ADOPTED RULES An agency may take final action on a section 30 days after a proposal has been published in the Texas Register. The section becomes effective 20 days after the agency files the correct document with the Texas Register, unless a later date is specified or unless a federal statute or regulation requires implementation of the action on shorter notice. If an agency adopts the section without any changes to the proposed text, only the preamble of the notice and statement of legal authority will be published. If an agency adopts the section with changes to the proposed text, the proposal will be republished with the changes. TITLE 4. AGRICULTURE Part I. Texas Department of Agriculture Chapter 5. Quarantines Citrus Seed, Citrus Budwood, and Citrus Nursery Stock Quarantine 4 TAC sec.5.154 The Texas Department of Agriculture (the department) adopts an amendment to sec.5.154, concerning shipment of Florida miniature citrus house plants, without changes to the proposed text as published in the August 19, 1994, issue of the Texas Register (19 TexReg 6502). The amendment is adopted in order to enhance protection of the state's industry from the introduction of the citrus leafminer into Texas by requiring the plants to be inspected and certified free of the citrus leafminer, Phyllocnistis citrella Stainton, before entry into the state. Currently, miniature citrus house plants from Florida may enter the state of Texas under conditions specified by the department. The amendment as adopted will require inspection and certification of miniature citrus house plants in order to assure that only citrus leafminer-free citrus plants are allowed into this state. No comments were received regarding the adoption of the amendment. The amendment is adopted under the Texas Agriculture Code, sec.71.007, which provides the Texas Department of Agriculture with the authority to adopt rules necessary for the protection of agricultural and horticultural interests. 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 29, 1994. TRD-9451597 Dolores Alvarado Hibbs Chief Administrative Law Judge Texas Department of Agriculture Effective date: December 20, 1994 Proposal publication date: August 19, 1994 For further information, please call: (512) 463-7583 TITLE 16. ECONOMIC REGULATION Part III. Texas Alcoholic Beverage Commission Chapter 45. Marketing Practices Subchapter D. Advertising and Promotion-All Beverages 16 TAC sec.45.103 The Texas Alcoholic Beverage Commission adopts an amendment to sec.45.103, relating to regulations regarding "happy hour" promotions at licensed premises that sell alcoholic beverages for on-premise consumption, with changes to the proposed text as published in the July 29, 1994, issue of the Texas Register (19 TexReg 5818). The agency was petitioned by Mothers Against Drunk Driving (MADD) to promulgate a rule to ban "happy hour" promotions all together. Testimony was received from the Texas Restaurant Association, as well as several bar and restaurant owners, that the proposal to fix their prices for a week would interfere with free enterprise and with their ability to compete. The immediate problem identified were certain objectionable practices most notably where bars held "any change promotions," "nickel beer nights," or "penny drink" promotions. In all of these, bars would charge a cover or door charge and then run their promotion for a period of time. The amended rule will prohibit any promotion that has a door charge in conjunction with discounted drinks or any other promotion which would encourage customers to drink to excess. While MADD was not completely satisfied with anything less than their original proposal to ban "happy hour" promotions, they concluded that this would be a step in the right direction to limit abusive practices. The agency adopted the amended rule in an effort to close loopholes in the prohibited practices involving "happy hour" promotions in an effort to slow down rapid consumption of alcoholic beverages and the over-consumption of alcoholic beverages leading to intoxication on licensed premises. This amendment should assist in lowering the number of intoxicated persons in bars and restaurants who are coming to obtain cheap drinks during "happy hour" periods. Those groups appearing in favor of the rule were Mothers Against Drunk Driving, the Texas Restaurant Association, and several individual bar and restaurant owners. No groups appeared in opposition to the rule, as amended, other than Mothers Against Drunk Driving who stated that they preferred the original proposal without amendments. sec.45.103. Regulations of "Happy Hour." (a) As used herein, the following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1) Happy hour-Any promotional scheme for the sale of alcoholic beverages for sale at a reduced price or prices. (2) Permittee or licensee-A holder of a permit or license issued by the commission, which allows on-premise consumption of alcoholic beverages, and includes any agent, servant, or employee of either a permittee or a licensee. (b) No "happy hour" promotion may be offered or advertised after 11:00 p.m. on any day of the week. (c) Except as provided in subsection (d) of this section, the following rules shall apply. (1) No permittee or licensee shall sell or serve, offer to sell or serve two or more open containers of alcoholic beverages for the price of one such container of alcoholic beverages, or for the price of any number of containers of alcoholic beverages less than the number offered, sold or served. (2) Except as specifically authorized by this rule, no permittee or licensee shall serve more than one alcoholic beverage in a business day at no charge to any general segment of the population; provided, however, it shall not be construed as preventing the permittee or licensee from giving, without prior advertising, an alcoholic beverage to individual customers celebrating their weddings, birthdays, anniversaries or similar events in a situation where the providing of an alcoholic beverage at no charge would be in conformity with normal business practices. (3) No permittee or licensee shall sell or offer to sell any alcoholic beverages at a price fixed on an "all you can drink" basis. (4) No permittee or licensee shall sponsor, join in the sponsorship of or allow any person on the licensed premises to sponsor, conduct, or participate in any game or contest to be determined on the basis of the number of servings of an alcoholic beverage or beverages consumed or where alcoholic beverages or reduced-priced alcoholic beverages are awarded as prizes. (5) No permittee or licensee shall increase the volume of alcohol contained in a drink without increasing proportionally the price regularly charged for the same type of drink, including beer and wine. (6) No permittee or licensee shall assess an entry fee, door charge, cover charge, or buy-in related to the reduced price of an alcoholic beverage. Such assessments shall be presumed to be related to reduced prices on alcoholic beverages if they coincide with the lower drink price promotion unless the reduced price promotion is regularly and uniformly carried on when no assessment is levied. An entry fee, door charge, cover charge or buy-in may not be levied or increased to more than the amount charged prior to the reduced prices of alcoholic beverages. Assessments may still be made for the cost of entertainment, food specials or for any other purpose not connected with reduced alcohol prices and may run concurrently with reduced prices on alcoholic beverages. (7) No permittee or licensee shall deliver more than two drinks to any one person at one time during a period of reduced drink prices. (d) The rules set out in subsection (c) of this section are not to be applied in circumstances where: (1) the permittee or licensee has entered into an agreement under the terms of which all or a portion of the licensed premises are utilized for a private party, a meeting of a particular organization, or an event sponsored by a specifically identified group of individuals; or (2) a caterer's permit is used for a private party, a meeting of a particular organization, or an event sponsored by a specifically identified group of individuals. (e) Nothing in subsection (c) of this section shall be construed to prohibit any permittee or licensee from: (1) offering free or reduced-price food or entertainment at any time, provided the offer is not based on the purchase of an alcoholic beverage; (2) including one alcoholic beverage as part of a meal package; (3) including one alcoholic beverage as part of a hotel/motel package; (4) holding wine tastings with prior approval of the commission; (5) selling or delivering wine by the bottle or carafe; or (6) selling pitchers of beer or other beverages (or the equivalent, including, but not limited to, buckets, carafes, or bottles of alcoholic beverages) which are sold in such manner and delivered to two or more persons at one time. (f) No licensee or permittee shall advertise or promote in any way, within or without the licensed premise, any of the practices prohibited under subsection (c) of this section. (g) Violation of any provision of this section shall be grounds for denial, suspension or cancellation of a license or permit. (h) Some specific practices which shall be considered as violation of this rule are listed below. This list is intended to enumerate some of the most common practices and is neither meant to be exclusive in its content nor to infer that any practice not listed here is legal: (1) sale of two for one; or any multiple drinks for the price of one; (2) "doubles" for the price of singles; (3) ladies nights (where ladies drink free or for a reduced price); (4) one price, all you can drink; (5) covers, door charges, or a buy-in for penny drinks or drinks for "any coin;" (6) promotions in which the purpose is to encourage customers to drink to excess. An example of such promotions are drink prices contingent on the amount of alcohol consumed by an individual. Any of the practices listed in subsection (e) of this section are not promotions in which the specific purpose is to encourage customers to drink to excess. 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 29, 1994. TRD-9451579 Doyne Bailey Administrator Texas Alcoholic Beverage Commission Effective date: December 20, 1994 Proposal publication date: July 29, 1994 For further information, please call: (512) 206-3204 TITLE 22. EXAMINING BOARDS Part IX. Texas State Board of Medical Examiners Chapter 183. Acupuncturists 22 TAC sec.183.2, sec.183.3 The Texas State board of Medical Examiners adopts amendments to sec.183.2 and sec.183.3, without changes to the proposed text as published in the October 4, 1994, issue of the Texas Register (19 TexReg 7870). The section as adopted will eliminate those schools of acupuncture which do not meet the standards set by the National Accreditation Commission for Schools and Colleges of Acupuncture and Oriental Medicine (NACSCAOM); and will give direction to the members of the Education Committee. The section as adopted will function by further defining what criteria constitutes an acceptable acupuncture school, as well as defining the responsibilities of the Education Committee of the Texas State Board of Acupuncture Examiners. No comment were received regarding the adoption of the amendments. The amendments are adopted under Texas Civil Statutes, Article 4495b, which provide the Texas State Board of Medical Examiners with the authority to make rules, regulations and bylaws not inconsistent with this act as may be necessary for the governing of its own proceedings, the performance of its duties, the regulation of the practice of medicine in this state, and the enforcement of this act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on November 29, 1994. TRD-9451602 Bruce A. Levy, M.D., J.D. Executive Director Texas State Board of Medical Examiners Effective date: December 20, 1994 Proposal publication date: October 4, 1994 For further information, please call: (512) 834-7728 Chapter 187. Procedure Subchapter D. Posthearing 22 TAC sec.187.40 The Texas State Board of Medical Examiners adopts an amendments to sec.187. 40, without changes to the proposed text as published in the October 4, 1994, issue of the Texas Register (19 TexReg 7871). The section as adopted will create a more orderly system of the meetings of the Disciplinary Panel. The section as adopted will function by specifying who may convene a meeting of the Disciplinary Panel. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 4495b, which provide the Texas State Board of Medical Examiners with the authority to make rules, regulations and bylaws not inconsistent with this act as may be necessary for the governing of its own proceedings, the performance of its duties, the regulation of the practice of medicine in this state, and the enforcement of this act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on November 29, 1994. TRD-9451601 Bruce A. Levy, M.D., J.D. Executive Director Texas State Board of Medical Examiners Effective date: December 20, 1994 Proposal publication date: October 4, 1994 For further information, please call: (512) 834-7728 TITLE 25. HEALTH SERVICES Part I. Texas Department of Health Chapter 1. Texas Board of Health The Texas Department of Health (Department) adopts amendments to sec.sec.1. 131, 1.132, 1.136, and 1.137; the repeal of sec.sec.1.133, 1.134, and 1.135; and new sec.sec.1.133-1.135, concerning definition, treatment and disposition of special waste from health care-related facilities (SWFHCRF). Sections 1.131-1. 137 are adopted with changes to the proposed text as published in the July 8, 1994, issue of the Texas Register (19 TexReg 5305). A correction of error notice for the proposal was published in the August 23, 1994, issue of the Texas Register . The repealed sections are adopted as proposed. The amendments and new sections include minimal changes to the definitions of some waste categories; adding some new definitions significant to the waste approval process; deleting some of the outdated terminology; and rewording definitions relating to cemeteries and handling of bodies to make them more applicable to medical waste rules. In addition, there are references to current solid waste rules now administered through the Texas Natural Resource Conservation Commission (TNRCC) to more accurately reflect the split in regulatory activities between the department and the TNRCC. The most significant revision to the rules is the provision for systematic procedures to review and approve alternative treatment technologies for treatment of medical waste and the establishment of related fees. A summary of comments received and the department's responses for the proposed medical waste rules are as follows. Comment: Concerning sec.1.132, several commenters suggested that the department adopt Centers for Disease Control's (CDC) definition of high-level disinfection, using the current definition of "microbial inactivation" but incorporate a requirement for 6 log [sub]10 inactivation of spores. Response: The department disagrees. "High-level disinfection" is most indicative of a patient-care environment where the intended result of disinfection efforts is to preclude infection of a patient via non-intact skin or mucosal membranes. Treated waste going to a landfill does not require "sterilization," i.e., a 6 log [sub]10 reduction of spores, to meet the intended microbial reduction called for by the proposed rules. High-level disinfection for waste treatment purposes, especially in the area of chemical disinfection, is difficult to measure with accuracy. To demand that chemical disinfection meet the criteria for high-level disinfection would, in effect, force a previously approved technology (process) to adhere to performance standards. Comment: Concerning sec.1.132, two commenters requested revisions of definition "chemical disinfection" to remove phrases "the surface of" and "but not necessarily their endospores"; insert requirement that chemical disinfection, as well as other treatment systems, meet the CDC definition of "high-level disinfection." Response: The department disagrees. High-level disinfection for waste treatment purposes, especially in the area of chemical disinfection, is difficult to measure with accuracy. To demand that chemical disinfection meet the criteria for high-level disinfection would, in effect, force a previously approved technology (process) to adhere to performance standards. Chemical disinfection is best utilized for surface treatments, a fact that has been well established in infection control. Chemical germicides conceivably and presumably are able to disinfect the interiors of porous materials, but historically the focus of concern has been on surfaces. Surfaces can be created in items by exposing the interior to the outside with shredding or grinding. The use of the phrase "... but not necessarily their endospores" allows for variability in choice of chemical germicide. Not all chemical germicides will inactivate spores, but they achieve the intended purpose of reducing the waste item's potential to serve as an infectious source material simply because the microbial load has been reduced via treatment. Comment: Concerning sec.1.132, two commenters requested clarification of the word "bulk" in the definition of "Bulk blood, blood products, and body fluids. " Does "bulk" refer to body fluids also? Response: The department agrees and has reworded the phrase, placing the adjective "bulk" before blood products and body fluids. Comment: Concerning sec.1.136(a)(2) and (4)(A)(iv), one commenter suggested revision as follows, "Bulk blood, blood products, and body fluids. Bulk blood, blood products, and body fluids shall be subjected to one of the following methods of treatment and disposal:....; " and "bulk blood, blood products, and body fluids removed during surgery, labor and delivery, autopsy, embalming or biopsy." Response: The department disagrees; however, the word "human" was added to the term leading to the definition of "bulk blood" and "body fluids," which reconciles the term with its appearance in sec.1.136(a)(2) and (4)(A)(iv). The purpose is to emphasize that the definition pertains to one of the five major categories of SWFHCRF, as opposed to the bulk blood and body fluids from animals, which is a subcategory of animal waste. Comment: Concerning sec.1.132, several commenters stated that the definitions for "steam sterilization" and "sterilization" are contradictory and allow "disinfection" for a "sterilization" technology. They further suggested revising the term "steam sterilization" to "steam disinfection." Response: The department agrees. From a historical perspective, steam sterilization is an acceptable term for the process of treating items by steam under pressure. The following additional text is added to sec.1.131 to help alleviate the confusion: "Although these sections provide for the methods of treatment of SWFHCRF, they do not require sterilization of the waste as a measure of adequate treatment." Further, the definition for sterilization will be deleted and the term "steam sterilization" will be changed to "steam disinfection" in the definitions as well as throughout the text of the rules. The treatment process identified in current rules as "steam sterilization" and allowed by the department for the treatment of SWFHCRF will continue to be allowed in these amendments under the term "steam disinfection." This is a change in terms only and the treatment process previously called "steam sterilization" will be referred to as "steam disinfection" in sections allowing waste treatment technologies previously approved by the department. Comment: Concerning sec.1.132, one commenter suggested that the definition of "body fluids" be revised so that no distinction is made between body fluids containing blood and body fluids not containing blood. Response: The department disagrees. Item (C) of the definition of "body fluids" clearly states "any body fluid containing visible blood," thereby encompassing situations where body fluids are devoid of blood and situations where body fluids contain visible blood, e.g., urine is not listed as a regulated body fluid unless it is visibly contaminated with blood. Comment: Concerning sec.1.132, one commenter suggested to remove "reference to FDA" in the definition of "biological indicators." Response: The department disagrees. The phrase "FDA-approved" in the proposed rule amendment serves as an example (note the "e.g." preceding the phrase) and should not be interpreted as a restriction. Appropriate flexibility in selection of biological indicators is implied in the use of the phrase "commercially- available" as the primary identifier of the item. Comment: Concerning sec.1.132, one commenter suggested to remove the term "containerized" in the definition "bulk." Response: The department disagrees. The term is necessary for clarification. Retention of the term "containerized" adds definition from a volume perspective and implies a mechanism for measurement. Comment: Concerning sec.1.132, one commenter suggested that the term "grinding" be repealed with either "shredding" or "grinding/shredding." Response: The department disagrees. Both terms have been defined. Some processes shred, some grind, some do both. The rendering of waste unrecognizable is only required for treatment of pathological waste. Comment: Concerning sec.1.132, one commenter suggested that the definition "immersed" be revised to reflect the inherent difficulty in microbiological inactivation through this technique. Response: The department disagrees. The term "immersed" is defined for the purpose of describing how liquid chemical agents must come into contact with the waste items. A more restrictive definition might adversely affect small generators, for whom chemical disinfection was allowed in the first place. The concept of microbial inactivation is discussed in the following comment regarding chemical disinfection. Comment: Concerning sec.1.132, one commenter suggested that the the definition "moist heat disinfection" be revised in wording only to refer to this treatment technique as "microwave/macrowave disinfection." Response: The department disagrees. The treatment processes identified in these rules as "steam sterilization (disinfection)," "thermal inactivation," "moist heat disinfection," "chlorine disinfection/maceration," and "incineration" were approved by the department for the treatment of SWFHCRF in previous rules and are continued in these amendments. Because of their specific meaning and application, the department believes that the terms should continue to be used in order to provide the needed continuity between the former rules and the new amendments and sections. All of these terms are specifically defined in these rules. Comment: Concerning sec.1.132, one commenter suggested to revise the definition "parametric controls" to include a final phrase "as appropriate to the treatment equipment." Response: The department disagrees. The intent is to define a concept in simple terms. The term "parametric controls" defines what parametric controls are. The definition is generic; and not intended to address just medical waste treatment. Comment: One commenter stated that the Health and Safety Code Chapter 142 now refers to "home health agencies" as "home and community support services agencies." The proposed rule should be revised to reflect the current terminology. Response: The department agrees. Reference to "home health agencies" in sec.1.134(13) and sec.1.137(a)(5) is revised to reflect the term "home and community support services agencies." Comment: One commenter stated that the Health Facility Licensure and Certification Division (TDH) issued an opinion that home health agencies are exempt from the requirements of the present rules as stated in sec.1.134(a)(1) single or multi-family dwellings. There is concern that this exemption is being transferred from the TDH rules to the Texas Natural Resource Conservation Commission (TNRCC) rules and that TNRCC will not interpret the exemption to include home health agencies. Response: The department disagrees. Pursuant to Senate Bill 2 (72nd Legislature, First Called Session), jurisdiction over the transportation and disposal of SWFHCRF was transferred to the TNRCC. The TNRCC has incorporated the site-specific exemption into its proposed amendments to its medical waste management rules found in the July 15, 1994, issue of the Texas Register (19 TexReg 5446). The department's current jurisdiction extends to approval of methods for the treatment of SWFHCRF. It is the department's understanding that the TNRCC intends to interpret the application of this exemption with regard to home and community support services agencies in a similar manner as the department did previously. The department has referred this comment to the TNRCC for further consideration. Comment: One commenter requested that home health agencies be exempt from sec.1.136(b) "Records" and sec.1.136(c) "Facility Responsibility" because (waste) treatment will not be performed at agency offices or facilities. Response: The department disagrees. There are some home health agency facilities where storage/treatment does occur. Therefore, this category of facility needs to comply with all applicable sections of the rules. Please note that the provisions in the TNRCC rules concerning record-keeping are based on quantity of waste generated. It is anticipated that most home health care agencies will be in the "small quantity" category (less than 50 pounds per month generated), so the record-keeping demands will be minimal. Comment: One commenter stated that home health agency offices are purely administrative with no clinical areas. The concern is that there is no area where waste could be stored while awaiting pickup, or treated by any of the means listed in the proposed rules. Response: The department disagrees. Since some home health care agencies are bringing SWFHCRF (albeit small quantities) back to a centralized location, they will need to address the issues of storage, treatment, and disposal as appropriate. Please note that private sector enterprises have to address the federal Occupational Safety and Health Administration (OSHA) bloodborne pathogens standard requirements concerning proper containment of waste within a facility. Although, there is nothing in department rules or those of the TNRCC that directs a home health care agency to bring waste back to its base of operations, there is also no prohibition against leaving the waste in the home. Comment: One commenter envisioned that the only disinfection/treatment that would be accomplished in the home environment would be the chemical disinfection of sharps. There is concern that all other waste would have to be transported in nurses' vehicles back to their respective offices. Response: Treatment is not required for SWFHCRF generated in an exempt setting. TDH and TNRCC would encourage the proper handling of sharps in the home, and we would urge home health care providers to provide some education to patients and families about the appropriate disposal of sharps. If the health-care provider takes sharps or other SWFHCRF back to its base of operations, then the TNRCC rules prevail as appropriate. There is no requirement that sharps or other SWFHCRF must be treated before the health-care provider takes them back to the base operations, but the TDH rules provide suitable options for treatment at the home before transport. Please note that TNRCC considers each nurse or health care provider as part of the larger on-site generator which is that home health care agency, much as each department of a facility is considered part of the individual on-site facility. As long as each provider does not transport greater than 50 pounds per month of untreated waste, transporter requirements do not come into play. Comment: One commenter raised concern about exposure of nurses to chemical agents that would be used to perform chemical disinfection of sharps in the home. Response: There is no requirement for performing chemical disinfection of sharps in the home. One alternative is transportation. Waste generated in an exempt setting is not subject to treatment requirements prior to disposal unless the waste is transported back to another facility. Comment: Two commenters recommended that all sharps, used and unused, be treated and rendered unrecognizable, regardless of contamination. It should be imperative that sharps be shredded prior to disposal, no matter what the treatment process. Response: The department disagrees. Proper sharps management can be achieved without shredding. The option of treatment on site is designed to provide generators with safe alternatives to illegal dumping. The current proposed rule revision which addresses the proper management of unused sharps is intended to make the disposal of these items more rational. From a microbiological and epidemiological perspective, it makes no sense to "disinfect" something which is not contaminated to begin with. Most "unused" sharps would be needles/syringes that have become outdated. In essence, this means that the manufacturer cannot guarantee that the item remains sterile beyond an expiration date. It does not mean that significant contamination has occurred. The proposed revision to the rule which addresses disposal of unused sharps was intended to deal with the "sharp" nature of these items without having to disinfect them. Shredding sharps is certainly permissible, but requiring this process for all sharps disposal would put this beyond the means of many, if not all, of the small quantity generators. Comment: One commenter requested that the rules require a specific biological indicator, specifically "Bacillus stearothermophilus." Response: The department disagrees. The goal of the proposed rules is to achieve microbial reduction through a treatment process. Specifying a specific biological indicator is more restrictive than is the purpose of these rules. Comment: One commenter stated that the rules should establish an "effective treatment temperature/time," e.g., 250 degrees Celcius for 25 minutes, for microwave units. Response: The department disagrees. These rules attempt to promote the achievement of a uniform end result (microbial reduction) rather than dictate the parameters for achieving that end result, especially for the new technologies which will be reviewed by the department. The proposed rules retain the minimum parameters of operation for the previously-approved technologies. The minimum parameters of operation for the "grandfathered" technologies are not changed in the proposed rule; however, if the parameters of operation for these technologies deviate from the minimum, then the process will need to be reviewed via the performance standard approach. Comment: One commenter suggested that, to minimize aerosolization, the rule should require that treatment units be fitted with negative air with high efficiency particulate air (HEPA) filters. The rule should also appropriately address volatiles, i.e., organics, volatile organic compounds (VOC), volatiles from aerosols and chemicals. Additionally, the rule should evidence concern for employee safety during shredding operations by establishing provisions addressing malfunctions and potential breakdown situations, aerosolization, lockout/tagout concerns, and units that have not been properly purged. Response: The department disagrees. The proposed rule was intentionally developed as broad-based to allow for manufacturer flexibility with the intent to address acceptable treatment of SWFHCRF. The ability to meet the performance standards and comply with the rules for SWFHCRF will determine acceptability. Comment: One commenter stated that microwave units should be prohibited from treating pathological and chemotherapy waste. These types of waste should be incinerated only. Response: The department disagrees. The shredding requirement was designated to promote proper treatment and to render pathological waste unrecognizable. Please note that there are currently no regulations concerning the disposal of chemotherapy waste in Texas. The recommended method of disposal at this time is incineration. Comment: One commenter stated that the department should require all treatment facility operators to satisfy uniform requirements consistent with those set forth by the Illinois EPA waste treatment regulations. Response: The department disagrees. The Illinois standard excerpts provided by the commenter incorporate restrictions and requirements that are much more restrictive than the proposed rules. The proposed rules are intended to allow manufacturer flexibility to achieve the desired end result of waste treatment (microbial inactivation). Comment: One commenter stated that the department should delete the reference to disinfection of the surface of inanimate objects and should require that all medical waste, such as the insides of syringes and the contents of sharps boxes be disinfected, not just the "surfaces." Response: The department disagrees. Many of the newer technologies incorporate a grinding/shredding process to increase surface area and thereby enhance the effectiveness of the treatment. Many of the previously-approved technologies (processes) do not have the grinding component, but the treatments still do achieve some measure of the objective. To require that generators go into their waste stream to increase surface area before utilizing a previously-approved technology is neither practical nor justified. Comment: One commenter stated that all treatment technologies should be required to demonstrate that the waste itself is disinfected, and not, for example, just that the treatment unit meets certain parameters. The two are not one and the same. Response: The department disagrees. Previously-approved technologies, or processes, have minimum parameters of operation that will not be revised in the proposed rules. These processes do not have to demonstrate efficacy by performance standard because of the previous approval. On the other hand, new technologies must show efficacy via the performance standard approach. Once approved, the technology can be placed into a facility for use. Proposed TNRCC rules call for periodic parametric monitoring of all processes, new and previously approved, to serve as a simple means for achieving some measure of quality assurance in waste treatment for the facility. The idea is based on standard experimental method where a process is ran using certain parameters and a result is obtained. If the process is repeated using the exact same parameters of operation, the same result should be attained. By having the manufacturers indicate the conditions of operation of their technology which allow them to achieve the performance standard, facility operators have assurance that if they duplicate those operating conditions, the equipment is performing to standards. Comment: One commenter stated that the phrase "moist heat disinfection" should be replaced with "Microwave/Macrowave disinfection" throughout the rule. Response: The department disagrees. The treatment processes identified in these rules as "steam sterilization (disinfection)," "thermal inactivation," "moist heat disinfection," "chlorine disinfection/maceration," and "incineration" were approved by the department for the treatment of SWFHCRF in previous rules and are continued in these amendments. Because of their specific meaning and application, the department believes that the terms should continue to be used in order to provide the needed continuity between the former rules and the new amendments and sections. All of these terms are specifically defined in these rules. Additional text is added to sec.1.131 to better define the purpose of treatment. Comment: One commenter requested that the department either remove "chemical disinfection" as a treatment technique completely from the proposed rules, or limit the use of this technique specifically to that waste stream which only has surface contamination which can have ready access and contact with the disinfectant. Response: The department disagrees. The option is necessary for the small quantity user. Section 1.136 limits the waste stream applications of chemical disinfection. The definition of "immersed" addresses the correct use of liquid chemical agents to treat the contents of sharps containers and such. Comment: Concerning sec.1.133(b)(1) "chemical disinfection," sec.1.133(b)(2) "chlorine disinfection/maceration," and sec.1.136 Approved Methods of Treatment and Disposition, one commenter recommended that the parametric standards specifically require higher concentrations of free chlorine or other disinfectant as may be necessary in the presence of high protein concentration (i.e., blood, pathological waste, etc.) to ensure high level disinfection. Response: The department disagrees and has stipulated that treatment technologies and processes approved under current rules would not be affected by the proposed rules. While the department agrees in principle with the commenter's statement that large quantities of protein would inactivate free chlorine readily, the concentration quoted is considered the minimum for treatment purposes. Comment: With respect to sec.1.133(b)(2) "chlorine disinfection/maceration," one commenter recommended revision as follows: "The waste must be shredded prior to or during treatment and made unrecognizable." Response: The department agrees and has reworded the referenced section to stipulate shredding "prior to or during treatment." Comment: One commenter recommended that sec.1.133(b)(4) be revised to reflect a waste temperature parameter. Response: The department disagrees. The department has stipulated that treatment technologies and processes approved under current rules would not be affected by the proposed rules. Comment: One commenter suggested broad revision of sec.1.136 Approved Methods of Treatment and Disposition. The commenter suggested deletion of subparagraphs (A)(i), (A)(vi), (B)(i), (B)(ii), and (B)(vi) as they relate to treatment by steam sterilization and chlorine disinfection/maceration; (a)(1) (C)(ii)(a)(2) Bulk human blood, blood products, and body fluids; (A)(iv), (A) (vi), (B)(iv), (B)(vi), (C)(iv), (C)(vi), proposed paragraphs (D)(i)(IV), (D) (i)(VI), and current paragraphs (E)(iv) and (E)(vi); (A)(i)(III), (A)(i)(V), (A)(ii)(IV), (A)(ii)(VI), (A)(iii)(IV), (A)(iii)(VI), (A)(iv)(II), (A)(iv)(VI), (A)(iv)(VII), (A)(iv)(IX), (B)(i)(III), (B)(i)(VI), (B)(ii)(II), (B)(ii)(VI), (B)(ii)(VII), and (B)(ii)(IX); and the deletion of all subparagraphs in section sec.1.136, subparagraph (B), related to steam sterilization, chemical disinfection, and chlorine disinfection/maceration. Response: The department disagrees. The department has stipulated that treatment technologies and processes approved under current rules would not be affected by the proposed rules. Comment: One commenter stated that a comparison of sec.1.136(a)(5) "sharps" of the proposed rules and 30 Texas Administrative Code (TAC) Chapter 330 (TNRCC rules) reveals that the TNRCC rule is incomplete as it relates to sharps disposal with respect to technologies which use shredding. The department should ensure consistency between rules. Response: The department disagrees. The two sets of rules were promulgated simultaneously after consultation between the agencies. A Memorandum Of Understanding will be adopted which details the proper interaction between the two agencies. Comment: One commenter suggested that the following language be added for sec.1.136: "The manufacturer of single use, disposable treatment units shall be responsible for maintaining adequate quality control for each lot of single use products." Response: The department disagrees. It should not be necessary to specify disposal of single use items since it is already addressed in TNRCC rules. The manufacturer should be maintaining adequate quality control in this regard as a matter of due course and as a marketing practice. Comment: One commenter suggested that the department develop rules addressing the treatment of medical waste based on the location of treatment; the rule needs to stipulate treatment parameters that pertain to three locations of treatment: point of generation; onsite but removed from the point of generation; and offsite. Response: The department disagrees. The desired end result of the proposed rules is significant reduction of microbial activity prior to the waste being transported to a landfill. Treatment technologies must be capable of achieving that result without regard to proximity to the point of waste generation. Comment: Concerning Section 1.135(4)(B)(i), three commenters suggested that the department reconsider and reduce or delete its review and listing fees so that the regulated community can continue to access new and safe technologies. Such high fees will deter manufacturers of many viable and alternative treatment systems appropriate for the Texas regulated community to choose not to do business in Texas, not only because of the fee itself but because it places the new technology at a distinct business disadvantage. Response: The department agrees and has removed the listing fee provision; however, the requirement for maintaining a list of approved treatment technologies was not modified. Comment: One commenter suggested that the department revise sec.1.135(4)(B) (ii) to read as follows: "(ii) Alternative treatment technologies must be listed by type at the time of the manufacturer's first sale of a particular type of unit, process, or model." Response: The department agrees and the referenced section has been modified to reflect listing at the time of the manufacturer's first sale of the product. Comment: Two commenters requested that the department review its application fee determination and assess a charge more typical of other states. Response: The department has reviewed its proposed approval process and has consulted with several other states as to fees charged. Based on projected administrative costs the department feels that its proposed application fee is justified. Comment: One commenter recommended that sec.1.135(3)(C) be revised to clarify that the replacement of old waste treatment technology with "newly-acquired" technology or equipment that relies upon existing and well-recognized methods of treatment and disposal does not trigger the performance-standards approval process. Response: The department agrees and has modified the section to stipulate that replacement of previously approved waste treatment technology with "alternative treatment technology" will trigger the performance-standards approval process. Please note that it is not the responsibility of the purchasing facility to seek and obtain this approval, but rather the manufacturers must obtain the approval for their process prior to its marketing in Texas. If old waste equipment is replaced with new equipment that operates within the same parameters of the previously approved technology, then no approval process is required. Comment: One commenter recommended that sec.1.135(4)(B)(iv) be revised to read as follows: "(iv) The department shall maintain a list of those approved alternate treatment technologies, by type and manufacturer. The list shall be made available and distributed upon request by contacting the department." Response: The department disagrees. As variations of alternative treatment technologies are developed it will be necessary to be able to differentiate these technologies through the listing. Comment: Concerning sec.1.135(3)(B), an internal comment was made within the agency that the department should clarify the use of approvals granted by other states as they relate to the alternative treatment technology review process conducted by the department. Response: The department agrees and has revised sec.1.135(3)(B) to reflect the role that prior state approval or reciprocity will have in the department's review process. Comment: One commenter recommended that the department revise sec.1.136(c) to clarify that medical waste reduction systems in hospitals are not required to receive approval from the department if they utilize existing, as opposed to alternative, treatment technologies. Response: The department disagrees. Medical waste reduction systems are not addressed by the proposed rules. These proposed rules refer to reductions in microbial load, not waste volume reductions. Comment: One commenter was concerned that small discrepancies between department rules and TNRCC rules can lead to interpretive inconsistencies, i.e. , parametric monitoring frequency. Response: There is no parametric monitoring requirement proposed or existing in the TDH rules. This requirement is found only in the TNRCC rules as it is in the purview of that agency to enforce rules concerning the management of SWFHCRF. Additionally, the two sets of rules were promulgated simultaneously after consultation between the agencies. A memorandum of understanding (MOU) will be adopted detailing the proper interaction between the two agencies. Comment: One commenter stated that microwave units, and all alternative technologies, should be required to obtain individual site specific permits and approvals. Response: Permitting issues are under the jurisdiction the Municipal Solid Waste Division of the TNRCC. Comment: One commenter stated that an operator certification requirement should exist and be implemented. Response: Permitting and operational issues are under the jurisdiction of the Municipal Solid Waste Division (MSW) of the TNRCC. The department, as part of its approval process, may elect to ask for some evidence that the manufacturer of a waste treatment equipment provides for or trains facility employees in the proper operation of said equipment. The rules of TNRCC make no mention of certifying operators, but the provision on record-keeping does stipulate that operator initials or some identification be included in treatment logs. Comment: One commenter recommended that appropriate staff of the department and the TNRCC work together to devise language amending 30 TAC 330.1008 of the TNRCC rules concerning medical waste collection stations. This revision should include consideration of an expansion of the population and small-quantity figures currently contained in this rule. Response: Permitting issues are under the jurisdiction of the MSW Division of the TNRCC. Comment: One commenter suggested that the standard should emphasize segregation, blending/mixing, and shredding protocols to minimize liquids. Response: Rules currently in effect already address liquids issues (liquid chemical disinfectants are required to be drained from the waste prior to disposal). For additional landfill requirements, refer to TNRCC. Comment: One commenter stated that microwave units should also be prohibited from treating radioactive and/or hazardous waste. Response: The rules in 25 TAC Chapter 289 prevail over the sections in this undesignated head whenever SWFHCRF is also radioactive. The management of hazardous wastes is addressed by the TNRCC. Comment: One commenter expressed concern, with reference to sec.1.133(d), that there were not any performance standards in 30 TAC Chapter 330, which deal with the periodic monitoring of the medical waste treatment processes. Response: The proposed amendment to 30 TAC sec.330.1004(c)(4)(e) references routine performance monitoring. This is under the jurisdiction of the TNRCC. Comment: One commenter recommended an effective date immediately upon publication of rules. Response: The department cannot comply with this request. Texas Government Code sec.2001.036 defines the effective date of adopted rules as the 21st date after the publication date unless otherwise required by statute, federal regulation or emergency. The department does not believe any of these conditions exist. The following entities provided comments on the proposed medical waste rules: TNRCC; ISOLYSER; Texas Hospital Association; Micro-Waste Corporation; Browning- Ferris Industries; ABB Sanitec, Incorporation; and Texas Association for Home Care, Inc. The commenters were generally in favor of the rules; while none were against the rules they offered suggestions, asked questions, and voiced concerns. Definition, Treatment, and Disposition of Special Waste from Health Care- Related Facilities 25 TAC sec.sec.1.131, 1.132, 1.136, 1.137 The amenments are adopted under the Health and Safety Code, sec.sec.81.081-81. 092, which provides the Board of Health (board) the authority to prevent and control communicable disease; sec.142.012, which authorizes the board to adopt rules concerning home and community support services agencies; sec.241.026, which authorizes the board to adopt rules concerning hospital licensing; sec.243.009, which authorizes the board to adopt rules concerning ambulatory surgical centers; sec.244.009, which authorizes the board to adopt rules covering birthing centers; sec.sec.245.009-245.010, which authorize the board to adopt rules covering abortion facilities; sec.694.001, which authorizes the board to regulate the disposition of dead bodies; sec.773.050, concerning the department's authority to regulate emergency medical service providers; sec.12. 