretary of State will prescribe a sample form for this purpose; however, the voter is not required to use the prescribed form. (B) If the registrar receives a response to the confirmation notice from the voter after the voter is placed on the suspense list and the confirmation notice response indicates a residence address outside the county, the registrar shall cancel the voter's registration. For example, if the voter fails to respond within 30 days after the confirmation mailing has been mailed, the voter registrar will place an "S" notation next to the voter's name on the list of registered voters. Any time that the voter responds to the confirmation mailing after that time, the voter registrar will proceed to either cancel or correct the registration depending on the response. (13) Cancellation of registration following return of renewal certificate. All voters designated with an "S" because of failure to respond to a confirmation notice mailed because the voter's renewal certificate was returned to the voter registrar, shall be canceled on November 30 following the passage of two federal general elections from the date the voters were designated with an "S". (14) Cancellation following investigation by registrar. (A) The voter registrar may use the investigation procedure to determine whether a registered voter is a resident of the county or is currently eligible for registration. There are not any changes in current state law if the voter registrar sends a notice of investigation for any reason other than residence. For example, if the registrar sends a notice of investigation to determine whether a person has been convicted of a felony, the voter has 60 days to respond to the notice or the voter's registration will be canceled. (B) If the registrar has reason to believe that a voter has moved, the registrar shall mail the voter a confirmation notice to confirm the voter's residence address. The registrar must include the pre-addressed, pre-paid confirmation return response form for the voter to use to reply to the voter registrar. The voter has 30 days to respond to the notice. If the registrar does not receive a response within 30 days, the voter registrar shall place an "S" next to the voter's name on the list of registered voters and record the date. The voter shall be canceled from the list of registered voters on November 30 after two federal general elections have passed since the date the voter was designated with an "S" if the voter has not responded to the confirmation notice or voted within this time period. (C) All suspense voters will be canceled on November 30 following two federal elections after the date the voter is designated as a suspense voter, if the voter fails to vote or respond to the confirmation notice during this time. Why the voter was designated with an "S" does not affect how the cancellation date is calculated. The voter registrar must note the date the voter was designated with an "S" in the voter's file (computer or paper) to determine the proper cancellation date. The cancellation dates for the next several years are as follows: Voters designated with an "S" between: January 1, 1995 through November 5, 1996 Cancellation Date: November 30, 1998 Voters designated with an "S" between: November 6, 1996 through November 3, 1998 Cancellation Date: November 30, 2000, Voters designated with an "S" between: November 4, 1998 through November 7, 2000 Cancellation Date: November 30, 2002 (15) Notice of cancellation to voter. State law requires a notification to the voter if the registration is canceled under certain circumstances (sec.16.036). It is not necessary to send the voter a notice of cancellation if the voter's registration is being canceled because the voter has been designated with an "S" on the list of registered voters and failed to vote or respond to the voter registrar. (16) Challenge of cancellation (Texas Election Code, Chapter 16, Subchapter C). NVRA does not affect the challenge of cancellation procedures. (17) Challenge of registration (Texas Election Code, Chapter 16, Subchapter D). (A) If the registration of one voter is challenged by the sworn statement of another registered voter, the voter registrar shall follow the procedures in current state law except when a voter is challenged based on residence. (B) If the voter registrar receives a sworn statement challenging the registration of another registered voter in the county due to residence, the voter registrar shall follow the procedure set forth in paragraph (14) of this subsection (relating to cancellation following an investigation by registrar). (18) Registration lists (Texas Election Code, Chapter 18, Subchapter A). (A) Voters designated with an "S" will remain on the original list of registered voters and will be printed on the original list for all elections. (B) Each original and supplemental list of registered voters must contain the voter's name, residence address, date of birth, and registration number, and be printed with an "R" or "S" notation if applicable to a particular voter. (C) Persons requesting copies of the list of registered voters may request the list with or without the names of voters with the "R" or "S" notation. (19) Registration statements (Texas Election Code, Chapter 18, Subchapter B). (A) Each voting year the registrar shall prepare a written statement of the number of persons in each county