ADOPTED RULES An agency may take final action on a section 30 days after a proposal has been published in the Texas Register. The section becomes effective 20 days after the agency files the correct document with the Texas Register, unless a later date is specified or unless a federal statute or regulation requires implementation of the action on shorter notice. If an agency adopts the section without any changes to the proposed text, only the preamble of the notice and statement of legal authority will be published. If an agency adopts the section with changes to the proposed text, the proposal will be republished with the changes. TITLE 1. ADMINISTRATION Part V. General Services Commission Chapter 113. Central Purchasing Division Surplus Property Division 1 TAC sec.sec.113.71-113.76 The General Services Commission adopts the repeal of sec. sec.113.71-113.76, concerning state surplus property sales, without changes to the proposed text as published in the September 9, 1994, issue of the Texas Register (19 TexReg 7052). The repeal is necessary in order to adopt new sec.sec.126.1-126.5, which provide requirements for the management of both state and federal surplus property functions by the General Services Commission, Intergovernmental Services Division. The repeals will delete obsolete language. No comments were received regarding adoption of the repeals. The repeals are adopted under Texas Civil Statutes, Article 601b, sec.9.04 and sec.9.09, which provide the General Services Commission with the authority to promulgate rules necessary to accomplish the purpose of the Article 9. 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 November 15, 1994. TRD-9450973 Judith Monaco Porras General Counsel General Services Commission Effective date: December 6, 1994 Proposal publication date: September 9, 1994 For further information, please call: (512) 463-3960 Chapter 126. Intergovernmental Programs Division State Surplus and Salvage Property 1 TAC sec.sec.126.1-126.5 The General Services Commission adopts new sec.sec.126.1-126.5, concerning state surplus and salvage property and new sec. sec.126.20-126.21, concerning federal surplus and salvage property. The new sections are adopted with changes to the proposed text as published in the September 9, 1994, issue of the Texas Register (19 TexReg 7055). The new sections are required to provide procedures for management of federal surplus property by the intergovernmental programs division, delete obsolete provisions, and streamline procedures. In sec.126.2(c)(1), a final sentence has been added to clarify the term "competing equivalent request": The section now reads "...The first state agency, political subdivision or assistance organization that agrees to the established price before the expiration of 35 days shall be entitled to the property; provided however, first priority shall be given to a state agency in the event that a competing equivalent request is received from a political subdivision or assistance organization. Two or more requests shall be considered "competing and equivalent" for purposes of this rule if each meets the price established by the notifying or reporting agency and is received by that agency on the same business day within the 35 day period following dissemination of the monthly surplus listing." In sec.126.2(c)(3), the words "to the public" were inserted to amplify that disposition after the initial 35 day period would be made to the public: "If a transfer or acquisition of property is not arranged within 35 days after the dissemination of the surplus list as provided in (b) above, the commission shall dispose of the surplus or salvage to the public in accordance with sec.126.3 of this chapter." In sec.126.3(a), the ending phrase ". ..on a competitive bid basis" was replaced with "...by sealed bids or auction. " In sec.126.20, Definitions, General Services Administration, the word "A" was replaced with the word "The": "General Services Administration-The federal agency having authority for the disposition and donation of federal surplus property." The definition of "political subdivision" in sec.126.20 was corrected to read: "Each political subdivision of the state, including counties, municipalities, public school districts and volunteer fire departments." The new rules repeal obsolete provisions relating to the Texas Surplus Property Agency; streamline the language previously used in sec.sec.113.71-113.76 which contained requirements for state surplus and salvage property and provide procedures for management of federal surplus property by the Intergovernmental Programs Division as the successor to the Texas Surplus Property Agency. In addition, new sec.sec.126.1-126.5 will make state surplus property available on a "first-come-first-served" basis, provided that, state agencies will be granted priority when competing equivalent requests are received. Three written comments were received. Paul Barzack, for Texas A&M University, recommended several editorial changes to clarify the intent of various provisions and broaden the scope of others. In particular, Mr. Barzack recommended broadening the definition of surplus property in sec.126.20 to insert "grantee, or contractor" after the words "federal agency." William Burnett, for Texas Department of Transportation, opined that sec.126.2(c)(1) must be read to grant priority for transfer of state surplus to state agencies for the entire 35-day period prescribed in Texas Civil Statutes, Article 601b, Article 9, The Texas Department of Human Services commented in favor of the proposed sections. The Texas A&M University and the Texas Department of Human Services commented in favor. The Texas Department of Transportation commented against. Article 601b, Article 9 requires only that "[d]uring the 35-day period, priority shall be given to transfer to a state agency, under rules adopted by the commission." (emphasis added). The commission maintains that its authority to adopt rules necessary to accomplish the larger purposes of Article 9, i.e., "to realize the maximum return to the state in the sale and disposal of surplus property... and minimize losses from accumulations," includes the authority to offer surplus property on a "first-come-first-served" basis so long as state agencies are afforded priority when "competing equivalent requests" are received. The commission or transferring state agency need not await the expiration of 35 days to determine whether a competing equivalent request has been received from a state agency. Certain recommended changes that would assertedly improve the communicatory intent of the language were deemed unnecessary or unclear. The recommendation to broaden the definition of surplus property in sec.126.20 would, arguably, exceed the Commission's current authority to accept federal surplus property as defined in 40 United State Code sections 483-484K and the State Plan of Operation. These rules are adopted under Texas Civil Statutes, Article 601b, Article 9, sec.sec.9.04 and 9.09 which provide the General Services Commission with the authority to promulgate rules necessary to accomplish the purposes of the article. Chapter 126. Intergovernmental Programs Division State Surplus and Salvage Property sec.sec.126.1-126.5 sec.126.1. Definitions. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. Assistance organization - (A) a nonprofit organization that provides educational, health, or human services or assistance to homeless individuals; (B) a nonprofit food bank that solicits, warehouses, and distributes edible but unmarketable food to agencies that feed needy families and individuals; and (C) Texas Partners of the Americas, a registered agency with the Advisory Committee on Voluntary Foreign Aid, with the approval of the Partners of the Alliance office of the Agency for International Development. Political subdivision -Each political subdivision of the state and volunteer fire departments. Property-Personal property, not including real property or any interest in real property. Personal property affixed to real property may be sold as surplus or salvage property if its removal and disposition is to carry out a lawful objective. Salvage property -Any personal property which-use, time, or accident is so depleted, worn out, damaged, used, or consumed that it has no value for the purpose for which it was originally intended. State agency-Any department, commission, board, office or other agency as defined in Texas Civil Statutes, Article 601b, Article 1, sec.1.02, but excluding those agencies described in Article 9, sec.9.14. For purposes of acquiring property under these rules, the term "state agency" shall additionally include the Texas Civil Air Patrol. Surplus Property -Any personal property which is in excess of the needs of any state agency and which is not required for its foreseeable needs. Surplus property may be used or new, but possesses some usefulness for the purpose for which it was intended or for some other purpose. sec.126.2. Disposition of Surplus and Salvage Property to State