032, which authorizes the board to charge fees for public health services; and sec.12.001, which provides the board with the authority to adopt rules for the performance of every duty imposed by law on the board, the Texas Department of Health, and the Commissioner of Health. sec.1.131. Purpose. The purpose of these sections is to provide a definition of the term "special waste from health care-related facilities (SWFHCRF)", approve methods for the treatment and disposition of the waste, identify the entities that are subject to the provisions of these sections, and provide for the orderly application of the sections to covered entities. Although these sections provide for the methods of treatment of SWFHCRF, they do not require sterilization of the waste as a measure of adequate treatment. sec.1.132. Definitions. The following words and terms, when used in this undesignated head, shall have the following meanings unless the context clearly indicates otherwise. Approved alternate treatment process-A process for waste treatment which has been approved by the Texas Department of Health in accordance with sec.1.135 of this title relating to Performance Standards for Commercially-Available Alternate Treatment Technologies for Special Waste from Health Care-Related Facilities). Biological indicators -Commercially-available microorganisms (e.g., United States Food and Drug Administration-approved strips or vials of Bacillus species endospores) which can be used to verify the performance of waste treatment equipment and/or processes. Body fluids-Those free-flowing body substances other than blood, plasma, or serum identified under universal precautions as recommended by the United States Centers for Disease Control & Prevention, and includes, but are not limited to: (A) semen; (B) vaginal secretions; (C) any body fluid containing visible blood; (D) saliva in dental settings; (E) amniotic fluid; (F) cerebrospinal fluid; (G) peritoneal fluid; (H) pleural fluid; (I) pericardial fluid; and (J) synovial fluid. Bulk-A containerized, aggregate volume of 100 milliliters (mL) or more. Bulk human blood, bulk human blood products, and bulk human body fluids - All free-flowing waste: human blood; serum; plasma; other blood components; and body fluids; including disposable items saturated with blood or body fluids. Burial park-A tract of land that is used or intended to be used for the interment of pathological waste in graves. Cemetery-A tract of land that is used or intended to be used for the permanent interment of pathological waste, and includes: (A) -(B) (No change.) (C) a columbarium for cinerary interments; or (D) (No change.) Challenge waste load-A surrogate waste load assembled for use during waste treatment protocols to evaluate the efficacy of microbial inactivation processes. The composition of the challenge waste load will vary depending on the technology being evaluated. Chemical disinfection -The use of a chemical agent to reduce significantly the numbers of active microorganisms, but not necessarily their endospores, from the surfaces of inanimate objects. Chlorine disinfection/maceration -The process of shredding waste in the presence of a chlorine solution under negative pressure. Contagious- Capable of transmission from human or animal to human. Contaminated-The presence or the reasonably anticipated presence of blood or those body fluids as defined elsewhere in this section. Cremated remains -The bone fragments remaining after the cremation process, which may include the residue of any foreign materials that were cremated with the pathological waste. Department-The Texas Department of Health. Deposition in a sanitary landfill-Deposition in a sanitary landfill in accordance with 30 TAC Chapter 330. Discharge to sanitary sewer system-A discharge or flushing of waste into a sanitary sewer system which is done in accordance with provisions of local sewage discharge ordinances. Disinfection-A somewhat less lethal process compared to sterilization which destroys or inactivates viruses, fungi, and bacteria (but not necessarily their endospores) on inanimate surfaces. Grave-A space of ground in a burial park that is used, or intended to be used for the permanent interment in the ground of pathological waste. Grinding-That physical process which pulverizes materials, thereby rendering them as unrecognizable, and for sharps, reduces the potential for the material to cause injuries such as puncture wounds. Immersed-A process in which waste is submerged fully into a liquid chemical agent in a container, or that a sufficient volume of liquid chemical agent is poured over a containerized waste, such that the liquid completely surrounds and covers the waste item(s) in the container. Incineration-That process of burning SWFHCRF in an incinerator as defined in 30 TAC Chapter 101 under conditions in conformance with standards prescribed in 30 TAC Chapter 111 by the Texas Natural Resource Conservation Commission. Interment-The disposition of pathological waste by cremation, entombment, burial, or placement in a niche. Log [sub]10-Logarithm to the base ten. Log [sub]10 reduction-A mathematically defined unit used in reference to level or degree of microbial inactivation. A 4 log [sub]10 reduction represents a 99.99% reduction in the numbers of active microorganisms, while a 6 log [sub]10 reduction represents a 99. 9999% reduction in the numbers of active microorganisms. Mausoleum-A structure or building of most durable and lasting fireproof construction used, or intended to be used, for the entombment pathological waste. Microbial inactivation -Inactivation of vegetative bacteria, fungi, lipophilic/hydrophilic viruses, parasites, and mycobacteria at a 6 log [sub]10 reduction or greater; and inactivation of Bacillus subtilis endospores or Bacillus stearothermophilus endospores at a 4 log point=4.02p [sub]10 reduction or greater. Microbiological waste -Microbiological waste includes: (A) discarded cultures and stocks of infectious agents and associated biologicals; (B) discarded cultures of specimens from medical, pathological, pharmaceutical, research, clinical, commercial, and industrial laboratories; (C) discarded live and attenuated vaccines, but excluding the empty containers thereof; (D) discarded, used disposable culture dishes; and (E) discarded, used disposable devices used to transfer, inoculate or mix cultures. Moist heat disinfection -The subjection of: (A) internally shredded waste to moist heat, assisted by microwave radiation under those conditions which effect disinfection; or (B) unshredded waste in sealed containers to moist heat, assisted by low- frequency radiowaves under those conditions which effect disinfection, followed by shredding of the waste to the extent that the identity of the waste is unrecognizable. Niche-A recess or space in a columbarium used, or intended to be used, for the permanent interment of the cremated remains of pathological waste. Parametric controls -Measurable standards of equipment operation appropriate to the treatment equipment including, but not limited to pressure, cycle time, temperature, irradiation dosage, pH, chemical concentrations, or feed rates. Pathological waste -Pathological waste includes but is not limited to: (A) human materials removed during surgery, labor and delivery, autopsy, embalming, or biopsy, including: (i)-(ii) (No change.) (B) products of spontaneous or induced human abortions, regardless of the period of gestation, including: (i) body parts; (ii) tissues or fetuses; (iii) organs; and (iv) bulk blood and body fluids; (C)-(D) (No change.) Saturated-Thoroughly wet such that liquid or fluid flows freely from an item or surface without compression. Sharps-Sharps include, but are not limited to the following materials: (A) when contaminated: (i) hypodermic needles; (ii) hypodermic syringes with attached needles; (iii) scalpel blades; (iv) razor blades, disposable razors, and disposable scissors used in surgery, labor and delivery, or other medical procedures; (v) intravenous stylets and rigid introducers (e.g., J wires); (vi) glass pasteur pipettes, glass pipettes, specimen tubes, blood culture bottles, and microscope slides; (vii) broken glass from laboratories; and (viii) tattoo needles, acupuncture needles, and electrolysis needles; (B) regardless of contamination: (i) hypodermic needles; and (ii) hypodermic syringes with attached needles. Shredding-That physical process which cuts, slices, or tears materials into small pieces. Special waste from health care-related facilities -A solid waste which if improperly treated or handled may serve to transmit an infectious disease(s) and which is comprised of the following: (A) (No change.) (B) bulk blood, bulk human blood products, and bulk human body fluids; (C)-(E) (No change.) Steam disinfection -The act of subjecting waste to steam under pressure under those conditions which effect disinfection. This was previously called steam sterilization. Thermal inactivation -The act of subjecting waste to dry heat under those conditions which effect disinfection. Unrecognizable-The original appearance of the waste item has been altered such that neither the waste nor its source can be identified. sec.1.136. Approved Methods of Treatment and Disposition. (a) Introduction. The following treatment and disposition methods for special waste from health care-related facilities are approved by the Texas Board of Health (board) for the waste specified. Where a special waste from a health care-related facility is also subject to the sections in Chapter 289 of this title (relating to Radiation Control), the sections in Chapter 289 shall prevail over the sections in this undesignated head. Disposal of special waste from health care-related facilities in sanitary landfills or otherwise is under the jurisdiction of the Texas Natural Resource Conservation Commission and is governed by its rules found in Title 30, Texas Administrative Code, Chapter 330. (1) Animal waste. Animal waste shall be subjected to one of the following methods of treatment and disposal. (A) Carcasses of animals intentionally exposed to pathogens shall be subjected to one of the following methods of treatment and disposal: (i) steam disinfection followed by deposition in a sanitary landfill; (ii) (No change.) (iii) carcasses of animals intentionally exposed to pathogens which are not contagious may be buried on site under the supervision of a veterinarian licensed to practice veterinary medicine in the State of Texas; (iv) carcasses of animals intentionally exposed to pathogens which are not contagious may be sent to a rendering plant; (v) moist heat disinfection followed by deposition in a sanitary landfill; (vi) chlorine disinfection/maceration followed by deposition in a sanitary landfill; or (vii) an approved alternate treatment process followed by deposition in a sanitary landfill. (B) Body parts of animals intentionally exposed to pathogens shall be subjected to one of the following methods of treatment and disposal: (i) steam disinfection followed by deposition in a sanitary landfill; (ii) steam disinfection followed by grinding and discharging into a sanitary sewer system; (iii) incineration followed by deposition of the residue in a sanitary landfill; (iv) body parts of animals intentionally exposed to pathogens which are not contagious may be buried on site under the supervision of a veterinarian licensed to practice veterinary medicine in the State of Texas; (v) moist heat disinfection followed by deposition in a sanitary landfill; (vi) chlorine disinfection/maceration followed by deposition in a sanitary landfill; or (vii) an approved alternate treatment process followed by deposition in a sanitary landfill. (C) Bulk whole blood, serum, plasma, and/or other blood components from animals intentionally exposed to pathogens shall be subjected to one of the following methods of treatment and disposal: (i) steam disinfection followed by deposition in a sanitary landfill; (ii) steam disinfection followed by grinding and discharging into a sanitary sewer system; (iii) -(viii) (No change.) (ix) moist heat disinfection followed by deposition in a sanitary landfill; (x) chlorine disinfection/maceration followed by deposition in a sanitary landfill; or (xi) an approved alternate treatment process followed by deposition in a sanitary landfill. (D) Bedding of animals intentionally exposed to pathogens shall be subjected to one of the following methods of treatment and disposal: (i) steam disinfection followed by deposition in a sanitary landfill; (ii)-(iii) (No change.) (iv) moist heat disinfection followed by deposition in a sanitary landfill; (v) chlorine disinfection/maceration followed by deposition in a sanitary landfill; or (vi) an approved alternate treatment process followed by deposition in a sanitary landfill. (2) Bulk human blood, bulk human blood products, and bulk human body fluids. Bulk human blood, blood products, and body fluids shall be subjected to one of the following methods of treatment and disposal: (A) (No change.) (B) steam disinfection followed by deposition in a sanitary landfill; (C) -(E) (No change.) (F) thermal inactivation, followed by deposition in a sanitary landfill; (G) thermal inactivation, followed by grinding and discharging into a sanitary sewer system; (H) moist heat disinfection followed by deposition in a sanitary landfill; (I) chlorine disinfection/maceration followed by deposition in a sanitary landfill; or (J) an approved alternate treatment process followed by deposition in a sanitary landfill. (3) Microbiological waste. Microbiological waste shall be subjected to one of the following methods of treatment and disposal. (A) Discarded cultures and stocks of infectious agents and associated biologicals shall be subjected to one of the following methods of treatment and disposal: (i) steam disinfection followed by deposition in a sanitary landfill; (ii)-(iv) (No change.) (v) moist heat disinfection followed by deposition in a sanitary landfill; (vi) chlorine disinfection/maceration followed by deposition in a sanitary landfill; or (vii) an approved alternate treatment process followed by deposition in a sanitary landfill. (B) Discarded cultures of specimens from medical, pathological, pharmaceutical, research, clinical, commercial, industrial and veterinary laboratories shall be subjected to one of the following methods of treatment and disposal: (i) steam disinfection followed by deposition in a sanitary landfill; (ii)-(iv) (No change.) (v) moist heat disinfection followed by deposition in a sanitary landfill; (vi) chlorine disinfection/maceration followed by deposition in a sanitary landfill; or (vii) an approved alternate treatment process followed by deposition in a sanitary landfill. (C) Discarded live and attenuated vaccines, but excluding the empty containers thereof, shall be subjected to one of the following methods of treatment and disposal: (i) steam disinfection followed by deposition in a sanitary landfill; (ii)-(iv) (No change.) (v) moist heat disinfection followed by deposition in a sanitary landfill; (vi) chlorine disinfection/maceration followed by deposition in a sanitary landfill; or (vii) an approved alternate treatment process followed by deposition in a sanitary landfill. (D) Discarded disposable culture dishes shall be subjected to one of the following methods of treatment and disposal. (i) All discarded, unused disposable culture dishes shall be disposed of in accordance with Title 30, Texas Administrative Code, Chapter 330. (ii) Discarded, used disposable culture dishes shall be subjected to the following methods of treatment and disposal: (I) steam disinfection followed by deposition in a sanitary landfill; (II) incineration followed by deposition of the residue in a sanitary landfill; (III) thermal inactivation followed by deposition in a sanitary landfill; (IV) chemical disinfection followed by deposition in a sanitary landfill; (V) moist heat disinfection followed by deposition in a sanitary landfill; (VI) chlorine disinfection/maceration followed by deposition in a sanitary landfill; or (VII) an approved alternate treatment process followed by deposition in a sanitary landfill. (E) Discarded disposable devices used to transfer, inoculate or mix cultures shall be subjected to one of the following methods of treatment and disposal: (i) steam disinfection followed by deposition in a sanitary landfill; (ii)-(iv) (No change.) (v) moist heat disinfection followed by deposition in a sanitary landfill; (vi) chlorine disinfection/maceration followed by deposition in a sanitary landfill; or (vii) an approved alternate treatment process followed by deposition in a sanitary landfill. (4) Pathological waste. Pathological waste shall be subjected to one of the following methods of treatment and disposal. (A) Human materials removed during surgery, labor and delivery, autopsy, embalming, or biopsy shall be subjected to one of the following methods of treatment and disposal: (i) body parts: (I) (No change.) (II) incineration followed by deposition of the residue in a sanitary landfill; (III) steam disinfection followed by interment; (IV) moist heat disinfection, provided that the grinding/shredding renders the item as unrecognizable, followed by deposition in a sanitary landfill; (V) chlorine disinfection/maceration, provided that the grinding/shredding renders the item as unrecognizable, followed by deposition in a sanitary landfill; or (VI) an approved alternate treatment process, provided that the process renders the item as unrecognizable, followed by deposition in a sanitary landfill; (ii) tissues or fetuses: (I)-(III) (No change.) (IV) steam disinfection followed by interment; (V) moist heat disinfection followed by deposition in a sanitary landfill; (VI) chlorine disinfection/maceration followed by deposition in a sanitary landfill; or (VII) an approved alternate treatment process, provided that the process renders the item as unrecognizable, followed by deposition in a sanitary landfill; (iii) organs: (I)-(III) (No change.) (IV) steam disinfection followed by interment; (V) moist heat disinfection followed by deposition in a sanitary landfill; (VI) chlorine disinfection/maceration followed by deposition in a sanitary landfill; or (VII) an approved alternate treatment process, provided that the process renders the item as unrecognizable, followed by deposition in a sanitary landfill; (iv) bulk human blood and bulk human body fluids removed during surgery, labor and delivery, autopsy, embalming, or biopsy: (I) (No change.) (II) steam disinfection followed by deposition in a sanitary landfill; (III)-(VII) (No change.) (VIII) moist heat disinfection followed by deposition in a sanitary landfill; (IX) chlorine disinfection/maceration followed by deposition in a sanitary landfill; or (X) an approved alternate treatment process, provided that the process renders the item as unrecognizable, followed by deposition in a sanitary landfill. (B) The products of spontaneous or induced human abortion shall be subjected to one of the following methods of treatment and disposal: (i) body parts, tissues, or organs regardless of the period of gestation: (I)-(II) (No change.) (III) steam disinfection followed by interment; (IV) (No change.) (V) moist heat disinfection followed by deposition in a sanitary landfill; (VI) chlorine disinfection/maceration followed by deposition in a sanitary landfill; or (VII) an approved alternate treatment process, provided that the process renders the item as unrecognizable, followed by deposition in a sanitary landfill; (ii) blood and body fluids: (I) (No change.) (II) steam disinfection followed by deposition in a sanitary landfill; (III)-(VII) (No change.) (VIII) moist heat disinfection followed by deposition in a sanitary landfill; (IX) chlorine disinfection/maceration followed by deposition in a sanitary landfill; or (X) an approved alternate treatment process, provided that the process renders the item as unrecognizable, followed by deposition in a sanitary landfill. (C) Discarded laboratory specimens of blood and/or tissues shall be subjected to one of the following methods of treatment and disposal: (i) grinding and discharging into a sanitary sewer system; (ii) steam disinfection followed by deposition in a sanitary landfill; (iii) steam disinfection followed by grinding and discharging into a sanitary sewer system; (iv) (No change.) (v) moist heat disinfection followed by deposition in a sanitary landfill; (vi) chlorine disinfection/maceration followed by deposition in a sanitary landfill; or (vii) an approved alternate treatment process, provided that the process renders the item as unrecognizable, followed by deposition in a sanitary landfill. (D) Anatomical remains shall be subjected to one of the following methods of treatment and disposal: (i) -(ii) (No change.) (iii) steam disinfection followed by interment. (5) Sharps. (A) All discarded unused sharps shall be disposed of in accordance with Title 30, Texas Administrative Code, Chapter 330. (B) Contaminated sharps shall be subjected to one of the following methods of treatment and disposal. (i) Hypodermic needles; and hypodermic syringes with attached needles, shall be subjected to one of the following methods of treatment and disposal: (I) chemical disinfection, and if the item can cause puncture wounds, placement in a puncture-resistant, leak-proof container followed by deposition in a sanitary landfill; (II) steam disinfection, and if the item can cause puncture wounds, placement in a puncture-resistant container followed by deposition in a sanitary landfill; (III) incineration, and if the item can cause puncture wounds, placement in a puncture-resistant container followed by deposition in a sanitary landfill; (IV) encapsulation in a matrix which will solidify and significantly reduce the possibility of puncture wounds followed by deposition in a sanitary landfill; (V) moist heat disinfection followed by deposition in a sanitary landfill; (VI) chlorine disinfection/maceration followed by deposition in a sanitary landfill; or (VII) an approved alternate treatment process, provided that the process renders the item as unrecognizable and can no longer cause puncture wounds, followed by deposition in a sanitary landfill. (ii) Razor blades, disposable razors, and disposable scissors used in surgery, labor and delivery, or other medical procedures; and scalpel blades shall be subjected to one of the following methods of treatment and disposal: (I) chemical disinfection, and if the item can cause puncture wounds, placement in a puncture-resistant, leak-proof container followed by deposition in a sanitary landfill; (II) steam disinfection, and if the item can cause puncture wounds, placement in a puncture-resistant container followed by deposition in a sanitary landfill; (III) incineration, and if item can cause puncture wounds, placement in a puncture-resistant container followed by deposition in a sanitary landfill; (IV) encapsulation in a matrix which will solidify and significantly reduce the possibility of puncture wounds followed by deposition in a sanitary landfill; (V) moist heat disinfection followed by deposition in a sanitary landfill; (VI) chlorine disinfection/maceration followed by deposition in a sanitary landfill; or (VII) an approved alternate treatment process, provided that the process renders the item as unrecognizable and can no longer cause puncture wounds, followed by deposition in a sanitary landfill. (iii) Intravenous stylets and rigid introducers (e.g., J wires) shall be subjected to one of the following methods of treatment and disposal: (I) chemical disinfection, and if the item can cause puncture wounds, placement in a puncture-resistant, leak-proof container followed by deposition in a sanitary landfill; (II) steam disinfection, and if the item can cause puncture wounds, placement in a puncture-resistant, leak-proof container followed by deposition in a sanitary landfill; (III) incineration, and if the item can cause puncture wounds, placement in a puncture-resistant, leak-proof container followed by deposition in a sanitary landfill; (IV) encapsulation in a matrix which will solidify and significantly reduce the possibility of puncture wounds, followed by deposition in a sanitary landfill; (V) moist heat disinfection followed by deposition in a sanitary landfill; (VI) chlorine disinfection/maceration followed by deposition in a sanitary landfill; or (VII) an approved alternate treatment process, provided that the process renders the item as unrecognizable and can no longer cause puncture wounds, followed by deposition in a sanitary landfill. (iv) Glass pasteur pipettes, glass pipettes, specimen tubes, blood culture bottles, and microscope slides; and broken glass from laboratories shall be subjected to one of the following methods of treatment and disposal: (I) chemical disinfection, and if the item can cause puncture wounds, placement in a puncture-resistant, leak-proof container followed by deposition in a sanitary landfill; (II) steam disinfection, and if the item can cause puncture wounds, placement in a puncture-resistant container followed by deposition in a sanitary landfill; (III) incineration, and if the item can cause puncture wounds, placement in a puncture-resistant container followed by deposition in a sanitary landfill; (IV) encapsulation in a matrix which will solidify and significantly reduce the possibility of puncture wounds followed by deposition in a sanitary landfill; (V) moist heat disinfection followed by deposition in a sanitary landfill; (VI) chlorine disinfection/maceration followed by deposition in a sanitary landfill; or (VII) an approved alternate treatment process, provided that the process renders the item as unrecognizable and can no longer cause puncture wounds, followed by deposition in a sanitary landfill. (v) Tattoo needles, acupuncture needles, and electrolysis needles shall be subjected to one of the following methods of treatment and disposal: (I) chemical disinfection, and if the item can cause puncture wounds, placement in a puncture-resistant, leak-proof container followed by deposition in a sanitary landfill; (II) steam disinfection, and if the item can cause puncture wounds, placement in a puncture-resistant, leak-proof container followed by deposition in a sanitary landfill; (III) incineration, and if the item can cause puncture wounds, placement in a puncture-resistant, leak-proof container followed by deposition in a sanitary landfill; (IV) encapsulation in a matrix which will solidify and significantly reduce the possibility of puncture wounds, followed by deposition in a sanitary landfill; (V) moist heat disinfection followed by deposition in a sanitary landfill; (VI) chlorine disinfection/maceration followed by deposition in a sanitary landfill; or (VII) an approved alternate treatment process, provided that the process renders the item as unrecognizable and can no longer cause puncture wounds, followed by deposition in a sanitary landfill. (b) Records. The facility treating the wastes shall maintain records to document the treatment of the special waste from health care-related facilities processed at the facility as to method and conditions of treatment in accordance with Title 30, Texas Administrative Code, Chapter 330. (c) Facility responsibility. The facility treating the wastes shall be responsible for establishing the conditions necessary for operation of each method used at the facility to insure the reduction of microbial activity of any waste treated according to the manufacturer's specifications and according to any approval granted by the department. sec.1.137. Enforcement. The appropriate regulatory programs of the department shall incorporate the definition and methodology contained in these provisions into their respective general program rules and shall formulate and present for the board's consideration such additional rules as are necessary for the internal collection, storage, handling, movement, and treatment of special waste from health care-related facilities generated within or by the following facilities or activities: (1)-(4) (No change.) (5) home and community support services agencies; (6) hospitals; (7) special residential care facilities; and (8) tattoo studios. 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 23, 1994. TRD-9451620 Susan K. Steeg General Counsel Texas Department of Health Effective date: December 21, 1994 Proposal publication date: July 8, 1994 For further information, please call: (512) 458-7236 25 TAC sec.sec.1.133, 1.134, 1.135 The repeals are adopted under the Health and Safety Code, sec.sec.81.081-81. 092, which provide the Board of Health (board) the authority to prevent and control communicable disease; sec.142.012, which authorizes the board to adopt rules concerning home and community support services agencies; sec.241.026, which authorizes the board to adopt rules concerning hospital licensing; sec.243.009, which authorizes the board to adopt rules concerning ambulatory surgical centers; sec.244.009, which authorizes the board to adopt rules covering birthing centers; sec.sec.245.009-245.010, which authorize the board to adopt rules covering abortion facilities; sec.694.001, which authorizes the board to regulate the disposition of dead bodies; sec.773.050, concerning the department's authority to regulate emergency medical service providers; sec.12. 032, which authorizes the board to charge fees for public health services; and sec.12.001, which provides the board with the authority to adopt rules for the performance of every duty imposed by law on the board, the Texas Department of Health, and the Commissioner of Health. 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 23, 1994. TRD-9451621 Susan K. Steeg General Counsel Texas Department of Health Effective date: December 21, 1994 Proposal publication date: July 8, 1994 For further information, please call: (512) 458-7236 25 TAC sec.sec.1.133, 1.134, 1.135 The new sections are adopted under the Health and Safety Code, sec.sec.81. 081-81.092, which provide the Board of Health (board) the authority to prevent and control communicable disease; sec.142.012, which authorizes the board to adopt rules concerning home and community support services agencies; sec.241. 026, which authorizes the board to adopt rules concerning hospital licensing; sec.243.009, which authorizes the board to adopt rules concerning ambulatory surgical centers; sec.244.009, which authorizes the board to adopt rules covering birthing centers; sec.sec.245.009-245.010, which authorize the board to adopt rules covering abortion facilities; sec.694.001, which authorizes the board to regulate the disposition of dead bodies; sec.773.050, concerning the department's authority to regulate emergency medical service providers; sec.12. 032, which authorizes the board to charge fees for public health services; and sec.12.001, which provides the board with the authority to adopt rules for the performance of every duty imposed by law on the board, the Texas Department of Health, and the Commissioner of Health. sec.1.133. Scope, Covering Exemptions and Minimum Parametric Standards for Waste Treatment Technologies Previously Approved by the Texas Department of Health. (a) Exemptions. (1) Unless an item is specifically exempted, all special waste from health care-related facilities must be treated as provided in these sections. (2) These sections do not apply to: (A) teeth; (B) human tissue, including fetal tissue, donated for research or teaching purposes, with the consent of the person authorized to consent as otherwise provided by law, to an institution of higher learning, medical school, a teaching hospital affiliated with a medical school, or to a research institution or individual investigator subject to the jurisdiction of an institutional review board required by 42 United States Codes 289; (C) placentas designated for sale and obtained from a licensed hospital or a licensed birthing center; (D) in vitro tissue cultures that have not been intentionally exposed to pathogens; (E) any material included in the definition of special waste from health care- related facilities which has been sold, donated, or in any way transferred from one health care-related facility to a subsequent facility(s) and other entities specified in subparagraph (B) of this paragraph for research or teaching purposes until it is discarded; and (F) disposition of fetal remains of a single pregnancy, body parts, or tissue (including bulk blood), transferred for disposition to a licensed funeral director in accordance with the Health and Safety Code, Chapter 711, and Chapter 181 of this title (relating to Vital Statistics) with the consent of the person or persons authorized to consent to the disposition of the fetal remains, body parts, or tissue (including bulk blood). All subcategories of pathological waste, unless otherwise exempted, must be treated and disposed of in accordance with sec.1.136 of this title (relating to Approved Methods of Treatment and Disposition). (b) Minimum parametric standards for waste treatment technologies previously approved by the Texas Department of Health. (1) Chemical disinfection. (A) Waste treatment via direct contact with chemical agents only shall utilize a registered chemical agent or an approved unregistered chemical agent as follows. (i) Registered chemical agents. (I) The chemical agent used shall be registered with the United States Environmental Protection Agency and the Texas Department of Agriculture. (II) The chemical agent shall be used according to the manufacturer's instructions. (ii) Unregistered chemical agents. (I) Those unregistered chemical agents previously approved are: (-a-) a freshly prepared solution of household chlorine bleach diluted 1:10 (volume/volume) with water; or (-b-) a solution of 70% by volume 2-propanol (isopropyl alcohol). (II) The containerized waste items shall be totally immersed in either solution for a period of time not less than three minutes. (B) If a chemical agent has been included by a manufacturer of a commercially- available waste treatment technology as the principle step in the treatment process, then: (i) the chemical agent (or its precursor(s)) or the microbial inactivating process must be registered with the United States Environmental Protection Agency for the purpose of waste treatment; or (ii) the manufacturer must provide evidence that the technology utilizing said chemical agent (or its precursor (s)) or the microbial inactivating process has been approved for use in another state; or (iii) the manufacturer must obtain approval for the process in accordance with sec.1.135 of this title (relating to Performance Standards for Commercially-Available Alternate Treatment Technologies for Special Waste from Health Care-Related Facilities). (C) Waste immersed in a liquid chemical agent must be thoroughly drained before disposal. (2) Chlorine disinfection/maceration. (A) The waste must be shredded prior to or during treatment and made unrecognizable as to source. (B) The chlorine solution must have a free available chlorine concentration of at least 1,100 parts per million (ppm) when applied to the waste. (C) The chlorine solution must be drained from the waste prior to disposal. (3) Moist heat disinfection. Moist heat disinfection shall utilize either of the following processes. (A) When subjecting internally shredded waste to moist heat assisted by microwave radiation, the temperature of the waste must reach at least 95 degrees Celsius under atmospheric pressure for at least 30 minutes. (B) When subjecting unshredded waste in sealed containers to moist heat assisted by low-frequency radiowaves, the temperature of the waste must reach at least 90 degrees Celsius under atmospheric pressure for at least two hours, followed by shredding of the waste to the extent that the identity of the waste is unrecognizable. (4) Steam disinfection. Steam disinfection shall meet all of the following requirements. (A) To allow for sufficient steam access to or penetration of the waste, the waste shall be: (i) packaged according to the recommendations provided by the manufacturer; and (ii) loaded into the chamber so as to not exceed the capacity limits as set by the manufacturer. (B) When subjecting waste to steam under pressure, the temperature in the chamber of the autoclave must reach at least 121 degrees Celsius and there must be at least 15 pounds per square inch gauge pressure for at least 30 minutes. (C) The autoclave must be operated according to the manufacturer's instructions. (5) Thermal inactivation. Thermal inactivation shall meet all of the following requirements. (A) To allow for sufficient dry heat access to or penetration of the waste, the waste shall be: (i) packaged according to the recommendations provided by the manufacturer; and (ii) loaded into the chamber so as to not exceed the capacity limits as set by the manufacturer. (B) Waste shall be subjected to dry heat of at least 160 degrees Celsius under atmospheric pressure for at least two hours. (C) Waste shall be subjected to dry heat according to the manufacturer's instructions. sec.1.134. Application. These sections apply to special waste from health care-related facilities generated by the operation of the following publicly or privately owned or operated health care-related facilities, including but not limited to: (1) ambulatory surgical centers; (2) abortion clinics; (3) birthing centers; (4) blood banks and blood drawing centers; (5) clinics, including but not limited to medical, dental, veterinary; (6) clinical, diagnostic, pathological or biomedical research laboratories; (7) educational institution health centers; (8) educational institution research laboratories; (9) electrolysis facilities; (10) emergency medical services; (11) end stage renal dialysis facilities; (12) funeral establishments; (13) home and community support services agencies; (14) hospitals; (15) long term care facilities; (16) mental health and mental retardation facilities, including but not limited to hospitals, schools, and community centers; (17) minor emergency centers; (18) occupational health clinics and clinical laboratories; (19) pharmacies; (20) pharmaceutical manufacturing plants and research laboratories; (21) professional offices, including but not limited to the offices of physicians, and dentists, and acupuncturists; (22) special residential care facilities; (23) tattoo studios; and (24) veterinary clinical and research laboratories. sec.1.135. Performance Standards for Commercially-Available Alternate Treatment Technologies for Special Waste from Health Care-Related Facilities. All manufacturers of commercially-available alternate technologies, equipment, or processes designed or intended for the treatment of special waste from health care-related facilities, except those meeting the standards of sec.1.133(b) of this title (relating to Scope, Covering Exemptions and Minimum Parametric Standards for Waste Treatment Technologies Previously Approved by the Texas Department of Health), shall apply to the Texas Department of Health (department) on forms prescribed by the department for approval of said technologies, equipment, or processes to ensure that established performance standards are met. (1) Levels of microbial inactivation. (A) All laboratory evidence submitted to the department for review shall be provided by a laboratory that meets the standards of either the NSF International, the American Association for Laboratory Accreditation, or other accrediting agencies or organizations as approved by the department. (B) All manufacturers of commercially-available alternate technologies, equipment, or processes designed and intended for the treatment of special waste from health care-related facilities shall provide specific laboratory evidence that demonstrates: (i) inactivation of representative samples of vegetative bacteria, mycobacteria, lipophilic/hydrophilic viruses, fungi, and parasites at a level of 6 log point=4.52p [sub]10 reduction or greater, as determined by the department; and (ii) inactivation of Bacillus stearothermophilus endospores or Bacillus subtilis endospores at a level of 4 log point=4.52p [sub]10 reduction or greater, as determined by the department. (C) One or more representative surrogate microorganisms from each microbial group shall be used in treatment efficacy evaluation. The department shall determine the appropriate microorganisms to serve as representative surrogate microorganisms. (D) The department shall prescribe those categories (types) and percent composition of special waste from health care-related facilities that present the most challenge to said treatment effectiveness under normal operating conditions of the equipment or process. (E) Protocols developed for efficacy testing shall incorporate, as applicable, recognized, standard procedures. The protocols shall be congruent with the treatment method under review. The department shall determine the specific pieces of information to be provided by the manufacturer to assure a thorough evaluation of the alternate treatment technology. (2) Documentation requirements. (A) The manufacturer of the alternate treatment technology, equipment, or process shall provide to the department the following information: (i) a detailed description of the treatment equipment, equipment specifications, operating instructions, and parameters of normal operation, and information detailing the intended use and typical site for which the equipment is designed; (ii) complete documentation that the alternate treatment technology, equipment, or process meets microbial inactivation criteria for all required representative microorganisms for all department-specified challenge waste load compositions, including a description of the test methods used, and, upon request, the original data from test procedures conducted by the manufacturer; (iii) documentation on available parametric controls, and, where technically feasible, evidence that demonstrates the efficacy relationship between biological indicator data and data derived from real-time parametric monitoring equipment; (iv) details relating to waste residues including their potential hazards/toxicities and their specific mode of disposal or recycling; (v) documentation providing occupational health assurance, and the means of providing required training in equipment operations; (vi) evidence of United States Environmental Protection Agency registration and Texas Department of Agriculture registration for those treatment processes that employ a chemical agent to inactivate microorganisms, or evidence of approval of the treatment process by a state other than Texas; (vii) documentation that user verification testing protocols are workable and valid; and (viii) documentation of approval of the alternate treatment process or technology in other state(s) utilizing performance standard review, if applicable. (B) Documentation must be submitted to the Texas Department of Health, Bureau of Environmental Health on those forms provided by the department. (3) Alternate treatment technology approval conditions. (A) The alternate treatment technology approval is contingent upon the following conditions: (i) Alternate treatment technology approval is granted only for the conditions specified in the manufacturer's instructions, equipment specifications, and operating procedures and conditions, including but not limited to: (I) treatment time(s); (II) temperature(s); (III) pressures; (IV) chemical concentration(s); (V) irradiation dose(s); (VI) feed rate(s); and (VII) waste load composition(s). (ii) Any significant revision on the part of the manufacturer to either the operating conditions of the equipment's existing process or technology, or the fundamental principles of the process itself, i.e., the equipment now utilizes a different technology in part or altogether, will require re-application for approval to the department. (B) Prior approval granted by a state other than Texas that utilizes a performance standards approach to review alternate treatment technologies shall be considered as a basis for approval by the department if the department is provided with a valid and current approval, license, or permit issued by such state and substantial evidence to indicate that the performance standards upon which the approval, license, or permit was issued are equal to or more stringent than the performance standards included in this section. (C) Facilities are not obligated to petition the department for approval for previously approved waste treatment technology they have currently on site, but the following items will apply should current equipment be replaced, regardless of reason: (i) if the new equipment reflects a previously approved technology and is operated in accordance with sec.1.133(b) of this title, then purchase and installation can proceed without further action on the part of the department or the purchaser; or (ii) if the new equipment represents an alternate treatment technology subject to prior approval by the department, based on performance standards as outlined in this section, then it is the purchaser's responsibility to ensure that the manufacturer has obtained such approval prior to purchase. (4) Fees and annual listing. (A) Initial application fee. (i) The department shall charge an initial application fee for the evaluation of an alternate treatment technology pursuant to this section in the amount of $4, 000. (ii) The initial application fee must be paid in full before the department undertakes its evaluation of the manufacturer's alternate treatment technology. (B) Annual listing. (i) Alternate treatment technologies must be listed at the time of the manufacturer's first sale of the product in Texas and prior to the product's purchase by a health care-related facility or any other person. (ii) Failure by the manufacturer to maintain the listing after purchase does not preclude use of the alternate treatment technology, its transfer or re-sale, so long as compliance with sec.1.136(c) of this title (relating to Approved Methods of Treatment and Disposition) is achieved. (iii) The department shall maintain a list of those approved alternate treatment technologies, including manufacturer, product name, model number, or other appropriate identifying information. The list shall be made available and distributed upon request by contacting the department. 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 23, 1994. TRD-9451622 Susan K. Steeg General Counsel Texas Department of Health Effective date: December 21, 1994 Proposal publication date: July 8, 1994 For further information, please call: (512) 458-7236 Chapter 37. Maternal and Child Health Services Midwives 25 TAC sec.37.175 The Texas Department of Health (department) adopts an amendment to sec.37. 175, concerning fees charged by the Midwifery Board for initial documentation and annual redocumentation of midwives, and late filing by midwives of documentation applications, without changes to the proposed text as published in the July 5, 1994 issue of the Texas Register (19 TexReg 5150), and will not be republished. The amendment complies with the Texas Midwifery Act (Act), Texas Civil Statutes, Article 4512i, sec.8A(d), which requires the Midwifery Board to establish reasonable and necessary fees so that the fees, in the aggregate, produce sufficient revenue to cover the costs of administering the Act. The amendment increases documentation fees for midwives to insure continued efficient administration of the Act. The following comments were received regarding the proposed amendment. COMMENT: Several commenters stated that the proposed fee increases would pose an economic hardship for many midwives. They suggested that the fees for initial documentation and re-documentation be increased to $100 rather than $200, and that the fee for late filing of a documentation application be increased to $100 rather than $75. RESPONSE: While the department acknowledges that the proposed fee increases could be a problem for certain midwives, it disagrees with the alternative fee increases suggested because they would not yield sufficient revenue to cover the costs of administering the Act as required by law. Therefore the proposed language has been retained. COMMENT: Several commenters suggested that if annual redocumentation applications were required in March rather than December, the adverse economic impact of the fee increase would be mitigated. RESPONSE: The Midwifery Board has indicated to the department that annual redocumentation should be retained in December. Therefore, no changes were made as a result of the comments. The commenters were all individuals who were generally opposed to the amendment. The amendment is adopted under Texas Civil Statutes, Article 4512i, sec.8A(d) concerning fees charged by the Midwifery Board; and Health and Safety Code, sec.12.001(b), which authorizes the Texas Board of Health to adopt rules for the performance of every duty imposed by law on the board, the department, and the commissioner of health. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on November 17, 1994. TRD-9451449 Susan K. Steeg General Counsel Texas Department of Health Effective date: December 19, 1994 Proposal publication date: July 5, 1994 For further information, please call: (512) 458-7700 The Texas Department of Health (department) adopts the repeal of sec.37.178 and new sec.37.178 concerning procedures for filing, processing, and investigating complaints by the Midwifery Board, without changes to the proposed text as published in the July 5, 1994, issue of theTexas Register and will not be republished. The new section defines complaint procedures, filing and processing of complaints, investigation of complaints, and grievance committee and board actions. The new section provides for a more efficient, thorough, and fair complaint resolution process in conjunction with proposed standards of practice and principles for midwives. The following comments were received on the new section as proposed. Comment: Several commenters stated that the proposed new complaint procedure would operate to prohibit midwives from attending births of twins, deliveries involving breech presentations, and vaginal births after c-section (VBACs), and also would infringe on the personal rights of women who choose to have a natural birth out of the hospital. Response: The proposed new section concerning investigation and processing of complaints was written in conjunction with the proposed standards of practice and principles and in compliance with existing legal limitations on the practice of midwifery. The commenters' concerns about midwives being unable to attend certain types of births should be addressed to the legislature because state law rather than the Midwifery Board limits the scope of midwives' practice. No changes were made to the proposed rule as a result of the comments. The commenters were individuals who were generally opposed to the new section. 25 TAC sec.37.178 The repeal is adopted under Texas Civil Statutes, Article 4512i, sec.8A(b) (5), which requires the Midwifery Board to adopt rules, subject to the approval of the Texas Board of Health, prescribing a procedure for reporting and processing complaints, sec.18C concerning the complaint procedure in general, and sec.18D, which requires the Midwifery Board to adopt rules concerning investigation of complaints; and under Health and Safety Code, sec.12.001(b), which provides the Board of Health with the authority to adopt rules for the performance of every duty imposed by law upon the board, the department, and the commissioner of health. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on November 17, 1994. TRD-9451450 Susan K. Steeg General Counsel Texas Department of Health Effective date: December 19, 1994 Proposal publication date: July 5, 1994 For further information, please call: (512) 458-7700 The new section is adopted under Texas Civil Statutes, Article 4512i, sec.8A(b)(5), which requires the Midwifery Board to adopt rules, subject to the approval of the Texas Board of Health, prescribing a procedure for reporting and processing complaints, sec.18C concerning the complaint procedure in general, and sec.18D, which requires the Midwifery Board to adopt rules concerning investigation of complaints; and under Health and Safety Code, sec.12.001(b), which provides the Board of Health with authroity to adopt rules for the performance of every duty imposed by law upon the board, the department, and the commissioner of health. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on November 17, 1994. TRD-9451451 Susan K. Steeg General Counsel Texas Department of Health Effective date: December 19, 1994 Proposal publication date: July 5, 1994 For further information, please call: (512) 458-7700 Chapter 38. Chronically Ill and Disabled Children's Services Program 25 TAC sec.38.6 The Texas Department of Health (department) adopts an amendment to sec.38. 6, concerning providers in the Chronically Ill and Disabled Children's Services (CIDC) Program, without changes to the proposed text as published in the September 6, 1994, issue of the Texas Register (19 TexReg 6959). This amendment was adopted on an emergency basis effective August 29, 1994 and is being withdrawn in this issue effective on the date of this final adoption. In rare instances, a medical or surgical procedure is available out of state (but not in Texas) which could significantly reduce CIDC expenditures and improve the quality of life for the child. Previously sec.38.6 restricted CIDC payment to Texas physicians only, and reimbursement for transportation, meals and lodging is restricted to in-state travel. Current CIDC funding restrictions could require that a child utilize a more expensive and less effective treatment. The amendment allows the commissioner of health to reimburse an out- of-state provider when a CIDC provider (a Texas physician), the CIDC program, and the patient, parent, or guardian have determined that an out-of-state provider is the provider of choice, that the service cannot be obtained in Texas, and that obtaining the service out of state would be cost effective to the CIDC program. The amendment requires that the treatment be accepted medical practice, and not experimental. Travel costs will be negotiated, with approval based on the overall cost effectiveness of the out-of-state treatment. No comments were received regarding adoption of the amendment. The amendment is adopted under Health and Safety Code, sec.35.004, which authorizes the Texas Board of Health (board) to adopt rules concerning the selection of providers in the CIDC program; and sec.12.001(b)(1), which authorizes the board to adopt rules for the performance of every duty imposed by law on the board, the department, and the commissioner of health. 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 28, 1994. TRD-9451561 Susan K. Steeg General Counsel Texas Department of Health Effective date: December 20, 1994 Proposal publication date: September 6, 1994 For further information, please call: (512) 458-7236 Chapter 61. Chronic Diseases Kidney Health Care Program [Benefits] 25 TAC sec.61.15 The Texas Department of Health (department) adopts new sec.61.15, concerning the Kidney Health Care Advisory Committee, with changes to the proposed text as published in the September 6, 1994, issue of the Texas Register (19 TexReg 6981). In accordance with Texas Civil Statutes (TCS), Article 6252-33, the department must evaluate each of its advisory committees to determine whether the committee should be continued, modified, consolidated with other committees, or abolished. The present advisory committee, the Kidney Health Care Advisory Committee, was established in 1973. Upon review by the department, rules and by-laws have been prepared for adoption by the board. No comments were received regarding the proposal of sec.61.15. However, the department made a change in the committee's termination process in subsection (e) from automatic termination in 1999 to board review at that time to determine continuation, consolidation or abolishment. The new section is adopted under Texas Civil Statutes, Article 6252-33, which set standards for the evaluation of advisory committees by the agencies for which they function, and under Health and Safety Code, sec.12.001, which provides the board with authority to adopt rules for the performance of every duty imposed by law upon the board, the department, and the commissioner of health. The new section will affect Health and Safety Code, Chapter 42. sec.61.15. Kidney Health Care Advisory Committee. (a) The committee. An advisory committee shall be appointed under and governed by this section. (1) The name of the committee shall be the Kidney Health Care Advisory Committee. (2) The Texas Health and Safety Code, sec.11.016, allows the Texas Board of Health to establish the committee. (b) Applicable law. The committee is subject to Texas Civil Statutes, Article 6252-33, relating to state agency advisory committees. (c) Purpose. The purpose of the committee is to provide advice to the board in the area of end-stage renal disease and to provide advice on current state-of- the-art treatment modalities, medication therapies, and prioritization of the needs of end-stage renal disease patients in Texas. (d) Tasks. (1) The committee shall advise the board concerning rules relating to the Kidney Health Care Division. (2) The committee shall: (A) make recommendations regarding benefits to be provided by the Kidney Health Care Division; (B) provide advice on the coordination of departmental and kidney health care activities with activities of other agencies and organizations involved in end- stage renal disease; and (C) secure the cooperation and active participation of agencies and organizations that may contribute to the effectiveness of the Kidney Health Care Division. (3) The committee shall carry out any other tasks given to the committee by the board. (e) Review and duration. By March 1, 1999, the board will initiate and complete a review of the committee to determine whether the committee should be continued, consolidated with another committee, or abolished. If the committee is not continued or consolidated, the committee shall be abolished on that date. (f) Composition. The committee shall be composed of nine members appointed by the board. The composition of the committee shall include two consumer representatives and seven nonconsumer representatives. (g) Terms of office. The term of office of each member shall be six years. (1) Members shall be appointed for staggered terms so that the terms of three members will expire on December 31st of each even-numbered year. (2) If a vacancy occurs, a person shall be appointed to serve the unexpired portion of that term. (h) Officers. The committee shall elect a presiding officer and an assistant presiding officer at its first meeting after August 31st of each year. (1) Each officer shall serve until the next regular election of officers. (2) The presiding officer shall preside at all committee meetings at which he or she is in attendance, call meetings in accordance with this section, appoint subcommittees of the committee as necessary, and cause proper reports to be made to the board. The presiding officer may serve as an ex-officio member of any subcommittee of the committee. (3) The assistant presiding officer shall perform the duties of the presiding officer in case of the absence or disability of the presiding officer. In case the office of presiding officer becomes vacant, the assistant presiding officer will serve until a successor is elected to complete the unexpired portion of the term of the office of presiding officer. (4) A vacancy which occurs in the offices of presiding officer or assistant presiding officer may be filled at the next committee meeting. (5) A member shall serve no more than two consecutive terms as presiding officer and/or assistant presiding officer. (6) The committee may reference its officers by other terms, such as chairperson and vice-chairperson. (i) Meetings. The committee shall meet only as necessary to conduct committee business. (1) A meeting may be called by agreement of department staff and either the presiding officer or at least three members of the committee. (2) Meeting arrangements shall be made by department staff. Department staff shall contact committee members to determine availability for a meeting date and place. (3) Each meeting of the committee shall be announced and conducted in accordance with the Open Meetings Act, Texas Government Code, Chapter 551. (4) Each member of the committee shall be informed of a committee meeting at least five working days before the meeting. (5) A simple majority of the members of the committee shall constitute a quorum for the purpose of transacting official business. (6) The committee is authorized to transact official business only when in a legally constituted meeting with quorum present. (7) The agenda for each committee meeting shall include an item entitled public comment under which any person will be allowed to address the committee on matters relating to committee business. The presiding officer may establish procedures for public comment, including a time limit on each comment. (j) Attendance. Members shall attend committee meetings as scheduled. Members shall attend meetings of subcommittees to which the member is assigned. (1) A member shall notify the presiding officer or appropriate department staff if he or she is unable to attend a scheduled meeting. (2) It is grounds for removal from the committee if a member cannot discharge the member's duties for a substantial part of the term for which the member is appointed because of illness or disability, is absent from more than half of the committee and subcommittee meetings during a calendar year, or is absent from at least three consecutive committee meetings. (3) The validity of an action of the committee is not affected by the fact that it is taken when a ground for removal of a member exists. (4) The attendance records of the members shall be reported to the board. The report shall include attendance at committee and subcommittee meetings. (k) Staff. Staff support for the committee shall be provided by the department. (l) Procedures. Roberts Rules of Order, Newly Revised, shall be the basis of parliamentary decisions except where otherwise provided by law or rule. (1) Any action taken by the committee must be approved by a majority vote of the members present once quorum is established. (2) Each member shall have one vote. (3) A member may not authorize another individual to represent the member by proxy. (4) The committee shall make decisions in the discharge of its duties without discrimination based on any person's race, creed, gender, religion, national origin, age, physical condition, or economic status. (5) Minutes of each committee meeting shall be taken by department staff. (A) A draft of the minutes approved by the presiding officer shall be provided to the board and each member of the committee within 30 days of each meeting. (B) After approval by the committee, the minutes shall be signed by the presiding officer. (m) Subcommittees. The committee may establish subcommittees as necessary to assist the committee in carrying out its duties. (1) The presiding officer shall appoint members of the committee to serve on subcommittees and to act as subcommittee chairpersons. The presiding officer may also appoint nonmembers of the committee to serve on subcommittees. (2) Subcommittees shall meet when called by the subcommittee chairperson or when so directed by the committee. (3) A subcommittee chairperson shall make regular reports to the advisory committee at each committee meeting or in interim written reports as needed. The reports shall include an executive summary or minutes of each subcommittee meeting. (n) Statement by members. The board, the department, and the committee shall not be bound in anyway by any statement or action on the part of any committee member except when a statement or action is in pursuit of specific instructions from the board, department, or committee. (o) Reports to board. The committee shall file an annual written report with the board. (1) The report shall list the meeting dates of the committee and any subcommittees, the attendance records of its members, a brief description of actions taken by the committee, a description of how the committee has accomplished the tasks given to the committee by the board, the status of any rules which were recommended by the committee to the board, anticipated activities of the committee for the next year, and any amendments to this section requested by the committee. (2) The report shall identify the costs related to the committee's existence, including the cost of agency staff time spent in support of the committee's activities. (3) The report shall cover the meetings and activities in the immediate preceding 12 months and shall be filed with the board each September. It shall be signed by the presiding officer and appropriate department staff. (p) Reimbursement for expenses. In accordance with the requirements set forth in Texas Civil Statutes, Article 6252-33, a committee member may receive reimbursement for the member's expenses incurred for each day the member engages in official committee business. (1) No compensatory per diem shall be paid to committee members unless required by law. (2) A committee member who is an employee of a state agency, other than the department, may not receive reimbursement for expenses from the department. (3) A nonmember of the committee who is appointed to serve on a subcommittee may not receive reimbursement for expenses from the department. (4) Each member who is to be reimbursed for expenses shall submit to staff the member's receipts for expenses and any required official forms no later than 14 days after each committee meeting. (5) Requests for reimbursement of expenses shall be made on official state travel vouchers prepared by department staff. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on November 17, 1994. TRD-9451619 Susan K. Steeg General Counsel Texas Department of Health Effective date: December 21, 1994 Proposal publication date: September 6, 1994 For further information, please call: (512) 458-7796 Chapter 98. HIV and STD Control Subchapter C. Texas HIV and Medication Program General Provisions 25 TAC sec.98.104, sec.98.105 The Texas Department of Health (department) adopts amendments to sec.98. 104 and sec.98.105, concerning the Texas HIV Medication Program, with changes to the proposed text as published in the October 4, 1994, issue of the Texas Register (19 TexReg 7873). The amended sections implement the provisions of the "Communicable Disease Prevention and Control Act," Health and Safety Code, Chapter 85.063, Subchapter C, concerning the Texas HIV Medication Program. The program assists hospital districts, local health departments, public or nonprofit hospitals and clinics, nonprofit community organizations, and HIV-infected individuals in the purchase of medications approved by the Texas Board of Health (board) that have been shown to be effective in reducing hospitalizations due to HIV-related conditions. Generally, the sections cover eligibility for participation and medication coverage. The amendments expand coverage of the program to include Stavudine, Clarithromycin, and Ethambutol for eligible participants. No comments were received regarding adoption of the amendments. The amendments are adopted under the Health and Safety Code, sec.85.063, which provides the board with the authority to adopt rules concerning the Texas HIV Medication Program; under Health and Safety Code, sec.12.001, which provides the board with the authority to adopt rules for the performance of every duty imposed by law on the board, the department, and the commissioner of health. sec.98.104. Medication coverage. The following medications will be provided to each eligible participant. (1)-(16) (No change.) (17) Stavudine must be provided in increments of 60 not to exceed 60 capsules per month. (18) Clarithromycin must be provided in increments of 60 not to exceed 60 tablets per month. (19) Ethambutol must be provided in increments of 100 not to exceed 100 tablets per month. sec.98.105. Drug specific eligibility criteria. A person is eligible for: (1)-(13) (No change.) (14) Stavudine for the treatment of adults with advanced HIV infection who are unable to tolerate Zidovudine, Didanosine, or Zalcitabine or who have experienced significant clinical or immunologic deterioration while receiving these antiretrovirals or for whom such antiretrovirals are contraindicated. (15) Clarithromycin and Ethambutol for the treatment and prophylaxis of Disseminated Mycobacterium Avium Complex (MAC). This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on November 17, 1994. TRD-9451445 Susan K. Steeg General Counsel Texas Department of Health Effective date: December 19, 1994 Proposal publication date: October 4, 1994 For further information, please call: (512) 458-7357 Subchapter C. Texas HIV Medication Program The Texas Department of Health (department) adopts the repeal of sec.98. 121 and adopts new sec.98.121, concerning the Texas HIV Medication Advisory Committee with changes to the text as proposed in the September 6, 1994 issue of the Texas Register (19 TexReg 6986). The new section covers applicable law, purpose, tasks, abolishment, terms of office, officers, meetings, attendance, staff, procedures, subcommittees, statements by members, reports to the board, reimbursement of members' expenses, and the section's effective date. In accordance with Texas Civil Statutes, Article 6252-33, the department must evaluate each of its advisory committees to determine whether the committee should be continued, modified, consolidated with other committees, or abolished. The present advisory committee, the Texas HIV Medication Advisory Committee, was established in 1989. Upon review by the department, the committee's rules have been revised to conform with Article 6252-33, and to be consistent with rules for other advisory committees. COMMENT: One comment was received from the Texas Pharmaceutical Association opposing the removal of the pharmacist position. One comment was received from an individual opposing the removal of the pharmacist position. RESPONSE: The board agreed and reduced physician membership by one and added a position to be filled by a pharmacist who participates in the HIV Medication program. COMMENT: One staff comment was received to remove the acronym ARC, which stands for Aids Related Condition, in subsection (f)(3). RESPONSE: The department agrees and has removed "ARC". The department made a change in the committee's termination process in subsection (e) from automatic termination in 1999 to board review at that time to determine continuation, consolidation or abolishment. Minor editorial changes were made for clarification purposes. Advisory Committee 25 TAC sec.98.121 The repeal is adopted under Texas Civil Statutes, Article 6252-33, which sets standards for the evaluation of advisory committees by the agencies for which they function; Health and Safety Code, sec.12.001, which provides the Texas Board of Health (board) with authority to adopt rules for the performance of every duty imposed by law upon the board, the department, and the commissioner of health; and Health and Safety Code, sec.85.066 which authorizes the department to establish the Texas HIV Medication Advisory Committee. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on November 17, 1994. TRD-9451204 Susan K. Steeg General Counsel Texas Department of Health Effective date: December 12, 1994 Proposal publication date: September 6, 1994 For further information, please call: (512) 458-7357 The new section is adopted under Texas Civil Statutes, Article 6252-33, which sets standards for the evaluation of advisory committees by the agencies for which they function; Health and Safety Code, sec.12.001, which provides the Texas Board of Health (board) with authority to adopt rules for the performance of every duty imposed by law upon the board, the department, and the commissioner of health; and Health and Safety Code, sec.85.066 which authorizes the department to establish the Texas HIV Medication Advisory Committee. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on November 17, 1994. TRD-9451205 Susan K. Steeg General Counsel Texas Department of Health Effective date: December 12, 1994 Proposal publication date: September 6, 1994 For further information, please call: (512) 458-7357 The new section is adopted under Texas Civil Statutes, Article 6252-33, which sets standards for the evaluation of advisory committees by the agencies for which they function; Health and Safety Code, sec.12.001, which provides the Texas Board of Health (board) with authority to adopt rules for the performance of every duty imposed by law upon the board, the department, and the commissioner of health; and Health and Safety Code, sec.85.066 which authorizes the department to establish the Texas HIV Medication Advisory Committee. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on November 17, 1994. TRD-9451205 Susan K. Steeg General Counsel Texas Department of Health Effective date: December 12, 1994 Proposal publication date: September 6, 1994 For further information, please call: (512) 458-7357 TITLE 30. ENVIRONMENTAL QUALITY Part I. Texas Natural Resource Conservation Commission Chapter 330. Municipal Solid Waste The Texas Natural Resource Conservation Commission (TNRCC) adopts amendments to sec.sec.330.2, 330.4, 330.641-330.643, 330.1001-330.1006, 330.1008, and 330.1009, and new sec.330.171 and sec.330.1010, concerning medical waste. Sections 330.4, 330.171, 330.641-330.643, 330.1003-330.1006, and 330.1008-330. 1010 are adopted with changes to the proposed text as published in the July 15, 1994, issue of the Texas Register (19 TexReg 5444). Section 330.2 and sec.330.1002 are adopted without changes and will not be republished. The amendments and new sections are being adopted in order to clarify and properly delineate the jurisdiction of TNRCC in rules that were transferred in their entirety from the Texas Department of Health (TDH) to TNRCC by acts of the 72nd Legislature (1993). The amendments and new section clarify definitions; provide that approved, on- site treatment processes need not be registered or permitted by TNRCC; provide for recordkeeping and insurance responsibilities; set out requirements for reports and fees; specify exemptions; add additional treatment methods; set out performance standards; provide for violations and penalties; change certain references to TDH to reflect the role of TNRCC; stipulate procedures for documentation; remove the option of landfill deposition for untreated special waste from health care-related (SWFHCRF); require medical waste transport vehicles to refrigerate waste held for more than 72 hours; and provide for the regulation of mobile on-site treatment of SWFHCRF. A summary of comments received and the commission's responses are as follows: Regarding sec.330.4(i), one commenter stated that all treatment facilities should require permitting in order to treat medical waste. The commission disagrees with this statement. To require a permit of every autoclave or every health care facility which treats its waste chemically would be inefficient use of state resources. Regarding sec.330.1004, two commenters requested changing the wording of "moist heat disinfection" to "microwave/macrowave disinfection" in subsection (c)(1) and one commenter opposed the new requirement concerning registration of on-site treatment providers as specified in subsection (c)(2). The commission disagrees with the first comment, because moist heat disinfection is the terminology currently in use under the existing rules and is derived from the definitions found in 25 TAC sec.1.132. With respect to the second comment, the only new wording of sec.330.1004(c)(2) is in regards to providers of on-site treatment on mobile vehicles. The commission is not requiring registration of stationery on- site, generator-operated, treatment processes. The requirement that all treatment be done in accordance with 25 TAC sec.1.136 is not being amended. Seven commenters remarked on sec.330.1004(c)(4)(E). Two commenters were completely supportive, three were supportive with modifications, and two were completely non-supportive, contending that routine performance monitoring of waste treatment processes is unnecessary and costly. The requested modifications included decreasing the frequency of testing; disallowing routine parameter monitoring in lieu of biological monitoring; and requiring 6 log [sub]10 reduction rather than 4 log [sub]10 reduction as proposed. The commission recognizes the fact that much of the medical waste generated by health care- related facilities does not require handling any different from regular municipal solid waste, and that treated SWFHCRF does not have to be STERILE in order to be safely landfilled. However, to insure that waste has been treated adequately, the new requirement for routine performance monitoring has been added. Five of the seven commenters argued that the proposed testing frequency was excessive. The commission agrees with this comment to the extent that the frequency of testing should be more appropriately based on volume of waste treated per month. The commission believes that since the testing protocol is not specified, this type of routine monitoring should not cause a financial burden. The commission also disagrees with the request to disallow routine parameter monitoring and increased level of kill. For those treatment units which are able to document with a continuous readout that the required parameters are being met, either with previously approved or alternate treatment technologies approved under 25 TAC sec.1.135, the end result should be achieved. One commenter suggested that the statement in sec.330.1004(c)(5) is unnecessary since the Solid Waste Disposal Act adequately addresses violations and penalties. The commission disagrees. The statement is included simply to make the generator aware of its responsibility. Two commenters remarked that the definition of "on-site" in sec.330.1004(f) should not be limited to entities which are licensed under the TDH. The commission agrees to the extent that the definition will be expanded to include those facilities which in the discretion of the executive director would fall into a similar category of facility as defined under the existing and proposed definition. One commenter recommended changing the wording of sec.330.1004(f)(4) to "... any structure owned and/or managed by a single entity...". The commission agrees and this section was changed accordingly. One commenter stated that there is conflicting language between the provisions in sec.330.1004(f) and sec.330.1008 and recommended rewording sec.330. 1004(f)(4)(E) to include medical waste collection stations. The commission disagrees. The two referenced sections regulate two entirely different situations. Section 330.1004(f) defines that which constitutes "on-site", thereby allowing additional latitude for treatment by the generator. Under sec.330.1008, registered medical waste collection stations may accept untreated waste from generators of less than 50 pounds per month of SWFHCRF and who transport their own waste. However, sec.330.1008(c)(5) specifies that a facility registered as a medical waste collection station may not otherwise treat the waste unless permitted as treatment facility. Therefore, waste accepted by a medical waste collection station and which does not meet the definition in sec.330.1004(f)(4)(E) may not be treated as "on-site" waste. The statement as put forth by this commenter would have the effect of allowing off-site generated waste to be treated as on-site generated waste. One commenter recommended that the rules should provide that regulated medical waste be packaged and labelled in accordance with applicable DOT and OSHA requirements. The commission disagrees as existing packaging/labelling requirements are not inconsistent with other applicable regulations and were not proposed for amendment in this rulemaking. Regarding sec.330.1005, one commenter recommended that the wording of sec.330. 1005(j) be modified to make clear that state and federal government entities whose debts and liabilities are the debts and liabilities of a state or the United States are exempt from the requirements of that subsection. The commission agrees with this comment to the extent that the wording of sec.330. 1005(j) will more specifically delineate the exemption of state and federal government entities from financial assurance. Three commenters recommended changes to statements in sec.330.1005(j)(2)(G) and (3)(B) to ensure that the ability of small insurance carriers to provide required financial assurance to registered medical waste transporters is not compromised. The commission agrees with this comment to the extent that insurance carriers approved by the executive director may also qualify as acceptable insurance providers. The requirements in sec.330.1005(j) have been re-worded to reflect this change. One commenter recommended that TNRCC provide for a phase-in period of at least six months for the new re-labelling requirement in sec.330.1005(g)(1)(D). The commission disagrees. TNRCC has not received comments to indicate that this change will cause an economic hardship on registered transporters. One commenter recommended that TNRCC provide for a phase-in period of at least 12 months for transporters to meet the other new requirements of sec.330. 1005. The commission disagrees. The only significant change affecting transporters and which generated objections has been addressed in sec.330.1009. TNRCC has not received comments to indicate that any other changes will cause an economic hardship on registered transporters. A commenter stated the the commission should reconsider burdensome manifesting requirements. The commission replies that the only "manifesting requirements" affected by the proposed amendments are: requiring the shipping document to accompany the waste to its final destination; and requiring that the copy bearing documentation of receipt by the treatment facility be returned to the generator. The commission disagrees that these requirements are burdensome. Regarding sec.330.1008, one commenter noted that the first reference to the "department" in sec.330.1008(a) still refers to the Department of Health and should not be changed to read the "commission". The commission replies that the wording has been changed accordingly. Regarding sec.330.1009, one commenter stated that the proposed 72-hour limit for holding unrefrigerated untreated medical waste does not allow adequate time for collection and disposal in the West Texas area, and that 30 days with properly operated equipment should be sufficient. The commission disagrees with the second part of this comment. Existing regulations have already addressed the issue of facilities which accept untreated medical waste and which hold that waste for more than 72 hours requiring refrigeration. The commenter also stated the argument that some microorganisms can in fact persist under refrigeration temperatures. While this statement may have some validity, the statement should be clarified to point out that such organisms will not multiply under these conditions. The organisms of concern, however, are those that cause putrescence. Such organisms will multiply rapidly without refrigeration. In light of this, general sanitation concerns are raised. Preventing the creation of a "public nuisance" is the primary concern regarding the storage of "garbage-like" waste. However, the commission recognizes the possibility that an economic hardship may be placed on both generators and transporters whose business activities have them situated excessively long distances from permitted treatment facilities. The commission will thus allow the statement in sec.330.1009(d) to be amended to allow the holding of untreated medical waste by registered transport vehicles up to one week without refrigeration if the transporter's base of operations is located more than 200 miles from a permitted processing facility. This is consistent with an exemption provided sec.335.69(g). Also regarding sec.330.1009, one commenter suggested defining the term "held" in regards to subsections (d) and (e). The commission disagrees. The term is self-explanatory. Regarding sec.330.1010(m), one commenter suggested that the language should be altered to allow treated waste to go to a regular waste-to-energy MSW incinerator, one commenter argued that providers of on-site treatment on mobile vehicles should be allowed to transport treated waste, and one commenter was completely supportive of the regulation as proposed. The commission disagrees with both objections. The proposed wording of this paragraph states the waste must be in a form that is suitable for landfilling. This statement ensures that the waste has been treated properly, and does not preclude that facility's MSW from being processed at a permitted waste-to-energy MSW incinerator. With the exception of recognizable body parts and intact sharps, there are no additional requirements for disposal of treated medical waste-it may be disposed as MSW. In order to promote the use by large facilities of treatment capabilities which provide some degree of volume reduction of treated waste as well as reduction of potential sharps injury, and to reduce the volume of untreated waste being transported over public roadways, the proposed new section requires only minimal financial assurance. Since waste would not normally be transported by self- contained treatment units, there is no need to require costly pollution liability insurance or a letter of credit. However, to prevent the possible transportation of untreated waste by an entity not carrying sufficient financial assurance, the commission will amend the proposed wording of sec.330. 1010(m) to allow waste treated on-site by providers of on-site treatment on mobile vehicles to be transported to a permitted facility if the provider of treatment is also registered with the commission in accordance with sec.330. 1005. Two commenters remarked that with respect to sec.330.1010(p), TNRCC should lower the registration fee for providers of on-site treatment on mobile vehicles. The commission disagrees. The proposed fees are reasonable and consistent with existing limits placed on transporters. One commenter recommended changing proposed sec.330.1010(r) to read "... and only operated by a staff member of that facility, a member of the joint operating group, or the group's authorized operating contractor". The commission agrees with this comment and the change has been made accordingly. One commenter recommended that sec.330.1010 be changed to include additional specific items requirements for mobile treatment units. These included: radiation detectors, electronic scales, and safety stations built into the mobile treatment units. This commenter also recommended that the mobile unit should not be allowed to remain on-site in any one place over 12 hours. While not opposed to these recommendations, the commission recognizes that all of these concerns are addressed in other areas of these or other rules. For example, sec.330.1010(i) requires that untreated SWFHCRF not be mixed with radioactive waste before or after treatment. Mobile treatment operators will be required to provide the information required in sec.330.1004(c) to the generator. This includes the weight of waste treated. It is left up to the individual operator to determine how to comply with these requirements. Additionally, operators of mobile units will be subject to the standards set forth by the federal Occupational Safety and Health Administration and will have to determine for themselves how they will comply with federal standards. With regards to the suggestion that mobile units should not remain in one place longer than 12 hours, the commission disagrees with this comment. The term "on- site" defines the origin of the waste with respect to the location whereon it is treated. The period of time that the waste remains on-site is not relevant. The issue is that it is still treating waste on-site and no permit or registration is required for this type of activity. One commenter suggested that the regulations should require home health agencies to assure that patients properly dispose of used sharps. The commission recognizes that needle-sticks incurred by residential waste handlers are a problem. Currently, Texas does not regulate household waste. Home health care providers only provide services to a portion of the public that generates sharps at home. Most of these entities are already addressing the issue of sharps disposal by patients and are providing education to that end in order to reduce their own liability. Concerning a mail sharps or needle return program, there is nothing in the existing regulations that would prevent health care facilities from accepting used sharps back from their home health patients, and in fact, the commission would encourage this approach. In light of this information, the commission disagrees with this comment. One commenter stated that untreated regulated medical waste should be prohibited from landfills. The Commission replies that existing municipal solid waste management rules already prohibit untreated medical waste in Texas landfills. One commenter submitted many comments concerning the utilization of microwave technology in the treatment of medical waste. The commission responds that moist heat disinfection utilizing microwaves under specific parameters is currently an approved technology. If the microwave technology does not meet the current definition, it qualifies as an alternative technology, review of which is under the auspices of the TDH. One commenter suggested that the proposed approach to mobile on-site treatment services is not authorized by statute and would, if adopted, create standards that fail to adequately regulate mobile facilities. The commission disagrees. The Solid Waste Disposal Act grants the commission the powers and duties specifically prescribed by the Act and all other powers necessary or convenient to carry out its responsibilities. The commission also believes that the standards are adequate for the regulation of mobile facilities. One commenter contended that minor discrepancies between the TDH rules and the TNRCC rules may negatively impact generators and some companies. The commission disagrees that there are any discrepancies between the two agencies' rules which would negatively impact the regulated community. One commenter recommended that all sharps be shredded prior to disposal. The commission disagrees with this comment. Proper sharps management can be achieved without shredding. The option of treatment on-site is designed to provide generators with safe alternatives to illegal dumping. Two commenters expressed strong support for all areas of the porposed changes. The Texas Department of Health, Winfield Environmental Corporation, Environmental Health Management Systems, and Med Compliance Services commented in favor of adoption of the rules. Fugro Environmental, Inc., Sun Medical Technologies, Microwaste Corporation, and ABB Sanitec, Inc., were in support of adoption with minor changes. The University of Texas System, the University of Texas M.D. Anderson Cancer Center, DeRoyal Industries, Isolyser, Browning Ferris Industries, Mediwaste Disposal Service, Inc., and Texas Hospital Association commented against adoption of specific details. Subchapter A. General Information 30 TAC sec.330.2, sec.330.4 The amendments are adopted under the authority of the Health and Safety Code, Chapter 361, which provides the Texas Natural Resource Conservation Commission with all powers necessary and convenient to carry out its responsibilities concerning the regulation and management of municipal solid waste. sec.330.4. Permit Required. (a)-(h) (No change.) (i) A permit or registration under this chapter is not required for the operation of an approved treatment process unit (as provided in sec.330.1004(c) (1) of this title, relating to Generators of Medical Waste)) used only for the treatment of on-site (as defined in sec.330.1004(f)) generated special waste from health care-related facilities. This agency hereby certifies that the rules as adopted have been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on November 29, 1994. TRD-9451605 Mary Ruth Holder Director, Legal Services Division Texas Natural Resource Conservation Commission Effective date: December 20, 1994 Proposal publication date: July 15, 1994 For further information, please call: (512) 239-6087 Subchapter G. Operational Standards For Solid Waste Processing and Experimental Sites 30 TAC sec.330.171 The new section is adopted under the Texas Health and Safety Code, Chapter 361, which provides the commission all powers necessary and convenient under the chapter to carry out its responsibilities concerning the regulation and management of municipal solid waste. sec.330.171. Recordkeeping Requirements Applicable to Owners or Operators of Type V Processing Facilities. Owners or operators of a Type V processing facility shall not accept delivery of special waste from health care-related facilities for which a shipping document is required under sec.330.1005 of this title (relating to Transporters of Medical Waste) for processing unless each of the following requirements is met: (1) a shipping document accompanies the shipment which designates that Type V facility to receive the waste; and (2) the owner or operator signs the shipping document and immediately gives at least one copy of the signed shipping document to the transporter; and (3) the owner or operator retains one copy of the shipping document; and (4) within 30 days after the delivery, the owner or operator sends a copy of the shipping document to the generator. This agency hereby certifies that the rules as adopted have been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on November 29, 1994. TRD-9451606 Mary Ruth Holder Director, Legal Services Division Texas Natural Resource Conservation Commission Effective date: December 20, 1994 Proposal publication date: July 15, 1994 For further information, please call: (512) 239-6087 Subchapter P. Fees and Reports 30 TAC sec.sec.330.641-330.643 The amendments are adopted under the Texas Health and Safety Code, Chapter 361, which provides the commission all powers necessary and convenient under the chapter to carry out its responsibilities concerning the regulation and management of municipal solid waste. sec.330.641. Purpose and Applicability. (a) Purpose. The purpose of the annual registration fee for transporters of untreated medical waste and providers of on-site treatment of special waste from health care related facilities on mobile vehicles is to recover costs incurred by the state in operating its regulatory programs related to these services. (b) Applicability. These sections apply only to transporters of untreated medical waste and providers of on-site treatment of special waste from health care related facilities on mobile vehicles who are required to register with the Texas Natural Resource Conservation Commission. sec.330.642. Annual Reports. Annual summary reports are required in accordance with applicable provisions in sec.330.1005(r) of this title (relating to Transporters of Medical Waste) and sec.330.1010(q) of this title (relating to On-Site Treatment Services on Mobile Vehicles). sec.330.643. Annual Registration Fees. Annual registration fees are required in accordance with applicable provisions in sec.330.1005(q) of this title (relating to Transporters of Medical Waste) and sec.330.1010(p) of this title (relating to On-Site Treatment Services on Mobile Vehicles). This agency hereby certifies that the rules as adopted have been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on November 29, 1994. TRD-9451607 Mary Ruth Holder Director, Legal Services Division Texas Natural Resource Conservation Commission Effective date: December 20, 1994 Proposal publication date: July 15, 1994 For further information, please call: (512) 239-6087 Subchapter Y. Medical Waste Management 30 TAC sec.sec.330.1001-330.1006, 330.1008-330.1010 The new and amended rules are adopted under the Texas Health and Safety Code, Chapter 361, which provides the commission all powers necessary and convenient under the chapter to carry out its responsibilities concerning the regulation and management of municipal solid waste. sec.330.1001. Purpose. The purpose of these sections is to establish procedures and requirements for the handling, transportation, and disposal of special waste from health care related facilities as defined in 25 TAC sec.1.132 (relating to Definitions) which has been identified by the Board of Health as waste which requires special handling to protect human health or the environment. sec.330.1003. Definitions. The words, terms, and abbreviations, when used in these sections, are defined in 25 TAC sec.1.132 (relating to Definitions) and/or in sec.330.2 of this title (relating to Definitions). When the definitions found in 25 TAC sec.1.132 (relating to Definitions) are changed, such changes shall prevail over the definitions found in sec.330.2 of this title (relating to Definitions). sec.330.1004. Generators of Medical Waste. (a) The requirements of this section are applicable to any entity which generates special wastes from health care related facilities including, but not limited to, the entities identified in 25 TAC sec.1.134 (relating to Application), but are not applicable to the entities identified as follows: (1) single or multi-family dwellings; and (2) hotels, motels or other establishments which provide lodging and related services for the public. (b) All entities subject to this section shall identify and segregate special wastes from health care related facilities, as defined in sec.330.2 of this title (relating to Definitions), from ordinary rubbish and garbage produced within or by the entity. Other regulated medical waste, as defined in sec.330.2 of this title (relating to Definitions), may be combined with special wastes from health care related facilities or may be identified and segregated as a separate waste stream. Where special wastes from health care related facilities and other regulated medical wastes are mixed, the mixed waste shall be considered to be special waste from health care related facilities. (c) Requirements for special wastes from health care related facilities, if treated on-site, shall be as follows. (1) Special waste from health care related facilities shall be treated in accordance with the provisions of 25 TAC sec.1.136(a) (relating to Approved Methods of Treatment and Disposition). Alternative treatment technologies may be approved in accordance with requirements found in 25 TAC sec.1.135 (relating to Performance Standards for Commercially-Available Alternate Treatment Technologies for Special Waste from Health-Care Related Facilities). The approved treatment methods as defined in 25 TAC sec.1.132 (relating to Definitions) are: (A) chemical disinfection; (B) incineration; (C) encapsulation (only for sharps in containers); (D) steam disinfection; (E) thermal inactivation; (F) chlorine disinfection/maceration; (G) moist heat disinfection. (2) An entity which treats waste generated on-site shall comply with the provisions of 25 TAC sec.1.136(c) (relating to Approved Methods of Treatment and Disposition). An entity providing on-site treatment services on mobile vehicles shall register with the Texas Natural Resource Conservation Commission (TNRCC) in accordance with sec.330.1010 of this title (relating to On-Site Treatment Services on Mobile Vehicles). (3) An entity which generates 50 pounds or less per calendar month of special wastes from health care related facilities on-site and which treats all or part of the wastes on-site shall maintain a written record which, at a minimum, contains the following information: (A) the date of treatment; (B) the amount of waste treated; (C) the method/conditions of treatment; and (D) the name (printed) and initials of the person(s) performing treatment. (4) An entity which generates more than 50 pounds per calendar month of special wastes from health care related facilities and which treats all or part of the wastes on-site shall maintain a written record which, at a minimum, contains the following information for each batch of waste treated: (A) the date of treatment; (B) the amount of waste treated; (C) the method/conditions of treatment; (D) the name (printed) and initials of the person(s) performing treatment; and (E) a written procedure for the operation and testing of any equipment used and a written procedure for the preparation of any chemicals used in treatment. (i) A minimum 4 log [sub]10 reduction (as defined in 25 TAC sec.1.132) shall be demonstrated on routine performance testing using appropriate Bacillus species biological indicators (as defined in 25 TAC sec.1. 