election precinct whose registration will be effective on January 1. The statement shall contain three categories of voters by precinct: (i) current voters in a precinct (those voters that do not have an "R" or "S" designation); (ii) voters who have been designated with an "R" in a precinct; and (iii) voters who have been designated with an "S" in a precinct. (B) The voter registrar will include in the written statement a sum of the three categories for a total number of eligible voters in a particular precinct. The registrar will also include in the written statement a total number of registered voters in the county. (C) The preelection statements required to be filed shall include the same information as the annual statement. (20) Registration service program (Texas Election Code, Chapter 18, Subchapter C). The voter registrar shall provide the Secretary of State five updates during a calendar year. The updates will be made between the 1st and the 16th during the months of January, March, June, September, and December. The voter registrar shall include in the September update the voters that have had the voting status of "R" changed to "S". The Secretary of State will prescribe the format of this report. (c) Other Texas Election Code sections affected by the NVRA list maintenance. (1) Texas Election Code, sec.42.006. The number of registered voters contained in an election precinct as provided for by this section of the Election Code should be determined excluding the number of voters who have been designated with an "S" next to the voters name of the list of registered voters. (2) Texas Election Code, sec.51.005. To determine the number of ballots to order for a particular election, the number of voters who have been designated with an "R" or "S" on the list of registered voters shall not be included in the count of registered voters in the precinct. (3) Texas Election Code, Chapter 277. If a law outside the Election Code requires a petition based on the number of registered voters in a particular territory, the number shall be determined by excluding the number of voters that have an "R" or "S" designation from the total number of registered voters in the particular territory. Registered voters that have an "R" or"S" designation on the list of registered voters may sign a petition if their actual residence address is covered by the territory conducting the election. (d) Fail-safe voting. (1) Voting in precinct of former residence. (A) A registered voter who changes residence to another election precinct in the same county and same political subdivision for which the voter offers to vote may vote a full ballot in the election precinct of former residence, regardless of how long ago the voter moved. (B) Before being accepted to vote, the voter must execute and submit to an election officer at the polling place a statement of residence which includes: (i) a statement that the voter is a resident of the county; (ii) the voter's residence address or, if the residence has no address, the address at which the voter receives mail and a concise description of the voter's residence; (iii) the month, day, and year of the voter's birth; and (iv) the date the statement is submitted to the election officer. (C) The voter registrar shall provide to the general custodian of election records a suitable number of statements of residence for use in each applicable election. (D) The voter registrar shall retain each statement of residence on file with the voter's registration application. (2) Qualifying a voter. Before any voter may be accepted for voting, the election officer must ask the voter if the voter has moved within the county. If the voter has moved within the county, the voter must sign the statement of residence before being accepted to vote. (3) Processing applications for ballot by mail. (A) If a voter applies for a ballot by mail and the voter has an "R" or "S" designation next to the voter's name on the list of registered voters, the early voting clerk shall mail the voter the statement of residence and follow the procedures stated in subparagraph (B) of this paragraph. (B) If the early voting clerk receives an application for ballot by mail from a registered voter whose residence address on the application for ballot by mail does not match the residence address on the voter registration list, the early voting clerk shall mail the voter a ballot together with a statement of residence and an explanation to the voter that if the statement is not returned in the carrier envelope or indicates that the voter no longer resides in the political subdivision, the ballot will be rejected by the early voting ballot board. The early voting clerk shall make an indication on the outside of the carrier envelope that a statement of residence is enclosed. Procedures for qualifying these types of ballots and processing the ballots shall be accomplished in accordance with the procedures set forth in the Secretary of State handbook for the early voting ballot board. (C) If the early voting clerk cannot determine that the applicant is a registered voter in the political subdivision because the residence address does not match and other information on the application fails to identify the applicant as a registered voter, then the clerk shall reject the application and send the voter a notice of rejection. For example, if ten Mike Smiths were registered