Agencies, Political Subdivisions and Assistance Organizations. (a) General. All state agencies that determine they have surplus or salvage property shall inform the commission of the kind, number, location, condition, original cost or value, and date of acquisition of the property in a form prescribed by the commission. The commission shall, in turn, provide this information to other state agencies, political subdivisions, and assistance organizations. (b) Dissemination of Information. A listing of currently available surplus or salvage property shall be disseminated monthly to state agencies and to those political subdivisions and assistance organizations which have requested this information. The commission will additionally maintain a mailing list, renewable annually, of political subdivisions and assistance organizations. The commission may charge an amount which shall not exceed the actual costs incurred by the commission in maintaining the mail list and in producing and mailing the information on surplus and salvage property. (c) Offering surplus or salvage property to state agencies, political subdivisions and assistance organizations. (1) For the first 35 days following dissemination of the monthly surplus listing, the notifying or reporting agency shall establish a price, if any. The first state agency, political subdivision or assistance organization that agrees to the established price before the expiration of 35 days shall be entitled to the property; provided, however, first priority shall be given to a state agency in the event that a competing equivalent request is received from a political subdivision or assistance organization. Two or more requests shall be considered "competing and equivalent" for purposes of this rule if each meets the price established by the notifying or reporting state agency on the same business day within the 35 day period following dissemination of the monthly surplus listing. (2) If a transfer is made to a state agency, the participating agencies shall report the transaction to the comptroller as provided by law and the comptroller's State Property Accounting System. The comptroller shall then debit and credit the proper appropriations within the systems maintained by the comptroller. (3) If a transfer or acquisition of the property is not arranged within 35 days after the dissemination of the surplus list as provided in subsection (b) of this section, the commission shall dispose of the surplus or salvage to the public in accordance with 126.3 of this rule. sec.126.3. Disposition of Surplus and Salvage Property to the Public. (a) General. If no state agency, political subdivision, or assistance organization desires to receive any property reported as surplus or salvage, the commission may dispose of the property by sealed bids or auction, or delegate to the state agency having possession of the property the authority to sell the property by sealed bids or auction. (b) Mailing list of bidders. The commission will maintain a mailing list of companies or individuals who have applied to bid on surplus or salvage property. The commission shall charge an annual subscription fee to recover the costs associated with maintaining and using the bidders list. Names may be deleted from the mailing list for: failure to bid, failure to make payment, failure to remove awarded items, or failure to renew the annual subscription fee. A bidder who has been removed from the bidders list for failure to pay for or remove surplus property may not be reinstated until a written request has been presented to and approved by the Director of the Intergovernmental Programs Division. (c) Purchaser Fee. The commission or the agency shall assess and collect from the purchaser a 2.5% fee over and above the proceeds from the sale of the property to recover the costs associated with the sale of the property. (d) Sealed bids. Sealed bids will be handled in accordance with sec.113. 5 of this title (relating to bid submission, bid opening, and tabulation). (1) If the value of any property or lot of property, either surplus or salvage, is estimated to be worth over $1,000 of resale value, the sale shall be advertised at least one time in at least one newspaper of general circulation in the vicinity where the property is located. (2) When a bid deposit is required, the deposit must be in the amount specified in the bid invitation. Only the following will be considered as meeting the bid deposit requirements: a cashier's check, a certified check, a money order, or cash in the amount specified in the bid invitation. Failure to include a bid deposit in the proper amount will automatically disqualify a bid. (3) The commission will notify the successful bidder or bidders, on a sealed bid sale of surplus or salvage property, that an award has been made to them and specify a period of time for payment. In the event that a successful bidder fails to make payment within the specified time, the commission may retain the bid deposit and consider it forfeited. (4) When a successful bidder has paid the full amount due for the purchase of surplus or salvage property obtained-a sealed bid sale, the commission shall notify both the successful bidder and the agency holding the title of the surplus or salvage and authorize the transfer of possession. In the case of vehicles or other items which require title transfer, it shall be the responsibility of the agency holding title to complete the transfer of title to the successful bidder. (e) Auctions. Surplus or salvage sold through the auction method shall be accompanied by an auctioneer's paid receipt. The auctioneer's paid receipt will serve as the authorization of the commission that the purchaser has in good faith complied with the conditions of the sale. In the case of vehicles or other items carrying titles, the agency holding the original title shall be responsible for the transfer to the successful bidder. (f) Delegation of authority to state agency. If the commission determines that it is in the best interest of the state for an agency to dispose of its own surplus or salvage property to the public, it may authorize the agency to do so; however, an agency authorized to sell its own property to the public shall always seek competitive bids. The agency shall follow procedures provided by the commission at the time the delegation is granted and shall provide a report of the proceeds by assigned sale number no later than September 10 of each year for the prior fiscal year. (g) Firearms. The purchaser of a surplus firearm must be a licensed firearms dealer. (h) Rejection of bids. The state reserves the right to reject any bid or part of a bid, or waive minor technicalities. (i) No resale value. If the commission or agency advertises surplus or salvage property for sale and receives no bids, or if items declared surplus or salvage by an agency have, in the judgment of the agency, no resale value, the agency may delete and dispose of the property in a manner to best serve the interest of the state. (j) Delegation of deletion authority to the state agencies. The commission hereby delegates to the agency the authority to delete surplus or salvage property on the State Property Accounting System after disposition in accordance with these rules. sec.126.4. Proceeds. (a) The proceeds from the sale of any surplus or salvage property, less the cost of advertising the sale, the cost, if any, of auctioneer services, and the amount of the fee collected under sec.126.3(c) of this title (relating to Sale and Disposition of Surplus and Salvage Property), shall be deposited to the credit of the item of appropriation to the agency for which the sale was made. The portion of the proceeds from the sale of any surplus or salvage property equal to the costs of advertising the sale and the costs of auctioneer services, if any, shall be deposited in the State Treasury to the credit of the item of appropriation to the Commission from which such costs were expended. The fee collected under sec.126.3(c) of this title shall be deposited in the State Treasury to the credit of the general revenue fund. sec.126.5. Purchase of Chairs. (a) The commission shall determine the fair market value of the chair which an appointed or elected official or executive head of an executive or legislative agency other than the legislature used during his or her tenure of service and which the official desires to purchase upon vacation of office or termination of service. (b) The property manager of the state agency shall submit the following information about the chair to the commission: (1) acquisition date; (2) original cost; (3) inventory number; (4) description of chair including brand and model number; (5) current condition; (6) current estimated value; and (7) name of the appointed or elected official or executive head of the state agency and the date of vacation of office or termination of service. (c) The commission will determine the fair market value of the chair and notify in writing the property manager of the state agency requesting the determination. Upon payment of the determined fair market value of the chair, the property manager may transfer the chair to the state official and remove the chair from any inventory of personal property. 