EMERGENCY RULES An agency may adopt a new or amended section or repeal an existing section on an emergency basis if it determines that such action is necessary for the public health, safety, or welfare of this state. The section may become effective immediately upon filing with the Texas Register, or on a stated date less than 20 days after filing and remaining in effect no more than 120 days. The emergency action is renewable once for no more than 60 additional days. Symbology in amended emergency sections. New language added to an existing section is indicated by the use of bold text. [Brackets] indicate deletion of existing material within a section. TITLE 22. EXAMINING BOARDS Part XXXIV. Texas State Board of Social Worker Examiners Chapter 781. Social Worker Licensure Subchapter A. General Provisions 22 TAC sec.781.101, sec.781.102 The Texas State Board of Social Worker Examiners is renewing the effectiveness of the emergency adoption of new sec.781.101 and sec.781.102, for a 15-day period effective November 28, 1994. The text of new sec.781.101 and sec.781.102 was originally published in the July 15, 1994, issue of the Texas Register (19 TexReg 5413). Issued in Austin, Texas, on November 22, 1994. TRD-9451284 Cathrine Clancy Chairperson Texas State Board of Social Worker Examiners Effective date: November 28, 1994 Expiration date: December 13, 1994 For further information, please call: (512) 458-7236 Application Process 22 TAC sec.sec.781.201-781.208 The Texas State Board of Social Worker Examiners is renewing the effectiveness of the emergency adoption of repealed sec. s781.201-781.208, for a 15-day period effective November 28, 1994. The text of repealed sec.sec.781. 201-781.208 was originally published in the July 15, 1994, issue of the Texas Register (19 TexReg 5414). Issued in Austin, Texas, on November 22, 1994. TRD-9451285 Catherine Clancy Chairperson Texas State Board of Social Worker Examiners Effective date: November 28, 1994 Expiration date: December 13, 1994 For further information, please call: (512) 458-7236 Subchapter B. The Board 22 TAC sec.sec.781.201-781.217 The Texas State Board of Social Worker Examiners is renewing the effectiveness of the emergency adoption of new sec.sec.781.201-781.217, for a 15-day period effective November 28, 1994. The text of new sec.sec.781.201-781.217 was originally published in the July 15, 1994, issue of the Texas Register (19 TexReg 5414). Issued in Austin, Texas, on November 22, 1994. TRD-9451286 Catherine Clancy Chairperson Texas State Board of Social Worker Examiners Effective date: November 28, 1994 Expiration date: December 13, 1994 For further information, please call: (512) 458-7236 Certificate Expiration and Renewal 22 TAC sec.sec.781.301-781.305 The Texas State Board of Social Worker Examiners is renewing the effectiveness of the emergency adoption of repealed sec. s781.301-781.305, for a 15-day period effective November 28, 1994. The text of repealed sec.sec.781. 301-781.305 was originally published in the July 15, 1994, issue of the Texas Register (19 TexReg 5416). Issued in Austin, Texas, on November 22, 1994. TRD-9451287 Catherine Clancy Chairperson Texas State Board of Social Worker Examiners Effective date: November 28, 1994 Expiration date: December 13, 1994 For further information, please call: (512) 458-7236 Subchapter C. Licenses and Licensing Process 22 TAC sec.sec.781.301-781.313, 781.315 The Texas State Board of Social Worker Examiners is renewing the effectiveness of the emergency adoption of new sec.sec.781.301-781.313, and 781. 315, for a 15-day period effective November 28, 1994. The text of new sec.sec.781. 301- 781.313, and 781.315 was originally published in the July 15, 1994, issue of the Texas Register (19 TexReg 5417). Issued in Austin, Texas, on November 22, 1994. TRD-9451288 Catherine Clancy Chairperson Texas State Board of Social Worker Examiners Effective date: November 28, 1994 Expiration date: December 13, 1994 For further information, please call: (512) 458-7236 Administrative Actions 22 TAC sec.sec.781.401-781.410 The Texas State Board of Social Worker Examiners is renewing the effectiveness of the emergency adoption of repealed sec. s781.401-781.410, for a 15-day period effective November 28, 1994. The text of repealed sec.sec.781. 401-781.410 was originally published in the July 15, 1994, issue of the Texas Register (19 TexReg 5420). Issued in Austin, Texas, on November 22, 1994. TRD-9451289 Catherine Clancy Chairperson Texas State Board of Social Worker Examiners Effective date: November 28, 1994 Expiration date: December 13, 1994 For further information, please call: (512) 458-7236 Subchapter E. License Renewal and Continuing Education 22 TAC sec.sec.781.501-781.514 The Texas State Board of Social Worker Examiners is renewing the effectiveness of the emergency adoption of new sec.sec.781.501-781.514, for a 15-day period effective November 28, 1994. The text of new sec.sec.781.501-781.514 was originally published in the July 15, 1994, issue of the Texas Register (19 TexReg 5421). Issued in Austin, Texas, on November 22, 1994. TRD-9451290 Catherine Clancy Chairperson Texas State Board of Social Worker Examiners Effective date: November 28, 1994 Expiration date: December 13, 1994 For further information, please call: (512) 458-7236 Subchapter F. Complaints and Violations 22 TAC sec.sec.781.601-781.608 The Texas State Board of Social Worker Examiners is renewing the effectiveness of the emergency adoption of new sec.sec.781.601-781.608, for a 15-day period effective November 28, 1994. The text of new sec.sec.781.601-781.608 was originally published in the July 15, 1994, issue of the Texas Register (19 TexReg 5424). Issued in Austin, Texas, on November 22, 1994. TRD-9451291 Catherine Clancy Chairperson Texas State Board of Social Worker Examiners Effective date: November 28, 1994 Expiration date: December 13, 1994 For further information, please call: (512) 458-7236 Certification Requirements 22 TAC sec.sec.781.701, 781.102, 781.104-781.106 The Texas State Board of Social Worker Examiners is renewing the effectiveness of the emergency adoption of repealed sec. s781.701, 781.102, 781. 