to vote and the early voting clerk could not determine which Mike Smith had applied for an early ballot because the residence address did not match and the application lacked any other specific identifying information, then the application must be rejected. (e) Record keeping and reporting. The Secretary of State will be required to make the following report each odd-numbered year to the FEC, which means the following information must be maintained by the counties and filed with the Secretary of State: (1) the total number of registered voters statewide, including voters designated with an "S", in the federal general election two years prior to the most recent federal general election as shown on the pre-election statement required to be filed not later than 20 days before each general election for state and county officers; (2) the total number of registered voters statewide, including voters designated with an "S", in the most recent federal election as shown on the pre- election statement; (3) the total number of new valid registrations accepted statewide between the past two federal general elections, including all registrations that are new to a county, but excluding all applications that are duplicates, rejected, or report only a change of name, or address within the county. (4) the total number of registrants statewide that were designated with an "S", at the close of the most recent federal general election as shown on the pre-election statement; (5) the total number of registrations statewide that were, for whatever reason, deleted from the registration list, including voters designated with an "R" or "S", between the past two federal general elections; (6) the statewide number of registration applications received statewide (regardless of whether they were valid, rejected, duplicative, or address or name changes) that were received from or generated by each of the following categories, between the past two federal general elections: (A) all motor vehicle offices statewide; (B) mail; (C) all public assistance agencies that are mandated as registration sites under the Act; (D) all state-funded agencies primarily serving persons with disabilities; (E) all Armed Forces recruitment offices; (F) all other agencies designated by the state; (G) all other means, including but not limited to, in person, deputy registrars, and organized voter registration drives delivering forms directly to registrars; (7) the total number of duplicate registration applications statewide that, between the past two federal general elections were received in the appropriate election office and generated by each of the categories described in paragraph (6)(i)-(vii) of this subsection; (8) the statewide number of confirmation notices mailed out between the past two federal general elections and the statewide number of responses received to these notices during the same period; (9) answers to a series of questions with categorical responses for the state to indicate which options or procedures the state has selected in implementing the NVRA or any significant changes to the state's voter registration program; and (10) any additional information that would be helpful to the Commission for meeting the reporting requirement under 42 United States Code 1973gg-7(a)(3). 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 2, 1994. TRD-9449854 Machree Garrett Gibson Assistant Secretary of State Office of the Secretary of State Effective date: January 1, 1995 Proposal publication date: September 9, 1994 For further information, please call: (512) 463-5650 or 1-800-252-8683 TITLE 4. AGRICULTURE Part I. Texas Department of Agriculture Chapter 5. Quarantines Sweet Potato Weevil Quarantine 4 TAC sec.5.62, sec.5.63 The Texas Department of Agriculture (the department) adopts amendments to sec.5.62 and sec.5.63, concerning the sweet potato weevil quarantine, without changes to the proposed text as published in the August 16, 1994, issue of the Texas Register (19 TexReg 6411). Recent detections of the sweet potato weevil in Freestone County indicate that the department should regulate this county to protect the other weevil-free areas of Texas. Presently, the sweet potato weevil regulated areas within Texas are not included in sec.5.63. It is necessary to amend sec.5.63 to define and include sweet potato weevil regulated areas within Texas to allow the department to regulate the movement of restricted material in those areas. The amendment to sec.5.62 as adopted removes Freestone County from the list of weevil-free counties in Texas. The amendment to sec.5.63 as adopted adds sweet potato weevil regulated areas within the State of Texas. Public comment was taken on the proposed amendments at a public hearing held by the department in Fairfield, Texas. One Texas Agricultural Extension Service entomologist appeared at the hearing and provided oral testimony in favor of the amendment to sec.5.62. The entomologist acknowledged that the sweet potato weevil is present in Freestone County and that the department should regulate this county to protect the weevil-free areas of Texas. No comments were received regarding adoption of the amendment to sec.5.63. The amendments are adopted under Texas Agriculture Code, sec.71.007, which provides the Texas Department of Agriculture with the authority to adopt rules necessary for the protection of agricultural and horticultural interests in the state. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 21, 1994. TRD-9449966 Dolores Alvarado Hibbs Chief Administrative Law Judge Texas Department of Agriculture Effective date: November 11, 1994 Proposal publication date: August 16, 1994 For further information, please call: (512) 463-7583 Chapter 9. Plant Quality Nursery and Floral Products 4 TAC sec.sec.9.1, 9.2, 9.4-9.6 The Texas Department of Agriculture (the department) adopts amendments to sec.sec.9.4-9.6 and new sec.9.1 and sec.9.2, concerning nursery and floral products, without changes to the proposed text as published in the August 12, 1994, issue of the Texas Register (19 TexReg 6326). The amendments and new sections are adopted to update and clarify terminology and procedures found in this undesignated head and to make the regulation consistent with Texas Agriculture Code, Chapter 12, pertaining to late fees, and Texas Agriculture Code, Chapter 71, pertaining to nursery/floral registration and inspection. The amendments and new sections as adopted add definitions concerning nursery and floral products; provide for violations and penalties; change the section title from "examination" to "inspection"; change the frequency of inspections from once a year to once every three years; change the language from "certificate of inspection" to "registration certificate"; change the expiration date for nursery/floral registration certificates; add a nursery/floral renewal late fee schedule; and eliminate Class 5 as an operational category. No comments were received regarding adoption of the amendments and new sections. The amendments and new sections are adopted under the Texas Agriculture Code, sec.71.043 and sec.71.057, which provide the Texas Department of Agriculture with the authority to require a florist or nursery owner, nursery dealer or nursery agent to register or renew his or her registration by submitting an application and nonrefundable fee; and Texas Agriculture Code, sec.12.024, which provides for the assessment and collection of late fees. 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 21, 1994. TRD-9449967 Dolores Alvarado Hibbs Chief Administrative Law Judge Texas Department of Agriculture Effective date: November 11, 1994 Proposal publication date: August 12, 1994 For further information, please call: (512) 463-7583 Chapter 19. Seed Division Texas Seed Law 4 TAC sec.sec.19.2-19.4 The Texas Department of Agriculture (the department) adopts amendments to sec.sec.19.2-19.4, concerning administration of the Texas Seed Law, without changes to the proposed text as published in the August 12, 1994, issue of the Texas Register (19 TexReg 6327). The amendments are adopted to provide for including hybrid cotton seed in the variable percentage of hybrid seed labeling to promote the marketing of new kinds/varieties of hybrid seed, reclassifying the existing noxious weed seed listing of annual bluegrass as a prohibited noxious weed seed to a restricted noxious weed seed, and abolishing the service testing category for winter test readings. The amendment regarding labeling of hybrid seed will allow for greater research endeavors which will benefit cotton growers and cotton seed producers. The amendment to the noxious weed seed listing allows for a more practical means of attaining the desired results at a reasonable price to the consumer. The amendment to the service testing category allows the state to transfer the cost of expensive travel for that program to the industry receiving those services. The Texas Seed Trade Association commented generally in favor of the amendments. The amendments are adopted under the Texas Agriculture Code, sec.61.002, which provides the Texas Department of Agriculture with the authority to establish rules necessary for the administration of the seed program. 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 21, 1994. TRD-9449968 Dolores Alvarado Hibbs Chief Administrative Law Judge Texas Department of Agriculture Effective date: November 11, 1994 Proposal publication date: August 12, 1994 For further information, please call: (512) 463-7583 TITLE 31. NATURAL RESOURCES AND CONSERVATION Part X. Texas Water Development Board Chapter 365. Investment Rules The Texas Water Development Board (the board) adopts new 31 TAC Chapter 365, Investment Rules, sec.sec.365.1, 365.2, 365.11, 365.12, 365.21-365.24, 365. 31- 365.35, and 365.51-365.54, without changes to the proposed text as published in the September 16, 1994, issue of the Texas Register (19 TexReg 7233). Title 31, TAC Chapter 365 is created to establish rules regarding the investment of Texas Water Development Board and Texas Water Resources Finance Authority funds in accordance with the Texas Government Code, Chapter 2256. Chapter 365 will provide investment procedures which will preserve capital, establish prudent investment policies, and provide for reporting of investments. No comments were received regarding adoption of the new sections. General Provisions 31 TAC sec.365.1, sec.365.2 The new sections are adopted under the authority of the Texas Water Code, sec.6.101, which provides the Texas Water Development Board with the authority to adopt rules necessary to carry out the powers and duties in the Water Code and other laws of the State; and the Texas Government Code, Chapter 2256, which requires each State agency to adopt rules necessary to invest funds. 