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 November 15, 1994. TRD-9450972 Judith Monaco Porras General Counsel General Services Commission Effective date: December 6, 1994 Proposal publication date: September 9, 1994 For further information, please call: (512) 463-3960 Federal Surplus and Salvage Property 1 TAC sec.126.20, sec.126.21 The new sections are adopted under Texas Civil Statutes, Article 601b, sec.9.04 and sec.9.09, which provide the General Services Commission with the authority to promulgate rules necessary to accomplish the purpose of the Article 9. sec.126.20. Definitions. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. Donee-An organization certified by the commission as eligible under federal agency regulations to receive and utilize federal surplus property. General Services Administration-The federal agency having authority for the disposition and donation of federal surplus property. Nonprofit Organization -An organization that provides educational, health or human services or assistance to individuals. Political subdivision -Each political subdivision of the state, including counties, municipalities, and public school districts and volunteer fire departments. Property-Personal property, not including real property or any interest in real property. Surplus Property -Any personal property which is in excess of the needs of any federal agency and which is not required for its foreseeable needs. Surplus property may be used or new, but possesses some usefulness for the purpose for which it was intended or for some other purpose. Texas State Plan of Operation-A document outlining the methods by which the commission will implement the rules and regulations as set forth by the General Services Administration. sec.126.21. Donation. (a) Donations. The commission will obtain and donate federal surplus property as provided by federal laws and regulation. Donations of the property will be limited to state agencies, political subdivisions, and nonprofit organizations which have been certified as donees meeting federal eligibility requirements. (b) Cost recovery. Fees may be charged to donees to recover the costs of administering the program. Any fund established by these fees shall only be used for the support of this program. (c) Public Auction. Property that the commission does not donate may be disposed of by public auction. The commission will be responsible for providing auctioneering services, unless such services are provided by the General Services Administration. 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 November 15, 1994. TRD-9450970 Judith Monaco Porras General Counsel General Services Commission Effective date: December 6, 1994 Proposal publication date: September 9, 1994 For further information, please call: (512) 463-3960 Part XII. Advisory Council on State Emergency Communications Chapter 251. Regional Plans 1 TAC sec.251.6 The Advisory Commission on State Emergency Communications adopts new sec.251.6, concerning agency guidelines for strategic plans, amendments, and equalization surcharge allocation, with changes to the proposed text as published in the August 5, 1994, issue of the Texas Register (19 TexReg 6078). The new section is adopted in order to provide ACSEC a process that authorizes the Councils of Governments to utilize a standardized and streamlined method for the plan amendment process for implementing approved strategic plan through 1997. The section provides procedures to facilitate the implementation, upgrade, replacement and maintenance of 9-1-1 services at the highest level possible for the public safety of citizens. Comments generally in support of the new section were submitted by North Central Texas Council of Governments and Texas Association of Regional Councils 9-1-1 Coordinators Association. They concurred on comments submitted. In regard to comments concurred by both parties, they commented that the reporting requirements and the amendment process were not consistent with the Uniforms Grant and Management System. The ACSEC agreed and changed the reporting requirement to a quarterly schedule and changed the budget level where percent changes are to be made. They will be made to the total budget instead of each level budget as originally proposed. They asked for clarification in the language contained in subsection (f) relating to emergency amendments to regional plans that require equalization surcharge. They commented that this did not address the service fee areas. The Commission agreed and changed the language from "equalization surcharge" to "funding." They indicated, and the Commission concurred, that the language under subsection (d)(4) does not offer any additional guidance to amending regional plans, and that subsection (d)(3) satisfies the intent that changes be consistent with all ACSEC policies and procedures. The Commission also approved the deletion of duplicative language found within the rule as published in the August 5, 1994, issue of the Texas Register. The new section is adopted under the Health and Safety Code, Chapter 771, Subchapters C and D; and, the Texas Administrative Code, Part XII, Chapter 251, Regional Plans and Standards. sec.251.6. Guidelines for Strategic Plans, Amendments, and Equalization Surcharge Allocation. (a) Policy and Procedures. As authorized by the Texas Health and Safety Code, Chapter 771, The Advisory Commission on State Emergency Communications (ACSEC) may impose 9-1-1 emergency service fees and equalization surcharges to support the planning, development, and provision of 9-1-1 service throughout the State of Texas. In accordance with sec.771.055, such service implementation shall be consistent with regional plans developed by regional planning commissions. These regional plans must meet standards established by the ACSEC and include a description of how money allocated to the region under this chapter is to be allocated in the region. Section 771.057 addresses amendments to regional plans and indicates that such amendments may be adopted in accordance with procedure established by the ACSEC. (b) Strategic Plan Levels. Regional plans developed in accordance with Chapter 771, along with the commensurate allocation of the described funds shall reflect implementation consistent with the following three major strategic plan levels (in order of priority): (1) Level I: 9-1-1 service generally associated with Automatic Number Identification (ANI), to include the following components and associated costs: (A) Central office modification; (B) 9-1-1 trunks; (C) Alternative networks; (D) Public Safety Answering Point (PSAP) equipment room preparation; (E) PSAP/ANI displays, etc.; (F) Telephone equipment; (G) Language line; (H) Maintenance and repair of customer premises equipment (CPE); and (I) Capital recovery of the above equipment. (2) Level II: 9-1-1 service generally associated with Selective Routing (SR) and Automatic Location Identification (ALI), to include the following components and associated costs: (A) Master Street Assignment Guide (MSAG); (B) SR/ALI/PSAP room preparation; (C) Data links; (D) ALI displays, etc.; (E) Maintenance and repair of CPE; (F) Addressing; and (G) Capital recovery of the above equipment (3) Level III: Other 9-1-1 equipment, services and enhancements to same, to include, but not limited to the following components and associated costs: (A) Network improvements like additional trunk diversity, other redundancy, and cellular access; (B) Other enhancements like emergency power, recorders, pagers, detectors/diverters, external ringers; (C) Maintenance and repair of the above equipment; and (D) Other. (c) Strategic Plans. Regional plans developed in compliance with Chapter 771 shall include a strategic plan that projects regional 9-1-1 service costs, and service fee and other non-equalization surcharge revenues at least three years into the future, beginning September 1, 1994. Within the context of sec.771.056(d), the ACSEC shall consider any revenue insufficiencies to represent need for equalization surcharge funding support. (1) ACSEC may establish the format of strategic plans for the sake of identifying overall statewide requirements in its implementation. (2) Strategic plans shall be reviewed and amended, as necessary, six months following initial adoption and approval by the ACSEC, or no later than March 1, 1995. Following that initial review, said plans shall be reviewed and amended, as appropriate, on an annual basis beginning September 1, 1995. (3) Each annual review and update of strategic plans shall reflect a reconciliation of all actual implementation costs by component incurred for the year involved against projected strategic plan costs and revenues. (4) Strategic plans shall be consistent with the three major implementation priority levels identified above and all applicable ACSEC policies