132). Testing shall be conducted at the following intervals: (I) for generators of greater than 50 pounds but less than or equal to 100 pounds per month, testing shall be conducted at least once per month; (II) for generators of greater than 100 pounds but less than or equal to 200 pounds per month, testing shall be conducted at least biweekly; (III) for generators of greater than 200 pounds per month, testing shall be conducted at least weekly; (ii) For those processes for which the manufacturer has documented compliance with the performance standard prescribed in 25 TAC sec.1.135 (relating to Performance Standards for Commercially-Available Alternate Treatment Technologies for Special Waste from Health-Care Related Facilities) based on specified parameters (for example, pH, temperature, pressure, etc.), and for previously approved treatment processes for which a continuous readout of operating parameters is available, routine parameter monitoring may be substituted for biological monitoring. (iii) The manufacturer of single-use, disposable treatment units shall be responsible for maintaining adequate quality control for each lot of single-use products. (iv) Medical waste incinerators shall comply with the requirements in sec.111.123 of this title (relating to Medical Waste Incinerators) in lieu of biological or parametric monitoring. (5) The generator shall provide for the appropriate disposal of treated and untreated special waste from health care related facilities. (d) Requirements for disposal of special wastes from health care related facilities which have been treated on-site in accordance with the provisions of 25 TAC sec.1.136(a) (relating to Approved Methods of Treatment and Disposition) are as follows. (1) Microbiological waste, blood, blood products, body fluids, laboratory specimens of blood and tissue, and animal bedding which have been treated in accordance with the provisions of 25 TAC sec.1.136(a) (relating to Approved Methods of Treatment and Disposition) may be discarded with routine municipal solid waste provided any markings which identify the waste as a special waste from health care related facilities are covered with a label which identifies the waste as treated medical waste. The identification of the waste as treated may be accomplished by the use of color-coded, disposable containers for the treated waste or by a label which states that the contents of the disposable container have been treated in accordance with the provisions of 25 TAC sec.1.136(a) (relating to Approved Methods of Treatment and Disposition). (2) Carcasses and body parts of animals designated as a special waste from health care related facilities which have been treated in accordance with the provisions of 25 TAC sec.1.136(a) (relating to Approved Methods of Treatment and Disposition) may, after treatment, be disposed of in a permitted landfill in accordance with the provisions of sec.330.136(b)(2) of this title (relating to Disposal of Special Wastes). The collection and transportation of these wastes shall conform to the applicable local ordinance or rule, if such ordinance or rule is more stringent than these sections. (3) Recognizable human body parts, tissues, fetuses, organs, and the products of human abortions, spontaneous or induced, shall not be disposed of in a municipal solid waste landfill. These items shall be disposed of in accordance with the provisions of 25 TAC sec.1.136(a)(4) (relating to Approved Methods of Treatment and Disposition). (4) Sharps which have been treated in accordance with the provisions of 25 TAC sec.1.136(a) (relating to Approved Methods of Treatment and Disposition) shall be disposed of as follows. (A) Broken glassware and pipets may be placed in puncture-resistant packaging and discarded with routine municipal solid waste. (B) Hypodermic needles, syringes with attached needles, scalpel blades, and/or razors shall be placed in containers designed for sharps. If the container's contents have not been encapsulated, then the container shall be segregated from the regular municipal solid waste collection system and shall be collected and transported without compaction for disposal in a permitted municipal solid waste landfill. (C) Sharps placed in containers designed for sharps may be encapsulated by addition of an agent to the container which will solidify and encase the contents of the container with a solid matrix. The agent must completely fill the container. The container and solidified contents must withstand an applied pressure of 40 pounds per square inch without disintegration. The container shall be identified as containing sharps which have been encapsulated in accordance with this subparagraph and may be discarded with routine municipal solid waste. (D) Sharps which have been treated by an approved method which incorporates grinding and/or shredding may be disposed as routine municipal solid waste if the sharps have been made unrecognizable and significantly reduced in ability to cause puncture wounds. (e) Unused hypodermic needles, syringes with attached needles, and scalpel blades shall be disposed of as treated sharps as specified in subsection (d)(4)(B) or (C) of this section. (f) For the purposes of this section, on-site shall mean a facility consisting of: (1) any contiguous structures, or portion thereof, which are operated by single entity; (2) any structures located on contiguous properties which are operated by single entity; (3) any combination of structures operating as a single entity under a license issued by the Texas Department of Health (department); (4) any combination of structures operated as a single entity by the State of Texas which the executive director determines would otherwise meet the definition of paragraphs (1)-(3) of this subsection; and (5) any structure owned and/or managed by a single entity described in paragraph (3) or (4) of this subsection and which meets the following requirements: (A) general waste management shall be provided by the entity to facilities within the structure; (B) individual generators within the structure shall maintain records in accordance with subsections (h)(4) and (5) of this section; (C) waste shall be identified and packaged in accordance with subsection (i) of this section; (D) if waste must be transported over public roadways (excluding crossing a public roadway), compliance with sec.330.1005 of this title (relating to Transporters of Medical Waste) is required; (E) waste from any source other than a facility in such structure shall not be accepted as on-site generated waste; (F) if the waste is not to be treated on-site, it shall be released only to a registered medical waste transporter. The entity shall provide the transporter with a list of the waste collected as well as the identity of the waste generator. (g) Other regulated medical waste which has not been mixed or commingled with special wastes from health care related facilities may be discarded with routine municipal solid waste provided a label has been affixed to the container which states that the waste within the container is not a special waste from health care related facilities. If such waste is not contained within recognizable biohazard bags, no label is required. (h) Requirements for shipment of untreated special wastes from health care related facilities off site are as follows. (1) Untreated special wastes from health care related facilities which are to be shipped off site for treatment or disposal must be identified and packaged in accordance with the provisions of subsection (i) of this section. (2) Shipments of untreated special wastes from health care related facilities shall be released only to a transporter who is registered with the commission to transport special wastes from health care related facilities as required in sec.330.1005 of this title. Release of untreated waste to unregistered transporters shall be a violation of this paragraph. This requirement shall not be effective until 60 days after the effective date of rules requiring registration of transporters of special wastes from health care related facilities. (3) The generator shall obtain from the transporter a signed receipt for each shipment of regulated medical waste using a form provided by, or approved by, the commission. (4) The generator shall maintain a file of receipts for shipments of special waste from health care related facilities for a period of three years following the date of shipment. This time period may be extended by the commission for investigative purposes or in case of enforcement action. Failure to maintain the file of receipts in an orderly fashion, destruction of receipts prior to the end of the specified time, or destruction of receipts prior to the expiration of an extended retention time shall be a violation of this paragraph. (5) The file of receipts for shipments of special wastes from health care related facilities shall be available for inspection by commission personnel during normal business hours without prior notice. Refusal to allow commission personnel to inspect such file during normal hours shall be a violation of this paragraph. (6) For the purpose of this subsection, the United States Postal Service is a registered transporter. A receipt for registered mail shipment shall satisfy the requirements of paragraph (3) of this subsection. (i) Requirements for identification and packaging of special wastes from health care related facilities are as follows. (1) Special wastes from health care related facilities, other than sharps, shall be placed in a plastic bag which meets the requirements of ASTM Standard Number D 1709-85 using a 165 gram dart. If empty containers which held free liquids are placed into the bag, one cup of absorbent material for each six cubic feet, or fraction thereof, of bag volume must be placed in the bottom of the bag. (2) The bag containing special wastes from health care related facilities shall be placed in a rigid container which is constructed of a material which meets or exceeds the strength of 200 pound, C-Flute board. (3) If the waste contains free liquids in containers, the plastic bag and/or the rigid container shall contain absorbent material sufficient to absorb 15% of the volume of free liquids placed in the bag. (4) The outer container shall be conspicuously marked with a warning legend which must appear in English and in Spanish, along with the international symbol for biohazardous material. The warning must appear on the sides of the container, twice in English and twice in Spanish. The wording of the warning legend shall be as follows: "CAUTION, contains medical waste which may be biohazardous" and "CAUCION, contiene desechos medicos que pueden ser biopeligroso." (5) The generator shall affix to each container a label which contains the name and address of the generator and either the date of shipment or an identification number for the shipment. (6) The transporter shall affix to each container a label which contains the name, address, telephone number, and state registration number of the transporter. This information may be printed on the container. (7) The printing on labels required in paragraphs (5) and (6) of this subsection shall be done in indelible ink with letters at least 0.5 inch in height. A single label may be used to satisfy the requirements of paragraphs (5) and (6) of this subsection. If a single label is used, the transporter shall insure the label is affixed to or printed on the container. (8) The requirements of paragraphs (5) and (6) of this subsection shall not apply to shipments where the United States Postal Service is the transporter. (9) Sharps must be placed in a marked, puncture-resistant rigid container designed for sharps. This container may be placed in the plastic bag described in paragraph (1) of this subsection. The bag must then be placed in a rigid container as described in paragraph (2) of this subsection. (j) The commission may waive any or all of the requirements in this section when, in the judgment of the executive director or his/her designee, a situation exists which requires a waiver of such requirements in order to protect the public health and safety from the effects of a natural or man-made disaster. sec.330.1005. Transporters of Medical Waste. (a) The requirements of this section are applicable to any person who collects for transport or who transports untreated medical waste which is designated as a special waste from health care related facilities unless that person is exempt under the provisions of subsection (p) of this section. (b) Transporters shall register their operations with the commission no later than the effective date of these sections. Persons who plan to transport untreated special waste from health care related facilities after the effective date of this section shall register with the commission prior to commencing operations. Registration forms will be provided by the commission upon request. The following information must be provided for registration: (1) name, address, and telephone number of registrant; (2) name, address, and telephone number of partners, corporate officers, and directors; (3) description of vehicles to be registered, including: (A) make, model, and year of vehicle; (B) motor vehicle identification number; (C) vehicle license plate (tag) number including state and year; and (D) name of vehicle owner; and (4) name and driver's license number (including the state issuing the license) for all vehicle operators. (c) Persons who apply to the commission for registration and receive said registration shall maintain a copy of the registration form, as annotated by the commission with an assigned registration number, at their designated place of business and in each vehicle used to transport untreated special waste from health care related facilities. (d) Registrations shall expire 12 months after the date of issuance. Registrations are required to be renewed annually prior to the expiration date. Applications for renewal must contain the same information as the initial registration and shall be submitted to the commission at least 60 days prior to the expiration date. An application for renewal may be obtained from the Permits Section of the Municipal Solid Waste Division. (e) Transporters shall notify the commission, by letter, within 15 days of any changes to their registration if: (1) the amount of untreated special waste from health care related facilities or total operation is expanded by 50% over that originally registered; (2) the office or place of business is moved; (3) the name of registrant or owner of the operation is changed; (4) the name of the partners, corporate directors, or corporate officers change; or (5) additional drivers are employed. The notification for additional drivers may be done at six-month intervals. (f) Revocation or denial of registration procedures are as follows. (1) The commission may revoke a registration or refuse to issue a registration for: (A) failure to maintain a complete and accurate record of shipments of waste; (B) failure to maintain vehicles in safe working order as evidenced by citations from the Texas Department of Public Safety or local traffic law enforcement agencies; (C) falsification of waste shipping documents or shipment records; (D) delivery of untreated special waste from health care related facilities to a facility not authorized to handle the waste; (E) failure to comply with any rule or order issued by the commission pursuant to the requirements of this chapter; (F) failure to submit required annual reports or pay registration fees; (G) failure to maintain insurance or provide proof of insurance as required in subsection (j) of this section; (H) illegal disposal of untreated or treated medical waste; or (I) collection or transportation of medical waste without registration as required in this section; or (J) such other cause sufficient to warrant termination or suspension of the registration. (2) Appeal of revocation or denial procedures are as follows. (A) An opportunity for a public hearing on the revocation of registration may be requested in writing by the registrant by certified mail, return receipt requested, provided the request is postmarked within 20 days after a notice of revocation has been sent from the commission to the last known address of the registrant. If the registration is revoked, a transporter shall not transport untreated special waste from health care related facilities regulated under this subchapter. The period of revocation shall be not less than one year nor more than five years. (B) An opportunity for a public hearing on the denial of registration or renewal of registration may be requested in writing by the applicant by certified mail, return receipt requested, provided the request is postmarked within 20 days after a notice of denial has been sent from the commission to the address listed on the application. If the registration is denied, a person shall not collect or transport untreated special waste from health care related facilities regulated under this subchapter. (g) Requirements for vehicles used to collect or transport untreated medical waste are as follows. (1) Vehicles used to collect and or transport medical waste shall: (A) have a fully enclosed, leak-proof, cargo-carrying body, such as a cargo compartment, box trailer, or roll-off box; (B) protect the waste from mechanical stress or compaction; (C) carry spill cleanup equipment including, but not limited to, disinfectants, absorbent materials, personal protective equipment, such as gloves, coveralls, and eye protection, and leakproof containers or packaging materials; and (D) have the following identification on the two sides and back of the cargo- carrying compartment in letters at least three inches high: (the name of the transporter) TNRCC: (the TNRCC-assigned registration number) Caution: Medical Waste. (2) The cargo compartment of the vehicle shall: (A) be maintained in a sanitary condition; (B) be locked when the vehicle is in motion; (C) be locked when waste is present in the compartment except during loading or unloading of waste; (D) have a floor and sides made of an impervious, nonporous material; and (E) have all discharge openings securely closed during operation of the vehicle. (h) Vehicles used to transport medical waste shall not be used to transport any other material until the vehicle has been cleaned and the cargo compartment disinfected. A written record of the date and the process used to clean and disinfect the vehicle shall be maintained for three years unless the commission shall direct a longer holding period. The record must identify the vehicle by motor vehicle identification number or license tag number. The owner of the vehicle, if not the registrant, shall be notified in writing that the vehicle has been used to transport medical waste and when and how the vehicle was disinfected. (i) Shipments of untreated special waste from health care related facilities shall not be commingled or mixed during transport or storage with trash, rubbish, garbage, hazardous waste, asbestos, or radioactive waste regulated under 25 TAC Chapter 289 (relating to Radiation Control). (j) Transporters seeking registration under this subchapter shall submit evidence of financial responsibility in conformance with the requirements contained in this subsection. Registrants who are state or federal government entities whose debts and liabilities are the debts and liabilities of a State or the United States are exempt from the requirements contained in this subsection. (1) Transporters shall provide evidence of financial responsibility as follows: (A) a combined, single-limit automobile liability insurance policy with limits of at least $1 million per accident, exclusive of legal defense costs; and (B) either a pollution liability policy with a limit of $500,000 if the transporter registers one to seven vehicles or a limit of $1 million if the transporter registers more than seven vehicles, exclusive of legal defense costs; or (C) an irrevocable letter of credit made payable to the Texas Natural Resource Conservation Commission in the following amount: (i) if the transporter registers three or less self-contained trucks or transport vehicles (not tractor-trailer units), a letter for $10,000; (ii) if the transporter registers more than three self-contained trucks or transporter vehicles (not tractor-trailer units), a letter for $35, 000; (iii) if the transporter registers three or less tractor-trailer vehicles, a letter for $25,000; or (iv) if the transporter registers more than three tractor-trailer vehicles, a letter for $50,000. (D) Transporters are responsible for any liability costs that exceed the dollar limits set in this subsection. (2) Insurance requirements. (A) Evidence of insurance coverage is demonstrated by submitting original certificate(s) of insurance to the following address: Texas Natural Resource Conservation Commission, Financial Assurance Section, P.O. Box 13087, Austin, Texas 78711-30887. These certificates shall be submitted prior to the registrant receiving approval as a registered transporter. (B) The registered transporter must be the named insured on the certificate of insurance and the certificate holder must be listed as the Texas Natural Resource Conservation Commission, Attn: Financial Assurance Section. (C) The cancellation statement on the certificate shall read as follows: "Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will mail a 60-day written cancellation notice to the certificate holder named to the left." (D) Upon the executive director's receipt of a cancellation notice, the transporter shall seek to obtain alternate insurance coverage and submit evidence of such coverage to the commission before the effective date of the cancellation. Failure to do so will result in revocation of the registration. (E) Evidence of pollution liability coverage is demonstrated by submitting a MCS 90 form along with the original certificate for the automobile coverage. The schedule of Insured Vehicles must accompany the certificate of insurance. (F) Insurance coverage must be issued for at least one year by a carrier that is licensed to transact the business of insurance, or eligible to provide insurance as an excess or surplus lines insurer, in one or more states. The issuing institution must be acceptable to the executive director. (G) An original or certified copy of the insurance policy shall be provided within 30 days from the date requested by executive director of the Texas Natural Resource Conservation Commission. (3) Letter of credit requirements. (A) Letters of credit must conform to the requirements of subsection (j) (3) of this section. An original letter of credit shall be submitted prior to the registrant receiving approval as a registered transporter. The letter of credit should be mailed to the following address: Texas Natural Resource Conservation Commission, Financial Assurance Section, P.O. Box 13087, Austin, Texas 78711- 3087. (B) The issuing institution must be an entity which has the authority to issue letters of credit and whose letter of credit operations are regulated and examined by a Federal or State agency. The issuing institution must be acceptable to the executive director. (C) The wording of the letter of credit must be identical to the wording specified in subsection (j)(4) of this section except that instructions in brackets are to be replaced with the relevant information and the brackets are to be deleted. (D) Letters of credit must be irrevocable and issued for a period of at least one year. Letters of credit must provide that the expiration date will be automatically extended for a period of at least one year unless, at least 120 days before the current expiration date, the issuing institution notifies both the registered transporter and the executive director by certified mail, return receipt requested, of a decision not to extend the expiration date. Under the terms of the letter of credit, the 120 days begins on the date when both the registered transporter and the executive director have received the notice, as evidenced by the return receipts. (E) Upon the executive director's receipt of a cancellation notice, the transporter shall seek to obtain alternate insurance coverage and submit evidence of such coverage to the commission before the effective date of the cancellation. Failure to do so will result in revocation of the registration. (F) The executive director may return the letter of credit to the issuing institution for termination when: (i) the registered transporter substitutes and receives approval from the executive director for alternate financial assurance; or (ii) the executive director releases the registered transporter from the requirements of this section. (4) Letter of credit wording. Figure 1: 30 TAC sec.330.1005(j)(4) (5) Incapacity of registered transporters or the issuing institutions. (A) Registered transporters shall notify the executive director by certified mail of the commencement of a voluntary or involuntary proceeding under Title 11 (Bankruptcy), United States Code, naming the registered transporter as debtor, within ten business days after the commencement of the proceeding. (B) Registered transporters who fulfill the financial assurance requirements by obtaining insurance or a letter of credit, will be deemed to be without the required financial assurance coverage in the event of bankruptcy, insolvency, or a suspension or revocation of the license or charter of the issuing institution. Registered transporters shall establish other acceptable financial assurance coverage within 30 days after such an event. (k) The transporter shall furnish the generator a signed receipt for each shipment at the time of collection of the waste. The receipt shall include the name, address, telephone number, and registration number of the transporter. The receipt shall also identify the generator by name and address, and shall list the weight of waste collected and date of collection. If certified scales are not available, the number of containers shall be listed, and the transporter must provide the generator with a written statement of the total weight of the containers within 30 days. (l) The transporter shall initiate and maintain a record of each waste shipment collection and deposition. Such record shall be in the form of a waste shipping document or other similar documentation approved by the commission. Forms will be provided by, or may be approved by, the commission. The transporter shall retain a copy of all waste shipping documents showing the collection and disposition of the medical waste. The transporter shall provide to the generator a copy of the waste shipping document bearing documentation of receipt of the untreated special waste from health care related facilities by a permitted facility which is not subject to sec.330.171 of this title (relating to Recordkeeping Requirements Applicable to Owners or Operators of Type V Processing Facilities) within 30 days of receipt by such facility. Copies of waste shipping documents shall be retained by the transporters for three years in the main transporter office and made available to the commission upon request. The waste shipping document shall include the: (1) transporter's name, address, telephone number, and commission's assigned transporter registration number; (2) name and address of the person who generated the untreated special waste from health care related facilities and the date collected; (3) number of containers of untreated special waste from health care related facilities collected for transportation and the total weight of the containers from each generator which must be added when certified scales are available; (4) name of persons collecting, transporting, and unloading the medical waste; (5) date and place where the untreated special waste from health care related facilities was deposited or unloaded; (6) identification (permit or registration number, location, and operator) of the facility where the untreated special waste from health care related facilities was deposited; and (7) name and signature of facility representative acknowledging receipt of the untreated special waste from health care related facilities and the weight of waste received. (m) The transporter must be able to provide documentation of each waste shipment from the point of collection through and including the unloading of the waste at a facility permitted to accept the waste. The original shipping document must accompany each shipment of untreated waste to its final destination. The transporter is responsible for the proper collection and deposition of untreated medical waste accepted for transport. (n) Shipments of untreated special waste from health care related facilities shall be deposited only at a facility which has been permitted by the commission to accept untreated special waste from health care related facilities. Untreated special waste from health care related facilities which is transported out of the state must be deposited at a facility which is permitted by the appropriate state agency having jurisdiction to accept such waste. (o) Transporters shall not accept untreated medical waste which is not packaged in accordance with the provisions of sec.330.1004(i) of this title (relating to Generators of Medical Waste). Transporters shall not accept containers of medical waste which are leaking or damaged unless or until the shipment has been repackaged. (p) Exemptions are as follows. (1) Generators who generate less than 50 pounds per month of special waste from health care related facilities may transport their own untreated waste to a registered medical waste collection station, a transfer station, a storage facility, or a processing facility without complying with the requirements of this section. (2) Generators who generate more than 50 pounds per month of special waste from health care related facilities may transport their own waste to a transfer station, a storage facility, or a processing facility and shall comply with subsections (g)-(o) of this section; they shall be exempt from subsections (a)- (f) of this section. These generators must notify the commission that they are transporting their own waste and must submit an annual summary report. (3) Generators who are located in facilities contiguous to a permitted processing facility may transport their untreated waste to the processing facility without complying with the requirements of sec.330.1004(i) of this title (relating to Generators of Medical Waste) provided the waste is identified as untreated waste, and provided the waste is not transported along a public roadway or right-of-way. (q) Transporter fees are as follows. (1) Transporters are required to pay an annual registration fee to the commission based upon the total weight of untreated medical waste transported. (2) The amount of the annual registration fee shall be based upon the total weight of untreated medical waste transported under each registration. The fee for the first year of operation under a registration shall be based upon an estimate of the total weight of untreated medical waste to be transported. The fee paid for the first year of operation will be adjusted after submission of at least one annual report and one registration renewal, indicating the actual weight of untreated medical waste transported. An overpayment will be credited to the next year's registration fee or will be refunded. A billing notice for underpayment of the registration fee will be sent and payment will be due within 30 days after the date of the notice. (3) The fees shall be determined as follows. (A) For a total annual weight transported of 1,000 pounds of medical waste or less, the fee is $100. (B) For a total annual weight transported greater than 1,000 pounds of medical waste but equal to or less than 10,000 pounds of medical waste, the fee is $250. (C) For a total annual weight transported greater than 10,000 pounds of medical waste but equal to or less than 50,000 pounds of medical waste, the fee is $400. (D) For a total annual weight transported greater than 50,000 pounds of medical waste, the fee is $500. (4) The transporter's annual registration fee shall accompany the applicant's original or renewal registration application and shall be submitted in the form of a check or money order made payable to the Texas Natural Resource Conservation Commission and delivered or mailed to: the Permits Section of the Municipal Solid Waste Division, Texas Natural Resource Conservation Commission, P. O. Box 13088, Austin, Texas 78711-3088. (r) Transporters shall submit to the Permits Section of the Municipal Solid Waste Division an annual summary report of their activities through December 31 of each year. The report shall be submitted no later than March 1 of the year following the end of the report period. The report shall include the name(s) and address(es) of the facilities where the waste was deposited/unloaded, the registration/permit number of the facilities, and the amount of waste deposited/unloaded at each facility. The report shall indicate the amount of waste shipped out of state, the amount of waste shipped into the state, and the amount of waste generated and unloaded in the state. Forms for use in submitting the annual report may be obtained from the Permits Section of the Municipal Solid Waste Division. sec.330.1006. Transfer of Shipments of Medical Waste. Packages of medical waste shall not be transferred between vehicles unless the transfer occurs at and on the premises of a facility permitted as a transfer station, as a storage facility, or as a treatment/processing facility which has been approved to function as a transfer station except as provided in sec.330.1008 of this title (relating to Medical Waste Collection Stations). (1) In case of transport vehicle malfunction, the waste shipment may be transferred to an operational vehicle and the commission shall be notified of the incident in writing within five working days. The incident report shall list all vehicles involved in transporting the medical waste and the cause, if known, of the vehicle malfunction. (2) In case of a traffic accident, the waste shipment may be transferred to an operating vehicle if necessary. Any containers of waste which were damaged in the accident shall be repackaged as soon as possible. The nearest regional office shall be notified of the incident no later than the end of the next working day. The incident report shall list all vehicles involved in transporting the medical waste. sec.330.1008. Medical Waste Collection Stations. (a) Certain health care related facilities, licensed by the department, and located in less populated areas, may register with the commission as a collection station for untreated medical waste from generators of medical waste who generate less than 50 pounds per month of waste and who transport their own waste. Facilities which may request registration to function as a medical waste collection station include: (1) a licensed hospital located in an incorporated area with a population of less than 25,000 and in a county with a population of less than one million; and (2) a licensed hospital located in an unincorporated area which is not within the extraterritorial jurisdiction (ETJ) of a city with a population of more than 25,000 or within a county with a population of more than one million. (b) To register with the commission as a medical waste collection station, the following information must be submitted to the Permits Section of the Municipal Solid Waste Division: (1) the name and address of the facility; (2) the name of the individual responsible for the operation of the facility; (3) the license number of the facility; and (4) the area to be served by the facility. (c) A facility which has been registered by the commission as a medical waste collection station shall comply with the following provisions. (1) A registered medical waste collection station may accept untreated medical waste only from those generators who generate less than 50 pounds per month of special waste from health care related facilities and who transport their own waste to the collection station. (2) Waste delivered to a medical waste collection station must be packaged in accordance with the provisions of sec.330.1004(i) of this title (relating to Generators of Medical Waste) by the generator. (3) A medical waste collection station must comply with the requirements for storage of medical waste which are applicable to permitted medical waste transfer and/or medical waste storage facilities. (4) A facility registered as a medical waste collection station must release the waste only to a registered medical waste transporter. The collection station must provide the transporter with a list of the waste collected at the station including the identity of the waste generator. (5) A facility registered as a medical waste collection station may not otherwise treat the waste unless permitted as a treatment facility. sec.330.1009. Storage of Medical Waste. (a) The storage of medical waste shall be in a secure manner and location which affords protection from theft, vandalism, inadvertent human or animal exposure, rain, water, and wind. The waste shall be managed so as not to provide a breeding place or food for insects or rodents, and not generate noxious odors. (b) A permit for on-site storage of medical waste is not required for a generator who uses a medical waste storage facility only for the medical waste generated on-site or which has been registered as a medical waste collection facility. (c) A permit for a medical waste storage facility is required if waste generated off-site is accepted for storage except under the conditions described in sec.330.1005(p)(3) of this title (relating to Transporters of Medical Waste) or the provisions of sec.330.1008 of this title (relating to Medical Waste Collection Stations). (d) Transfer and storage facilities permitted to accept untreated medical waste, and registered medical waste transport vehicles shall maintain a storage temperature of 45 degrees Fahrenheit or less for waste held more than 72 hours. For registered transporters whose base of operations is located more than 200 miles from a permitted processing facility, untreated medical waste may be held up to one week without refrigeration. (e) Medical waste generated off-site and held for more than 14 days is considered to be in storage, and executive director authorization is required. sec.330.1010. On-Site Treatment Services on Mobile Vehicles. (a) The requirements of this section are applicable to any person who treats special waste from health care related facilities on mobile vehicles on the site of generation, but is not the generator of the waste. (b) Providers of on-site treatment of special waste from health care related facilities on mobile vehicles shall register their operations with the commission no later than the effective date of these sections. Persons who plan to provide on-site treatment of special waste from health care related facilities on mobile vehicles after the effective date of this section shall register with the commission prior to commencing operations. Registration forms will be provided by the commission upon request. The following information shall be provided for registration: (1) name, address, and telephone number of registrant; (2) name, address, and telephone number of partners, corporate officers, and directors; (3) description of vehicles to be registered, including: (A) make, model, and year of vehicle; (B) motor vehicle identification number; (C) vehicle license plate (tag) number including state and year; and (D) name of vehicle owner; (4) name and driver's license number (including the state issuing the license) for all vehicle operators; and (5) description of intended approved treatment method to be employed as well as routine performance testing/parameter monitoring to be utilized. (c) Persons who receive a registration from the commission shall maintain a copy of the registration form, as annotated by the commission with an assigned registration number, at their designated place of business and in each vehicle used in treating special waste from health care related facilities. (d) Registrations shall expire 12 months after the date of issuance unless renewed annually prior to the expiration date. Applications for renewal must contain the same information as the initial registration and shall be submitted to the commission at least 60 days prior to the expiration date. An application for renewal may be obtained from the Permits Section of the Municipal Solid Waste Division. (e) Providers of on-site treatment of special waste from health care related facilities on mobile vehicles shall notify the commission, by letter, within 15 days of any changes to their registration if: (1) the method employed to treat special waste from health care related facilities changes; (2) the office or place of business is moved; (3) the name of registrant or owner of the operation is changed; (4) the name of the partners, corporate directors, or corporate officers change; or (5) additional drivers are employed. (f) Revocation or denial of registration procedures are as follows: (1) The commission may revoke a registration issued under this section or refuse to issue a registration for: (A) failure to maintain complete and accurate records of waste treated on- site; (B) failure to maintain vehicles in safe working order as evidenced by citations from the Texas Department of Public Safety or local traffic law enforcement agencies; (C) falsification of waste treatment records; (D) treatment of special waste from health care related facilities which is not in accordance with the provisions of 25 TAC sec.1.136(a) (relating to Approved Methods of Treatment and Disposition); (E) failure to comply with any rule or order issued by the commission pursuant to the requirements of this chapter; (F) failure to submit required annual reports or pay registration fees; (G) failure to maintain insurance or provide proof of insurance as required in subsection (j) of this section; (H) illegal disposal of untreated or treated medical waste; or (I) treatment or disposal of special waste from health care related facilities without registration as required in this section; or (J) such other cause sufficient to warrant termination or suspension of the registration. (2) Appeal of revocation or denial procedures are as follows. (A) An opportunity for a public hearing on the revocation of registration may be requested in writing by the registrant by certified mail, return receipt requested, provided the request is postmarked within 20 days after a notice of revocation has been sent from the commission to the last known address of the registrant. If the registration is revoked, a provider of on-site treatment of special waste from health care related facilities on mobile vehicles shall not treat such waste unless the provider is the generator. The period of revocation shall not be less than one year nor more than five years. (B) An opportunity for a public hearing on the denial of registration may be requested in writing by the applicant by certified mail, return receipt requested, provided the request is postmarked within 20 days after a notice of denial has been sent from the commission to the address listed on the application. If the registration is denied, a provider of on-site treatment of special waste from health care related facilities on mobile vehicles shall not treat such waste unless the provider is the generator. (g) Requirements for mobile vehicles used in the treatment of special waste from health care related facilities are as follows. (1) Vehicles used in the treatment of special waste from health care related facilities shall: (A) have a fully-enclosable, leak-proof, cargo carrying body; such as a cargo compartment, or box trailer; (B) carry spill cleanup equipment including, but not limited to, disinfectants, absorbent materials, personal protective equipment, such as gloves, coveralls, and eye protection, and leakproof containers or packaging materials. (2) The cargo compartment of the vehicle and any self-contained treatment unit(s) shall: (A) be maintained in a sanitary condition; (B) be secured when the vehicle is in motion; (C) be made of such impervious, non-porous materials as to allow adequate disinfection/cleaning of the compartment or unit(s); (D) have all discharge openings securely closed during operation of the vehicle. (h) Mobile vehicles used in the treatment of special waste from health care related facilities shall not be used to transport any other material until the vehicle has been cleaned and the cargo compartment disinfected. A written record of the date and the process used to clean and disinfect the vehicle shall be maintained for three years unless the commission shall direct a longer holding period. The record must identify the vehicle by motor vehicle identification number or license tag number. The owner of the vehicle, if not the registrant, shall be notified in writing that the vehicle has been used in the treatment of special waste from health care related facilities and when and how the vehicle was disinfected. (i) Untreated special waste from health care related facilities shall not be commingled or mixed with hazardous waste, asbestos, or radioactive waste regulated under 25 TAC Chapter 289 (relating to Radiation Control) either before or after treatment. (j) Each provider of on-site treatment of special waste from health care related facilities on mobile vehicles shall, unless otherwise exempted, excluded or prohibited by law, provide evidence of financial responsibility in the form of a general automobile liability policy consistent with that required by the Texas Department of Public Safety. (k) Providers of on-site treatment of special waste from health care related facilities on mobile vehicles shall furnish the generator the documentation required in sec.330.1004(c)(4) of this title (relating to Generators of Medical Waste) for the generator's records. (l) Providers of on-site treatment of special waste from health care related facilities on mobile vehicles shall maintain records of all waste treatment which includes the following information: (1) the name, address, and phone number of each generator; (2) the date of treatment; (3) the amount of waste treated; (4) the method/conditions of treatment; (5) the name (printed) and initials of the person(s) performing the treatment; and (6) a written procedure for the operation and testing of any equipment used and a written procedure for the preparation of any chemicals used in treatment. Routine performance testing using biological indicators and/or monitoring of parametric controls shall be conducted in accordance with sec.330. 1004(c)(4)(E) of this title. (m) Providers of on-site treatment of special waste from health care related facilities on mobile vehicles shall not transport waste unless they are registered in accordance with sec.330.1005 of this title. Treated waste shall be left on-site for disposal with that facility's routine municipal solid waste and in a form that is suitable for landfill disposal. (n) Providers of on-site treatment of special waste from health care related facilities on mobile vehicles shall ensure adequate training of all operators in the use of any equipment used in treatment. (o) Providers of on-site treatment of special waste from health care related facilities on mobile vehicles shall have a contingency plan available in the event of any malfunction of equipment. If there is any question as to the adequacy of treatment of any load, that load shall be run again utilizing biological indicators to test for microbial reduction before the material is released for landfill disposal. If the waste must be removed from the site before treatment is accomplished, a registered transporter shall remove the waste and all other applicable sections of this chapter shall be in effect. (p) Fees to be assessed of providers of on-site treatment of special waste from health care related facilities on mobile vehicles are as follows. (1) Treatment providers are required to pay an annual registration fee to the commission based upon the total weight of special waste from health care related facilities treated on-site under each provider registration. (2) The amount of the annual registration fee shall be based upon the total weight of special waste from health care related facilities treated on-site. (3) The fees shall be determined as follows. (A) For a total annual weight of waste treated on-site of 1,000 pounds or less, the fee is $100. (B) For a total annual weight of waste treated on-site greater than 1, 000 but equal to or less than 10,000 pounds, the fee is $250. (C) For a total annual weight of waste treated on-site greater than 10, 000 but equal to or less than 50,000 pounds, the fee is $400. (D) For a total annual weight of waste treated on-site greater than 50, 000 pounds, the fee is $500. (4) The annual registration fee for each provider of on-site treatment of special waste from health care related facilities on mobile vehicles shall accompany the applicant's original or renewal registration application and shall be submitted in the form of a check or money order made payable to the Texas Natural Resource Conservation Commission and delivered or mailed to: Permits and Registrations Section of the Municipal Solid Waste Division, Texas Natural Resource Conservation Commission, P.O. Box 13088, Austin Texas 78711-3088. (q) Providers of on-site treatment of special waste from health care related facilities on mobile vehicles shall submit to the commission's Permits Section of the Municipal Solid Waste Division an annual summary report of their activities for the calendar year from January 1 through December 31 of each year. The report shall be submitted no later than March 1 of the year following the end of the report period and shall contain all the information required in subsection (l) of this section. (r) When a vehicle used to provide on-site treatment of special waste from health care related facilities has been jointly purchased by two or more health care related facilities and is used only to treat the waste generated by the facilities included in that purchase, those facilities shall be exempt from subsection (p) of this section. Such facilities shall be subject to all other subsections of this section. The vehicle/ treatment unit shall be operated on the premises whereon the waste was generated, and only by a staff member of that facility, a member of the joint operating group, or the group's authorized operating contractor. This agency hereby certifies that the rules as adopted have been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on November 29, 1994. TRD-9451608 Mary Ruth Holder Director, Legal Services Division Texas Natural Resource Conservation Commission Effective date: December 20, 1994 Proposal publication date: July 15, 1994 For further information, please call: (512) 239-6087 TITLE 31. NATURAL RESOURCES AND CONSERVATION Part II. Texas Parks and Wildlife Department Chapter 55. Law Enforcement Subchapter D. Operation Game Thief Fund 31 TAC sec.sec.55.111, 55.112, 55.116 The Operation Game Thief Committee in a regularly scheduled public hearing, November 1, 1994, adopts amendments to sec.55.111 and sec.55.112; and new sec.55.116, concerning the Operation Game Thief Fund, without changes to proposed text as published in the September 23, 1994, issue of the Texas Register (19 TexReg 7503). The amendments and new rule are adopted to implement legislation passed in the 73rd Texas Legislature which provide death benefits to peace officers who are killed in the line of duty. Amendment of sec.55.111 (Definitions) provides clarity in administering the Operation Game Thief Program. Existing rules allowed disbursement of funds administered under the Operation Game Thief Program only to individuals who report fish and game law violations. The amendments as adopted add new language to provide disbursement of funds as death benefits in addition to rewards paid for information about fish and game violations. New sec.55.116 establishes regulations which set death benefits to be awarded as part of the Operation Game Thief Fund. No comments were received regarding adoption of the amendments and new rule. The amendments and new section are adopted under the authority of Parks and Wildlife Code, Chapter 12, Subchapter C, which provides the Operation Game Thief Committee with the authority to adopt rules for administration of the Operation Game Thief Program. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on November 28, 1994. TRD-9451481 Paul M. Shinkawa Acting General Counsel Texas Parks and Wildlife Department Effective date: December 19, 1994 Proposal publication date: September 23, 1994 For further information, please call: 1-800-792-1112, Ext. 4433 or (512) 389- 4433 Chapter 59. Parks Administration of the Texas State Park System 31 TAC sec.sec.59.61-59.64 The Texas Parks and Wildlife Commission in a regularly scheduled public hearing, November 3, 1994, adopts the repeal of sec. sec.59.61-59.64, concerning Administration of the Texas State Park System, without changes to the proposed text as published in the July 19, 1994, issue of the Texas Register (19 TexReg 5607). Senate Bill 179, enacted in the 73rd session of the Texas Legislature directed the Parks and Wildlife Commission to establish a classification system for state parks and wildlife management areas which categorizes wildlife management areas, parks, or a portion of parks as game management areas, recreational areas, natural areas or historical areas. Implementation of Senate Bill 179 required new rules, necessitating repeal of existing rules concerning Administration of the Texas State Park System. The repeal as adopted will prevent redundancy in the rules concerning Administration of the Texas State Park System. One respondent requested, by letter, that the existing state park rules be left in place. There were no groups of organizations commenting in favor of, or in opposition to, the proposed repeal of sec.sec.59.61-59.64. The agency disagreed with the single commenter regarding the proposed repeal of sec.sec.59.61-59.64. These sections were not sufficient in scope or content to address implementation of Senate Bill 179. The existing rules, in place since 1975, contained language which was not consistent with classification categories mandated by Senate Bill 179. The repeals are adopted under the authority of the Texas Parks and Wildlife Code, Chapter 13, which directs the Commission to establish a classification system for state parks and wildlife management areas and to adopt rules governing these lands. 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 28, 1994. TRD-9451480 Paul M. Shinkawa Acting Legal Counsel Texas Parks and Wildlife Department Effective date: December 19, 1994 Proposal publication date: July 19, 1994 For further information, please call: 1-800-792-1112, extension 4433 or (512) 389-4433 Part XV. Texas Low-Level Radioactive Waste Disposal Authority Chapter 449. General Provisions Subchapter E. Fees for Open Records Requests 31 TAC sec.sec.449.61-449.65 The Texas Low-Level Radioactive Waste Disposal Authority adopts new Subchapter E, Fees for Open Records Requests, to 31 TAC 449 concerning the fees to be charged for open records requests, without changes to the proposed text as published in the September 13, 1994, issue of the Texas Register (19 TexReg 7173). These rules define types of open records, set out charges for providing copies of the records, and will promote uniformity throughout state government for providing public information. No comments were received regarding adoption of the new rules. The new rules are adopted under the Health and Safety Code, sec.402.054 and sec.402.252, which provides the Texas Low-Level Radioactive Waste Disposal Authority with the authority to adopt rules, standards, and orders necessary to properly carry out the Texas Low-Level Radioactive Waste Disposal Authority Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on November 21, 1994. TRD-9451474 Lee H. Mathews Deputy General Manager and General Counsel Texas Low-Level Radioactive Waste Disposal Authority Effective date: December 19, 1994 Proposal publication date: September 13, 1994 For further information, please call: (512) 451-5292 TITLE 34. PUBLIC FINANCE Part I. Comptroller of Public Accounts Chapter 3. Tax Administration Subchapter C. Crude Oil Production Tax 34 TAC sec.3.35 The Comptroller of Public Accounts adopts an amendment to sec.3.35, concerning reporting requirements for producers and purchasers, without changes to the proposed text as published in the August 23, 1994, issue of the Texas Register (19 TexReg 6654). Senate Bill 892, enacted by the 73rd Legislature, 1993, amended the Tax Code, Chapter 202, to discontinue filing requirements for certain crude oil producers. The amendment is necessary to establish reporting requirements. No comments were received regarding adoption of the amendment. This amendment is adopted under the Tax Code, sec.111.002, which provides the comptroller with the authority to prescribe, adopt, and enforce rules relating to the administration and enforcement of the provisions of the Tax Code, Title 2. The amendment implements the Tax Code sec.sec.202.001, 202.003, 202.006, 202. 153, 202.154, 202.201, 202.202, 202.251. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on November 29, 1994. TRD-9451557 Martin Cherry Chief, General Law Comptroller of Public Accounts Effective date: December 20 1994 Proposal publication date: August 23, 1994 For further information, please call: (512) 463-4028 Subchapter U. Public Utility Gross Receipts Tax 34 TAC sec.3.511 The Comptroller of Public Accounts adopts an amendment to sec.3.511, concerning due date for assessment, with changes to the proposed text as published in the August 16, 1994, issue of the Texas Register (19 TexReg 6415). The section is being amended pursuant to Senate Bill 83, 73rd Legislature, 1993, which requires a public utility to prepay its gross receipts assessment for the years 1995, 1996, and 1997. The amendment sets forth the prepayment requirements. Comments were received from Coopers & Lybrand relating to the reporting period for the assessment and the basis for estimating the gross receipts for the next year. In regards to the reporting period comment, the comptroller takes the position that the language has been in the section since 1992 and has not been previously misinterpreted. In regards to the basis for estimating the gross receipts for the next year, the comptroller takes the position that the basis for estimating is not limited solely to historical information. The inclusion of "or the actual assessment due" allows for any adjustment for prospective events or changes to gross receipts expected in the next year. Finally, in accordance with the comments received, the comptroller did make changes to subsections (c), (d), and (e) in order to clarify the language between subsections (c) and (d) regarding the required estimated assessment payments. The amendment is adopted under the Tax Code, sec.111.002, which provides the comptroller with the authority to prescribe, adopt, and enforce rules relating to the administration and enforcement of the provisions of the Tax Code, Title 2. The amendment implements Texas Civil Statutes, Article 1446c, sec.79 and sec.79A. sec.3.511. Due Date for Assessment. (a) The assessment imposed by Texas Civil Statutes, Article 1446c, sec.78, is due and payable, except as provided in subsection (c) of this section, on August 15 of each year. The payment and the report on the form prescribed by the Comptroller of Public Accounts will be considered timely if received by the comptroller or postmarked no later than midnight on August 15, except as provided in subsection (c)(1)-(3) of this section. The report due on August 15 of each year is for the reporting period of July 1 of the prior year through June 30 of the current year. (b) A taxpayer subject to the assessment may elect to make payments of the assessment on a quarterly basis, except as provided in subsection (c) of this section. An election to do so must be in writing and be received by the comptroller at least 30 days prior to August 15. If an election is made, the assessment for the applicable quarters is due and payable as follows: Report Due Date-Reporting Period: August 15-April 1-June 30; November 15-July 1-September 30; February 15-October 1-December 31; May 15-January 1-March 31. (c) A taxpayer subject to the assessment is required to prepay the assessment due for the years 1995, 1996, and 1997. The prepayments will be based on the taxpayer's estimate of its gross receipts for the next year. After the August 15, 1994, report, all taxpayers will be required to file annual reports. This subsection expires September 1, 1997. The required estimated assessment payments due for the August 15, 1995, 1996, and 1997 reports are payable as follows: (1) 1995-50% by August 15, 1994, and 50% by February 15, 1995; (2) 1996-50% by August 15, 1995, and 50% by February 15, 1996; (3) 1997-50% by August 15, 1996, and the remainder by August 15, 1997. (d) The required estimated assessment payments will be determined in the following manner: (1) the estimated assessments due for the years 1995, 1996, and 1997 are equal to the assessment due for the previous annual report or previous four quarterly reports, whichever may apply, or the actual assessment due; and (2) any assessment amounts underpaid on assessments due on August 15, 1995, or August 15, 1996, must be paid by those respective dates. Any assessment amounts overpaid shall be credited against the following assessments. (e) Penalties and interest may apply to the assessment and to the prepayment. (1) If the amount paid pursuant to subsections (c) and (d) of this section is less than the required estimated assessment amount, a penalty of 10% will accrue on the difference between the required estimated assessment amount and the amount actually remitted. (2) If a required estimated assessment payment is not timely, or no required estimated assessment payment is made, a 10% penalty will accrue on the required estimated assessment amount determined pursuant to subsections (c) and (d) of this section. (3) A penalty of 10% will accrue on the additional assessment due, pursuant to subsection (d)(2) of this section, if not paid when the assessment is due. (4) All payments and reports postmarked, or received if not mailed, after the due date are late, and a penalty of 10% of the assessment is due. Amounts delinquent for more than 30 days shall draw interest at the rate of 12% per year on the assessment and penalty due. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on November 29, 1994. TRD-9451558 Martin Cherry Chief, General Law Comptroller of Public Accounts Effective date: December 20, 1994 Proposal publication date: August 16, 1994 For further information, please call: (512) 463-4028 Subchapter AA. Automotive Oil Sales Fee 34 TAC sec.3.702 The Comptroller of Public Accounts adopts an amendment to sec.3.702, concerning definitions and exemptions to the automotive oil sales fee, without changes to the proposed text as published in the August 23, 1994, issue of the Texas Register (19 TexReg 6654). The 73rd Legislature, 1993, amended the Health and Safety Code, Chapter 371, effective October 1, 1993, to clarify the procedure for obtaining a credit or refund of the automotive oil fee. No comments were received regarding adoption of the amendment. This amendment is adopted under the Tax Code, sec.111.002, which provides the comptroller with the authority to prescribe, adopt, and enforce rules relating to the administration and enforcement of the provisions of the Tax Code, Title 2. The amendment implements the Health and Safety Code, sec.371.003 and sec.371. 062. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on November 29, 1994. TRD-9451559 Martin Cherry Chief, General Law Comptroller of Public Accounts Effective date: December 20, 1994 Proposal publication date: August 23, 1994 For further information, please call: (512) 463-4028 TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part IX. Texas Commission on Jail Standards Chapter 260. County Correctional Centers The Texas Commission on Jail Standards adopts the repeal of sec.sec.260.1-260. 8 and sec.sec.260.20-260.95, concerning County Correctional Centers, without changes to the proposed text as published in the September 20, 1994, issue of the Texas Register (19 TexReg 7366). These rules are being repealed to allow adoption of new rules. The repeals function to delete vague language and allow for new concise and current rules. No comments were received regarding adoption of the repeals. General 37 TAC sec.sec.260.1-260.8 The repeals are adopted under Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing standards for the construction, equipment, maintenance and operation of county jails. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on November 28, 1994. TRD-9451416 Jack E. Crump Executive Director Commission on Jail Standards Effective date: December 19, 1994 Proposal publication date: September 20, 1994 For further information, please call: (512) 463-5505 CCC Design, Construction and Furnishing Requirements 37 TAC sec.sec.260.20-260.95 The repeals are adopted under Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing standards for the construction, equipment, maintenance and operation of county jails. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on November 28, 1994. TRD-9451417 Jack E. Crump Executive Director Commission on Jail Standards Effective date: December 19, 1994 Proposal publication date: September 20, 1994 For further information, please call: (512) 463-5505 The Texas Commission on Jail Standards adopts new sec. sec.260.1-260.4 and 260.100-260.163, concerning County Correctional Centers. Sections 260.1, 260.2, 260.4, 260.101, 260.103, 260.106, 260.108, 260.111-260.114, 260.117-260. 123, 260.125-260.130, 260.132-260.137, 260.139, 260.156, 260.159, 260.160, 260. 162, and 260.163 are adopted with changes to the proposed text as published in the September 20, 1994, issue of the Texas Register (19 TexReg 7366). The remaining sections are adopted without changes. Adoption of these rules revises jail standards to make them concise, current and comprehensible. The rules function to provide new regulations that encompass the current standards of the commission. No comments were received regarding adoption of the new sections. General 37 TAC sec.sec.260.1-260.4 The new rules are adopted under Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing standards for the construction, equipment, maintenance and operation of county jails. sec.260.1. Memorandum of Understanding. The Community Justice Assistance Division of the Texas Department of Criminal Justice and the Texas Commission on Jail Standards adopt by reference a memorandum of understanding, which establishes the respective responsibilities in the certification of a county correctional center and the adoption of minimum standards for structural, life safety, and operational requirements of a county correctional center. Copies of the memorandum of understanding may be obtained from the commission. sec.260.2. Operational Concept. County correctional centers shall be operated as an integral part of the community justice plan endorsed by the Community Justice Council and approved by the district judges who manage the community supervision and corrections department and determined to be acceptable by the Community Justice Assistance Division of the Texas Department of Criminal Justice. The county correctional center shall be designed and operated for a specific target population of offenders. Management of the facility should be proactive rather than reactive and should rely on an enhanced ability to supervise offenders rather than structural barriers or electronic security devices. sec.260.4. Design Concepts. Innovative concepts are encouraged to enhance the ability to operate a county correctional center with a proactive management style and to reduce problems of security and maintenance while creating a safe, sanitary, and secure environment for staff and offenders. The facility shall be structurally sound, fire resistive, and not connected to a building that is not fire resistive. Selection of housing arrangements, including single cells, multiple occupancy cells, or dormitories shall be based on the degree of security sought to be achieved. Facility design shall provide for support functions and equipment to insure safe, secure, and efficient operations. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on November 28, 1994. TRD-9451418 Jack E. Crump Executive Director Commission on Jail Standards Effective date: December 19, 1994 Proposal publication date: September 20, 1994 For further information, please call: (512) 463-5505 CCC Design, Construction and Furnishing Requirements 37 TAC sec.sec.260.100-260.163 The new rules are adopted under Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing standards for the construction, equipment, maintenance and operation of county jails. sec.260.101. Facility Security Requirements. Facility security shall be planned to protect offenders from one another, protect staff and visitors from offenders, and deter or prevent escapes. The level of security shall be commensurate with the degree of security sought to be achieved. sec.260.103. Special Security. A facility shall be constructed and maintained as a special security unit. When built in conjunction with other jail or lockup functions, the integrity of the security perimeter of the higher security facility shall not be compromised. sec.260.105 Construction Materials. Housing areas and day rooms shall be constructed of durable building materials commensurate with the degree of security sought to be achieved. sec.260.106. Public Areas. Public access shall be through a main entrance. Public access to the offender occupied areas shall be controlled. A public lobby or waiting area should be provided for the convenience of the public, including seating, drinking fountains, and rest rooms and should include lockers or storage for visitors' articles. Provisions shall be made for disabled visitors. sec.260.108. Administrative Space. The facility shall provide sufficient space for administrative, program, and clerical needs. Adequate space for equipment and supplies shall be provided to meet established and projected needs. These spaces shall be located outside the offender occupied areas. sec.260.111. Emergency Access. Multistory facilities shall have an elevator or other passageway large enough to accommodate the passage of patient evacuation equipment. sec.260.112. Segregation. The facility design shall provide adequate male/female segregation. Additional segregation should be provided for offenders of different risk/needs classifications. sec.260.113. Functions. Minimum space allocations shall provide for the following: (1) Offender processing and reception. (2) Detention: (A) housing; (B) visiting; and (C) guard stations. (3) Support/Services: (A) public areas; (B) administrative space; (C) food service; (D) laundry; (E) storage; (F) sanitation; (G) recreation and exercise; (H) offender programs and activities; (I) counseling and interviews; (J) medical exam. (4) It is permissible to use the same room or space allocation for more than one of the listed functions where such use will not deny the rights of any individual and will not impair the safety, security, or sanitation of the facility. sec.260.114. Offender Entrance. Where appropriate to the security level, the offender entrance shall be through a safety vestibule into the processing area. A common entrance for offenders and the public may be utilized if appropriate with the security level of the facility. This entrance shall allow for passage of patient evacuation equipment. The entrance shall be designed and constructed to allow observation and identification of persons approaching the offender entrance. Electronic surveillance equipment may be used. sec.260.117. Visiting Areas. Visiting areas shall be provided and shall be designed to provide adequate visitation for the capacity of the facility. Visitation areas shall be designed for the degree of security sought to be achieved. Audible communications shall be provided between the offender and visitor. Provisions shall be made for disabled visitors and offenders. Seating shall be provided for both offenders and visitors. sec.260.118. Guard Stations. A sufficient number of guard stations shall be provided on each floor where offenders are housed. Staff toilets and lavatories shall be provided in close proximity to guard stations. sec.260.119. Kitchen. A kitchen of adequate size and properly equipped shall be provided within the system and shall include the following. (1) Functions. Kitchen space and equipment shall allow for the efficient operations of receiving, storage, processing, preparation, cooking, baking, serving, dish washing, cleaning, menu preparation, record keeping, personal hygiene, and removal of waste and garbage. Kitchen functions shall be performed without compromising the security of the facility. The kitchen shall not be designed as a passageway for nonfood handling persons. (2) Storage. Adequate dry and cold storage shall be provided appropriate for the size of kitchen. Separate storage shall be provided for nonfood items. (3) Surfaces. The kitchen floor shall be properly pitched to adequate floor drains and allow for proper cleaning. Floor finish should prevent slipping. The junction between floors and walls shall be covered. Walls and ceilings shall be finished with smooth, washable, light colored surfaces. (4) Light. Adequate lighting shall be provided on all work surfaces. (5) Ventilation. Food service areas shall be adequately ventilated to control disagreeable odors and moisture. All openings to the outside shall be secured and provided with insect screens. (6) Water. Adequate hot and cold water shall be provided for food preparation, cleaning, and dish washing. Hot water equipment shall be of sufficient size and capacity to meet the needs of the facility. (7) Codes. Kitchens shall comply with state health codes. sec.260.120. Dining Space. Group dining may be provided. Group dining should avoid concentrations of more than 24 offenders (48 for direct supervision). sec.260.121. Laundry Facilities. Space for a laundry commensurate to the size of the facility shall be provided within the system. The laundry shall be equipped with a sufficient number of washers and dryers to accommodate the anticipated laundry load. Adequate, separate storage space shall be provided for both clean and soiled laundry and laundry supplies. sec.260.122. Commissary. Space appropriate to capacity of the facility should be provided for an offender commissary. sec.260.123. Storage Area Capacities. Storage areas based upon facility capacity shall be provided as follows: (1) Offender property: two cubic feet per offender; (2) Offender uniforms and linens: three cubic feet per offender; (3) Offender mattresses: raised perforated storage in the amount of five and one-fourth cubic feet per mattress for 25% of total capacity. sec.260.125. Medical Space and Equipment. Adequate space for first aid equipment shall be provided. Space and equipment for medical examination, treatment, and convalescent care shall be provided or provisions contained in the medical services plan. Adequate, secure storage for medical supplies and drugs shall be provided. sec.260.126. Infirmary. An infirmary should be provided for facilities of 200 or more capacity. When an infirmary is provided, the following minimum components shall be included: (1) nurses station; (2) locked medication station with storage for individually filled prescriptions; (3) utility room with sink and storage for linens and equipment; (4) refrigerated storage; (5) utility room with double tub sink and clinical service sink with flushing rim; (6) 80 square feet of floor space per bed; (7) at least one single occupancy room or cell with 80 square feet of floor space; (8) doors, through which patients and equipment are to be moved, of adequate width to allow turning of wheeled chairs and tables normally used in medical facilities; (9) a lavatory with a gooseneck inlet and wrist controls accessible to each ward; (10) janitor closet; (11) toilet, lavatory, and shower for use of offenders in the infirmary; (12) additional elements as dictated by the facility health care director. sec.260.127. Multipurpose Rooms. One or more multipurpose rooms having a minimum of 200 square feet of floor space each shall be provided for each increment of 100 offenders based on design capacity. These multipurpose rooms may be used for group assembly, conferences, contact visitation, counseling, religious services, education, or other special uses. sec.260.128. Exercise Area. One or more exercise areas shall be provided. Where outdoor exercise areas are provided, alternate areas shall be provided for exercise during inclement weather. A toilet and drinking fountain shall be readily available. Exercise areas for facilities of less than 100 offenders based on design capacity shall not be less than 800 square feet. Exercise areas for larger facilities shall provide 15 square feet per offender for the maximum number of offenders expected to use the space at 1 time, but not less than 1,000 square feet for each exercise area. Each direct supervision housing area shall have an exercise area within close proximity which should be adjacent to the housing area. Consideration shall be given to the requirement for offenders to be allowed access to sunlight for one hour per week after ten days confinement. sec.260.129. Single Cells. Single cells shall contain not less than 40 square feet of clear floor space. Each cell shall have one bunk, toilet, lavatory, table, and seat separate from the bunk. sec.260.130. Multiple Occupancy Cells. Multiple occupancy cells shall contain two to eight bunks and not less than 40 square feet of clear floor space for the first bunk plus 18 square feet of clear floor space for each additional bunk. Each multiple occupancy cell shall have one toilet and lavatory. Multiple occupancy cells should not be provided in direct supervision facilities. sec.260.132. Day Rooms. All single cells, multiple occupancy cells, and dormitories shall be provided with day rooms. Separation cells, holding cells, and medical cells are exempt from this requirement. Day rooms shall be designed for no more than 24 offenders, except direct supervision day rooms may be designed for up to 48 offenders. Based on the design capacity of the cells served, the day rooms shall contain: not less than 40 square feet of clear floor space for the first offender plus 18 square feet of clear floor space for each additional offender; adequate toilets, lavatories, mirrors, showers, seating, and tables. A utility sink should be provided. Day rooms may be contiguous with offender living areas provided that space requirements for living areas and day rooms are met. Convenient electrical receptacles circuited with ground fault protection shall be provided. Power to receptacles should be individually controlled outside of the cell. sec.260.133. Separation Cells. Separation cells shall include the following features and equipment. (1) Furnishings. Each cell shall be provided with one bunk, mirror, table, and seat separate from the bunk. A shelf and clothes hook may be provided. Convenient electrical receptacles circuited with ground fault protection shall be provided. Power to receptacles shall be individually controlled outside of the cell. (2) Plumbing. Cells shall be provided with a toilet, lavatory, shower, and floor drain. (3) Cell Size. Cells shall contain not less than 40 square feet of clear floor space. sec.260.134. Holding Cells. One or more holding cells should be provided to hold offenders during processing, housing assignment, discharge, or other reason for temporary housing. Holding cells shall contain the following features and equipment. (1) Seating. A stationary bench or benches abutting the walls shall be provided. Benches shall be 16 inches to 20 inches above the finished floor and not less than 12 inches wide. Seating shall be sufficient to provide not less than 24 linear inches per offender at cell capacity. (2) Plumbing. Cells shall be provided with adequate toilets, lavatories and floor drains. The floor shall be properly pitched to drains. (3) Cell Size. The size of the cell shall be determined by the anticipated maximum number of offenders to be confined at any one time. Cells shall be constructed to house from one to 24 offenders and shall contain not less than 40 square feet of floor space for one offender and 18 square feet of floor space for each additional offender to be confined. (4) Surfaces. Floor, wall, and ceiling material shall be durable and easily cleaned. (5) Supervision. The cell shall be located and constructed to facilitate supervision of the cell area and to materially reduce noise. sec.260.135. Dimensions. All cells and day rooms shall be not less than eight feet from finished floor to ceiling and five feet-six inches from wall to wall. Cells containing over/under bunk units shall be measured from center line of units to wall. Corridors shall be not less than four feet wide. sec.260.136. Safety Vestibules. (a) Safety vestibules, where provided, shall: (1) have one or more interior doors and a main entrance door; (2) be arranged to be locked and unlocked by control means located outside of the offender living area and safety vestibule. (b) Effective September 1, 1983, where doors have an interlocking security feature, provisions shall be made for an override capability in the event an emergency requires both doors to be opened simultaneously. sec.260.137. Furnishings for Offender Housing Areas. (a) Bunks. Bunks shall be fire resistive. The mattress surface of the bunk shall measure not less than two feet-three inches wide and six feet-three inches long. (b) Toilets and Lavatories. Toilets and lavatories shall be provided in cells and day rooms. Based on degree of security sought to be achieved, they may be conventional type. Based on design capacity, each cell and day room shall provide one toilet and lavatory capable of providing drinking water for each group or increment of eight offenders. (c) Showers. Shower areas shall be not less than two feet-six inches square per showerhead and not less than seven feet high. Construction should be of materials which resist the action of soap and water. Drying areas of not less than two feet-six inches square sloped to a drain should be provided adjoining the shower entrance. Based on design capacity, each separation cell and day room shall provide one shower for each group or increment of 12 offenders. (d) Tables and Seating. Tables and seating shall be constructed of materials which will resist vandalism. They shall be fire resistive and reasonably remote from toilet areas. Tables and benches shall be not less than 12 inches wide, and linear seating shall be not less than 18 continuous inches per person. Stools shall be not less than 12 inches in diameter. Seating height of 16 inches to 20 inches shall be provided. (e) Privacy Shields. Offender toilet and shower areas in dormitories, multiple occupancy cells, single occupancy cells, holding cells, and day rooms shall be configured or equipped to provide reasonable privacy from exposure to persons outside the cell. Privacy shields shall extend from about 15 inches above the finished floor to about four feet-six inches high and shall be securely anchored. (f) Mirrors. Mirrors shall be constructed of unbreakable material. Mirrors shall be provided above lavatories in day rooms and separation cells. (g) Additional Furnishings. Shelves, clothes hooks, and lockers for offenders' personal belongings should be provided. sec.260.139. Floors. Floors should provide a high resistance to wear and moisture. A nonslip surface shall be provided at the entrance to all shower areas. sec.260.156. Plumbing. Plumbing work shall meet the requirements of the Southern Standard Building Code, or equivalent. Warm and cold water shall be provided at all lavatories and warm water shall be provided at all showers. Warm water temperature shall be between 100 and 120 degrees Fahrenheit. All plumbing in offender occupied areas shall have quick shut off capability. sec.260.159. Floor Drains. Floor drains shall be located throughout the facility so as to reduce the possibility of flooding. Floor drains shall be provided in every area where toilets, lavatories, or showers are located. Drain covers shall be provided and secured for the degree of security sought to be achieved. sec.260.160. Lighting. Adequate illumination shall be provided throughout the cells and day rooms. An illumination level of 20 foot candles shall be provided at mirrors and tables. Master light controls for cells and day rooms and electrical conduit shall be out of reach of offenders. Offenders should be capable of controlling some lighting; override capability shall be provided. All lighting fixtures in cells and day rooms shall be in accordance with the security level sought to be achieved. Night lights sufficient to permit continuous observation shall be provided. Control areas and means of egress shall be continuously illuminated. Exteriors of buildings and all entrances shall be lighted sufficiently to observe approaching persons. sec.260.162. Television Monitoring. Closed circuit television monitoring may be provided to supplement control and security functions. View of toilet and shower areas shall not be allowed except in medical and special observation areas. sec.260.163. Electrical Power. Electrical installation shall comply with state and local codes and ordinances. Facilities shall have adequate electrical receptacles in corridors or chases for food carts, janitorial, and maintenance equipment. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on November 28, 1994. TRD-9451419 Jack E. Crump Executive Director Commission on Jail Standards Effective date: December 19, 1994 Proposal publication date: September 20, 1994 For further information, please call: (512) 463-5505 Chapter 261. Existing Construction Rules The Texas Commission on Jail Standards adopts the repeal of sec.sec.261.1-261. 88, 261.101-261.113, 261.115-261.183, and 261.191-261.265, concerning Existing Construction Rules, without changes to the proposed text as published in the September 20, 1994, issue of the Texas Register (19 TexReg 7371). These rules are being repealed to allow adoption of new rules. The repeals function to delete vague language and allow for new concise and current rules. No comments were received regarding adoption of the repeals. Existing Jail Design, Construction and Furnishing Requirements 37 TAC sec.sec.261.1-261.88 The repeals are adopted under Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing standards for the construction, equipment, maintenance and operation of county jails. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on November 28, 1994. TRD-9451420 Jack E. Crump Executive Director Commission on Jail Standards Effective date: December 19, 1994 Proposal publication date: September 20, 1994 For further information, please call: (512) 463-5505 Existing Lockup Design, Construction and Furnishing Requirements 37 TAC sec.sec.261.101-261.113, 261.115-261.183 The repeals are adopted under Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing standards for the construction, equipment, maintenance and operation of county jails. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on November 28, 1994. TRD-9451422 Jack E. Crump Executive Director Commission on Jail Standards Effective date: December 19, 1994 Proposal publication date: September 20, 1994 For further information, please call: (512) 463-5505 Existing Low-Risk Design, Construction and Furnishing Requirements 37 TAC sec.sec.261.191-261.265 The repeals are adopted under Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing standards for the construction, equipment, maintenance and operation of county jails. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on November 28, 1994. TRD-9451423 Jack E. Crump Executive Director Commission on Jail Standards Effective date: December 19, 1994 Proposal publication date: September 20, 1994 For further information, please call: (512) 463-5505 Existing Jail Design, Construction and Furnishing Requirements The Texas Commission on Jail Standards adopts new sec. sec.261.100-261.171, 261.200-261.266, and 261.300-261.361, concerning Existing Construction Rules. Sections 261.100-261.102, 261.104, 261.107, 261.113-261.115, 261.119-261.121, 261.123, 261.125, 261.127, 261.129-261.131, 261.133, 261.134, 261.136-261.141, 261.143, 261.145, 261.156, 261.157, 261.162, 261.165, 261.166, 261.168-261.170, 261.200-261.202, 261.204, 261.205, 261.207, 261.213-261.215, 261.219, 261.223, 261.225, 261.226, 261.228-261.230, 261.232-261.236, 261.238, 261.240, 261.251, 261.252, 261.257, 261.260, 261.261, 261.263-261.265, 261.301, 261.304, 261. 306, 261.310-261.312, 261.318, 261.320, 261.321, 261.323-261.325, 261.327, 261. 328, 261.330-261.336, 261.338, 261.352, 261.355, 261.356, and 261.358-261.360 are adopted with changes to the proposed text as published in the September 20, 1994, issue of the Texas Register (19 TexReg 7373). The remaining sections are adopted without changes. Adoption of these rules revises jail standards to make them concise, current and comprehensible. The rules function to provide new regulations that encompass the current standards of the commission. No comments were received regarding adoption of the new sections. 37 TAC sec.sec.261.100-261.171 The new rules are adopted under Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing standards for the construction, equipment, maintenance and operation of county jails. sec.261.100. Design Concepts. The facility shall be structurally sound, fire resistive, and not connected to a building that is not fire resistive and shall provide for adequate security and safety. Facility design shall provide for support functions and equipment to insure safe, secure, and efficient operations. sec.261.101. Facility Operation Concept. The facility shall be planned to receive unclassified persons, hold pretrial and convicted persons, and allow for processing, classifying, and releasing persons at all times. sec.261.102. Facility Security Requirements. Facility security shall be planned to protect inmates from one another, protect staff and visitors from inmates, and deter or prevent escapes. sec.261.104. Construction Materials. Inmate housing areas and day rooms shall be constructed of metal, masonry, concrete, or other comparable materials. The level of security desired should determine the selection of appropriate materials. sec.261.106 Vision Into Inmate Areas. Design and construction shall preclude direct vision into inmate occupied areas by the public. sec.261.107. Administrative Space. The facility shall provide sufficient space for administrative, program, and clerical needs. Adequate space for equipment and supplies shall be provided to meet established and projected needs. These spaces should be located outside the inmate housing areas. Evidence storage should not be located within the security perimeter. sec.261.113. Emergency Access. Multistory facilities shall have an elevator or other passageway large enough to accommodate the passage of patient evacuation equipment. sec.261.114. Segregation. Facility design shall provide adequate segregation facilities for segregation of different classifications of inmates as required by Chapter 271 of this title (relating to Classification and Segregation of Inmates). sec.261.115. Functions. Minimum space allocations should provide for, but not be limited to: (1) Inmate processing: (A) sally port; (B) reception and holding; (C) shakedown; (D) booking; (E) identification; (F) dressing in and out; (G) video taping and intoxilizer programs if such are to be performed in the facility. (2) Detention: (A) inmate housing; (B) segregation; (C) visiting; (D) guard stations. (3) Support/Services: (A) public areas; (B) administrative offices; (C) squad rooms; (D) food service; (E) laundry; (F) inmate commissary; (G) storage; (H) sanitation; (I) medical examination and treatment; (J) multipurpose rooms; (K) recreation and exercise; (L) inmate programs and activities; (M) counseling; (N) line-up; (O) library. (4) It is permissible to use the same room or space allocation for more than one of the listed functions where such use will not deny the rights of any individual and will not impair the safety, security, sanitation, or required segregation of the facility. sec.261.119. Processing Area. Facilities shall have a processing area located inside the security perimeter, but away from the inmate housing areas. The processing area shall be designed to readily permit the booking, shakedown, identification, and dressing of inmates. A telephone shall be available for detainees' use. Processing areas should be provided with access to drinking fountains and toilets. Panels or partitions may be erected in the booking area to provide privacy and separation of inmates. sec.261.120. Identification. Space shall be provided for photographing, fingerprinting and identification procedures for inmates. sec.261.121. Visiting Areas. Visiting areas shall be provided and shall be designed to provide adequate visitation for the capacity of the facility. Visitation areas shall be designed for the degree of security sought to be achieved. Audible communications shall be provided between the inmate and visitor. Visiting areas for high and medium-risk inmates shall be designed to prevent passage of contraband. Provisions shall be made for disabled visitors and inmates. Seating shall be provided for both inmates and visitors. A secure visiting area should be provided for contact visits from law enforcement officers, attorneys, clergy, and probation and parole officers. Provisions shall be made for passage of legal paper between inmates and attorneys. sec.261.123. Kitchen. A kitchen of adequate size and properly equipped shall be provided within the system and shall include the following. (1) Functions. Kitchen space and equipment shall allow for the efficient operations of receiving, storage, processing, preparation, cooking, baking, serving, dish washing, cleaning, menu preparation, record keeping, personal hygiene, and removal of waste and garbage. Kitchen functions shall be performed without compromising the security of the facility. The kitchen should not be designed as a passageway for nonfood handling persons. (2) Storage. Adequate dry and cold storage shall be provided appropriate for the size of kitchen. Separate storage shall be provided for nonfood items. (3) Surfaces. The kitchen floor shall be properly pitched to adequate floor drains and allow for proper cleaning. Floor finish should prevent slipping. The junction between floors and walls shall be covered. Walls and ceilings shall be finished with smooth, washable, light colored surfaces. (4) Light. Adequate lighting shall be provided on all work surfaces. (5) Ventilation. Food service areas shall be adequately ventilated to control disagreeable odors and moisture. All openings to the outside shall be secured and provided with insect screens. (6) Water. Adequate hot and cold water shall be provided for food preparation, cleaning, and dish washing. Hot water equipment shall be of sufficient size and capacity to meet the needs of the facility. (7) Codes. Kitchens shall comply with state health codes. sec.261.125. Laundry Facilities. A laundry, or an acceptable laundry vendor contract, or both, shall be maintained to provide clean clothing, bedding, and supplies. Adequate, separated storage space, commensurate with facility capacity, shall be provided for both clean and soiled laundry and laundry supplies. Where applicable, space shall be provided for washers, extractors, and dryers. A toilet and lavatory should be provided nearby. sec.261.127. Storage Area Capacities. Storage areas based upon facility capacity should be provided as follows: (1) Inmate property: two cubic feet per inmate; (2) Inmate uniforms and linens: three cubic feet per inmate; (3) Inmate mattresses: raised perforated storage in the amount of five and one-fourth cubic feet per mattress for 25% of total capacity. sec.261.129. Medical Space and Equipment. Adequate space for first aid equipment shall be provided. Space and equipment for medical examination, treatment, and convalescent care shall be provided or provisions contained in the medical services plan. Adequate secure storage for medical supplies and drugs shall be provided. sec.261.130. Infirmary. An infirmary should be provided for facilities of 200 or more capacity. When an infirmary is provided, the following minimum components shall be included: (1) nurses station; (2) locked medication station with storage for individually filled prescriptions; (3) utility room with sink and storage for linens and equipment; (4) refrigerated storage; (5) utility room with double tub sink and clinical service sink with flushing rim; (6) 80 square feet of floor space per bed; (7) at least one single occupancy room or cell with 80 square feet of floor space; (8) doors, through which patients and equipment are to be moved, of adequate width to allow turning of wheeled chairs and tables normally used in medical facilities; (9) a lavatory with a gooseneck inlet and wrist controls accessible to each ward; (10) janitor closet; (11) toilet, lavatory, and shower for use of inmates in the infirmary; (12) additional elements as dictated by the facility health care director. sec.261.131. Multipurpose Rooms. One or more multipurpose rooms should be provided. These multipurpose rooms may be used for group assembly, conferences, contact visitation, counseling, religious services, education, or other special uses. sec.261.133. Single Cells. Single cells shall not be less than eight feet high from finished floor to ceiling and not less than five feet wide from wall to wall. They shall contain not less than 40 square feet of floor space. They shall have one bunk, toilet, lavatory, table, and seat. Single cells should comprise at least 50% of the total inmate capacity of the facility, but in no event shall comprise less than 30% of the total capacity of the facility. sec.261.134. Multiple Occupancy Cells. Multiple occupancy cells shall contain two to eight bunks and not less than 40 square feet of floor space for the first bunk plus 18 square feet of floor space for each additional bunk. Each multiple occupancy cell shall have one toilet and lavatory. Multiple occupancy cells should not be provided in direct supervision facilities. sec.261.136. Day Rooms. All single cells, multiple occupancy cells, and dormitories shall be provided with day rooms. Separation cells, violent cells, holding cells, detoxification cells, and medical cells are exempt from this requirement. Day rooms shall be designed for no more than 24 inmates, except direct supervision day rooms may be designed for up to 48 inmates. Based on the design capacity of the cells served, the day rooms shall contain; not less than 40 square feet of floor space for the first inmate plus 18 square feet of floor space for each additional inmate; adequate toilets, lavatories, mirrors, showers, seating, and tables. A utility sink should be provided. Day rooms may be contiguous with inmate living areas provided that space requirements for living areas and day rooms are met. Convenient electrical receptacles circuited with ground fault protection should be provided. Power to receptacles should be individually controlled outside of the cell. sec.261.137. Separation Cells. A facility shall have one or more single occupancy separation cells which shall include the following features and equipment. (1) Furnishings. Each cell shall be provided with a table, seat, mirror and bunk. A shelf and clothes hook may be provided. Convenient electrical receptacles circuited with ground fault protection should be provided. Power to receptacles, when provided, shall be individually controlled outside of the cell. (2) Plumbing. Cells shall be provided with a toilet, lavatory, shower, and floor drain. (3) Cell Size. Cells shall contain not less than 40 square feet of floor space. sec.261.138. Holding Cells. (a) One or more holding cells should be provided to hold inmates pending booking, court appearance, identification, housing assignment, discharge, or other reason for temporary housing. Holding cells shall contain the following features and equipment. (1) Seating. A stationary bench or benches abutting the walls shall be provided. Benches shall be 14 inches to 18 inches above the finished floor and not less than 12 inches wide. Seating shall be sufficient to provide not less than 24 linear inches per inmate at cell capacity. (2) Plumbing. Cells shall be provided with adequate toilets, lavatories, and floor drains. The floor shall be properly pitched to drains. (3) Cell Size. The size of the cell shall be determined by the anticipated maximum number of inmates to be confined at any one time. Cells shall be constructed to house from one to 24 inmates and shall contain not less than 40 square feet of floor space for one inmate and 18 square feet of floor space for each additional inmate to be confined. (4) Surfaces. Floor, wall, and ceiling material shall be durable and easily cleaned. (5) Supervision. The cell should be located and constructed to facilitate supervision of the cell area and to materially reduce noise. (B) Remote Court Holding Cells. Holding cells that are separate from the facility and utilized for direct court holding shall include the following features and equipment. (1) Seating. Seating shall be sufficient to provide not less than 24 linear inches per inmate at cell capacity. (2) Plumbing. Cells shall be provided with adequate