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 21, 1994. TRD-9449871 Craig D. Pedersen Executive Administrator Texas Water Development Board Effective date: November 11, 1994 Proposal publication date: September 16, 1994 For further information, please call: (512) 463-7981 Selection of Authorized Dealers 31 TAC sec.365.11, sec.365.12 The new sections are adopted under the authority of the Texas Water Code, sec.6.101, which provides the Texas Water Development Board with the authority to adopt rules necessary to carry out the powers and duties in the Water Code and other laws of the State; and the Texas Government Code, Chapter 2256, which requires each State agency to adopt rules necessary to invest funds. 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 21, 1994. TRD-9449872 Craig D. Pedersen Executive Administrator Texas Water Development Board Effective date: November 11, 1994 Proposal publication date: September 16, 1994 For further information, please call: (512) 463-7981 Investment Procedures 31 TAC sec.sec.365.21-365.24 The new sections are adopted under the authority of the Texas Water Code, sec.6.101, which provides the Texas Water Development Board with the authority to adopt rules necessary to carry out the powers and duties in the Water Code and other laws of the State; and the Texas Government Code, Chapter 2256, which requires each State agency to adopt rules necessary to invest funds. 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 21, 1994. TRD-9449873 Craig D. Pedersen Executive Administrator Texas Water Development Board Effective date: November 11, 1994 Proposal publication date: September 16, 1994 For further information, please call: (512) 463-7981 Standards for Investments and Reporting of Investments 31 TAC sec.sec.365.31-365.35 The new sections are adopted under the authority of the Texas Water Code, sec.6.101, which provides the Texas Water Development Board with the authority to adopt rules necessary to carry out the powers and duties in the Water Code and other laws of the State; and the Texas Government Code, Chapter 2256, which requires each State agency to adopt rules necessary to invest funds. 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 21, 1994. TRD-9449874 Craig D. Pedersen Executive Administrator Texas Water Development Board Effective date: November 11, 1994 Proposal publication date: September 16, 1994 For further information, please call: (512) 463-7981 Payment, Delivery, and Deposit of Investments 31 TAC sec.sec.365.51-365.54 The new sections are adopted under the authority of the Texas Water Code, sec.6.101, which provides the Texas Water Development Board with the authority to adopt rules necessary to carry out the powers and duties in the Water Code and other laws of the State; and the Texas Government Code, Chapter 2256, which requires each State agency to adopt rules necessary to invest funds. 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 21, 1994. TRD-9449875 Craig D. Pedersen Executive Administrator Texas Water Development Board Effective date: November 11, 1994 Proposal publication date: September 16, 1994 For further information, please call: (512) 463-7981 TITLE 34. PUBLIC FINANCE Part IV. Employees Retirement System of Texas Chapter 63. Board of Trustees 34 TAC sec.63.4 The Employees Retirement System of Texas (ERS) adopts an amendment to sec.63.4, concerning the Board of Trustees, without changes to the proposed text as published in the September 9, 1994, issue of the Texas Register (19 TexReg 7063). The amendment will make changes necessary to implement and monitor the 1995 trustee election. The 1995 trustee election will be administered in a more effective manner in regard to ballot distribution and the election process. The following comments were received concerning the proposed revised rules. COMMENT: One comment was received which stated that the amendments will further improve the election process by permitting additional information on candidates to be published and maintaining controls over ballot distribution. RESPONSE: The ERS agrees with this comment. COMMENT: Several comments were received which indicated the desire for the rule amendments to be extended to include mailing of election ballots to home addresses and allowing candidate access to state retiree names and addresses. RESPONSE: Attorney General Opinion OR93-114 prohibits the ERS from furnishing the names and addresses of retirees. In addition, current home addresses are not systematically maintained by the ERS or any state agency the ERS has contacted. The current method of ballot distribution to state agencies is the most effective method of insuring that state employees receive ballots. The following organizations provided comment: Texas Public Employees Association; CWA/Texas State Employees Union. The amendment is adopted under the Government Code, sec.815.003 and sec.815. 102, which provide authorization for the board of trustees of the ERS to adopt rules necessary to nominate and elect trustees and to carry out other business of the board. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on October 19, 1994. TRD-9449783 William S. Nail Executive Director Employees Retirement System of Texas Effective date: November 9, 1994 Proposal publication date: September 9, 1994 For further information, please call: (512) 867-3336 Chapter 65. Executive Director 34 TAC sec.65.3 The Employees Retirement System of Texas (ERS) adopts an amendment to sec.65.3, concerning the Executive Director, without changes to the proposed text as published in the September 9, 1994, issue of the Texas Register (19 TexReg 7064). The amendment will be in compliance with Acts of the 73rd Legislature which require state agencies to adopt rules that specify the charges the agency will make for providing public information. The public will now have a better understanding of how costs for public information are calculated. No comments were received regarding adoption of the amendment. The amendment is adopted under the Government Code, sec.815.102, which provides authorization for the board of trustees of the ERS to adopt rules concerning the administration of the funds of the retirement system and the transaction of the business of the board. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on October 19, 1994. TRD-9449782 William S. Nail Executive Director Employees Retirement System of Texas Effective date: November 9, 1994 Proposal publication date: September 9, 1994 For further information, please call: (512) 867-3336 Chapter 87. Deferred Compensation Plan 34 TAC sec.sec.87.7, 87.13, 87.15, 87.17, 87.19 The Employees Retirement System of Texas (ERS) adopts amendments to sec.sec.87.7, 87.13, 87.15, 87.17, and 87.19, concerning the Deferred Compensation Plan, without changes to the proposed text as published in the September 9, 1994, issue of the Texas Register (19 TexReg 7064). The amendments clarify vendor reporting and disclosure and telephone transfer requirements and add procedures for transferring participant deferrals and investment income to other eligible deferred compensation plans. Clarification of the reporting and disclosure requirements will provide additional protection for employees participating in the plan. Participating members will now be better informed with regard to procedures to transfer funds to another eligible deferred compensation plan. No comments were received regarding adoption of the amendments. The amendments are adopted under the Government Code, sec.609.508, which provides authorization for the board of trustees of the ERS to adopt rules, regulations, plans, and procedures to carry out the purposes 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 authority. Issued in Austin, Texas, on October 19, 1994. TRD-9449781 Charles D. Travis Executive Director Employees Retirement System of Texas Effective date: November 9, 1994 Proposal publication date: September 9, 1994 For further information, please call: (512) 867-3336 TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part III. Texas Youth Commission Chapter 91. Discipline and Control Control 37 TAC sec.91.73 The Texas Youth Commission (TYC) adopts an amendment to sec.91.73, concerning intensive resocialization program, without changes to the proposed text as published in the September 20, 1994, issue of the Texas Register (19 TexReg 7340). The justification for amending the section is to allow staff to gain control and youth to receive intensive treatment. The amendment will distinguish between the more intensive restrictive resocialization program at Giddings State School and other resocialization programs at TYC facilities. The name of the policy has been changed to be consistent with these changes. No comments were received regarding adoption of the amendment. The amendment is adopted under the Human Resources Code, sec.61.075, which provides the Texas Youth Commission with the authority to order confinement under conditions it believes best designed for the child's welfare and the interests of the public. 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 21, 1994. TRD-9449876 Steve Robinson Executive Director Texas Youth Commission Effective date: November 11, 1994 Proposal publication date: September 20, 1994 For further information, please call: (512) 483-5244 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part VII. Texas Committee on Purchases of Products and Services of Blind and Severely Disabled Persons Chapter 189. Purchases of Products and Services of Blind and Severely Disabled Persons Organization of the Committee 40 TAC sec.189.3 The Texas Committee on Purchases of Products and Services of Blind and Severely Disabled Persons adopts an amendment to sec.189.3, concerning procedures of the committee. The amendment is being adopted with changes to the proposed text as published in the July 15, 1994, issue of the Texas Register (19 TexReg 5465). The amendment is being adopted to encourage public comment at regularly scheduled meetings. A change in wording was made noting that public comment will increase access and input into the operation of the Committee. This change will reflect public comment as being one of the means of receiving information. The effect of the adopted rule will be improved communication between the public and the Texas Committee on Purchases of Products and Services of Blind and Severely Disabled Persons. One comment for the proposal was received requesting deletion of language in order to convey that public comment is only one avenue by which public Boards receive information. The amendment is adopted under the Human Resources Code, Chapter 122, sec.122.010, which provides the committee with the authority to adopt rules for the implementation, extension, administration, or improvement