and rules. (5) A regional planning commission shall submit financial and performance reports at least quarterly on a schedule to be established by ACSEC. The financial report shall identify actual implementation costs by county, strategic plan priority level and component. The performance report shall reflect the progress of implementing the region's strategic plan. (d) Amendments to Regional Plans. (1) A regional planning commission may make changes to its approved regional plan to accommodate unanticipated requirements and/or to prevent disruption of its implementation schedule, contingent upon the following: (A) The changes do not require additional equalization surcharge funds; (B) The annual effect of such changes of strategic plan components within strategic plan levels do not exceed (5.0%) of the total strategic plan budget; and (C) The changes are consistent with all ACSEC policies and procedures. (2) Changes made to the regional plan must be reported in writing to the ACSEC within 15 working days of making the change. The documentation required for changes will be an amended budget, narrative, and related worksheets. (3) Emergency situations requiring amendments to regional plans that require additional funding may be presented to the ACSEC for review and consideration contingent upon the availability of such funds. (e) Allocation of Equalization Surcharge Funds. (1) Consistent with this rule, the ACSEC shall allocate, by agreement, equalization surcharge funds to regional planning commissions and emergency communication districts based upon statewide strategic plan and district needs coupled with the projected availability of such funds over a three-year period. (2) Equalization surcharge funds shall be allocated first to eligible recipients requiring such funds for administrative budgetary purposes, followed by Level I, II, and III activities in that order. (3) If sufficient equalization surcharge funds are not available to fund all regional planning commission strategic plan and district requests, funds shall be allocated to provide a consistent level of 9-1-1 service throughout the State of Texas in accordance with the priority levels described. Such allocation may include but are not limited to one or more of the following: (A) In reverse order of priority, reducing the number of priority level components supported with equalization surcharge funds; (B) Requesting that appropriate strategic plans to be adjusted to allow for more implementation time; and/or (C) In order of priority, proportionally allocating available funds among requesting agencies. (4) The ACSEC may elect to hold a balance of equalization surcharge funds in reserve for emergencies and other contingencies. (f) Funding Parameters. The Commission will look favorably on plan amendments for ancillary equipment that will improve the effectiveness and reliability of 9-1-1 call delivery systems. This will include the following when the equipment is for 9-1-1 call delivery: surge protection devices, uninterrupted power source (UPS), power backup, voice recorders, paging systems for 9-1-1 call delivery, security devices, and other back-up communication services. (1) Paging Systems. Funding for paging systems may be approved when such systems are the most effective means of 9-1-1 call delivery and they do not replace other paging or radio alerting systems. Funding for paging will be limited to systems, where alternative systems or the systems now in use cause significant delay in 9-1-1 call delivery and where existing radio systems can be modified to accommodate paging. Funding for pagers (receivers) will be limited to only those necessary to alert the core responders within an organization (e.g., in a 15-member volunteer emergency medical group, only the on-call ambulance driver and one or two attendants would be furnished pagers). (2) Voice Recording Equipment. Voice Loggers may be approved when the primary use of the equipment is in support of the 9-1-1 call-taking and call-delivery function. Extra capacity on such systems may be used for other public safety functions (such as dispatch), however, 9-1-1 funding will not be authorized for systems whose capacity clearly exceed actual or anticipated 9-1-1 requirements. Shared funding of larger systems to accommodate both a 9-1-1 PSAP and a PSAP operating agency's other needs will be considered. Other considerations include: (A) The Commission will normally fund voice recording capability in a PSAP to record the conversation on each answering position used to answer emergency calls on a regular basis. (This means one recording channel per answering position instead of one channel per incoming line.) (B) The Commission will also fund recording capability to record the transfer of an emergency call from the PSAP first answering the call to the agency that is responsible for providing the required emergency services. This re- cording capability will be limited to the minimum amount required to record the transfer of the caller and relaying of information to the service provider. (C) The Commission will fund the purchase of voice recorders, as justified, to record 9-1-1 call delivery. Call volumes requiring recording in excess of 90 minutes per day will normally be required to justify larger systems. (D) The funding of built-in cassette recorders to transfer information from another recorder will be approved only upon specific justification of need. (E) Funding for search capability for recorders will be limited to the ability to locate an event by date and time. (F) The Commission will not normally fund the purchase of both voice logging recorders and instant playback recorders in the same location. (G) When the operator of a 9-1-1 PSAP and the providers of emergency services desire to use the same recording equipment funded by Regional Plan, the following guidelines will apply to determine the amount to be funded by the Commission. (i) When the minimum size of recorder that can be purchased to serve the PSAP provides more channels than are needed by the PSAP to record the delivery of 9- 1-1 calls, the other agency may use the extra channels and all funding will be provided by the Commission. (ii) When the PSAP requires a given size of recording equipment, and the other agency requires additional channels, the Commission will fund the size of recording equipment needed to record the delivery of 9-1-1 calls, and the other agency will fund all additional equipment. (iii) When the recording requirements of the other agency requires additional features or capabilities than would be required by the PSAP alone, the Commission will fund the equivalent amount of the system needed to serve the PSAP alone. For instance, if the PSAP could use a cassette recorder system to record the delivery of 9-1-1 calls, but another agency needs to record a radio channel that requires the capacity of a reel-to-reel recorder, the Commission will fund the equivalent cost of the cassette system. (H) To assist the Commission in reviewing and approving requests for funding for voice recording devices for 9-1-1 call delivery, requests for funding should include a worksheet, provided by the Commission, for each PSAP location. (I) In reviewing requests for recording systems, the Commission will award funding, when justified, for the actual costs of basic recording systems not to exceed $6,000 on 4-channel or equivalent systems, and not to exceed $10,000 on up to 10-channel or equivalent recording systems. Requests for any other recording systems will require separate approval by the Commission. (J) The Commission will consider funding of recording capabilities greater than those suggested by the guidelines when sufficient justification is provided as part of a Regional Plan. (g) Emergency Power Equipment. Each PSAP location should be evaluated to determine if an emergency power system is required to insure the ability to answer 9-1-1 calls. A PSAP that receives a relatively small number of emergency calls per day may be able to provide acceptable service without the availability of ANI or ALI for short periods of time. If the same PSAP is located in a location that is subject to prolonged power outages, it may need emergency power sources. Other considerations include. (1) Where conditions exist that indicate a need for emergency power systems to support 9-1-1 call delivery, UPS should be considered as the emergency power system. Emergency generators (backup power) should be approved only in locations with a history, or potential, for extended interruptions of commercial power supplies. Generally, 9-1-1 funding will not be used to provide both emergency power and UPS. At least 75% of the capacity of any UPS system funded should directly support an existing (or planned) 9-1-1 system. (2) Each request for UPS must include a worksheet showing the calculations used to determine the system size and batteries required. This worksheet must identify all equipment to be powered and the operating voltage and current drain of each piece of equipment. The request for