104-781.106, for a 15-day period effective November 28, 1994. The text of repealed sec.sec.781.701, 781.102, 781.104-781.106 was originally published in the July 15, 1994, issue of the Texas Register (19 TexReg 5413). Issued in Austin, Texas, on November 22, 1994. TRD-9451283 Catherine Clancy Chairperson Texas State Board of Social Worker Examiners Effective date: November 28, 1994 Expiration date: December 13, 1994 For further information, please call: (512) 458-7236 Subchapter G. Formal Hearings 22 TAC sec.sec.781.701-781.707 The Texas State Board of Social Worker Examiners is renewing the effectiveness of the emergency adoption of new sec.sec.781.701-781.707, for a 15-day period effective November 28, 1994. The text of new sec.sec.781.701-781.707 was originally published in the July 15, 1994, issue of the Texas Register (19 TexReg 5426). Issued in Austin, Texas, on November 22, 1994. TRD-9451292 Catherine Clancy Chairperson Texas State Board of Social Worker Examiners Effective date: November 28, 1994 Expiration date: December 13, 1994 For further information, please call: (512) 458-7236 TITLE 31. NATURAL RESOURCES AND CONSERVATION Part XVII. Texas Soil and Water Conservation Board Chapter 523. Agricultural and Silvicultural Water Quality Management 31 TAC sec.523.3, sec.523.6 The Texas State Soil and Water Conservation Board adopts on an emergency basis amendments to sec.523.3 and sec.523.6 to correct deficiencies discovered during the first year of operation. The emergency exists because the program is being held inactive until corrections to the program are made. The amendments are adopted on an emergency basis under the Agricultural Code, Title 7, Chapter 201, sec.201.020, which authorizes the State Soil and Water Conservation Board to adopt rules as necessary for the performance of its functions and s201.026, which provides authorization for the Board to establish nonpoint source pollution abatement programs. sec.>>523.3. Water Quality Management Plans. (a) A water quality management plan is a site specific plan for agricultural or silvicultural lands which includes appropriate land treatment practices, production practices, management measures, technologies or combinations thereof which when implemented will
    achieve a level of pollution prevention or abatement determined by the State Board in consultation with the local soil and water conservation district and Texas Natural Resource Conservation Commission to be consistent with state water quality standards. To be certified, a water quality management plan must cover all lands whether contiguous or non- contiguous that constitute an operating unit for agricultural or silvicultural purposes. (b) Process for obtaining a Water Quality Management Plan. (1) Landowners and operators may request the development of a plan or plan modification
      by the local soil and water conservation district. Landowners and operators, following consultation with their soil and water conservation district, will be encouraged and aided in working with the district in the preparation of a plan or plan modification
        based on standards adopted by the State Board to prevent or abate their nonpoint source pollution. (2) The soil and water conservation district will determine the priority of plan development or plan modification
          and subsequently cause the development and approval of the plan or plan modification
            . (3) (No change.) (4) When determined to be consistent with state water quality standards, taking into account the state of existing technology, economic feasibility and water quality needs, the State Board will certify the plan or plan modification. (c)-(d) (No change.) (e) Implementation schedule. (1)-(4) (No change.) (5) The State Board in consultation with the local soil and water conservation districts may withdraw certification of a water quality management plan that is not being implemented in accordance with its schedule. Prior to certification being withdrawn, a landowner will be notified and provided a reasonable period of time to implement the water quality management plan according to the schedule or a modified schedule approved by the soil and water conservation district. (6) The holder of a certified water quality management plan shall notify the local soil and water conservation district in the event he or she deviates from the implementation schedule. (f) (No change.) sec.523.6. Cost-Share Assistance for Soil and Water Conservation Land Improvement Measures. (a) (No change.) (b) Definitions-For the purposes of these rules the following definitions shall apply. (1)-(10) (No change.) (11) Maintenance agreement-A written agreement between the eligible person and the SWCD wherein the eligible person(s)
              [person] agrees, as a condition of the receipt of State cost share funds,
                to implement and
                  maintain all
                    [the applied conservation land improvement] measure(s) in the certified resource management plan consistent with its implementation schedule. The maintenance agreement shall remain in effect for a minimum period of two years after the certified resource management plan is completely implemented for all practices except those cost-shared. The maintenance agreement shall remain in effect on cost-shared practices for the expected life of the practice