of the program. The Human Resources Code, Chapter 122, sec.122.019 is affected by this proposed amendment. sec.189.3. Organization of the Committee. (a)-(c) (No change.) (d) Public access to Committee meetings shall be encouraged. The Committee shall encourage public participation at its regularly scheduled meetings by including in the agenda a provision for "public comment." Such public comment will increase access and input into the operation of the Committee and the stated purpose for which it exists. Interested parties may speak for a maximum of five minutes if appropriate comment request cards have been completed. Individuals may supplement their comments through written communication. Individuals requiring more than five minutes may request to be included as an agenda item by responding to the published meeting notice in the Texas Register. (e) Regular meetings of the committee shall be held in each calendar quarter at the call of the chairman or his committee member designee unless, in the opinion of the chairman or his committee member designee, the amount of business to be conducted is insufficient to call a regular meeting during a particular quarter. (f) Special meetings may be set at the call of the chairman or his committee member designee for any purpose except for hearings on suspension of a workshop. (See sec.189.10 of this title (relating to Notice and Hearing Required Prior to Suspension)). (g) Committee members who have personal or private interest in any matter pending before the committee or any subcommittee of the committee must disclose that fact publicly in a meeting held under the Open Meetings Act, and they must not participate in the decision. The disclosure and non-participation shall both be a matter of record in the committee or subcommittee minutes. (h) Committee members may not appoint or vote for any person related to that individual within the third degree of consanguinity (related by blood) or the second degree of affinity (related by marriage) to any paid state position. 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 21, 1994. TRD-9449951 Hollis Pinyan Chairman Texas Committee on Purchases of Products and Services of Blind and Severely Disabled Persons Effective date: November 11, 1994 Proposal publication date: July 15, 1994 For further information, please call: (512) 459-2604 Texas Department of Insurance Exempt Filing Notification Pursuant to the Insurance Code, Chapter 5, Subchapter L (Editor's Note: As required by the Insurance Code, Article 5.96 and 5. 97, the Texas Register publishes notices of actions taken by the Department of Insurance pursuant to Chapter 5, Subchapter L, of the Code. Board action taken under these articles is not subject to the Administrative Procedure Act. These actions become effective 15 days after the date of publication or on a later specified date. The text of the material being adopted will not be published, but may be examined in the offices of the Department of Insurance, 333 Guadalupe, Austin.) The Texas Department of Insurance at a public hearing under Docket Number 2117 held at 11:00 a.m., October 18, 1994, in room 100 of the Texas Department of Insurance Building, 333 Guadalupe Street, Austin, Texas, adopted a form filing by the Texas Department of Transportation (Department) for revised surety bond forms entitled "Performance Bond" and "Payment Bond". Both bond forms are a requirement of the Texas Government Code Title 10, Chapter 2253. The forms were filed in the Chief Clerk's Office on October 3, 1994. The Performance Bond has been revised to clarify that in the event of default the surety and principal shall fully indemnify and save harmless the State of Texas (Obligee) from all cost and damage and shall reimburse and pay the Obligee all outlay and expense which the Obligee may incur in making good any such default. This bond has further been revised to add wording that no change, extension of time, alteration or addition to the terms of the contract shall in any way affect the surety's obligation under the bond and that the surety waives notice of any such change, extension of time, alteration or addition to the terms to the contract. There have been other minor changes to this form. The Payment Bond has been revised to make reference to the Texas Government Code Title 10, Chapter 2253 as the controlling statute for Payment Bonds for public projects. There have been other minor changes to this form. The full text of the surety bond form filing (Reference Number O-1094-22), was published in the October 7, 1994, issue of the Texas Register (19 TexReg 8070). The Texas Department of Insurance has jurisdiction over this matter pursuant to the Insurance Code, Articles 5.13, 5.15 and 5.97. The full text of the surety bond forms entitled "Performance Bond" and "Payment Bond", as adopted by the Texas Department of Insurance is filed with the Chief Clerk under (Reference Number O-1094-22) and is incorporated by reference by Commissioner Order Number 94-1137. This notification is made pursuant to the Insurance Code, Article 5.96, which exempts it from the requirements of the Administrative Procedure Act. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on October 20, 1994. TRD-9449849 D. J. Powers General Counsel and Chief Clerk Texas Department of Insurance Effective date: November 12, 1994 For further information, please call: (512) 463-6327