UPS must identify the load capacity of the system requested and the length of time the batteries will operate the PSAP 9-1-1 equipment. (3) The length of time that an UPS battery will be required to provide emergency power is a major factor in determining the cost of the UPS system. Each request for UPS must provide information justifying the size of the batteries requested. Information concerning the history of power failures at the PSAP location and the average time to restore power should be obtained from the local power company. (4) If the history of power failures, or the expected restoral time, is more than can be economically justified for UPS batteries, backup power can be considered. Any request for an emergency generator in addition to an UPS shall include a comparison of the cost of an UPS system with sufficient batteries to the cost of the combination of UPS and backup power. (5) There may be circumstances that justify the installation of an emergency generator (backup power) in addition to an UPS as the primary system for a PSAP location. In these cases, the request for emergency power must include an explanation and comparison of the relevant costs. (6) When the operator of a 9-1-1 PSAP and the providers of emergency services desire to share the emergency power system funded by the Commission, the following guidelines will apply to determine the amount to be funded by the Commission: (A) When the minimum size of emergency power system that can be purchased to serve the PSAP provides more capacity than is needed by the PSAP, the other agency may use the extra capacity and all funding will be provided by the Commission. (B) When the PSAP requires a given size of emergency power system, and the other agency requires additional capacity, the Commission will fund the size of emergency power equipment needed to supply the PSAP alone and the other agency will fund all additional capacity. (7) Funding may be approved for surge protection devices when they are used for protection of 9-1-1 specific electronic equipment. (h) Definitions. The following words and terms when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1) 9-1-1 Call Delivery-Delivery of a 9-1-1 call to the agency responsible for providing the emergency service required. (2) 9-1-1 Funds-Funds assessed and disbursed in accordance with the Texas Health and Safety Code, Chapter 771. (3) Emergency Communications District-A public agency or group of public agencies acting jointly that provided 9-1-1 service before September 1, 1987, or that had voted or contracted before that date to provide that service; or a district created under Health and Safety Code, Chapter 772, Subchapter B, C, or D, Chapter 772. (4) Paging Systems-A radio system capable of transmitting tone, digital, and/or voice signals to small receiving devices designed to be carried by an individual. (5) Power Backup-Power provided by a generator in the event regular utility services are interrupted. (6) Recorders-Devices that capture and retain sound, including, but not limited to the following: (A) Voice Loggers. A device that records sound on a permanent source for later review. (b) Instant Recall Recorder. A device that records and temporarily stores calls for immediate review. (7) Regional Plan-Each regional planning commission shall develop and plan for the establishment and operation of 9-1-1 service throughout the region that the regional planning commission serves. The service must meet the standards established by the ACSEC. (8) Regional Planning Commission-A commission established under Local Government Code, Chapter 391, also referred to as a regional council of governments (COG), or simply, a regional council. (9) Security Devices-Devices whose use is specific to the protection of 9-1-1 systems from intentional damage. (10) Strategic Plan-As part of a regional plan, a document identifying 9-1-1 equipment and related activity, by strategic plan component, required to support planned levels of 9-1-1 service within a defined area of the state. The strategic plan normally covers at least a three year planning period, and specifically projects 9-1-1 implementation costs and revenues associated with the above including equalization surcharge requirements. (A) Strategic Plan Component. Within a 9-1-1 implementation priority level, a category of 9-1-1 activity and/or equipment generally associated with 9-1-1 implementation cost. (B) Strategic Plan Level. An ACSEC established state wide implementation priority generally associated with a level of 9-1-1 service-e.g., Automatic Number Identification, ANI. (11) Surge Protection Devices-Devices designed to protect sensitive electronic equipment by preventing excessive electrical power from reaching and damaging such equipment. (12) Uninterrupted Power Source UPS-Equipment that is designed to provide a constant power source for electronic systems. Capable of operating independently, for a designated period of time, should public or emergency electrical power sources fail. 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 November 15, 1994. TRD-9450953 Mary A. Boyd Executive Director Advisory Council on State Emergency Communications Effective date: December 6, 1994 Proposal publication date: August 5, 1994 For further information, please call: (512) 305-6911 TITLE 4. AGRICULTURE Part II. Texas Animal Health Commission Chapter 35. Brucellosis Subchapter A. Eradication of Brucellosis in Cattle 4 TAC sec.35.6 The Texas Animal Health Commission adopt an amendment to sec.35.6, concerning payment of indemnity for brucellosis-exposed cattle, without changes to the proposed text as published in the October 4, 1994, issue of the Texas Register (19 TexReg 7868). The amendment is necessary to encourage more owners of brucellosis infected herds of cattle to select the depopulation option by offering to add state indemnity funds to those paid by the USDA when depopulation is accomplished within 45 days of offer. No comments were received regarding adoption of the amendment. The Commission adopts the proposal without changes to allow Texas Animal Health Commission to pay $100 per head for not more than 100 negative exposed, test-eligible females, and not more than five negative exposed, test-eligible males in addition to the indemnity paid by USDA. The amendment is adopted under the Texas Agriculture Code, which provides the Texas Animal Health Commission with the authority to promulgate rules regarding indemnity payments to owners for brucellosis-exposed cattle. The amendment implements the Texas Agriculture Code, sec.163.068. 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 November 14, 1994. TRD-9450926 Terry Beals, DVM Executive Director Texas Animal Health Commission Effective date: December 5, 1994 Proposal publication date: October 4, 1994 For further information, please call: (512) 719-0714 TITLE 16. ECONOMIC REGULATION Part IV. Texas Department of Licensing and Regulation Chapter 70. Industrialized Housing and Buildings 16 TAC sec.70.10, sec.70.100 The Texas Department of Licensing and Regulation adopts amendments to sec.70.10 and sec.70.100, concerning Mandatory State Codes. Section 70.10 is adopted with changes to the proposed text as published in the September 30, 1994, issue of the Texas Register (19 TexReg 7748). Section 70.100 is adopted without changes and will not be republished. The amendments are adopted to comply with Federal requirements in the Energy Policy Act of 1992. In sec.70.10 the definition of ICBO was changed to delete the word "South" in the street address. No comments were received regarding adoption of the amendments, however, one comment was received concerning the adopted codes. Texas Industrialized Housing and Buildings Act, Article 5221f-1, sec.2, specifies the building codes that the structures must be constructed to meet or exceed. The amendments are adopted under Texas Civil Statutes, Article 5221f-1, which provide the Texas Department of Licensing and Regulation with the authority to promulgate and enforce a code of rules and take all action necessary to assure compliance with the intent and purposes of the Act. sec.70.10. Definitions. (a) The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Act-Texas Civil Statutes, Article 5221f-1. (2) ASHRAE-American Society of Heating, Refrigeration and Air Conditioning Engineers, 1791 Tullie Circle, N.E., Atlanta, GA 30329. (3) Building site-A lot, the entire tract, subdivision, or parcel of land on which industrialized housing or buildings are sited. (4) Building system-The design and/or method of assembly of modules or modular components represented in the plans, specifications, and other documentation which may include structural, electrical, mechanical, plumbing, fire protection, and other systems affecting health and safety. (5) CABO-Council of American Building Officials composed of ICBO, SBCCI, and Building Officials and Code Administrators International, Inc. (BOCA), 5203 Leesburg Pike, Suite 708, Falls Church, VA 22041. (6) Closed construction-That condition where any industrialized