                      [for a period of time] as established by the State Board or for a period of two years after the certified resource management plan is completely implemented, whichever period of time is longer
                        [and outlined in the applicable resource management plan]. (12)-(15)(No change.) (16) Resource management plan-A site specific
                          blueprint for implementation of soil and water conservation land improvement measures. It [also] includes a record of the eligible person's
                            decisions made during planning and the resource information needed for implementation and maintenance of the plan that has been reviewed and approved by the SWCD. (17) (No change.) (18) State Board-The Texas State Soil and Water Conservation Board organized pursuant to the provisions of the Agriculture Code of Texas, Chapter 201. [(19) Operating Unit-All the lands owned and/or operated by the applicant as an independent unit within a SWCD.] (c)-(e) (No change.) (f) Cost-Share Assistance Processing Procedures. (1)-(4) (No change.) (5) Maintenance Agreement. As a condition for receipt of cost-share assistance, the person(s)
                              [person] receiving the assistance shall agree to implement and
                                maintain all
                                  [approved] measures in the certified resource management plan consistent with its implementation schedule. The maintenance agreement shall remain in effect
                                    for a minimum period of two years after the certified resource management plan is completely implemented for all practices except those cost-shared. The maintenance agreement shall remain in effect on cost-shared practices for
                                      the expected life of the cost-shared practice(s)
                                        [each measure] as established by the State Board or for a period of two years after the certified resource management plan is completely implemented, whichever period of time is longer
                                          [and outlined in the applicable resource management plan] . Completion of the maintenance agreement and signature of the eligible person is required prior to payment. (6)-(10) (No change.) (g) Maintenance of Practices. (1)-(4) (No change.) (5) In cases of hardship, death of the participant, or at the time of transfer of ownership of land where a conservation land treatment measure(s) has been applied using cost-share assistance and the expected life assigned the practice has not expired, the participant, heir(s), or buyer(s) respectively, must agree to maintain the practice(s) or the participant, heir(s) or the buyer by agreement with seller must refund all or a portion of the cost-share funds received for the practice as determined by the SWCD. The State Board on a case by case basis in consultation with the soil and water conservation district
                                            may grant a waiver to this requirement. (h)-(i) (No change.) Issued in Temple, Texas, on November 23, 1994. TRD-9451440 Robert G. Buckley Executive Director Texas State Soil and Water Conservation Board Effective date: November 28, 1994 Expiration date: March 28, 1995 For further information, please call: (817) 773-2250 TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part III. Texas Youth Commission Chapter 85. Admission and Placement Placement Planning 37 TAC sec.85.23 The Texas Youth Commission (TYC) adopts on an emergency basis an amendment to sec.85.23, concerning classification. This section is published as an emergency amendment in order to allow reclassification of delinquent youth committed to TYC to violent offender status when they assault TYC employees, TYC contract program employees, or volunteers with TYC programs. This change will assist in controlling continued assaults on employees and volunteers. The amendment is adopted on an emergency basis under the Human Resources Code, sec.61.075, which provides the Texas Youth Commission authority to order the child's confinement under conditions it believes best designed for the child's welfare and the interests of the public. sec.85.23. Admission and Placement. (a)-(b) (No change.) (c) Rules. (1) Classifications. (A)-(B) (No change.) (C) Type B-Violent Offender. A type B violent offender is a youth whose classifying offense is the commission, attempted commission, aiding the commission, conspiracy to commit, or solicitation of one of the offenses listed in this paragraph and who has not been sentenced to commitment in TYC. TYC adopts the Texas Penal Code definition (Titles 5 and 7) for each offense in clauses (i)-(xvii) of this subparagraph in its entirety except where TYC policy limits the applicability to specific subsections or under the conditions named. (i)-(xvii) (No change.) (xviii) intentionally, knowingly, or recklessly causing bodily injury to a TYC: [staff member if the assault:] (I) employee;
                                              [is incident to and in furtherance of an escape; or] (II) contract program employee; or
                                                [involves the use of a deadly weapon; or] (III) volunteer.
                                                  [causes serious bodily injury; or] [(IV) appears from evidence to have been the result of planning; or] [(V) appears from evidence to have been the result of concerted action by more than one youth; or] [(VI) is deliberate, unprovoked, and causes bodily injury requiring medical attention.] (D)-(H) (No change.) (2)-(3) (No change.) Issued in Austin, Texas, on November 23, 1994. TRD-9451323 Steve Robinson Executive Director Texas Youth Commission Effective date: November 23, 1994 Expiration date: March 23, 1995 For further information, please call: (512) 483-5244