housing or building, modular component, or portion thereof is manufactured in such a manner that all portions cannot be readily inspected at the site without disassembly or destruction thereof. (7) Commercial structure-An industrialized building classified by the applicable model code for occupancy and use groups other than residential for one or more families. (8) Commissioner's designee-A person appointed by the commissioner to act in a capacity of authority. (9) Compliance Control Program-The manufacturer's system, documentation, and methods of assuring that industrialized housing, buildings, and modular components, including their manufacture, storage, handling, and transportation conform with the Act and this chapter. (10) Component-A sub-assembly, subsystem, or combination of elements for use as a part of a building system or part of a modular component that is not structurally independent, but may be part of structural, plumbing, mechanical, electrical, fire protection, or other systems affecting life safety. (11) Decal-The approved form of certification issued by the department to the manufacturer to be permanently affixed to the module indicating that it has been constructed to meet or exceed the code requirements and in compliance with these sections. (12) Design package-The aggregate of all plans, designs, specifications, and documentation required by these sections to be submitted to the design review agency, or required by the design review agency for compliance review, including the compliance control manual and the on-site construction documentation. Unique or site specific foundation drawings and special on-site construction details prepared for specific projects are not a part of the design package except as expressly set forth in sec.70.74 of this title (relating to Alterations and Deviations). (13) Design review agency-An approved organization, private or public, determined by the council to be qualified by reason of facilities, personnel, experience, demonstrated reliability to review designs, plans, specifications, and building systems documentation, and to certify compliance to these sections evidenced by affixing the council's stamp. The Act designates the department as a design review agency. (14) ICBO-International Conference of Building Officials, 5360 Workman Mill Road, Whittier, California 90601. (15) Industrialized builder-A person who is engaged in the assembly, connection, and on-site construction and erection of modules or modular components at the building site or who is engaged in the purchase of industrialized housing or buildings or of modules or modular components from a manufacturer for sale or lease to the public; a subcontractor of an industrialized builder is not a builder for purposes of these sections. (16) Insignia-The approved form of certification issued by the department to the manufacturer to be permanently affixed to the modular component indicating that it has been constructed to meet or exceed the code requirements and in compliance with the sections in this chapter. (17) Installation-On-site construction (see paragraph (32) of this section). (18) Lease, or offer to lease-A contract or other instrument by which a person grants to another the right to possess and use for a specified period of time in exchange for payment of a stipulated price. (19) Local building official-The agency or department of a municipality or other local political subdivision with authority to make inspections and to enforce the laws, ordinances, and regulations applicable to the construction, alteration, or repair of residential and commercial structures. (20) Manufacturer-A person who constructs or assembles modules or modular components at a manufacturing facility which are offered for sale or lease, sold or leased, or otherwise used. (21) Manufacturing facility-The place other than the building site, at which machinery, equipment, and other capital goods are assembled and operated for the purpose of making, fabricating, constructing, forming, or assembly of industrialized housing, buildings, modules, or modular components. (22) Model-A specific design of an industrialized house, building, or modular component which is based on size, room arrangement, method of construction, location, arrangement, or size of plumbing, mechanical, or electrical equipment and systems therein in accordance with an approved design package. (23) Module-A three dimensional section of industrialized housing or buildings, designed and approved to be transported as a single section independent of other sections, to a site for on-site construction with or without other modules or modular components. (24) NFPA-National Fire Protection Association, Batterymarch Park, Quincy, Massachusetts 02269. (25) Nonsite specific building-An industrialized house or building for which the permanent site location is unknown at the time of construction. (26) On-site construction-Preparation of the site, foundation construction, assembly and connection of the modules or modular components, affixing the structure to the permanent foundation, connecting the structures together, completing all site-related construction in accordance with designs, plans, specifications, and on-site construction documentation. (27) Open construction-That condition where any house, building, or portion thereof is constructed in such a manner that all parts or processes of manufacture can be readily inspected at the building site without disassembly, damage to, or destruction thereof. (28) Permanent foundation system-A foundation system for industrialized housing or buildings designed to meet the applicable building code as set forth in sec.70.100 of this title (relating to Mandatory State Codes) and sec.70.102 of this title (relating to Use and Construction of Codes). (29) Person-An individual, partnership, company, corporation, association, or any other legal entity, however organized. (30) Price-The quantity of an item that is exchanged or demanded in the sale or lease for another. (31) Public-The people of the state as a whole to include individuals, companies, corporations, associations or other groups, however organized, and governmental agencies. (32) Registrant-A person who, or which, is registered with the department pursuant to the rules of this chapter as a manufacturer, builder, design review agency, third party inspection agency, or third party inspector. (33) Residential structure-Industrialized housing designed for occupancy and use as a residence by one or more families. (34) Sale, sell, offer to sell, or offer for sale-Includes any contract of sale or other instrument of transfer of ownership of property, or solicitation to offer to sell or otherwise transfer ownership of property for an established price. (35) SBCCI-Southern Building Code Congress International, Inc., 900 Montclair Road, Birmingham, Alabama 35213. (36) Site or building site-A lot, the entire tract, subdivision, or parcel of land on which industrialized housing or buildings are sited. (37) Special conditions and/or limitations-On-site construction documentation which alerts the local building official of items, such as handicapped accessibility or placement of the building on the property, which may need to be verified by the local building official for conformance to the mandatory state codes. (38) Structure-An industrialized house or building which results from the complete assemblage of the modules, modular components, or components designed to be used together to form a completed unit. (39) Third party inspector-An approved person or agency, private or public, determined by the council to be qualified by reason of facilities, personnel, experience, demonstrated reliability, and independence of judgement to inspect industrialized housing, buildings, and portions thereof for compliance with the approved plans, documentation, compliance control program, and applicable code. (b) (No change.) This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on November 15, 1994. TRD-9450966 Jack W. Garison Executive Director Texas Department of Licensing and Regulation Effective date: December 6, 1994 Proposal publication date: September 30, 1994 For further information, please call: (512) 463-7357 TITLE 30. ENVIRONMENTAL QUALITY Part I. Texas Natural Resource Conservation Commission Chapter 115. Control of Air Pollution from Volatile Organic Compounds Subchapter C. Consumer Related Sources Utility Engines 30 TAC sec.115.621, sec.115.625 The Texas Natural Resource Conservation Commission (TNRCC) adopts amendments to sec.115.621, concerning Utility Engines. Section 115.621 is adopted with changes to the proposed text as published in the July 29, 1994, issue of the Texas Register (19 TexReg 5825). Section 115.625 is adopted without changes and will not be republished. The amendments are in response to a petition filed by the Outdoor Power Equipment Institute (OPEI) requesting that TNRCC rescind sec.115.621 and sec.115.625. The OPEI petition followed a lawsuit filed by the same organization. The OPEI claimed the Utility Engine rule was illegal because it was not identical to a similar rule passed by California, as required by the Federal Clean Air Act, sec.209, (FCAA) Amendments of 1990. The OPEI petition also requested that TNRCC consider alternate methods of obtaining reductions in volatile organic compounds (VOC) other than the Utility Engine rule. The reductions claimed under the Utility Engine rule are part of the plan to reduce VOC by 15% in each of the four areas of Texas that do not meet the National Ambient Air Quality Standards (NAAQS) for ozone. The amendment to sec.115.621 adds language that makes the section applicable to small internal combustion engines manufactured after August 1, 1996. The amendment to sec.115.621 also removes a set of emission standards due to take effect in 1999 that are more stringent than those effective in 1996. The more stringent standards have been made unnecessary by pending federal action. The final amendment to sec.115.621 changed the units in which emission standards are expressed to metric. The amendment to sec.115.625 removes language which established January 1, 1996 as the date after which no engine could be sold or leased unless it met emission standards stated in the section. The amendment deletes any specific reference to period of time in which engines failing to meet emission standards may be sold provided they are for emergency use. A public hearing was held in Austin on August 22, 1994. Four commenters submitted testimony during the public comment period which closed on September 2, 1994. The OPEI commented that the Texas Utility Engine rule, as it existed prior to the amendment, prohibited the sale or lease of equipment manufactured prior the effective date of the rule. This would cause equipment manufactured prior to the date to become unmovable inventory after the effective date of the Texas rule. The TNRCC agreed that the language in the original rule could create a backlog of equipment that dealers could neither sell nor lease in Texas. Correcting this situation is a major reason for the amendment. The amended rule language now applies the lower emission standards only to engines manufactured after August 1, 1996. The OPEI submitted a large amount of the testimony on the question of whether or not Texas has supplied two years lead time prior to the enforcement of small engine emission factors as required by the FCAA, sec.209. The OPEI commented that the original rule did not provide two years lead time in that the rule would affect engines already manufactured prior to the effective date of the rule. The OPEI also stated that the existing Texas rule was inconsistent with the California rule and was, therefore, invalid under the FCAA, sec.209. They stated that an invalid rule does not provide proper two-year notification. The validity of the original Texas rule is a question also raised in the December 1993 lawsuit filed by OPEI and will not be discussed in this evaluation. The emission standards that manufacturers will be required to meet are identical to the standards used by California and the federal government. The TNRCC recognizes the importance of using consistent standards nationwide and has not changed the standards that were part of the original rule as promulgated in November 1993 except to remove a more stringent set that was scheduled for implementation in 1999. The TNRCC believes that two years of lead time have been supplied as no changes are being made to standards that manufacturers will be required to meet in 1996. The OPEI stated that Texas cannot disregard the two-year lead time by arguing that reductions in emissions realized from the rule are required to be in State Implementation Plans (SIPs) and creditable for 1996. The OPEI also commented that, since the California rule has not been approved by the United States Environmental Protection Agency (EPA) as required by the FCAA, sec.209 Texas cannot adopt the standards used by California. For reasons stated earlier, TNRCC believes that two years of lead time have been provided to engine manufacturers. The TNRCC will not enforce small engine emission standards until EPA has approved the California program. The question of adopting the California standards was also raised in the OPEI lawsuit. While the lawsuit is not yet resolved, TNRCC believes that the FCAA does not prohibit the adoption of standards. This method allows manufacturers to know exactly which standards their engines will have to meet. The OPEI additionally stated that the federal rule regulating small engines will take effect on August 1, 1996 with substantial reduction credits available, and the Texas rule is not necessary. The EPA has published guidance for the federal small engine rule which recommends that states wishing to take credit for small engine reductions in their SIP's for 1996 retain a state rule for back-up in the event the federal rule is delayed. The TNRCC will follow this advice. Should the federal rule be enacted on time, TNRCC will evaluate the necessity for the state rule. The EPA generally supports the Texas rule and encourages continued cooperation between TNRCC and OPEI to obtain emission credits for cleaner engines now entering the market. The TNRCC will continue trying to expedite the process of obtaining these credits with the cooperation of OPEI. In testimony submitted by OPEI, they state that additional information concerning cleaner engines will be available shortly. The EPA stated that TNRCC should publish the original preamble to the Texas utility engine rule to clarify the certification procedure for engines to be sold in Texas. Texas intends to allow engines certified for sale in California to be sold in Texas also. While the Executive Director of the TNRCC will issue a certification for the engines, the basis of that certification will be testing information associated with California acceptance of a particular engine model. The EPA is not certain whether a modification to the Texas rule negates the original and starts a new industry notification clock. While portions of the utility engine rule are being modified, the actual emission standards are not. They are the same standards as in the original rule, the California rule, and in the pending federal rule. The TNRCC believes that the two-year notification requirement has been met through adoption of the original rule in November 1993, and does not intend for this rule modification to start a new clock. The EPA commented that TNRCC should leave the standards time frame as it is in the original rule so that Texas can obtain credit beyond 1996. The rule, as modified, will obtain sufficient credits in 1996 and beyond to allow Texas to meet the state's SIP requirements. A private individual commented that he was against rescinding the rule and was against removing the language that established January 1, 1996 as a cutoff day for selling or leasing noncomplying equipment. The TNRCC believes it is premature to consider rescinding this rule. The January 1, 1996 cutoff date would have created a great deal of inventoried equipment that could neither be sold nor leased in Texas. The TNRCC believes this would have created an unnecessary economic burden for retailers and has modified the rule for that reason. The same individual supports the promotion of electric alternatives to lawn and garden equipment and was against removing the more stringent 1999 standards. The 1999 standards found in the California rule and the original Texas rule were stringent enough to promote the production of electric equipment, especially in two-cycle engine applications such as lawn mowing. The federal government will promulgate a second tier of standards shortly and Texas will use the federal rule for this second set of standards. The standards adopted by California are technology forcing and do not yet have federal approval. The Southwest Association supported the amendments. For consistency with the federal rule on small engines, TNRCC has changed the units in the emissions table to express limits in grams per kilowatt-hour. The actual mass emission rate is not changed. The amendments are adopted under the Texas Health and Safety Code (Vernon 1992), the Texas Clean Air Act (TCAA), sec.382.017, which provides the TNRCC with the authority to adopt rules consistent with the policy and purposes of the TCAA. sec.115.621. Control Requirements. (a) This section shall be applicable to utility engines produced on or after August 1, 1996. (b) No person shall sell, offer for sale, lease, or offer to lease any utility engine or equipment powered by a utility engine which does not satisfy the following emission standards: Figure 1: 30 TAC sec.115.621(b) (c) The Executive Director shall certify each class of utility engine for sale in Texas based on the following criteria: (1) ability of the engine to meet the emission standards in subsection (a) of this section; and (2) consumer warranty provisions adequate to cover a two-year period from the date of original purchase from the engine or equipment distributor. 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 November 16, 1994. TRD-9450997 Mary Ruth Holder Director, Legal Services Division Texas Natural Resource Conservation Commission Effective date: December 7, 1994 Proposal publication date: July 29, 1994 For further information, please call: (512) 239-1970 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. Texas Department of Human Services Chapter 95. Medication Aides Program Requirements 40 TAC sec.sec.95.101, 95.103, 95.105, 95.107, 95.109, 95.111, 95.113, 95.115, 95.117, 95.119, 95.121, 95.123, 95.125, 95.127 The Texas Department of Human Services (DHS) adopts new sec.sec.95.101, 95. 103, 95.105, 95.107, 95.109, 95.111, 95.113, 95.115, 95.117, 95.119, 95.121, 95.123, 95.125, and 95.127, concerning the administration of medications to nursing facility residents, in new Chapter 95, Medication Aides. The new sections are adopted without changes to the proposed text as published in the September 20, 1994, issue of the Texas Register (19 TexReg 7394). The justification for the new sections is to establish a new rule chapter to provide a foundation for regulating the administration of medications to residents of facilities, which include nursing facilities and correctional institutions. As part of DHS's revision and combining of the nursing facility licensure rules and Medicaid certification rules, the medication aide rules are being moved to this new chapter. Rules for medication aides were formerly Subchapter E of DHS's Chapter 90, Nursing Facilities and Related Institutions. Significant changes have been made in the rules affecting medication aides in the areas of criminal convictions and formal hearings. Greater detail is included in the classifications of convictions which indicate the inability of a person to work as a medication aide. New language is being proposed to allow for the provision of one formal hearing for an alleged act of abuse, neglect, or misappropriation by an individual holding both a permit for medication aide practice and a certificate for nurse aide practice. The new sections will function by providing more appropriate placement of DHS's medication aide rules, providing more specific rule language affecting employment criteria, and providing for more efficient disposition of formal hearings. No comments were received regarding adoption of the new sections. The new sections are adopted under the Health and Safety Code, Chapter 242 which provides the department with the authority to regulate medication aides and under Texas Civil Statutes, Article 4413 (502), historical note (Vernon Supplement 1993), 72nd Legislature, which transferred all functions, programs, and activities related to long-term care licensing, certification, and surveys from the Texas Department of Health to the Texas Department of Human Services. The new sections implement the Health and Safety Code, sec.sec.242.151- 242.161. 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 November 15, 1994. TRD-9450960 Nancy Murphy Section Manager, Media and Policy Services Texas Department of Human Services Effective date: January 1, 1995 Proposal publication date: September 20, 1994 For further information, please call: (512) 450-3765 Part VI. Texas Commission for the Deaf and Hearing Impaired Chapter 183. Board for Evaluation of Interpreters and Interpreter Certification Subchapter B. Board Certification Procedures 40 TAC sec.183.131 The Texas Commission for the Deaf and Hearing Impaired adopts the repeal of sec.183.131, concerning Petition for Regrading, without changes to the proposed text as published in the August 23, 1994, issue of the Texas Register (19 TexReg 6656). This repeal will make more efficient use of the resources of the certification program and adopt program policies standard to other state licensing agencies. This repeal eliminates the petition for regrading of evaluations after a failing grade is received. No comments were received regarding adoption of the repeal. The repeal is adopted under the Human Resources Code, sec.81.006(b)(3), which provides the Texas Commission for the Deaf and Hearing Impaired with the authority to adopt and amend rules for administration and programs. 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 November 14, 1994. TRD-9450962 David W. Myers Executive Director Texas Commission for the Deaf and Hearing Impaired Effective date: December 6, 1994 Proposal publication date: August 23, 1994 For further information, please call: (512) 451-8494 Subchapter E. Fees 40 TAC sec.183.573 The Texas Commission for the Deaf and Hearing Impaired adopts an amendment to sec.183.573, concerning fees, without changes to the proposed text as published in the August 23, 1994, issue of the Texas Register (19 TexReg 6656). This amendment deletes the fee for regrading in paragraph (8). This amendment is adopted in conjunction with the elimination of regrading procedures to make more efficient use of the resources of the certification program and adopt program policies standard to other state licensing agencies. No comments were received regarding adoption of the amendment. The amendment is adopted under the Human Resources Code, sec.81.006(b)(3), which provides the Texas Commission for the Deaf and Hearing Impaired the authority to adopt rules for administration and programs. 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 November 14, 1994. TRD-9450963 David W. Myers Executive Director Texas Commission for the Deaf and Hearing Impaired Effective date: December 6, 1994 Proposal publication date: August 23, 1994 For further information, please call: (512) 451-8494 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 Commissioner of Insurance of the Texas Department of Insurance at a public hearing under Docket Number 2116 held at 9:00 a.m., November 7, 1994 in Room 100 of the Texas Department of Insurance Building, 333 Guadalupe Street in Austin, Texas, adopted amendments proposed by the Texas Automobile Insurance Service Office (TAISO) to the Texas Automobile Rules and Rating Manual (the Manual), Rule 136, and Endorsements 583B and 585. TAISO's petition (Reference Number A- 0494-09) was published in the October 4, 1994, issue of the Texas Register (19 TexReg 7893). The changes to Manual Rule 136 (Motorcycles) segregate the physical damage coverages shown in the rate section of the rule and more clearly designate each paragraph and section by adding the appropriate roman numeral, number or letter. These are editorial changes, which improve the rule's clarity, as well as adding uniformity to this section of the Manual. The changes to Manual Endorsement 585 (redesignated 585A) add a new paragraph to specify that motorhome coverage is provided by the attachment of a miscellaneous type vehicle endorsement to the Personal Auto Policy. Further, the changes add a phrase clarifying that "the exclusions [listed] below are deleted from the Miscellaneous Type Vehicle Endorsement." The language presently contained in Endorsement 585 may have caused confusion by implying that the designated exclusions are to be deleted from the policy rather than from the endorsement. The present numbering sequence of the exclusions contained in Part D to endorsement 583B (redesignated 583C)-Coverage for Damage to Your Auto contains an error in that it inadvertently labels two separate provisions exclusion 11. The 1992 revisions to the Personal Auto Policy include an exclusion 11 relating to coverage for the seizure of an auto. Separate and independent exclusions 11 and 12 were added by Endorsement 583B. The changes to Endorsement 583B eliminate the sequencing error by renumbering exclusions 11 and 12 contained in Part D of endorsement 583B to exclusions 12 and 13 respectively. These editorial changes are needed in order to eliminate the conflict of having two provisions labeled exclusion 11 in Part D relating to coverage for damage to an auto. Further, the changes are needed in order to insure proper interpretation and application of Endorsement 585A, which references and affects exclusions 12 and 13. The amendments as adopted by the Commissioner of Insurance are shown in exhibits on file with the Chief Clerk under Reference Number A-0494-09, which are incorporated by reference into Commissioner's Order Number 94-1209. The Commissioner of Insurance has jurisdiction over this matter pursuant to the Insurance Code, Articles 5.06, 5.96 and 5.98. Consistent with the Texas Insurance Code, Article 5.96(h), the Department will notify all insurers writing automobile insurance of this adoption by letter summarizing the Commissioner's action. IT IS THEREFORE THE ORDER of the Commissioner of Insurance that the Texas Automobile Rules and Rating Manual is amended as described herein, and the amendments are adopted to become effective at 12:01 a.m., February 1, 1995. 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 November 16, 1994. TRD-9451029 D. J. Powers Chief Clerk and General Counsel Texas Department of Insurance Effective date: February 1, 1995 For further information, please call: (512) 463-6328