toilets and lavatories capable of providing drinking water. Floor drains should be provided. (3) Cell Size. The size of the cell shall be determined by the anticipated maximum number of inmates to be confined at any one time. Cells shall be constructed to house from one to 24 inmates and shall contain not less than 40 square feet of floor space for one inmate and 18 square feet of floor space for each additional inmate to be confined. (4) Surfaces. Floor, wall, and ceiling material should be durable and easily cleaned. (5) Supervision. The cell should be located and constructed to facilitate supervision of the cell area and to materially reduce noise. (6) Smoke Detection. Smoke detection capability shall be provided. The alarm shall enunciate at a staffed location in close proximity to the cell. Additional life safety items shall be compatible with the remainder of the building. (7) Audible Communication. Audible communications shall be provided. sec.261.139. Detoxification Cells. Any facility that anticipates the housing of intoxicated persons should provide one or more detoxification cells for the detention of persons during the detoxification process. These cells shall include the following features and equipment. (1) Seating. A stationary bench or benches abutting the walls shall be provided. Benches shall be not higher than 8 inches above the finished floor. (2) Plumbing. Cells should be provided with one or more vandal resistive flushing floor drains with outside controls, or vandal resistive toilet, lavatory, and standard floor drains. The floor shall be properly pitched to drains. Drinking fountains or lavatories capable of providing drinking water should be provided. (3) Cell Size. The size of the cell shall be determined by the anticipated maximum number of intoxicated inmates to be confined at any one time. Cells shall be constructed to house from one to 12 inmates and shall contain not less than 40 square feet of floor space for one inmate and 18 square feet of floor space for each additional inmate to be confined. (4) Surfaces. Floor, wall, and ceiling material shall be durable and easily cleaned. (5) Supervision. The cell shall be located and constructed to facilitate supervision of the cell area and to materially reduce noise. sec.261.140. Violent Cells. A facility may contain one or more single occupancy cells for the temporary holding of violent persons. Violent cells shall include the following features and equipment. (1) Furnishings. The cell shall be equipped with a hammock, not less than two feet-three inches wide and six feet-three inches long, made of an elastic or fibrous fabric. A bench abutting the wall, the length or width of the cell, at least two feet-three inches wide and six feet-three inches long and not more than eight inches above the floor may be provided in lieu of a hammock. (2) Plumbing. Flushing type floor drains with outside controls shall be provided. (3) Cell Size. Cell shall contain not less than 40 square feet of floor space. (4) Padding. Walls, floor and bench shall be completely covered with a material to protect the inmate from self injury. The type of material used to cover the walls, floor, and bench shall be fire resistive and nontoxic. sec.261.141. Dimensions. All cells and day rooms shall be not less than eight feet from finished floor to ceiling and five feet from wall to wall. Cells containing over/under bunk units shall be measured from center line of units to wall. Corridors shall be not less than four feet wide. sec.261.143. Furnishings for Inmate Housing Areas. (a) Bunks. Bunks shall be fire resistive and securely anchored. The mattress surface of the bunk shall measure not less than two feet-three inches wide and six feet-three inches long. (b) Toilets and Lavatories. Detention type toilets and lavatories shall be provided in cells and day rooms. In direct supervision living areas, they shall be constructed in such manner and of such material so as to resist vandalism. Based on design capacity, each cell and day room shall provide one toilet and lavatory capable of providing drinking water for each group or increment of 12 inmates. (c) Showers. Shower areas shall be not less than two feet-six inches square per showerhead and not less than seven feet high. Construction shall be of vandal resistive materials and should be of materials which resist the action of soap and water. Drying areas of not less than two feet-six inches square sloped to a drain should be provided adjoining the shower entrance. Based on design capacity, each separation cell and day room shall provide one shower for each group or increment of 12 inmates. (d) Tables and Seating. Tables and seating shall be constructed of materials which will resist vandalism. They shall be fire resistive, securely anchored, and reasonably remote from toilet areas. Tables and seating in direct supervision day rooms are not required to be anchored. Tables and benches shall be not less than 12 inches wide, and linear seating shall be not less than 18 inches per person. Stools shall be not less than 12 inches in diameter. Seating height of 14 inches to 18 inches shall be provided. (e) Privacy Shields. Inmate toilet areas in holding cells shall be configured or equipped to provide reasonable privacy from exposure to persons outside the cell. Privacy shields should extend from about 15 inches above the finished floor to about four feet-six inches high and shall be securely anchored. (f) Mirrors. Mirrors shall be constructed of unbreakable material. Mirrors shall be provided above lavatories in separation cells. sec.261.145. Floors. Floors should provide a high resistance to wear and moisture. A nonslip surface should be provided at the entrance to all shower areas. sec.261.156. Power Operated Locks. Power operated locks, where used, shall be motor, solenoid, or pneumatic type and provide electrical control unlocking, key unlocking by manual operation, and automatic mechanical deadlocking of doors upon closing. A door position switch and door position indicator shall be provided for all doors equipped with power operated locks. Heavy-duty, detention type door closers should be provided on all swinging doors equipped with power operated locks. sec.261.157. Remote Controls. Doors to single cells, multiple occupancy cells, dormitories, and day rooms shall be capable of being locked and unlocked individually by control means located remote from the cell area. Single cells with contiguous day room and separation cells which open directly on an exiting corridor are exempt from this requirement. All remote door controls should be secure. sec.261.162. Plumbing. Plumbing work shall meet the requirements of the Southern Standard Building Code, or equivalent. Warm and cold water should be provided at all lavatories and warm water shall be provided at all showers. Warm water temperature shall be between 100 and 120 degrees Fahrenheit. All plumbing in inmate occupied areas should have quick shut off capability. sec.261.165. Floor Drains. Floor drains shall be located throughout the facility so as to reduce the possibility of flooding. Floor drains shall be provided in every area where toilets, lavatories, or showers are located. Drain covers should be provided and securely anchored with vandal proof screws. sec.261.166. Lighting. Adequate illumination shall be provided throughout the cells and day rooms. An illumination level of 20 foot candles shall be provided at mirrors and tables. Master light controls for cells and day rooms and electrical conduit shall be out of reach of inmates. Inmates should be capable of controlling some lighting; override capability shall be provided. All lighting fixtures in cells and day rooms shall be detention type. Night lights sufficient to permit continuous observation shall be provided. Control areas and means of egress shall be continuously illuminated. Exteriors of buildings and all entrances shall be lighted sufficiently to observe approaching persons. sec.261.168. Television Monitoring. Closed circuit television monitoring may be provided to supplement control and security functions. Closed circuit television monitoring of toilet and shower areas shall not be allowed except in medical and special observation areas. sec.261.169. Electrical Power. Electrical installation shall comply with state and local codes and ordinances. Facilities should have adequate electrical receptacles in corridors or chases for food carts, janitorial, and maintenance equipment. sec.261.170. Emergency Electrical Power. An emergency electrical power system for quick recovery to maintain essential services, security, and safety should be provided to meet the life safety requirements as required by Chapter 263 (relating to Life Safety). If installed, such system shall be tested operationally not less than weekly and a record kept of this testing. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on November 28, 1994. TRD-9451421 Jack E. Crump Executive Director Commission on Jail Standards Effective date: December 19, 1994 Proposal publication date: September 20, 1994 For further information, please call: (512) 463-5505 Existing Lockup Design, Construction and Furnishing Requirements 37 TAC sec.sec.261.200-261.266 The new rules are adopted under Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing standards for the construction, equipment, maintenance and operation of county jails. sec.261.200. Lockup Operation Concept. A facility shall be planned to receive unclassified persons, hold pretrial persons, and allow for processing, classifying, and releasing persons at all times. Inmates shall not be confined in a lockup in excess of 72 hours. sec.261.201. Lockup Facilities. A facility shall consist of one or more single cells and may include multiple occupancy cells or dormitories. sec.261.202. Lockup Security Requirements. Facility security should be planned to protect inmates from one another, protect staff and visitors from inmates, and deter or prevent escapes. sec.261.204. Construction Materials. Inmate housing areas and day rooms shall be constructed of metal, masonry, concrete, or other comparable materials. The level of security desired should determine the selection of appropriate materials. sec.261.205. Public Areas. Public areas shall be located outside the security perimeter. Public access to the security perimeter shall be controlled. A public lobby or waiting area should be provided for the convenience of the public, including seating, drinking fountains, and rest rooms and should include lockers or storage for visitors' articles. Provisions shall be made for disabled visitors. sec.261.207. Administrative Space. The facility shall provide sufficient space for administrative, program, and clerical needs. Adequate space for equipment and supplies shall be provided to meet established and projected needs. These spaces should be located outside the inmate housing areas. Evidence storage should not be located within the security perimeter. sec.261.213. Emergency Access. Multistory facilities shall have an elevator or other passageway large enough to accommodate the passage of patient evacuation equipment. sec.261.214. Segregation. Design shall provide adequate segregation facilities for segregation of different classifications of inmates as required by Chapter 271 of this title (relating to Classification and Segregation). sec.261.215. Functions. Minimum space allocations should provide for, but not be limited to: (1) Inmate processing: (A) reception and holding; (B) shakedown; (C) booking; (D) identification; (E) dressing in and out; (F) video taping and intoxilizer programs if such are to be performed in the facility. (2) Detention: (A) inmate housing; (B) segregation; (C) visiting; (D) guard stations. (3) Support/Services: (A) public areas; (B) administrative offices; (C) food service; (D) laundry; (E) storage; (F) sanitation; (G) line-up. (4) It is permissible to use the same room or space allocation for more than one of the listed functions where such use will not deny the rights of any individual and will not impair the safety, security, sanitation, or required segregation of the facility. sec.261.219. Processing Area. Facilities shall have a processing area located inside the security perimeter. The processing area shall be designed to readily permit the booking, shakedown, identification, and dressing of inmates. A telephone shall be available for detainees' use. Processing areas should be provided with access to drinking fountains and toilets. Panels or partitions may be erected in the booking area to provide privacy and separation of inmates. sec.261.223. Kitchen. If food is to be prepared in the facility, a kitchen of adequate size and properly equipped shall be provided and shall include the following. (1) Functions. Kitchen space and equipment shall allow for the efficient operations of receiving, storage, processing, preparation, cooking, baking, serving, dish washing, cleaning, menu preparation, record keeping, personal hygiene, and removal of waste and garbage. Kitchen functions shall be performed without compromising the security of the facility. The kitchen should not be designed as a passageway for nonfood handling persons. (2) Storage. Adequate dry and cold storage shall be provided appropriate for the size of kitchen. Separate storage shall be provided for nonfood items. (3) Surfaces. The kitchen floor shall be properly pitched to adequate floor drains and allow for proper cleaning. Floor finish should prevent slipping. The junction between floors and walls shall be covered. Walls and ceilings shall be finished with smooth, washable, light colored surfaces. (4) Light. Adequate lighting shall be provided on all work surfaces. (5) Ventilation. Food service areas shall be adequately ventilated to control disagreeable odors and moisture. All openings to the outside shall be secured and provided with insect screens. (6) Water. Adequate hot and cold water shall be provided for food preparation, cleaning and dish washing. Hot water equipment shall be of sufficient size and capacity to meet the needs of the facility. (7) Codes. Kitchens shall comply with state health codes. sec.261.225. Laundry Facilities. A laundry, or an acceptable laundry vendor, or both, shall be maintained to provide clean clothing, bedding, and supplies. Adequate, separate storage space, commensurate with facility capacity, shall be provided for both clean and soiled laundry and laundry supplies. Where applicable, space shall be provided for washers, extractors, and dryers. A toilet and lavatory should be provided nearby. sec.261.226. Storage Area Capacities. Storage areas based upon facility capacity should be provided as follows: (1) Inmate property: two cubic feet per inmate; (2) Inmate uniforms and linens: three cubic feet per inmate; (3) Inmate mattresses: raised perforated storage in the amount of five and one-fourth cubic feet per mattress for 25% of total capacity. sec.261.228. Medical Storage Space. Adequate, secure space for first aid equipment, medical supplies, and drugs shall be provided. sec.261.229. Single Cells. Single cells shall not be less than eight feet high from finished floor to ceiling and not less than five feet wide from wall to wall. They shall contain not less than 40 square feet of floor space. They shall have one bunk, toilet, lavatory, table, and seat. sec.261.230. Multiple Occupancy Cells. Multiple occupancy cells shall contain two to eight bunks and not less than 40 square feet of floor space for the first bunk plus 18 square feet of floor space for each additional bunk. Each multiple occupancy cell shall have one toilet and lavatory. Cells shall contain table and seating if day room space is not provided. sec.261.232. Day Rooms. Single cells, multiple occupancy cells, and dormitories may be provided with day rooms. Day rooms shall be designed for no more than 24 inmates. Based on the design capacity of the cells served, the day rooms shall contain: not less than 40 square feet of floor space for the first inmate plus 18 square feet of floor space for each additional inmate; adequate toilets, lavatories, mirrors, showers, seating, and tables. A utility sink should be provided. Day rooms may be contiguous with inmate living areas provided that space requirements for living areas and day rooms are met. Convenient electrical receptacles circuited with ground fault protection should be provided. Power to receptacles should be individually controlled outside of the cell. sec.261.233. Separation Cells. A facility may have one or more single occupancy separation cells which shall include the following features and equipment. (1) Furnishings. Each cell shall be provided with a table, seat, mirror and bunk. A shelf and clothes hook may be provided. Convenient electrical receptacles circuited with ground fault protection should be provided. Power to receptacles, when provided, shall be individually controlled outside of the cell. (2) Plumbing. Cells shall be provided with a toilet, lavatory, shower, and floor drain. (3) Cell Size. Cells shall contain not less than 40 square feet of floor space. sec.261.234. Holding Cells. One or more holding cells should be provided to hold inmates pending booking, court appearance, identification, housing assignment, discharge, or other reason for temporary housing. Holding cells shall contain the following features and equipment. (1) Seating. A stationary bench or benches abutting the walls shall be provided. Benches shall be 14 inches to 18 inches above the finished floor and not less than 12 inches wide. Seating shall be sufficient to provide not less than 24 linear inches per inmate at cell capacity. (2) Plumbing. Cells shall be provided with adequate toilets, lavatories, and floor drains. The floor shall be properly pitched to drains. (3) Cell Size. The size of the cell shall be determined by the anticipated maximum number of inmates to be confined at any one time. Cells shall be constructed to house from one to 24 inmates and shall contain not less than 40 square feet of floor space for one inmate and 18 square feet of floor space for each additional inmate to be confined. (4) Surfaces. Floor, wall, and ceiling material shall be durable and easily cleaned. (5) Supervision. The cell shall be located and constructed to facilitate supervision of the cell area and to materially reduce noise. sec.261.235. Detoxification Cells. A facility should provide one or more detoxification cells for the detention of persons during the detoxification process. These cells shall include the following features and equipment. (1) Seating. A stationary bench or benches abutting the walls shall be provided. Benches shall be not higher than 8 inches above the finished floor, not less than two feet wide and shall extend the length of the cell. (2) Plumbing. Cells shall be provided with one or more vandal resistive flushing floor drains with outside controls, or vandal resistive toilet, lavatory, and standard floor drains. The floor shall be properly pitched to drains. Drinking fountains or lavatories capable of providing drinking water shall be provided. (3) Cell Size. The size of the cell shall be determined by the anticipated maximum number of intoxicated inmates to be confined at any one time. Cells shall be constructed to house from one to 12 inmates and shall contain not less than 40 square feet of floor space for one inmate and 18 square feet of floor space for each additional inmate to be confined. (4) Surfaces. Floor, wall, and ceiling material shall be durable and easily cleaned. (5) Supervision. The cell should be located and constructed to facilitate supervision of the cell area and to materially reduce noise. sec.261.236. Dimensions. All cells and day rooms shall be not less than eight feet from finished floor to ceiling and five feet from wall to wall. Cells containing over/under bunk units shall be measured from center line of units to wall. Corridors shall be not less than four feet wide. sec.261.238. Furnishings for Inmate Housing Areas. (a) Bunks. Bunks shall be fire resistive and securely anchored. The mattress surface of the bunk shall measure not less than two feet-three inches wide and six feet-three inches long. (b) Toilets and Lavatories. Detention type toilets and lavatories shall be provided in cells and day rooms. Based on design capacity, each cell and day room shall provide one toilet and lavatory capable of providing drinking water for each group or increment of eight inmates. (c) Showers. Shower areas shall be not less than two feet-six inches square per showerhead and not less than seven feet high. Construction shall be of vandal resistive materials and should be of materials which resist the action of soap and water. Drying areas of not less than two feet-six inches square sloped to a drain should be provided adjoining the shower entrance. Based on design capacity, each separation cell and day room shall provide one shower for each group or increment of 12 inmates. (d) Tables and Seating. Tables and seating shall be constructed of materials which will resist vandalism. They shall be fire resistive, securely anchored, and reasonably remote from toilet areas. Tables and benches shall be not less than 12" wide, and linear seating shall be not less than 18 continuous inches per person. Stools shall be not less than 12" in diameter. Seating height of 14 inches to 18 inches shall be provided. (e) Privacy Shields. Inmate toilet areas in holding cells shall be configured or equipped to provide reasonable privacy from exposure to persons outside the cell. Privacy shields should extend from about 15" above the finished floor to about four feet-six inches high and shall be securely anchored. (f) Mirrors. Mirrors shall be constructed of unbreakable material. Mirrors shall be provided above lavatories in separation cells. sec.261.240. Floors. Floors should provide a high resistance to wear and moisture. A nonslip surface should be provided at the entrance to all shower areas. sec.261.251. Power Operated Locks. Power operated locks, where used, shall be motor, solenoid, or pneumatic type and provide electrical control unlocking, key unlocking by manual operation, and automatic mechanical deadlocking of doors upon closing. A door position switch and door position indicator shall be provided for all doors equipped with power operated locks. Heavy-duty, detention type door closers should be provided on all swinging doors equipped with power operated locks. sec.261.252. Remote Controls. Doors to single cells, multiple occupancy cells, dormitories, and day rooms shall be capable of being locked and unlocked individually by control means located remote from the cell area. Single cells with contiguous day room and separation cells which open directly on an exiting corridor are exempt from this requirement. All remote door controls should be secure. sec.261.257. Plumbing. Plumbing work shall meet the requirements of the Southern Standard Building Code, or equivalent. Warm and cold water should be provided at all lavatories and warm water shall be provided at all showers. Warm water temperature shall be between 100 and 120 degrees Fahrenheit. All plumbing in inmate occupied areas should have quick shut off capability. sec.261.260. Floor Drains. Floor drains shall be located throughout the facility so as to reduce the possibility of flooding. Floor drains shall be provided in every area where toilets, lavatories, or showers are located. Drain covers should be provided and securely anchored with vandal proof screws. sec.261.261. Lighting. Adequate illumination shall be provided throughout the cells and day rooms. An illumination level of 20 foot candles shall be provided at mirrors and tables. Master light controls for cells and day rooms and electrical conduit shall be out of reach of inmates. Inmates should be capable of controlling some lighting; override capability shall be provided. All lighting fixtures in cells and day rooms shall be detention type. Night lights sufficient to permit continuous observation shall be provided. Control areas and means of egress shall be continuously illuminated. Exteriors of buildings and all entrances shall be lighted sufficiently to observe approaching persons. sec.261.263. Television Monitoring. Closed circuit television monitoring may be provided to supplement control and security functions. Closed circuit television monitoring of toilet and shower areas shall not be allowed except in medical and special observation areas. sec.261.264. Electrical Power. Electrical installation shall comply with state and local codes and ordinances. Facilities should have adequate electrical receptacles in corridors or chases for food carts, janitorial, and maintenance equipment. sec.261.265. Emergency Electrical Power. An emergency electrical power system for quick recovery to maintain essential services, security, and safety should be provided to meet the life safety requirements as required by Chapter 263 (relating to Life Safety). If installed, such system shall be tested operationally not less than weekly and a record kept of this testing. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on November 28, 1994. TRD-9451424 Jack E. Crump Executive Director Commission on Jail Standards Effective date: December 19, 1994 Proposal publication date: September 20, 1994 For further information, please call: (512) 463-5505 37 TAC sec.sec.261.300-261.361 The new rules are adopted under Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing standards for the construction, equipment, maintenance and operation of county jails. sec.61.301. Facility Concept. Inmates housed in low-risk facilities shall be assessed according to the provisions of Chapter 271 of this title (relating to Classification and Segregation). Unlike jails or lockups for high-risk and medium-risk inmates, these facilities do not require stringent security measures. sec.261.304. Public Areas. Public access to the building shall be through a main entrance. The public shall not have uncontrolled access to enter inmate areas. A public lobby or waiting area should be provided for the convenience of the public, including seating, drinking fountains, and rest rooms and should include lockers or storage for visitors' articles. Provisions shall be made for disabled visitors. sec.261.306. Administrative Space. The facility shall provide sufficient space for administrative, program, and clerical needs. Adequate space for equipment and supplies shall be provided to meet established and projected needs. These spaces should be located outside the inmate housing areas. Evidence storage should not be located within the security perimeter. sec.261.310. Emergency Access. Multistory facilities shall have an elevator or other passageway large enough to accommodate the passage of patient evacuation equipment. sec.261.311. Segregation. Facilities shall provide separate cells and day rooms of capacities for inmates to provide adequate separation of male and female inmates as required by Chapter 271 of this title (relating to Classification and Segregation). sec.261.312. Functions. Minimum space allocations should provide for, but not be limited to: (1) Inmate reception: (A) reception and holding; (B) video taping and intoxilizer programs if such are to be performed in the facility. (2) Detention: (A) inmate housing; (B) segregation; (C) visiting; (D) guard stations. (3) Support/Services: (A) public areas; (B) administrative offices; (C) squad rooms; (D) food service; (E) laundry; (F) inmate commissary; (G) storage; (H) sanitation; (I) medical examination; (J) multipurpose rooms; (K) recreation and exercise; (L) inmate programs and activities; (M) counseling; (N) library. (4) It is permissible to use the same room or space allocation for more than one of the listed functions where such use will not deny the rights of any individual and will not impair the safety, security, sanitation, or required segregation of the facility. sec.261.318. Kitchen. If food is to be prepared at the facility, a kitchen of adequate size and properly equipped shall be provided and shall include the following. (1) Functions. Kitchen space and equipment shall allow for the efficient operations of receiving, storage, processing, preparation, cooking, baking, serving, dish washing, cleaning, menu preparation, record keeping, personal hygiene, and removal of waste and garbage. Kitchen functions shall be performed without compromising the security of the facility. The kitchen should not be designed as a passageway for nonfood handling persons. (2) Storage. Adequate dry and cold storage shall be provided appropriate for the size of kitchen. Separate storage shall be provided for nonfood items. (3) Surfaces. The kitchen floor shall be properly pitched to adequate floor drains and allow for proper cleaning. Floor finish should prevent slipping. The junction between floors and walls shall be covered. Walls and ceilings shall be finished with smooth, washable, light colored surfaces. (4) Light. Adequate lighting shall be provided on all work surfaces. (5) Ventilation. Food service areas shall be adequately ventilated to control disagreeable odors and moisture. All openings to the outside shall be secured and provided with insect screens. (6) Water. Adequate hot and cold water shall be provided for food preparation, cleaning, and dish washing. Hot water equipment shall be of sufficient size and capacity to meet the needs of the facility. (7) Codes. Kitchens shall comply with state health codes. sec.261.320. Laundry Facilities. A laundry or an acceptable laundry vendor, or both, shall be maintained to provide clean clothing, bedding, and supplies. Adequate, separate storage space, commensurate with facility capacity, shall be provided for both clean and soiled laundry and laundry supplies. Where applicable, space shall be provided for washers, extractors, and dryers. A toilet and lavatory should be provided nearby. sec.261.321. Storage Area Capacities. Storage areas based upon facility capacity should be provided as follows: (1) Inmate property: two cubic feet per inmate, unless personal property will be maintained in another facility; (2) Inmate uniforms and linens: three cubic feet per inmate; (3) Inmate mattresses: raised perforated storage in the amount of five and one-fourth cubic feet per mattress for 25% of total capacity. sec.261.323. Medical Space and Equipment. Adequate space for first aid equipment shall be provided. Space and equipment for medical examination, treatment, and convalescent care shall be provided or provisions contained in the medical services plan. Adequate, secure storage for medical supplies and drugs shall be provided. sec.261.324. Infirmary. An infirmary should be provided for facilities of 200 or more capacity. When an infirmary is provided, the following minimum components shall be included: (1) nurses station; (2) locked medication station with storage for individually filled prescriptions; (3) utility room with sink and storage for linens and equipment; (4) refrigerated storage; (5) utility room with double tub sink and clinical service sink with flushing rim; (6) 80 square feet of floor space per bed; (7) at least one single occupancy room or cell with 80 square feet of floor space; (8) doors, through which patients and equipment are to be moved, of adequate width to allow turning of wheeled chairs and tables normally used in medical facilities; (9) a lavatory with a gooseneck inlet and wrist controls accessible to each ward; (10) janitor closet; (11) toilet, lavatory, and shower for use of inmates in the infirmary; (12) additional elements as dictated by the facility health care director. sec.261.325. Multipurpose Rooms. One or more multipurpose rooms should be provided. These multipurpose rooms may be used for group assembly, conferences, contact visitation, counseling, religious services, education, or other special uses. sec.261.327. Single Cells. Single cells, if provided, shall not be less than eight feet high from finished floor to ceiling and not less than five feet wide from wall to wall. They shall contain not less than 40 square feet of floor space. They shall have one bunk, toilet, lavatory, table, and seat. sec.261.328. Multiple Occupancy Cells. Multiple occupancy cells shall contain two to eight bunks and not less than 40 square feet of floor space for the first bunk plus 18 square feet of floor space for each additional bunk. Each multiple occupancy cell shall have one toilet and lavatory. Multiple occupancy cells should not be provided in direct supervision facilities. sec.261.330. Day Rooms. All single cells, multiple occupancy cells, and dormitories shall be provided with day rooms. Separation cells, violent cells, holding cells, and medical cells are exempt from this requirement. Day rooms shall be designed for no more than 24 inmates, except direct supervision day rooms may be designed for up to 48 inmates. Based on the design capacity of the cells served, the day rooms shall contain: not less than 40 square feet of floor space for the first inmate plus 18 square feet of floor space for each additional inmate; adequate toilets, lavatories, mirrors, showers, seating, and tables. A utility sink should be provided. Day rooms may be contiguous with inmate living areas provided that space requirements for living areas and day rooms are met. Convenient electrical receptacles circuited with ground fault protection should be provided. sec.261.331. Separation Cells. Separation cells, if provided, shall include the following features and equipment. (1) Furnishings. Each cell shall be provided with a table, seat, mirror, and bunk. A shelf and clothes hook may be provided. Convenient electrical receptacles circuited with ground fault protection should be provided. Power to receptacles shall be individually controlled outside of the cell. (2) Plumbing. Cells shall be provided with a toilet, lavatory, shower, and floor drain. (3) Cell Size. Cells shall contain not less than 40 square feet of floor space. sec.261.332. Holding Cells. Holding cells, if provided, shall contain the following features and equipment. (1) Seating. A stationary bench or benches abutting the walls shall be provided. Benches shall be 14 inches to 18 inches above the finished floor and not less than 12 inches wide. Seating shall be sufficient to provide not less than 24 linear inches per inmate at cell capacity. (2) Plumbing. Cells shall be provided with adequate toilets, lavatories, and floor drains. The floor shall be properly pitched to drains. (3) Cell Size. The size of the cell shall be determined by the anticipated maximum number of inmates to be confined at any one time. Cells shall be constructed to house from one to 24 inmates and shall contain not less than 40 square feet of floor space for one inmate and 18 square feet of floor space for each additional inmate to be confined. (4) Surfaces. Floor, wall and ceiling material shall be durable and easily cleaned. (5) Supervision. The cell should be located and constructed to facilitate supervision of the cell area and to materially reduce noise. sec.261.333. Detoxification Cells. Any facility that anticipates the housing of intoxicated persons should provide one or more detoxification cells for the detention of persons during the detoxification process. These cells shall include the following features and equipment. (1) Seating. A stationary bench or benches abutting the walls shall be provided. Benches shall be not higher than eight inches above the finished floor, not less than two feet wide and shall extend the length of the cell. (2) Plumbing. Cells should be provided with one or more vandal resistive flushing floor drains with outside controls, or vandal resistive toilet, lavatory, and standard floor drains. The floor shall be properly pitched to drains. Drinking fountains or lavatories capable of providing drinking water should be provided. (3) Cell Size. The size of the cell shall be determined by the anticipated maximum number of intoxicated inmates to be confined at any one time. Cells shall be constructed to house from one to 12 inmates and shall contain not less than 40 square feet of floor space for one inmate and 18 square feet of floor space for each additional inmate to be confined. (4) Surfaces. Floor, wall, and ceiling material shall be durable and easily cleaned. (5) Supervision. The cell shall be located and constructed to facilitate supervision of the cell area and to materially reduce noise. sec.261.334. Violent Cells. A facility may contain one or more single occupancy cells for the temporary holding of violent persons. Violent cells shall include the following features and equipment. (1) Furnishings. The cell shall be equipped with a hammock, not less than two feet-three inches wide and six feet-three inches long, made of an elastic or fibrous fabric. A bench abutting the wall, the length or width of the cell, at least two feet-three inches wide and six feet-three inches long and not more than eight inches above the floor may be provided in lieu of a hammock. (2) Plumbing. Flushing type floor drains with outside controls shall be provided. (3) Cell Size. Cell shall contain not less than 40 square feet of floor space. (4) Padding. Walls, floor, and bench shall be completely covered with a material to protect the inmate from self injury. The type of material used to cover the walls, floor, and bench shall be fire resistive and nontoxic. sec.261.335. Dimensions. All cells and day rooms shall be not less than eight feet from finished floor to ceiling and five feet-six inches from wall to wall. Cells containing over/under bunk units shall be measured from center line of units to wall. Corridors shall be not less than four feet wide. sec.261.336. Furnishings for Inmate Housing Areas. (a) Bunks. Bunks shall be fire resistive. The mattress surface of the bunk shall measure not less than two feet-three inches wide and six feet-three inches long. (b) Toilets and Lavatories. Toilets and lavatories shall be provided in cells and day rooms. They may be conventional type. Based on design capacity, each cell and day room shall provide one toilet and lavatory capable of providing drinking water for each group or increment of eight inmates. (c) Showers. Shower areas shall be not less than two feet-six inches square per showerhead and not less than seven feet high. Construction should be of materials which resist the action of soap and water. Drying areas of not less than two feet-six inches square sloped to a drain should be provided adjoining the shower entrance. Based on design capacity, each separation cell and day room shall provide one shower for each group or increment of 12 inmates. (d) Tables and Seating. Tables and seating shall be constructed of materials which will resist vandalism. They shall be fire resistive and reasonably remote from toilet areas. Tables and benches shall be not less than 12 inches wide, and linear seating shall be not less than 18 continuous inches per person. Stools shall be not less than 12 inches in diameter. Seating height of 14 inches to 18 inches shall be provided. (e) Privacy Shields. Inmate toilet areas in holding cells shall be configured or equipped to provide reasonable privacy from exposure to persons outside the cell. Privacy shields should extend from about 15 inches from the finished floor to about four feet-six inches high and shall be securely anchored. (f) Mirrors. Mirrors shall be constructed of unbreakable material. Mirrors shall be provided above lavatories in separation cells. sec.261.338. Floors. Floors should provide a high resistance to wear and moisture. A nonslip surface should be provided at the entrance to all shower areas. sec.261.352. Plumbing. Plumbing work shall meet the requirements of the Southern Standard Building Code, or equivalent. Warm and cold water should be provided at all lavatories and warm water shall be provided at all showers. Warm water temperature shall be between 100 and 120 degrees Fahrenheit. All plumbing in inmate occupied areas should have quick shut off capability. sec.261.355. Floor Drains. Floor drains shall be located throughout the facility so as to reduce the possibility of flooding. Floor drains shall be provided in every area where toilets, lavatories, or showers are located. sec.261.356. Lighting. Adequate illumination shall be provided throughout the cells and day rooms. An illumination level of 20 foot candles shall be provided at mirrors and tables. Inmates should be capable of controlling some lighting; override capability shall be provided. Night lights sufficient to permit continuous observation shall be provided. Control areas and means of egress shall be continuously illuminated. Exteriors of buildings and all entrances shall be lighted sufficiently to observe approaching persons. sec.261.358. Television Monitoring. Closed circuit television monitoring may be provided to supplement control and security functions. Closed circuit television monitoring of toilet and shower areas shall not be allowed except in medical and special observation areas. sec.261.359. Electrical Power. Electrical installation shall comply with state and local codes and ordinances. Facilities should have adequate electrical receptacles in corridors or chases for food carts, janitorial, and maintenance equipment. sec.261.360. Emergency Electrical Power. An emergency electrical power system for quick recovery to maintain essential services, security, and safety should be provided to meet the life safety requirements as required by Chapter 263 (relating to Life Safety). If installed, such system shall be tested operationally not less than weekly and a record kept of this testing. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on November 28, 1994. TRD-9451425 Jack E. Crump Executive Director Commission on Jail Standards Effective date: December 19, 1994 Proposal publication date: September 20, 1994 For further information, please call: (512) 463-5505 Chapter 263. Life Safety The Texas Commission on Jail Standards adopts the repeal of sec.sec.263.1-263. 4, 263.10-263.23, 263.30-263.33, 263.40-263.44, 263.50-263.57, 263.70, 263.71, and 263.80-263.83, concerning Life Safety Rules, without changes to the proposed text as published in the September 20, 1994, issue of the Texas Register (19 TexReg 7388). These rules are being repealed to allow adoption of new rules. The repeals function to delete vague language and allow for new concise and current rules. No comments were received regarding adoption of the repeals. General 37 TAC sec.sec.263.1-263.4 The repeals are adopted under Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing standards for the construction, equipment, maintenance and operation of county jails. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on November 28, 1994. TRD-9451426 Jack E. Crump Executive Director Commission on Jail Standards Effective date: December 19, 1994 Proposal publication date: September 20, 1994 For further information, please call: (512) 463-5505 Design and Materials 37 TAC sec.sec.263.10-263.23 The repeals are adopted under Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing standards for the construction, equipment, maintenance and operation of county jails. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on November 28, 1994. TRD-9451428 Jack E. Crump Executive Director Commission on Jail Standards Effective date: December 19, 1994 Proposal publication date: September 20, 1994 For further information, please call: (512) 463-5505 Detection and Alarm Systems 37 TAC sec.sec.263.30-263.33 The repeals are adopted under Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing standards for the construction, equipment, maintenance and operation of county jails. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on November 28, 1994. TRD-9451430 Jack E. Crump Executive Director Commission on Jail Standards Effective date: December 19, 1994 Proposal publication date: September 20, 1994 For further information, please call: (512) 463-5505 Plans and Drills for Emergencies 37 TAC sec.sec.263.40-263.44 The repeals are adopted under Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing standards for the construction, equipment, maintenance and operation of county jails. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on November 28, 1994. TRD-9451432 Jack E. Crump Executive Director Commission on Jail Standards Effective date: December 19, 1994 Proposal publication date: September 20, 1994 For further information, please call: (512) 463-5505 Life Safety and Emergency Equipment 37 TAC sec.sec.263.50-263.57 The repeals are adopted under Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing standards for the construction, equipment, maintenance and operation of county jails. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on November 28, 1994. TRD-9451434 Jack E. Crump Executive Director Commission on Jail Standards Effective date: December 19, 1994 Proposal publication date: September 20, 1994 For further information, please call: (512) 463-5505 Records and Reports 37 TAC sec.263.70, sec.263.71 The repeals are adopted under Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing standards for the construction, equipment, maintenance and operation of county jails. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on November 28, 1994. TRD-9451436 Jack E. Crump Executive Director Commission on Jail Standards Effective date: December 19, 1994 Proposal publication date: September 20, 1994 For further information, please call: (512) 463-5505 Additional Information/Recommendations 37 TAC sec.sec.263.80-263.83 The repeals are adopted under Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing standards for the construction, equipment, maintenance and operation of county jails. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on November 28, 1994. TRD-9451438 Jack E. Crump Executive Director Commission on Jail Standards Effective date: December 19, 1994 Proposal publication date: September 20, 1994 For further information, please call: (512) 463-5505 The Texas Commission on Jail Standards adopts new sec. sec.263.1-263.3, 263.10-263.21, 263.30-263.33, 263.40-263.42, 263.50-263.56, 263.70, and 263.71, concerning Life Safety. Sections 263.1-263.3, 263.10, 263.12-263.15, 263. 17- 263.21, 263.30, 263.40, 263.50, 263.51, 263.53-263.55, and 263.70 are adopted with changes to the proposed text as published in the September 20, 1994, issue of the Texas Register (19 TexReg 7388). The remaining sections are adopted without changes. Adoption of these rules revises jail standards to make them concise, current and comprehensible. The rules function to provide new regulations that encompass the current standards of the commission. No comments were received regarding adoption of the new sections. General 37 TAC sec.sec.263.1-263.3 The new rules are adopted under Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing standards for the construction, equipment, maintenance and operation of county jails. sec.263.1. General Purpose. All facilities shall be designed, constructed, maintained, staffed, and operated to: (1) provide for proper compartmentation; (2) provide for the prompt detection, alarm, and extinguishing of fires and the avoidance of any explosion; (3) provide for a mechanical smoke management system and other emergency equipment; (4) provide (and file with the Commission) plans, programs, drills, and training for emergencies, as required under sec.263.40 and sec.263.41 of this title (relating to Plans and Drills for Emergencies). sec.263.2. Equivalency. Nothing in these rules is intended to prevent the use of new systems, new methods, new devices, or systems, methods, or devices of equivalent quality, strength, fire resistance effectiveness, durability, and safety to those set forth in these rules, providing technical data is submitted to the commission demonstrating the equivalency of such systems, methods or devices. sec.263.3. Adequacy of Plans/Drills. The commission shall determine the compliance of each facility's exits, emergency plans, programs, drills, procedures, equipment, and the other measures for life safety in accordance with these rules. Variances from the strict requirements of these rules may be granted by the commission in accordance with the variance procedures set forth in Chapter 299 of this title (relating to Variance Procedure Rules), but only when it is clearly evident that reasonable life safety is thereby secured. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on November 28, 1994. TRD-9451427 Jack E. Crump Executive Director Commission on Jail Standards Effective date: December 19, 1994 Proposal publication date: September 20, 1994 For further information, please call: (512) 463-5505 Design and Materials 37 TAC sec.sec.263.10-263.21 The new rules are adopted under Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing standards for the construction, equipment, maintenance and operation of county jails. sec.263.10. Removal of Occupants. Because doors are locked and windows are secured in jails, provisions shall be made for the rapid removal of occupants by such reliable means as the remote control of doors, or by keying all locks to keys readily available to staff who are continually on duty, and have undergone emergency drills. sec.263.12. Additions/New Construction. New facilities, new additions, and major renovations to existing facilities shall: (1) be constructed of fire-resistive, noncombustible materials. Single story low-risk facilities may use wood framing when provided as part of an Underwriters Laboratory fire rated assembly, appropriate for the application, provided exterior walls, interior walls, and ceilings are of fire resistive materials. Roof materials shall meet Class C criterion unless superseded by local code requirements; (2) have dividing fire and smoke partitions between floors, between compartments, and in corridors with self-closing fire doors or normally closed power operated swinging or sliding detention doors; (3) have Class A interior finish materials on all interior surfaces (flame spread 0-25, smoke developed 0-450 in accordance with NFPA 255, "Method of Test of Surface Burning Characteristics of Building Materials"); (4) be designed for isolation of fires, riots, or other emergencies; (5) provide means of egress components consisting of doors, stairs, and smoke proof enclosures (in multistory facilities), horizontal exits, and passageways in accordance with NFPA 101 Life Safety Code sec.14.2 concerning Means of Egress Components. sec.263.13. Number of Exits. There shall be no less than two exits on each floor of each facility, as remote as practicable from one another, to minimize the possibility that both may be blocked at the same time by fire or other emergency, and to which, upon release in emergency situations, inmates may have access by open, unobstructed, safe, and continuous passageways or corridors leading directly to such exits. Travel distance between any the facility and an exit shall not exceed 150 feet. Travel distance between and an exit may be increased by 50 feet in fully sprinklered facilities not to exceed 200 feet of total travel distance. Existing facilities having a capacity of 45 inmates or less may operate with a single exit with the approval of the commission. Elevators shall not be considered or relied upon as exits. sec.263.14. Width of Exit. Exit doors to cells, day rooms, and other rooms where inmates are confined, up to a capacity of 48 inmates, shall have a minimum clear width of 28 inches. The minimum width of all other exit doors shall be calculated at 0.2 inches of clear width for each inmate utilizing the door for exit access, but in no case shall such width be less than 36 inches. Stairs shall provide 0.3 inches of width for each inmate utilizing stairs for exit access, but in no case shall such width be less than 44 inches. (Exception: Facilities in operation or initiated prior to March 31, 1991 may utilize exit doors having a minimum clear width of 28 inches.) sec.263.15. Illumination of Exits. All corridors and passages to exits, the exits themselves, discharging stairways, and other means of egress shall be continuously illuminated less than 1.0 foot-candle measured at the floor, and shall be so arranged that the failure of any lighting unit or bulb will not leave any area in darkness. sec.263.17. Exit Stairways. Interior stairways serving as emergency exits for new facilities and new additions shall be separated by a two hour fire rated enclosure and self-closing fire doors. sec.263.18. Exit Doors. All swinging doors to cells, day rooms, and inmate activity areas shall be installed to swing in the direction of exit traffic; and all doors shall be so situated that, in the process of opening and when fully open, they shall be unobstructed. sec.263.19. Hazardous Area Protection. (a) Areas used for general storage, boiler or furnace rooms, fuel storage, storage for chemicals or cleaning supplies, maintenance shops including woodworking and painting areas, laundries, and kitchens, shall be separated from other parts of the building with two hour fire resistive construction with openings protected with automatic or self-closing one-half hour fire rated assemblies. When the hazardous area is protected by automatic sprinkler protection, the separation may be of one hour fire resistive construction with openings protected with automatic or self closing 20 minute fire rated assemblies. (b) Cooking facilities producing grease laden vapors shall have approved automatic fire extinguishing systems protecting cooking surfaces and hood and duct systems serving the cooking equipment in accordance with NFPA 96. (c) Where hazardous processes or storage areas are of such a character as to introduce an explosion potential, explosion venting or an explosion suppression system specifically designed for the hazard shall be provided. The use of combustible supplies and permitting of hazardous material and trash to collect shall be minimized and avoided where possible. sec.263.20. Duct Dampers. Air conditioning and ventilation duct work in new facilities and new additions shall contain dampers to resist the passage of smoke penetrates a smoke partition or floor level; such ducts shall close automatically upon the detection of smoke. (Exception: this rule does not apply for duct work which is part of a smoke detection or smoke management system). sec.263.21. Construction Materials and Furnishings. Construction materials as well as furnishings and fittings shall consist of noncombustible or low hazard content material only. Fire resistant and nontoxic mattresses only (pillows where furnished), to include the core and ticking, shall be used. Ticking should be antibacterial, stain resistant and easily cleaned. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on November 28, 1994. TRD-9451429 Jack E. Crump Executive Director Commission on Jail Standards Effective date: December 19, 1994 Proposal publication date: September 20, 1994 For further information, please call: (512) 463-5505 Detection and Alarm Systems 37 TAC sec.sec.263.30-263.33 The new rules are adopted under Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing standards for the construction, equipment, maintenance and operation of county jails. sec.263.30. General. An automatic fire detection and alarm system shall be provided for all facilities. The system shall include: (1) automatic fire detection for all areas of the facility; (2) manual fire alarm pull station for staff use; (3) visual and audible annunciation of all fire detection devices and fire extinguishing systems at continuously staffed locations. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on November 28, 1994. TRD-9451431 Jack E. Crump Executive Director Commission on Jail Standards Effective date: December 19, 1994 Proposal publication date: September 20, 1994 For further information, please call: (512) 463-5505 Plans and Drills for Emergencies 37 TAC sec.sec.263.40-263.42 The new rules are adopted under Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing standards for the construction, equipment, maintenance and operation of county jails. sec.263.40. Plans. Each facility shall have and implement a written plan, approved by the commission, for escapes, riots, assaults, fires, evacuations, rebellions, civil disasters, and any other emergencies. Each plan shall provide for: (1) use and response to alarms; (2) notification of and access for: (A) fire department; (B) emergency medical service; (C) other law enforcement officials; (3) isolation of emergency areas; (4) prompt release and evacuation of emergency areas (including nonambulatory inmates); (5) prevention of escapes during evacuations; (6) fire suppression and extinguishment, rendering of prompt medical aid and quelling disturbances; and (7) protection of staff during emergencies. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on November 28, 1994. TRD-9451433 Jack E. Crump Executive Director Commission on Jail Standards Effective date: December 19, 1994 Proposal publication date: September 20, 1994 For further information, please call: (512) 463-5505 Life Safety and Emergency Equipment 37 TAC sec.sec.263.50-263.56 The new rules are adopted under Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing standards for the construction, equipment, maintenance and operation of county jails. sec.263.50. Emergency Electrical Power. (a) New facilities, new additions, and major renovations to existing facilities shall be equipped with an emergency back-up electrical generator designed to operate both manually and automatically upon interruption of the primary electrical power source. The system shall be capable of operating uninterrupted for a minimum period of one and one half hours without refueling. Back-up electrical power shall be provided for necessary equipment and life safety systems including, but not limited to: (1) emergency illumination systems; (2) exit lights; (3) smoke management systems; (4) fire detection and alarm systems; (5) audible communication systems; (6) security/control systems; (7) normal ventilation systems required for smoke detection. (b) Existing facilities shall provide emergency illumination and this may be accomplished by utilizing a battery back-up system capable of continuous operation for one and one-half hours. sec.263.51. Smoke Management. (a) General. Jails shall have a sufficient means of managing smoke from a fire to permit orderly movement of inmates from the area of a fire incident. Smoke management shall limit the exposure of staff to untenable conditions when responding to a fire emergency. The means of smoke management shall be a combination of compartmentation, control of smoke migration from the affected area, and means of removing smoke to the exterior of the building. The smoke management system shall include the consideration of: (1) automatic and manual fire detection; (2) automatic and manual fire alarm; (3) automatic and manual smoke control system activation; (4) automatic and manual fire suppression; (5) maintenance of safe means of egress; (6) movement of inmates from affected area to an area of safety; (7) containment of smoke to space of fire origin; (8) automatic and manual removal of smoke. (b) Coverage. (1) Smoke management shall be provided throughout all detention and support areas within the security perimeter; (2) Mechanical smoke control systems and smoke removal systems shall be provided for all inmate housing areas, including cells, day rooms, dormitories, and special purpose cells; (3) For the purpose of smoke control and smoke removal systems, the affected area shall be deemed to be the compartment consisting of a cell, day room, dormitory, or special purpose cell, in which the fire incident originates. Where open grating or mesh walls are used, the affected area shall be restricted to the cell(s) and the adjacent day room. (c) Compartmentation. Smoke barriers shall be provided in accordance with the Life Safety Code, NFPA 101 14.3 concerning Subdivision of Building Spaces. (d) Control of Smoke Migration. (1) The fire detection system shall promptly detect smoke within the affected area; (2) Upon detection, an alarm system shall automatically alert the control station(s) and initiate the automatic smoke control system; (3) The smoke control system shall automatically, by pressure differential and/or air flow, contain smoke in the area of fire origin; (4) Smoke control systems shall be designed so that smoke is restricted from entering the means of egress during the evacuation of inmates by providing sufficient air flow through exit access doors, when open; (5) A manual override capability shall be provided in the event of detection failure and for testing purposes. (e) Smoke Removal. (1) All jails shall be provided with smoke removal capability, except as provided under subsection (g) of this section, relating to exceptions. (2) The smoke removal system shall have the ability to remove smoke from the affected area to the exterior of the building using fixed mechanical equipment. Existing facilities (in operation prior to December 23, 1976) may be exempt from using fixed equipment when portable equipment is provided. (3) During smoke removal, smoke shall not migrate from the affected area to other areas of the building. (4) Smoke removal systems shall be designed to develop air flow patterns within the affected area which contribute to the dilution and removal of smoke. Air devices for supply and exhaust shall be separated by a distance of not less than 75% of the horizontal dimensions of the compartment and so arranged to provide air flow coverage of at least 50% of the vertical dimension of the compartment. Alternate air device configurations which have demonstrated effectiveness by field testing or mock-up testing may be approved. (5) Capacity of the smoke removal system shall be sufficient to comply with subsection (f) of this section relating to smoke testing. Facilities in operation or initiated prior to March 31, 1991, which are not provided with a complete smoke management system (as required by this section) shall provide smoke removal capability, being automatically activated by the smoke detection system when utilizing fixed equipment, meeting the smoke testing criteria established by the commission on September 27, 1989. Designs for smoke removal systems which provide air change rates of less than 15 air changes per hour shall not be utilized. Design consideration shall be given to system configuration, friction loss, pressure drops and differentials, air leakage, and other construction characteristics, which may necessitate safety factors being included in design calculations. (6) A manual override capability shall be provided in the event of detection failure and for testing purposes. (f) Testing. (1) General. Testing of the smoke management systems in all facilities shall be in compliance with the requirements of this section. (2) Functional Testing. (A) Air Balancing Certification. Prior to any other testing of new smoke management systems, an air balance report prepared in accordance with nationally recognized practices shall be submitted to the county. Such report shall bear certification that the smoke control and removal systems meet the engineer of record's design requirements with respect to pressure differentials achieved and air flow rates necessary to meet the intended smoke management operation. A copy of the air balance report shall be maintained at the facility and made available to the commission's inspector during all tests and inspections. An air balance report on an existing system may be required by the Texas Commission on Jail Standards when there is evidence that the smoke management system has been impaired due to modifications to the system or inadequate maintenance. (B) System Operation. A test of smoke management system's initiating devices and control systems' output shall be performed. Such testing shall verify that, upon activation of a smoke detector, water flow indicating device, manual fire alarm station, or other smoke management system initiating device, the smoke management system components will automatically commence operation. The engineer of record shall provide a "cause and effect" chart to indicate the appropriate smoke management operating mode for all affected equipment based on the operation of each initiating device. Acceptance of functional testing shall be predicated upon all input and output devices performing as indicated by the "cause and effect" chart. (3) Smoke Testing. (A) General smoke testing of the smoke management systems shall be accomplished in accordance with this section. The smoke management system shall be tested in both normal and emergency power modes. (B) Smoke Detection. Artificial smoke shall be introduced into the space to be tested. The rate of introduction of smoke shall be two times the volume of the space to be tested. The commission may establish a minimum amount of smoke to be introduced into a space. The smoke detection system shall alarm and initiate the smoke control and removal system(s) within 60 seconds of the beginning of smoke introduction. (C) Smoke Migration. The smoke management system shall be deemed to be controlling smoke migration if smoke from the detection test does not migrate from the affected area for a period of ten minutes from the time of detection and activation of the smoke control system. The inspector may conduct the smoke migration test with the compartment exit door open or closed. (D) Smoke Removal. Utilizing the procedure for testing smoke detection, smoke removal shall be completed in the space to be tested within fifteen minutes from the time of system activation. (4) Maintenance and Retesting. The smoke management systems shall be regularly maintained to assure consistent performance. The smoke management systems shall be operationally tested quarterly and may be tested by the commission's inspector on an annual basis utilizing the smoke testing procedures. (g) Exceptions. (1) Fully sprinklered, low-risk facilities may be exempt from these requirements if approved by the sheriff, the local fire marshal, and the commission, however, smoke detection and alarm systems shall be provided for all facilities. Approval shall be based on review of each facility, the degree of overall protection achieved, and a high degree of freedom of movement afforded the inmates. Such facilities shall be inspected by local fire protection authorities monthly. (2) Single story, new construction, low-risk facilities whose exit doors are incapable of being locked from the inside and which provide direct exiting to the exterior of the building from the inmate sleeping area(s) and day room(s) may be constructed without smoke control, smoke removal, or sprinkler systems. However, these facilities shall provide proper compartmentation and smoke detection. (3) Facilities that were in operation or initiated prior to March 31, 1991 and which comply with subsection (e) of this section, relating to Smoke Removal, may be exempt from other requirements of this section relating to smoke management. sec.263.53. Portable Fire Extinguishers. Portable fire extinguishers of the number, size, and type, and in appropriate locations or in accordance with NFPA 101 shall be provided. sec.263.54. Equipment. All life safety equipment shall be out of reach of inmates or otherwise secured from unauthorized tampering. At least one self- contained breathing apparatus shall be available and maintained in or near each facility control station. All staff shall be trained and quarterly drills conducted in the use of this equipment. A minimum of one unit shall be provided for each building of a multibuilding facility and on each floor of a multistory facility. sec.263.55. Inspections, Maintenance, Testing. All life safety equipment shall be inspected, maintained, and tested by persons qualified to do so (whether under vendor contract, by state or private agency or otherwise) in order that such equipment shall be safe, secure, and fully operative at all times. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on November 28, 1994. TRD-9451435 Jack E. Crump Executive Director Commission on Jail Standards Effective date: December 19, 1994 Proposal publication date: September 20, 1994 For further information, please call: (512) 463-5505 Records and Reports 37 TAC sec.263.70, sec.263.71 The new rules are adopted under Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing standards for the construction, equipment, maintenance and operation of county jails. sec.263.70. Records. Adequate records of all required life safety plans, drills, and inspection of equipment shall be maintained and shall be readily available for inspection by the commission. The records shall include date, time, results, and signature of person conducting inspection. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on November 28, 1994. TRD-9451437 Jack E. Crump Executive Director Commission on Jail Standards Effective date: December 19, 1994 Proposal publication date: September 20, 1994 For further information, please call: (512) 463-5505 Chapter 265. Admission of Inmates to County Jails 37 TAC sec.sec.265.1-265.20 The Texas Commission on Jail Standards adopts the repeal of sec.sec.265.1-265. 20, concerning Admission of Inmates to County Jails, without changes to the proposed text as published in the September 23, 1994, issue of the Texas Register (19 TexReg 7503). These rules are being repealed to allow adoption of new rules. The repeals function to delete vague language and allow for new concise and current rules. No comments were received regarding adoption of the repeals. The repeals are adopted under Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing standards for the construction, equipment, maintenance and operation of county jails. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on November 30, 1994. TRD-9451544 Jack E. Crump Executive Director Texas Commission on Jail Standards Effective date: December 20, 1994 Proposal publication date: September 23, 1994 For further information, please call: (512) 463-5505 Chapter 265. Admisssion 37 TAC sec.265.1-265.13 The Texas Commission on Jail Standards adopts new sec. sec.265.1-265.13, concerning Admission. Section 265.11 and sec.265.13 are adopted with changes to the proposed text as published in the September 23, 1994, issue of the Texas Register (19 TexReg 7504). Sections 265.1-265.10 and 265.12 are adopted without changes and will not be republished. The adoption of these rules revises jail standards to make them concise, current and comprehensible. The rules function to provide new regulations that encompass the current standards of the commission. No comments were received regarding adoption of the new rules. The new rules are adopted under Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing standards for the construction, equipment, maintenance and operation of county jails. sec.265.11. Shower. Following booking and prior to housing assignment, inmates should be showered. Inmate showers shall be supervised by a corrections officer of the same gender. sec.265.13. Nondiscriminatory Practices. Jail staff shall not discriminate against inmates because of race, religion, national origin, sex, age, or disabilities. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on November 30, 1994. TRD-9451543 Jack E. Crump Executive Director Texas Commission on Jail Standards Effective date: December 20, 1994 Proposal publication date: September 23, 1994 For further information, please call: (512) 463-5505 Chapter 267. Release of Inmates from County Jail 37 TAC sec.sec.267.1-267.5 The Texas Commission on Jail Standards adopts the repeal of sec.sec.267.1-267. 5, concerning Release of Inmates from County Jails, without changes to the proposed text as published in the September 23, 1994, issue of the Texas Register (19 TexReg 7505). These rules are being repealed to allow adoption of new rules. The repeals function to delete vague language and allow for new concise and current rules. No comments were received regarding adoption of the repeals. The repeals are adopted under Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing standards for the construction, equipment, maintenance and operation of county jails. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on November 30, 1994. TRD-9451542 Jack E. Crump Executive Director Texas Commission on Jail Standards Effective date: December 20, 1994 Proposal publication date: September 23, 1994 For further information, please call: (512) 463-5505 Chapter 267. Release 37 TAC sec.sec.267.1-267.5 The Texas Commission on Jail Standards adopts new sec. sec.267.1-267.5, concerning Release, without changes to the proposed text as published in the September 23, 1994, issue of the Texas Register (19 TexReg 7505). The adoption of these rules revises jail standards to make them concise, current and comprehensible. The rules function to provide new regulations that encompass the current standards of the commission. No comments were received regarding adoption of the new rules. The new rules are adopted under Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing standards for the construction, equipment, maintenance and operation of county jails. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on November 29, 1994. TRD-9451541 Jack E. Crump Executive Director Texas Commission on Jail Standards Effective date: December 20, 1994 Proposal publication date: September 23, 1994 For further information, please call: (512) 463-5505 Chapter 269. County Jail Records and Procedures 37 TAC sec.sec.269.1-269.3 The Texas Commission on Jail Standards adopts the repeal of sec.sec.269.1-269. 3, concerning County Jail Records and Procedures, without changes to the proposed text as published in the September 23, 1994, issue of the Texas Register (19 TexReg 7505). These rules are being repealed to allow adoption of new rules. The repeals function to delete vague language and allow for new concise and current rules. No comments were received regarding adoption of the repeals. The repeals are adopted under Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing standards for the construction, equipment, maintenance and operation of county jails. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on November 29, 1994. TRD-9451540 Jack E. Crump Executive Director Texas Commission on Jail Standards Effective date: December 20, 1994 Proposal publication date: September 23, 1994 For further information, please call: (512) 463-5505 Chapter 269. Records and Procedures 37 TAC sec.269.1, sec.269.2 The Texas Commission on Jail Standards adopts new sec.269.1 and sec.269.2, concerning Records and Procedures. Section 269.1 is adopted with changes to the proposed text as published in the September 23, 1994, issue of the Texas Register (19 TexReg 7506). Section 269.2 is adopted without changes and will not be republished. The adoption of these rules revises jail standards to make them concise, current and comprehensible. The rules function to provide new regulations that encompass the current standards of the commission. No comments were received regarding adoption of the new rules. The new rules are adopted under Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing standards for the construction, equipment, maintenance and operation of county jails. sec.269.1. Record System. The sheriff/operator shall maintain the following records: (1) a daily record of the number of inmates in the facility; (2) a record on each inmate including: (A) intake; (B) identification; (C) classification; (D) property; (E) discipline; (F) grievance; (G) commissary; (H) medical; (I) incidents or unusual occurrences; (J) release; (K) documentation relating to the continued custody of inmates; (L) receipts and expenditures of inmate accounts. (3) a separate written record of all incidents which result in physical harm or serious threat of physical harm to an employee, visitor, or inmate in a facility. Such record shall include the names of the persons involved, a description of the incident, the actions taken, and the date and time of the occurrence. Such a written record shall be prepared and submitted to the sheriff/operator within 24 hours of the incident. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on November 29, 1994. TRD-9451539 Jack E. Crump Executive Director Texas Commission on Jail Standards Effective date: December 20, 1994 Proposal publication date: September 23, 1994 For further information, please call: (512) 463-5505 Chapter 271. Classification and Separation of Inmates 37 TAC sec.sec.271.1-271.3 The Texas Commission on Jail Standards adopts the repeal of sec.sec.271. 1- 271.3, concerning Classification and Separation of Inmates, without changes to the proposed text as published in the September 23, 1994, issue of the Texas Register (19 TexReg 7506). These rules are being repealed to allow adoption of new rules. The repeals function to delete vague language and allow for new concise and current rules. No comments were received regarding adoption of the repeals. The repeals are adopted under Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing standards for the construction, equipment, maintenance and operation of county jails. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on November 29, 1994. TRD-9451538 Jack E. Crump Executive Director Texas Commission on Jail Standards Effective date: December 20, 1994 Proposal publication date: September 23, 1994 For further information, please call: (512) 463-5505 37 TAC sec.271.1 The Texas Commission on Jail Standards adopts new sec.271.1, concerning Classification and Segregation of Inmates, with changes to the proposed text as published in the September 23, 1994, issue of the Texas Register (19 TexReg 7507). The adoption of this rule revises jail standards to make it concise, current and comprehensible. The rule functions to provide new regulations that encompass the current standards of the commission. No comments were received regarding adoption of the new rule. The new rule is adopted under Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing standards for the construction, equipment, maintenance and operation of county jails. sec.271.1. Classification Plan. Each facility shall have and implement a written plan, approved by the commission, for inmate classification. Each plan shall provide for: (1) completion of a custody level assessment prior to assignment to low or medium-risk housing areas. (A) the custody level assessment shall utilize the following information and format or a similar system: (i) Charge/Conviction (1 to 10 points); (ii) Offense History (1 to 10 points); (iii) Escape History (1 to 10 points); (iv) History of Violence (1 to 10 points); (v) Length of Incarceration (1 to 10 points); (vi) Other Factors (1 to 10 points). (B) the lowest figure is a positive indicator while the highest figure is a negative indicator. Known stability factors may affect the assessment by reducing the number indicator for each scored area; (C) this assessment shall determine low-risk, medium-risk, or high-risk custody status. Inmates with a custody assessment of 42-60 shall be considered high-risk inmates. Inmates with a custody assessment of 24-41 may be considered medium-risk inmates. Inmates with a custody assessment of 0-23 may be considered low-risk inmates. A similar assessment system may be used; however, scoring guidelines shall be comparable with subparagraph (A) of this paragraph; (D) after custody level assessment has been resolved, medium-risk and high- risk inmates shall be classified according to paragraph (2) of this section. Low-risk inmates do not require further classification except the separation of male and female inmates. Inmates transferred directly to low-risk or medium-risk housing shall be assessed by the sheriff/operator upon arrival. Those inmates whose custody level exceeds the custody level of the housing area shall be immediately transferred to an appropriate housing area. (2) separation and assignment of medium and high-risk inmates to housing areas based upon the following factors: (A) Gender. Male inmates shall be separated from the sight and sound of female inmates. When under direct, visual, and proximate supervision, males and females may simultaneously participate in group activities; (B) Juveniles. If juveniles are housed, they shall be separated by sight and sound from adult inmates and may be housed only in areas designated and approved by juvenile officials; (C) Witnesses. Witnesses not charged with a crime shall be separated from all other inmates; (D) Health. Inmates with communicable disease shall be separated from all other inmates unless recommended otherwise by the local health official; (E) First offenders awaiting trial. First offenders awaiting trial shall be separated from all inmates who have been convicted of crimes. The Texas Commission on Jail Standards may grant a variance to this requirement when individuals are congregated under constant and direct supervision; (F) Programs. Trustees, inmates sentenced to work release, weekend detention or alternative programs, which could lead to breach in security or introduction of contraband, shall be separated from all other inmates; (3) consideration of the following factors, in addition to requirements of paragraph (2) of this section: (A) Severity of charges/conviction. This includes violent or assaultive crimes, crimes against persons, and crimes involving use of a weapon or deadly force; (B) Known institutional behavior. Review all available incident reports; (C) Criminal sophistication; (D) Assaultive or passive tendencies; (E) Age; (F) Mental health; (G) All other available information. (4) Special housing. (A) Administrative separation. Inmates who require protection or those who require separation to protect the safety and security of the facility may be housed in administrative separation. Inmates placed in administrative separation shall be reviewed and documented at least every 14 days for continuance of status. Inmates housed in administrative separation shall retain access to services and activities as defined under Chapter 291 of this title (relating to Services and Activities), unless the continuance would adversely affect the safety and security of the facility; (B) Mental health. All inmates possessing mental health concerns to include homicidal or suicidal tendencies, shall be housed to provide for more frequent observation; (C) Detoxification. A person confined to a detoxification cell shall be transferred to a general housing area as soon as he can properly care for himself; (D) Violent cells. Violent cells shall not be used for disciplinary purposes. The sheriff/operator shall authorize use and shall review and document continuance of status at least every 24 hours; (E) Single cells. Single cells may be utilized for disciplinary or administrative separation provided inmates are allowed access to a shower at least once each day; (F) Appeals. A documented appeals process shall be available for the review of classification, assessment, and/or cell assignment by the sheriff/operator; (G) Records. The sheriff/operator shall maintain records of inmates' classifications, assessments, appeals, reviews, and cell assignments. Classification records shall include documentation that all required and considered factors were utilized in making classification determination. (H) Reviews. All inmate classifications shall be reviewed periodically. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on November 29, 1994. TRD-9451537 Jack E. Crump Executive Director Texas Commission on Jail Standards Effective date: December 20, 1994 Proposal publication date: September 23, 1994 For further information, please call: (512) 463-5505 Chapter 273. Medical Services in County Jails 37 TAC sec.sec.273.1-273.6 The Texas Commission on Jail Standards adopts the repeal of sec.sec.273. 1- 273.6, concerning Medical Services in County Jails, without changes to the proposed text as published in the September 23, 1994, issue of the Texas Register (19 TexReg 7508). These rules are being repealed to allow adoption of new rules. The repeals function to delete vague language and allow for new concise and current rules. No comments were received regarding adoption of the repeals. The repeals are adopted under Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing minimum standards for the custody, care and treatment of prisoners. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on November 29, 1994. TRD-9451536 Jack E. Crump Executive Director Texas Commission on Jail Standards Effective date: December 20, 1994 Proposal publication date: September 23, 1994 For further information, please call: (512) 463-5505 Chapter 273. Health Services 37 TAC sec.sec.273.1-273.6 The Texas Commission on Jail Standards adopts new sec. sec.273.1-273.6, concerning Health Services. Sections 273.1, 273.2, and 273.4-273.6 are adopted with changes to the proposed text as published in the September 23, 1994, issue of the Texas Register (19TexReg7508). Section 271.3 is adopted without changes and will not be republished. The adoption of these rules revises jail standards to make them concise, current and comprehensible. The rules function to provide new regulations that encompass the current standards of the commission. No comments were received regarding adoption of the new rules. The new rules are adopted under Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing standards for the custody, care, and treatment of prisoners. sec.273.1. Health Services. The owner/operator of each facility shall provide medical, mental, and dental services in accordance with the approved health services plan. These services may include, but shall not be limited to, the services of a licensed physician, professional and allied health personnel, hospital, or similar services. sec.273.2. Health Services Plan. Each facility shall have and implement a written plan, approved by the Commission, for inmate medical, mental, and dental services. The plan shall: (1) provide procedures for regularly scheduled sick calls; (2) provide procedures for referral for medical, mental, and dental services; (3) provide procedures for efficient and prompt care for acute and emergency situations; (4) provide procedures for long-term, convalescent, and care necessary for disabled inmates; (5) provide procedures for the control, distribution, secured storage, inventory, and disposal of prescriptions, syringes, needles, and hazardous waste containers; (6) provide procedures for the distribution of prescriptions in accordance with written instructions from a physician by an appropriate person designated by the sheriff/operator; (7) provide procedures for the control, distribution, and secured storage of over-the-counter medications; (8) provide procedures for the rights of inmates to refuse health care in accordance with informed consent standards for certain treatments and procedures (in the case of minors, the informed consent of a parent, guardian, or legal custodian, when required, shall be sufficient); (9) provide procedures for all examinations, treatments, and other procedures to be performed in a reasonable and dignified manner and place; and (10) provide that adequate first aid equipment and patient evacuation equipment be on hand at all times. sec.273.4. Health Records. (a) The health services plan shall include procedures for the maintenance of a separate health record on each inmate. The record shall include a health screening procedure administered by health personnel or by a trained booking officer upon the admission of the inmate to the facility and shall cover, but shall not be limited to, the following items: (1) health history; (2) current illnesses (prescriptions, special diets, and therapy); (3) current medical, mental, and dental care and treatment; (4) behavioral observation, including state of consciousness and mental status; (5) inventory of body deformities, ease of movement, markings, condition of body orifices, and presence of lice and vermin. (b) Separate health records shall reflect all subsequent findings, diagnoses, treatment, disposition, special housing assignments, medical isolation, distribution of medications, and the name of any institution to which the inmate's health record has been released. sec.273.5. Suicide Prevention Plan. (a) Each facility shall have a written suicide prevention plan in coordination with available medical and mental health officials. (b) Effective December 31, 1991, each facility shall have a suicide prevention plan on file with the commission for approval. (c) Essential elements of the suicide prevention plan should include: (1) training. Provisions for staff training (including frequency and duration) on the procedures for recognition, supervision, documentation, and handling of potentially suicidal inmates and all elements of the suicide prevention plan; (2) identification. Procedures for intake screening to identify potentially suicidal inmates and procedures for referrals to available mental health officials; (3) communication. Procedures for communication of information relating to potentially suicidal inmates and procedures between staff member; (4) housing. Procedures for the assignment of potentially suicidal inmates to appropriate housing; (5) supervision. Provisions for adequate supervision of potentially suicidal inmates and procedures for documenting supervision; (6) intervention. Procedures for staff intervention prior to the occurrence of a suicide and during the progress of a suicide; (7) reporting. Procedures for reporting of completed suicides to appropriate outside authorities and family members; (8) follow-up review. Procedures for follow-up review by the sheriff/operator and mental health and medical officials of all potential, attempted, and completed suicides. sec.273.6. Tuberculosis Screening Plan. (a) Each facility, having a capacity of 100 or more inmates, shall develop a plan for tuberculosis screening tests of employees, volunteers, and inmates. Inmates confined in the jail for more than 14 days shall be tested on or before the 14th day after the day of confinement. Inmates may be exempt from the screening test when the test conflicts with the tenets of an organized religion to which the individual belongs or when the test is contraindicated based on an examination by a physician. An inmate is not required to be retested at each rebooking if the inmate is booked into the facility more than once during a 12 month period, unless the inmate shows symptoms of or is known to have been exposed to tuberculosis. (b) The tuberculosis screening plan shall be developed in accordance with 25 TAC sec.sec.97.171-97.180 (relating to Communicable Diseases) and the Texas Health and Safety Code, sec.sec.89.001-89.073 and shall be approved by the Tuberculosis Elimination Division, Texas Department of Health prior to use. The plan shall be made available to the commission upon request. A copy of an inmate's medical records or documentation of screenings or treatment received during confinement shall accompany an inmate transferred from one correctional facility to another or to TDCJ-ID and be available for medical review upon arrival of the inmate. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on November 29, 1994. TRD-9451535 Jack E. Crump Executive Director Texas Commission on Jail Standards Effective date: December 20, 1994 Proposal publication date: September 23, 1994 For further information, please call: (512) 463-5505 Chapter 275. Supervision of Inmates 37 TAC sec.sec.275.1-275.6 The Texas Commission on Jail Standards adopts the repeal of sec.sec.275. 1- 275.6, concerning Supervision of Inmates, without changes to the proposed text as published in the September 23, 1994, issue of the Texas Register (19 TexReg 7509). These rules are being repealed to allow adoption of new rules. The repeals function to delete vague language and allow for new concise and current rules. No comments were received regarding adoption of the repeals. The repeals are adopted under Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing standards for the construction, equipment, maintenance and operation of county jails. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on November 29, 1994. TRD-9451534 Jack E. Crump Executive Director Texas Commission on Jail Standards Effective date: December 20, 1994 Proposal publication date: September 23, 1994 For further information, please call: (512) 463-5505 The Texas Commission on Jail Standards adopts new sec. sec.275.1-275.6, concerning Supervision of Inmates. Sections 275.1, 275.3, 275.4, and 275.6 are adopted with changes to the proposed text as published in the September 23, 1994, issue of the Texas Register (19 TexReg 7510). Sections 275.2 and 275.5 are adopted without changes and will not be republished. Adoption of these rules revises jail standards to make them concise, current and comprehensible. The rules function to provide new regulations that encompass the current standards of the commission. No comments were received regarding adoption of the new rules. The new rules are adopted under Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing standards for the custody, care, and treatment of prisoners. sec.275.1. Regular Observation by Corrections Officers. Every facility shall have a corrections officer at the facility 24 hours each day. Facilities shall have an established procedure for visual, face-to-face observation of all inmates by corrections officers at least once every hour. Observation shall be performed at least every 30 minutes in areas where inmates known to be assaultive, potentially suicidal, mentally ill, or who have demonstrated bizarre behavior are confined. There shall be a two-way voice communication capability between inmates and staff at all times. Closed circuit television may be used, but not in lieu of the required personal observation. sec.275.3. Corrections Officer Pay. Pay for corrections officers should be equivalent deputies of similar grade, status, and/or tenure whose daily duties require frequent, close, and risky contact with violators of the law. sec.275.4. Supervisory Personnel. Inmates shall be supervised by an adequate number of corrections officers to comply with state law and these standards. One corrections officer shall be provided on each floor of the facility where 10 or more inmates are housed, with no less than one corrections officer per 48 inmates or increment thereof on each floor for direct inmate supervision. This officer shall provide visual inmate supervision not less than hourly. Sufficient corrections officers as accepted by the commission shall be provided to perform functions required by minimum jail standards such as booking, classification, discipline and grievance, education and rehabilitation, inmate movement, library, visitation, correspondence, telephone, commissary, religious services, and recreation and exercise. A waiver may be granted by the commission as to minimal supervisory personnel-to-inmate ratios required elsewhere in these rules. A plan, concurred in by both commissioners court and sheriff's department may be submitted to the commission which provides for adequate and reasonable staffing of a facility. This rule shall not preclude the Texas Commission on Jail Standards from requiring staffing in excess of minimum requirements when deemed necessary to provide a safe, suitable, and sanitary facility nor preclude submission of variance requests as provided by statute or these rules. sec.275.6. Searches for Contraband. For the protection of corrections personnel and inmates: (1) any items brought into the security perimeter of the facility by anyone shall be searched for contraband; (2) any inmate who leaves the security perimeter of the facility shall be thoroughly searched for contraband before reentering the security perimeter; (3) there shall be regular and irregular searches of the entire facility area for contraband which shall be noted in a permanent facility record; and (4) searches for contraband should be timed so that they cannot be anticipated by the inmates. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on November 29, 1994. TRD-9451533 Jack E. Crump Executive Director Texas Commission on Jail Standards Effective date: December 20, 1994 Proposal publication date: September 23, 1994 For further information, please call: (512) 463-5505 Chapter 277. Clothing, Personal Hygiene and Bedding in County Jails 37 TAC sec.sec.277.1-277.10 The Texas Commission on Jail Standards adopts the repeal of sec.sec.277. 1- 277.10, concerning Clothing, Personal Hygiene, and Bedding in County Jails, without changes to the proposed text as published in the September 23, 1994, issue of the Texas Register (19 TexReg 7510). These rules are being repealed to allow adoption of new rules. The repeals function to delete vague language and allow for new concise and current rules. No comments were received regarding adoption of the repeals. The repeals are adopted under Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing standards for the custody, care, and treatment of prisoners. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on November 29, 1994. TRD-9451532 Jack E. Crump Executive Director Texas Commission on Jail Standards Effective date: December 20, 1994 Proposal publication date: September 23, 1994 For further information, please call: (512) 463-5505 Chapter 277. Clothing, Personal Hygiene and Bedding 37 TAC sec.sec.277.1-277.10 The Texas Commission on Jail Standards adopts new sec. sec.277.1-277.10, concerning Clothing, Personal Hygiene, and Bedding. Sections 277.4 and 277.10 are adopted with changes to the proposed text as published in the September 23, 1994, issue of the Texas Register (19 TexReg 7511). Sections 277.1-277. 3 and 277.5-277.9 are adopted without changes and will not be republished. The adoption of these rules revises jail standards to make them concise, current and comprehensible. The rules function to provide new regulations that encompass the current standards of the commission. No comments were received regarding adoption of the new rules. The new rules are adopted under Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing standards for the custody, care and treatment of prisoners. sec.277.4. Personal Hygiene. Inmates held over 72 hours who are unable to supply themselves with personal care items, because of indigency, shall be furnished the following: (1) toothbrush; (2) toothpaste or toothpowder; (3) soap; (4) comb; (5) shaving implements. sec.277.10. Mattresses. Mattresses shall be swept, aired, and sprayed with a nontoxic disinfectant prior to reissue. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on November 29, 1994. TRD-9451531 Jack E. Crump Executive Director Texas Commission on Jail Standards Effective date: December 20, 1994 Proposal publication date: September 23, 1994 For further information, please call: (512) 463-5505 Chapter 279. Sanitation in County Jails 37 TAC sec.279.1, sec.279.2 The Texas Commission on Jail Standards adopts the repeal of sec.279.1 and sec.279.2, concerning Sanitation in County Jails, without changes to the proposed text as published in the September 23, 1994, issue of the Texas Register (19 TexReg 7511). These rules are being repealed to allow adoption of new rules. The repeals function to delete vague language and allow for new concise and current rules. No comments were received regarding adoption of the repeals. The repeals are adopted under Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing standards for the custody, care, and treatment of prisoners. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on November 29, 1994. TRD-9451530 Jack E. Crump Executive Director Texas Commission on Jail Standards Effective date: December 20, 1994 Proposal publication date: September 23, 1994 For further information, please call: (512) 463-5505 Sanitation point=10.04p set=10.04p 37 TAC sec.279.1, sec.279.2 The Texas Commission on Jail Standards adopts new sec.279.1, sec.279.2, concerning Sanitation. Section 279.1 is adopted with changes to the proposed text as published in the September 23, 1994, issue of the Texas Register (19 TexReg 7512). Section 279.2 is adopted without changes and will not be republished. The Adoption of these rules revises jail standards to make them concise, current and comprehensible. The rules function to provide new regulations that encompass the current standards of the commission. No comments were received regarding adoption of the new rules. The new rules are adopted under Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing standards for the custody, care and treatment of prisoners. sec.279.1. Sanitation Plan. Each facility shall have and implement a written plan, approved by the commission, for the maintenance of an acceptable level of cleanliness and sanitation throughout the facility. Such plan shall provide for: (1) a regular daily schedule for the work and inspections necessary to keep the facility clean; which schedule shall be assigned and supervised by corrections officers who have the responsibility for keeping the facility clean and making regular sanitation inspections; (2) water and sewage systems not part of a city system and food preparation areas shall be inspected at least annually by health authorities and record kept for each inspection; (3) adequate and safe cleaning equipment; (4) water tight garbage containers with tight fitting covers in the kitchen; (5) the maintenance of toilets, wash basins, sinks, and other equipment throughout the facility in good working order; the maintenance of all counters, shelves, tables, equipment, and utensils with which food or drink comes into contact in a clean condition and in good repair; (6) clean washing aids, such as brushes, dishcloths, and other hand aids used in dish washing operations and for no other purposes; (7) a well ventilated place for storing and drying mops and other cleaning tools; (8) the continuous compliance of the water system and sewage system with the minimum requirements for such public systems; (9) the prohibition of excessive storage of food in cells and day rooms. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on November 29, 1994. TRD-9451717 Jack E. Crump Executive Director Texas Commission on Jail Standards Effective date: December 20, 1994 Proposal publication date: September 23, 1994 For further information, please call: (512) 463-5505 Chapter 281. Food Service in County Jails 37 TAC sec.sec.281.1-281.6 The Texas Commission on Jail Standards adopts the repeal of sec.sec.281. 1- 281.6, concerning Food Service in County Jails, without changes to the proposed text as published in the September 23, 1994, issue of the Texas Register (19 TexReg 7512). These rules are being repealed to allow adoption of new rules. The repeals function to delete vague language and allow for new concise and current rules. No comments were received regarding adoption of the repeals. The repeals are adopted under Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing standards for the custody, care, and treatment of prisoners. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on November 29, 1994. TRD-9451529 Jack E. Crump Executive Director Texas Commission on Jail Standards Effective date: December 20, 1994 Proposal publication date: September 23, 1994 For further information, please call: (512) 463-5505 Chapter 281. Food Service 37 TAC sec.sec.281.1-281.6 The Texas Commission on Jail Standards adopts new sec. sec.281.1-281.6, concerning Food Service. Sections 281.4 and 281.5 are adopted with changes to the proposed text as published in the September 23, 1994, issue of the Texas Register (19 TexReg 7513). Sections 281.1-281.3 and 281.6 are adopted without changes and will not be republished. The adoption of these rules revises jail standards to make them concise, current and comprehensible. The rules function to provide new regulations that encompass the current standards of the commission. No comments were received regarding adoption of the new rules. The new rules are adopted under Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing minimum standards for the custody, care and treatment of prisoners. sec.281.4. Prescribed Diets. Physician prescribed diets for inmates shall be served as required. sec.281.5. Staff Supervision. Food shall be prepared under the supervision of a staff member or contract employee and shall be served only under the immediate supervision of a staff member. Care shall be taken that hot foods are served reasonably warm and that cold foods are served reasonably cold. Inmates who prepare or serve food should have a Doctor's Certificate. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on November 29, 1994. TRD-9451528 Jack E. Crump Executive Director Texas Commission on Jail Standards Effective date: December 20, 1994 Proposal publication date: September 23, 1994 For further information, please call: (512) 463-5505 Chapter 283. Discipline and Grievances in County Jails 37 TAC sec.283.1, sec.283.2 The Texas Commission on Jail Standards adopts the repeal of sec.283.1 and sec.283.2, concerning Discipline and Grievances in County Jails, without changes to the proposed text as published in the September 23, 1994, issue of the Texas Register (19 TexReg 7513). These rules are being repealed to allow adoption of new rules. The repeals function to delete vague language and allow for new concise and current rules. No comments were received regarding adoption of the repeals. The repeals are adopted under Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing standards for the custody, care, and treatment of prisoners. 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 29, 1994. TRD-9451527 Jack E. Crump Executive Director Texas Commission on Jail Standards Effective date: December 20, 1994 Proposal publication date: September 23, 1994 For further information, please call: (512) 463-5505 Chapter 283. Discipline and Grievances 37 TAC sec.sec.283.1-283.3 The Texas Commission on Jail Standards adopts new sec. sec.283.1-283.3, concerning Discipline and Grievances. Section 283.1 is adopted with changes to the proposed text as published in the September 23, 1994, issue of the Texas Register (19 TexReg 7513). Section 283.2 and sec.283.3 are adopted without changes and will not be republished. The adoption of these rules revises jail standards to make them concise, current and comprehensible. The rules function to provide new regulations that encompass the current standards of the commission. No comments were received regarding adoption of the new rules. The new rules are adopted under Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing standards for the custody, care and treatment of prisoners. sec.283.1. Inmate Discipline Plan. Every facility shall have and implement a written plan, approved by the commission, for inmate disciplinary procedures and staff handling of inmate discipline problems. The plan shall: (1) provide for uniform application of disciplinary rules among all inmates and for maintaining, as part of the inmate's file, a written record of all discipline, investigation, and punishment (except informal verbal handling by staff for minor acts of nonconformance or minor rule violations). (2) provide for reasonable forms of discipline directly related to the inmate's physical and mental condition and the severity of the infraction such as: (A) loss of privileges; (B) assignment of extra work; (C) removal from work details; (D) forfeiture of "good time" credit earned; (E) disciplinary segregation; (F) filing formal charges. (3) prohibit: (A) deviation from normal feeding procedures as a disciplinary sanction. (B) corporal punishment, meaning punishment inflicted directly on the inmate's body; (C) administration of any form of disciplinary action or supervision by inmates; (D) disciplinary segregation for more than 15 consecutive days without finding on a new charge of a subsequent violation of the facility rules and regulations; (E) a deprivation of clothing or bedding. Inmates who destroy bedding or clothing may be deprived of such articles. This shall be reviewed and documented every 24 hours; (F) the use of a violent cell for disciplinary purposes; (G) the deprivation of items necessary to maintain an acceptable level of personal hygiene; (H) the deprivation of correspondence privileges when the offense is unrelated to a violation of the jail rules on correspondence. In no case shall privileged correspondence be suspended; (I) deprivation of physical recreation or physical exercise unless such activity would create an unsafe condition. (4) provide that minor acts of nonconformance or minor violations of institution rules may be handled informally by a staff member by counseling or advising the inmate of expected conduct. Temporary restriction to cells for a period not to exceed 24 hours may be imposed on inmates by supervisory level staff in podular direct supervision facilities; (5) provide written disciplinary procedures containing provisions for: (A) at least 24 hours advance written notice to the inmate of the claimed violation or charges against him/her; (B) selection of member(s) to constitute a disciplinary board. In facilities of 50 capacity or less, this may be one person; (C) a hearing before a neutral and impartial disciplinary board which shall not include anyone involved in the claimed violation or charges (provisions may be included for inmates to waive the right to a hearing); (D) a disclosure of the evidence against the person charged with the violation (although confidential informants may be protected). (E) an opportunity to be heard in person, to call relevant witnesses in his or her behalf, and to present other documentary defensive evidence (when not unduly hazardous to institutional safety and correctional goals); (F) a written statement by the board at the conclusion of the hearing indicating the evidence relied upon and reasons for the disciplinary action taken. The statement shall be delivered to the inmate and the sheriff/operator or designee and shall be placed in the inmate's disciplinary file; (G) if the inmate is illiterate or where the complexity of the issue makes it unlikely that the inmate will be able to collect and present the evidence necessary for an adequate comprehension of the case, the inmate should be permitted to seek the aid of another inmate. If that is not permissible, substitute aid from the staff or from an inmate designated by the staff should be provided; (H) a documented appeals process if requested by the inmate by a person or persons not a member of the disciplinary board. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on November 29, 1994. TRD-9451526 Jack E. Crump Executive Director Texas Commission on Jail Standards Effective date: December 20, 1994 Proposal publication date: September 23, 1994 For further information, please call: (512) 463-5505 Chapter 285. Recreation and Exercise in County Jails 37 TAC sec.sec.285.1-285.4 The Texas Commission on Jail Standards adopts the repeal of sec.sec.285.1-285. 4, concerning Recreation and Exercise in County Jails, without changes to the proposed text as published in the September 23, 1994, issue of the Texas Register (19 TexReg 7515). These rules are being repealed to allow adoption of new rules. The repeals function to delete vague language and allow for new concise and current rules. No comments were received regarding adoption of the repeals. The repeals are adopted under Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing standards for programs of rehabilitation, education, and recreation in county jails. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on November 29, 1994. TRD-9451525 Jack E. Crump Executive Director Texas Commission on Jail Standards Effective date: December 20, 1994 Proposal publication date: September 23, 1994 For further information, please call: (512) 463-5505 Chapter 285. Recreation and Exercise 37 TAC sec.sec.285.1-285.4 The Texas Commission on Jail Standards adopts new sec. sec.285.1-285.4, concerning Recreation and Exercise. Section 285.3 is adopted with changes to the proposed text as published in the September 23, 1994, issue of the Texas Register (19 TexReg 7515). Sections 285.1, 285.2, and 285.4 are adopted without changes and will not be republished. The adoption of these rules revises jail standards to make them concise, current and comprehensible. The rules function to provide new regulations that encompass the current standards of the commission. No comments were received regarding adoption of the new rules. The new rules are adopted under Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing minimum requirements for programs of rehabilitation, education, and recreation in county jails. sec.285.3. Activities. Activities such as arts, crafts, cards, dominoes, checkers, chess, and similar diversions should be considered as possible nonphysical recreational activities. A television and radio may be available for day room viewing and listening. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on November 29, 1994. TRD-9451524 Jack E. Crump Executive Director Texas Commission on Jail Standards Effective date: December 20, 1994 Proposal publication date: September 23, 1994 For further information, please call: (512) 463-5505 Chapter 287. Education and Rehabilitation Programs for County Jails 37 TAC sec.sec.287.1-287.4 The Texas Commission on Jail Standards adopts the repeal of sec.sec.287.1-287. 4, concerning Education and Rehabilitation Programs for County Jails, without changes to the proposed text as published in the September 23, 1994, issue of the Texas Register (19 TexReg 7515). These rules are being repealed to allow adoption of new rules. The repeals function to delete vague language and allow for new concise and current rules. No comments were received regarding adoption of the repeals. The repeals are adopted under Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing standards for programs of rehabilitation, education, and recreation in county jails. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on November 29, 1994. TRD-9451523 Jack E. Crump Executive Director Texas Commission on Jail Standards Effective date: December 20, 1994 Proposal publication date: September 23, 1994 For further information, please call: (512) 463-5505 Chapter 287. Education and Rehabilitation Programs 37 TAC sec.sec.287.1-287.4 The Texas Commission on Jail Standards adopts new sec. sec.287.1-287.4 concerning Education and Rehabilitation Programs. Section 287.1 is adopted with changes to the proposed text as published in the September 23, 1994, issue of the Texas Register (19 TexReg 7516). Sections 287.2-287.4 are adopted without changes and will not be republished. The adoption of these rules revises jail standards to make them concise, current and comprehensible. The rules function to provide new regulations that encompass the current standards of the commission. No comments were received regarding the adoption of the new rules. The new rules are adopted under Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing standards for programs of rehabilitation, education, and recreation in county jails. sec.287.1. Education and Rehabilitation Plan. Each facility shall have and implement a written plan, approved by the commission, for inmate rehabilitation and education. The plan shall make maximum use of the resources available in and to the community in which the facility is located. The plan shall provide for program accessibility by disabled inmates. The plan should include programs for voluntary participation by inmates such as: (1) testing and counseling in connection with: (A) alcohol or other drug abuse problems; (B) vocational rehabilitation; (C) academic and vocational aptitudes and goals; (D) job placement; (E) family problems; (F) personal psychological or psychiatric problems. (2) participating in an academic, reading, and/or training program where feasible and where community resources are available. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on November 29, 1994. TRD-9451522 Jack E. Crump Executive Director Texas Commission on Jail Standards Effective date: December 20, 1994 Proposal publication date: September 23, 1994 For further information, please call: (512) 463-5505 Part XIII. Texas Commission on Fire Protection Chapter 521. Fire Extinguisher Rules 37 TAC sec.sec.521.6, 521.7, 521.10, 521.21 The Texas Commission on Fire Protection adopts amendments to sec.sec.521.6, 521.7, 521.10, and 521.21, without changes to the proposed text as published in the September 6, 1994, issue of the Texas Register 19 (TexReg 6991). G. Mike Davis, State Fire Marshal, has determined that the amendments to sec.521.6 are necessary to assist licensees in better understanding their responsibilities in testing and servicing portable fire extinguishers. The amendments to sec.521.7 are necessary in that they adopt the most recent nationally recognized standards for fire protection equipment, design and installation. The amendment to sec.521.10 is necessary for clarification of the responsibilities of licensees performing services in the Type C category. The amendment to sec.521.21 is necessary to update Certificate of Installation formats to give agency personnel additional information. The Texas Commission on Fire Protection adopts amendments to sec.sec.521.6, 521. 7, 521.10, and 521.21 to assist in regulating the business of leasing, renting, selling, installing, and servicing of portable fire extinguishers and the planning, certifying, installing, and servicing of fixed fire extinguisher systems. The two distinct definitions of Department of Transportation (DOT) cylinders in sec.521.6 assures that all such cylinders are tested and serviced to set standards. The changes to sec.521.7 update past standards to conform with the most recently adopted NFPA standards. The amendment to sec.521.10 will clarify the responsibilities of Type C licensees to insure that individuals servicing and testing DOT Specification portable extinguishers are properly trained. The amendment to sec.521.21 will provide agency investigators with vital additional technical information on Fire Extinguisher System Certificates of Installation needed to insure compliance with standards. No comments on the adopted amendments were received by Michael E. Hines, Executive Director, Texas Commission on Fire Protection. The amendments are adopted under Texas Civil Statutes, Article 5.43-1, sec.sec.2A, 8, and 9, which provide the Texas Commission on Fire Protection with the authority to adopt rules. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on November 22, 1994. TRD-9451319 Jack Woods General Counsel Texas Commission on Fire Protection Effective date: December 14, 1994 Proposal publication date: September 6, 1994 For further information, please call: (512) 918-7184 Chapter 541. Fire Sprinkler Rules 37 TAC sec.sec.541.7, 541.13, 541.14, 541.18, 541.19, 541.20-541. 23 The Texas Commission on Fire Protection adopts amendments to sec.541.7, with changes, and amendments to sec.sec.541.13, 541.14, and 541.18, and new sec.sec.541.19-541.23, without changes to the proposed text as published in the September 6, 1994, issue of the Texas Register (19 TexReg 6992). The changes to sec.541.7 consist of corrections of typographical errors in paragraphs (2) and (14). Paragraph (2) has been changed to reflect the correct title to NFPA 25, Recommended Practice for the Inspection, Testing and Maintenance of Water-Based Fire Protection Systems, and paragraph (14) has been changed to reflect the correct year of publication for NFPA 231 as 1990 instead of 1991 as published in the aforementioned volume of the Texas Register. G. Mike Davis, state fire marshal, has determined that the amendments to sec.541.7 are necessary to update current state standards to the most recently adopted nationally recognized NFPA Standards. The amendments to sec.541.13 are necessary in that they omit duplicative requirements prior to issuance of a certificate of registration by eliminating the need for a surety bond, while continuing to require proof of insurance. The amendments to sec.541.14 are needed to delete references to the State Board of Insurance and replaces them with the correct referenced agency, the Texas Commission on Fire Protection, and to update the fee schedule to reflect the renewal of licenses for two years. The amendment to sec.541.18 is needed to allow registrants and licensees to update service tags under subsection (g), to reflect current and future use. The new sec.541.19 is needed as an integral part of an enforcement scheme to require licensees to use Yellow Tags for systems found to be in noncompliance with the fire protection sprinkler rules. The new sec.541.20 is renumbered from the previous sec.541.19, and remains the section regarding Red Tags, and additionally incorporates the most recently adopted nationally recognized NFPA standard. The new sec.sec.541.21-541.23 are needed to renumber and reinstate the previously numbered sec.sec.541.20-541.22, respectively. The Texas Commission on Fire Protection adopts amendments to sec.sec.541.7, 541. 13, 541.14, and 541.18, and new sec.sec.541.19, 541.20, 541.21, 541.22, and 541.23 to assist in regulating the business of planning, selling, installing, maintaining, or servicing fire protection sprinkler systems. The amendments to sec.541.7 will replace existing standards with the most recently adopted nationally recognized NFPA Standards. The amendments to sec.541.13 will omit duplicative requirements in obtaining a certificate of registration by eliminating the need for a surety bond, while continuing to require proof of insurance prior to the issuance of a certificate of registration. The amendments to sec.541.14 delete references to the State Board of Insurance and replace them with the correct referenced agency, the Texas Commission on Fire Protection, and reflects fee schedules for the renewal of licenses and registrations for two years. The amendment to sec.541.18 will allow registrants and licensees to print service tags under subsection (g), which can be used in the current and following years. The new sec.541.19 will require licensees to use Yellow Tags for systems found to be functional but not in compliance with the fire protection sprinkler rules as distinguished from the more severe designation of a Red Tagged system indicating emergency impairments. The new sec.541.20 is renumbered from the previous sec.541.19, regarding Red Tags, and will also incorporate the most recently adopted nationally recognized NFPA Standards. The new sec. sec.541.21-541.23 will renumber and reinstate the previously numbered sec.sec.541.20-541.22, respectively. No comments regarding the adopted amendments were received by Michael E. Hines, Executive Director, Texas Commission on Fire Protection. The amendments and new sections are adopted under Texas Civil Statutes, Article 5.43-3, sec.sec.3, 3A, and 7, which provides the Texas Commission on Fire Protection with the authority to adopt rules. sec.541.7. Adopted Standards. The board adopts by reference in their entirety the following copyrighted standards and recommended practices published by and available from the National Fire Protection Association, Inc., (NFPA), Batterymarch Park, Quincy, Massachusetts 02269. A copy of the standards shall be kept available for public inspection in the Office of the State Fire Marshal. (1) NFPA 13-1994, Standard for the Installation of Sprinkler Systems; (2) NFPA 25-1992, Recommended Practice for the Inspection, Testing and Maintenance of Sprinkler Systems, except as modified in sec.541.18 and sec.541. 20 of this title (relating to Service Tags and Red Tags); (3) NFPA 13D-1994, Standard for the Installation of Sprinkler Systems in One- and Two-Family Dwellings and Mobile Homes; (4) NFPA 14-1993, Standard for the Installation of Standpipe and Hose Systems; (5) NFPA 15-1990, Standard for Water Spray Fixed Systems for Fire Protection; (6) NFPA 16-1991, Standard on Deluge Foam-Water Sprinkler Systems and Foam- Water Spray Systems; (7) NFPA 20-1993, Standard for the Installation of Centrifugal Fire Pumps; (8) NFPA 22-1993, Standard for Water Tanks for Private Fire Protection; (9) NFPA 24-1992, Standard for the Installation of Private Fire Service Mains and Their Appurtenances; (10) NFPA 30-1993, Flammable and Combustible Liquids Code; (11) NFPA 30B-1990, Manufacture and Storage of Aerosol Products; (12) NFPA 307-1990, Standard for the Construction and Fire Protection of Marine Terminals, Piers, and Wharves; (13) NFPA 214-1992, Standard on Water-Cooling Towers; (14) NFPA 231-1991, Standard for General Storage; (15) NFPA 231C-1991, Standard for Rack Storage of Materials; (16) NFPA 231D-1989, Standard for Storage of Rubber Tires; and (17) NFPA 409-1990, Standard on Aircraft Hangars. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on November 22, 1994. TRD-9451320 Jack Woods General Counsel Texas Commission on Fire Protection Effective date: December 14, 1994 Proposal publication date: September 6, 1994 For further information, please call: (512) 918-7184 point=10.04p set=10.04p 37 TAC sec.sec. point=10.04p set=10.04p 541.19, 541.20, 541.21, 541.22 The Texas Commission on Fire Protection adopts the repeal of sec.sec.541.19, 541.20, 541.21, and 541.22, concerning regulation of the business of inspecting, planning, selling, servicing, installing, and maintaining fire protection sprinkler systems, without changes to the proposed text as published in the September 6, 1994, issue of the Texas Register (19 TexReg 6994). The repeal of sec.sec.541.19-541.22 is necessary to enable the Commission to adopt new rules pertaining to more efficient regulation of businesses, with a resulting improvement in the quality of protection afforded property and lives by fire protection sprinkler equipment. The Texas Commission on Fire Protection adopts the repeal of sec.sec.541.19- 541. 22 concerning regulation of the business of inspecting, planning, selling, servicing, installing, and maintaining fire protection sprinkler systems. The repealed sec.sec.541.19-541.22 are being renumbered to allow for the addition of a new sec.541.19 adding the use of yellow tags for systems found to be in noncompliance with the fire protection sprinkler rules, as well as renumbering the remaining sections accordingly. There were no comments on the repealed sections submitted to Michael E. Hines, Executive Director, Texas Commission on Fire Protection. The repeals are adopted under Texas Civil Statutes, Article 5.43-1, sec.sec.3, 3A, and 7, which provides the Texas Commission on Fire Protection with the authority to adopt rules. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on November 22, 1994. TRD-9451321 Jack Woods General Counsel Texas Commission on Fire Protection Effective date: December 14, 1994 Proposal publication date: September 6, 1994 For further information, please call: (512) 918-7184 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. Texas Department of Human Services Chapter 98. Adult Day Care Facilities The Texas Department of Human Services (DHS) adopts amendments to sec.sec.98. 1, 98.2, 98.11-98.14, 98.41, 98.61, 98.81, 98.82, 98.103, and 98.122; adopts the repeal of sec.sec.98.15-98.18, 98.20, 98.42, 98.43, 98.101, 98.102, 98.104, and 98.121; and adopts new sec.sec.98.15-98.21, 98.42-98.44, 98.102, 98.104, 98. 105, and 98.123 concerning licensure of adult day care facilities, in its Adult Day Care Facilities rule chapter. The amendments to sec.sec.98.13 and 98.103 and new sections sec.sec.98.17, 98.21, 98.42, and 98.44 are adopted with changes to the proposed text as published in the September 16, 1994, issue of the Texas Register (19 TexReg 7247). The amendments to sec.sec.98.1, 98.2, 98. 11, 98.12, 98.14, 98.41, 98.61, 98.81, 98.82, and 98.122; the repeal of sec.sec.98. 15- 98.18, 98.20, 98.42, 98.43, 98.101, 98.102, 98.104, and 98.121; and new sec.sec.98.15, 98.16, 98.18, 98.19, 98.20, 98.43, 98.102, 98.104, 98.105, and 98. 123 are adopted without changes to the proposed text, and will not be republished. Also in this issue of the Texas Register, DHS is withdrawing from consideration its proposed new sec.98.121, and is adopting related repeals and new sections in Chapter 50, Day Activity and Health Services (DAHS). The justification for the amendments, repeals, and new sections is to incorporate Day Activity and Health Services (DAHS) rules into Chapter 98, retitled Adult Day Care Facilities. The amendments, repeals, and new sections result from the September 1, 1993, transfer from the Texas Department of Health to DHS of responsibility for the licensure of adult day care and adult day health care facilities. The amendments, repeals, and new sections will function by merging adult day care and day activity and health services rules into one set of rules. During the public comment period, DHS received comments from Seniors We Are, Inc.; Madison Adult Day Care Center, San Antonio; Mother Earth Day Care; and the Texas Dietetic Association. The following is a summary of the comments and DHS's responses to the comments. Comment: One commenter stated that only persons licensed by the Texas Board of Examiners of Dietitians should serve as dietitian consultants because that is the only way to assure a consultant with recent continuing education as well as registration status with the Commission on Dietetic Registration. The commenter stated that the proposed definition of dietitian consultant in sec.98. 2, which includes persons with a baccalaureate degree with major studies in food and nutrition, dietetics, or food service management, would significantly weaken the requirement and allow unqualified persons with outdated knowledge to serve in the position. Response: Because certain areas of the state may not have registered dietitians who are readily available to provide the necessary consultation, it has been a long standing policy of Community Care Programs to allow a person with a baccalaureate degree with major studies in food and nutrition, dietetics, or food service management to serve as an alternate to a registered dietitian. Therefore, DHS is adopting the definition of dietitian consultant as proposed. Comment: Two commenters stated that when a change of facility nurse occurs, facilities need more than 24 hours to hire a replacement nurse, as stated in proposed new sec.98.17(c). The commenters stated that this requirement would be met by employing a substitute nurse continuously until a permanent facility nurse is in place. Response: DHS agrees with the comment and is deleting sec.98.17(c). The requirements concerning change of facility nurse can be found in the adopted Day Activity and Health Services rules, sec.50.407(d) of this title (relating to Notifications). Comment: One commenter requested that sec.98.42(a)(1)(B) be adopted to read: "The facility nurse may also be the facility director." The commenter requested that clauses (i) and (ii) be deleted. Response: DHS has deleted subparagraph (B) entirely and has renumbered subparagraphs (C) and (D). Comment: Two commenters suggested that sec.98.42(a)(2)(D) be amended to state that facilities must have a nurse on duty eight hours a day. Response: DHS agrees and has changed subparagraph (D) to require facilities to have a nurse on duty at least eight hours a day when one or more clients are present. Comment: In reference to sec.98.42(d)(6)(B), several commenters stated that a facility which receives its meals from an outside source which has its own dietitian consultant already pays for the consultant's service and should not be required to duplicate this expense. Response: DHS agrees with the comment and is adopting sec.98.42(d)(6) with subparagraph (C) to state that facilities that contract for the preparation and delivery of meals with management companies are not required to have the four hours of consultation. In addition to changes resulting from public comments, DHS is adopting sec.98.13(d) with a change to correct the numbering of the paragraphs, is adopting sec.98.17 deleting subsection (c), and is adopting sec.98.21(j)(1) with a change to correct the reference to Adult Day Care Facilities. DHS is also adopting sec.98.42(a)(1)(A) without clause (v), which is no longer required, and is adopting sec.98.42(a)(4)(A) with a clarification regarding facilities that employ a bus driver. Section 98.44(1) and (2) is adopted with a change to reference the correct approval authority, which is the Texas Department of Health instead of DHS. Section 98.103(e) is adopted with a change to clarify that the facility has 15 calendar days from receiving the certified mail notice of license revocation to request a hearing. Subchapter A. Introduction 40 TAC sec.98.1, sec.98.2 The amendments are adopted under the Human Resources Code, Chapter 103, which provides the department with the authority to license adult day care facilities 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 amendments implement the Human Resources Code, Chapter 103, sec.sec.103. 001-103.011. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on November 28, 1994. TRD-9451455 Nancy Murphy Section Manager, Media and Policy Services Texas Department of Human Services Effective date: January 1, 1995 Proposal publication date: September 16, 1994 For further information, please call: (512) 450-3765 Subchapter B. Application Procedures 40 TAC sec.sec.98.11-98.21 The new sections and amendments are adopted under the Human Resources Code, Chapter 103, which provides the department with the authority to license adult day care facilities 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 and amendments implement the Human Resources Code, Chapter 103, sec.sec.103.001-103.011. sec.98.13. Applicant Disclosure Requirements. (a) Scope of section. No person may apply for a license, change of ownership, increase in capacity, or renewal of a license to operate or maintain a facility without making a disclosure of information as required in this section. (b) Disclosure form. All applications must be made on forms prescribed by and available from the Texas Department of Human Services (DHS). Each application must be completed in accordance with DHS instructions, signed, and notarized. (c) General information required. An applicant must file with DHS an application which must contain: (1)-(3) (No change.) (4) the name of the director; (5) for initial applications and change of ownership only, evidence of the right to possession of the facility at the time the application will be granted, which may be satisfied by the submission of applicable portions of a lease agreement, deed or trust, or appropriate legal document. The names and addresses of any persons or organizations listed as owner of record in the real estate, including the buildings and grounds appurtenant to the buildings, must be disclosed to DHS; (6)-(7) (No change.) (d) Disclosure requirements. Applicants must disclose the following information for the two-year period preceding the application date, concerning the applicant, persons with a disclosable interest, officers, affiliates, and manager, without regard to whether the data required relates to current or previous events: (1)-(3) (No change.) (4) unsatisfied final judgments; (5) operation of a facility that has been decertified in any state under Medicare or Medicaid; (6) debarment, exclusion, or contract cancellation in any state from Medicare or Medicaid; (7) eviction involving any property or space used as a facility in any state; (8) orders from any court restraining or enjoining the applicant, manager, or any person with a disclosable interest from operating a health care, long-term care, personal care, or day care facility in any state; and (9) any of the adverse actions listed in this subsection taken against the applicant by all relevant licensing and certification agencies in all other states in which the applicant owns, operates, or manages long-term care, personal care, or adult day care facilities. The applicant must obtain letters or other documentation from those agencies attesting to the adverse actions or the absence of any such adverse actions. (e) Required ownership and management information for the past year. (1) Each applicant for a license to operate a facility must disclose to DHS the name and business address of each: (A) limited partner and general partner if the applicant is a partnership; (B) director and officer if the applicant is a corporation; and (C) person having a beneficial ownership interest of five percent or more in the applicant corporation, partnership, or other business entity. (2) If any person described in this section has served or currently serves as an administrator, general partner, limited partner, trustee or trust applicant, sole proprietor, or any applicant or licensee who is a sole proprietorship, executor, or corporate officer or director of or has held a beneficial ownership interest of five percent or more in any other health care, long-term care, personal care, or adult day care facility, the applicant must disclose the relationship to DHS, including the name and current or last address of the facility and the date such relationship commenced and, if applicable, the date it was terminated. (3)-(4) (No change.) (5) The information required by this section must be provided to DHS upon initial application for licensure, and changes in the information must be provided to DHS on an annual basis, except that a licensee must notify DHS within 30 days of any change of the facility's administrator or management services. (f) The provisions of this section do not apply to a bank, trust company, financial institution, title insurer, escrow company, or underwriter title company to which a license is issued in a fiduciary capacity except for provisions that require disclosure relating to the manager of the facility. sec.98.17. Change of Staff. (a) A new facility director must submit qualifying documentation (see sec.98.42 of this title (relating to Program Requirements)) for Texas Department of Human Services (DHS) approval within 30 days of the change. If the facility director leaves, a facility director must be in place within 30 days of such vacancy. (b) A new facility activities director must submit qualifying documentation (see sec.98.42 of this title (relating to Program Requirements)) for approval within 30 days of the change. A facility activities director must be in place within 30 days of such vacancy. sec.98.21. Fees for Plan Reviews, Construction Inspection Services, and Feasibility Inspection Services. (a) Under Texas Civil Statutes, Article 4413(502) historical note (Vernon Supplement 1994) (Act of August 9, 1991, 72nd Legislature, First Called Session, Chapter 15, sec.1.11, 1991 Texas General Laws 298), the Texas Department of Human Services (DHS) has the authority to charge fees for providing services described in this section. Pursuant to this authority, DHS establishes the fees, as shown in the fee schedule in subsection (j) of this section, to cover plan review services, construction inspection services, and feasibility inspection services. The fees are designed not to exceed the costs to DHS to provide these services. (b) When DHS finds in a licensed facility a violation of standards and when plans are submitted for the purpose of showing how the violation will be corrected, there will be no fee for such plan review. There will similarly be no fee for a construction visit made pursuant to a plan review. (c) The plan review fees shown in the fee schedule in subsection (j) of this section cover the review of plans in all the stages of development. (d) In determining the cost of additions or remodeling, only the direct construction costs need to be considered; that is, construction contract amount plus any add-on costs by contractor or owner during construction. Costs do not include land acquisition, architectural and/or engineering fees, financing, legal fees, fund-raising fees, furnishings, or movable equipment. (e) Remodeling is the construction, removal, or relocation of walls and partitions, or construction of foundations, floors, or ceiling-roof assemblies, including expanding of safety systems (including sprinkler and fire alarm systems), that will change the existing plan and use areas of the facility. (f) General maintenance and repairs of existing material and equipment; repainting; applications of new floor, wall, or ceiling finishes; or similar projects are not included as remodeling, unless as a part of new construction. DHS must be provided flame spread documentation for new materials applied as finishes. (g) Fees are due for payment as follows: (1) When plan development has reached the preliminary plan stage and preliminary plans are submitted for review, 30% of the plan review fee must accompany the plans. Before final plans are reviewed, the full fee, if preliminary plans were not submitted, or the balance of the plan review fee must be paid. (2) Construction inspection fees for new facilities and for additions or remodeling of existing licensed facilities are due for payment before the facility is licensed or otherwise accepted by DHS under licensure. (3) Feasibility inspection fees are due for payment prior to the inspection being made. (h) Payment of fees must be by check or money order made payable to the Texas Department of Human Services. All fees are nonrefundable except as provided by the Texas Government Code, Chapter 2005. (i) If the facility or institution requests construction inspections beyond those called for in the schedule, the appropriate additional fees must be submitted. If DHS elects to make additional construction inspections, there will be no charge for these inspections. (j) The fee schedule is as follows: (1) Facility Plan Review-Adult Day Care Facilities. (A) New Facility-$10 per licensed person capacity (Maximum $500). (B) Existing Licensed Facility. (i) Additions-1% of project cost or $10 per additional client, whichever is greater (Minimum $100). (ii) Remodeling-$30 per square foot (Maximum $500). (2) Inspections-All facilities. (A) Construction. (i) Preliminary inspections (each)-$5 per bed (Minimum $150). (ii) Final inspections (each)-$12 per bed (Minimum $150). (B) Feasibility. Each feasibility inspection and each subsequent visit including final survey prior to licensure-$10 per bed (Minimum $250). This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on November 28, 1994. TRD-9451456 Nancy Murphy Section Manager, Media and Policy Services Texas Department of Human Services Effective date: January 1, 1995 Proposal publication date: September 16, 1994 For further information, please call: (512) 450-3765 40 TAC sec.sec.98.15-98.18, 98.20 The repeals are adopted under the Human Resources Code, Chapter 103, which provides the department with the authority to license adult day care facilities 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 repeals implement the Human Resources Code, Chapter 103, sec.sec.103. 001- 103.011. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on November 28, 1994. TRD-9451457 Nancy Murphy Section Manager, Media and Policy Services Texas Department of Human Services Effective date: January 1, 1995 Proposal publication date: September 16, 1994 For further information, please call: (512) 450-3765 Subchapter C. Standards for Adult Day Care Facilities 40 TAC sec.sec.98.41-98.44 The new sections and amendment are adopted under the Human Resources Code, Chapter 103, which provides the department with the authority to license adult day care facilities 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 and amendment implement the Human Resources Code, Chapter 103, sec.sec.103.001-103.011. sec.98.42. Program Requirements. (a) Staff qualifications. (1) Director. (A) The director must: (i) have graduated from an accredited four-year college or university and have no less than one year of experience in working with people in a human service or medically related program, or have an associate degree with three years of experience in working with people in a human service or medically related program; or (ii) be a registered nurse with one year of experience in a human service or medically related program; or (iii) meet the training and experience requirements for a license as a nursing home administrator under the rules of the Texas Board of Licensure for Nursing Home Administrators; or (iv) have, on July 16, 1989, met the qualifications for the position under the requirements in effect at that time and have served continuously in the capacity of director of a Texas Department of Human Services-certified facility since that date. (B) The activities director may fulfill the function of facility director if he meets the other qualifications for facility director. (C) One person may not serve as facility nurse, activities director, and facility director, regardless of qualifications. (2) Nurse. The facility nurse must be a registered nurse (RN) or a licensed vocational nurse (LVN). (A) The RN must have a current license from the Board of Nurse Examiners for the State of Texas and must practice in compliance with the Nurse Practice Act and rules and regulations of the Board of Nurse Examiners. (B) The LVN must have a current license from the Board of Vocational Nurse Examiners of Texas and must practice in compliance with the Vocational Nurse Act and rules and regulations of the Board of Vocational Nurse Examiners. (C) If the nurse who is fulfilling the role of the director leaves the facility to perform other duties as related to the provisions of the day care program, an LVN or another RN must fulfill the duties of the facility nurse. (D) The facility must have a nurse on duty at least eight hours per day when one or more clients are present. (3) Activities Director. The activities director must have graduated from high school and have: (A) a bachelor's degree from an accredited college or university, plus one year of full-time experience in working with the elderly or people with disabilities in a human service or medically related program; or (B) 60 semester hours from an accredited college or university, plus two years of full-time experience in working with the elderly or people with disabilities in a human service or medically related program; or (C) completed a state-approved activities director's course, plus two years of full-time experience in working with the elderly or people with disabilities in a human service or medically related program; or (D) four years of full-time experience in working with the elderly or people with disabilities in a human service or medically related program. (4) Attendants. The attendant must be 18 years old or older and able to perform the following duties: (A) If the facility employs a bus driver, the driver must have a current operator's license, issued by the Texas Department of Public Safety, which is appropriate for the class of vehicle used to transport clients. (B) If an attendant handles food in the facility, he must meet the requirements described in the Texas Department of Health rules on food service sanitation as described under Texas Administrative Code, Title 25, sec.sec.229. 161-229.172 (relating to Food Service Sanitation). (C) Attendants may also include, but are not limited to, aids, cooks, janitors, porters, maids, and laundry workers. (5) Food Service Personnel. If the facility prepares meals on site, the facility must have sufficient food service personnel to prepare meals and snacks. Food service personnel must meet the requirements described in the Texas Department of Health rules on food service sanitation as described under Texas Administrative Code, Title 25, sec.sec.229.161-172 (relating to Food Service Sanitation). (b) Staffing Ratio. The facility must ensure that the overall ratio of direct service staff to clients in the facility is at least one to eight. This ratio must be maintained during provision of all covered services except during facility-provided transportation. (c) Staff Health. All direct staff must be free of communicable diseases. (d) Staff Responsibilities. (1) Facility Director. The facility director is responsible for: (A) managing the adult day care program and/or the facility; (B) training and supervising facility staff; (C) monitoring the facility building and grounds to ensure compliance; (D) maintaining all financial and client records; (E) developing relationships with community groups and agencies for identification and referral of clients; (F) maintaining communication with the client's family members or responsible parties; (G) assuring the development and maintenance of the individual plan of care; and (H) ensuring that if he serves as the nurse consultant during the same eight- hours-per-day period, he is fulfilling his responsibility as director. (2) Facility Nurse. The facility nurse is responsible for: (A) assessing the client's nursing and medical needs; (B) developing a client's individual plan of care; (C) obtaining physician's orders for medication and treatments to be administered; (D) determining whether self-administered medications have been appropriately taken, applied, or used; (E) entering, dating, and signing monthly progress notes on medical care provided; (F) administering medication and treatments; (G) providing health education; and (H) maintaining medical records. (3) Activities Director. The activities director is responsible for: (A) planning and directing the daily program of activities, including physical fitness exercises or other recreational activities; (B) recording the client's social history; (C) assisting the client's related support needs; (D) assuring that the identified related support services are included in the client's individual plan of care; and (E) signing and dating monthly progress notes about social and related support services activities provided. (4) Attendant. The attendant is responsible for: (A) providing personal care services (assistance with activities of daily living); (B) assisting the activities director with recreational activities; and (C) providing protective supervision (observation and monitoring). (5) Food Service Personnel. Food service personnel are responsible for: (A) preparing meals and snacks; and (B) maintaining the kitchen area and utensils in a safe and sanitary condition. (6) Dietitian Consultant. (A) The facility must receive consultation at least four hours each month from a dietitian. The dietitian consultant plans and/or reviews menus and must: (i) prior approve and sign each snack and luncheon menu; (ii) review menus monthly to ensure that substitutions were appropriate; and (iii) develop any special diets ordered by physicians for individual clients. (B) The dietitian consultant is required for all facilities, even those that have their meals delivered from another facility who have their own dietitian consultants. A consultant may provide consultation to several facilities as long as each facility receives at least four hours a month. The four hours cannot be "shared" by several facilities. (C) Facilities that contract for the preparation and delivery of meals with management companies employing their own registered dietitians are not required to have the four hours of consultation from the dietitian consultant. (7) Registered nurse consultant. In facilities where the nurse is a licensed vocational nurse, a registered nurse consultant must provide on-site consultation four hours per week. The RN consultant must document the consultation provided. The RN consultant must provide the consultation during the time when clients are present in the facility. The RN consultant may provide the following types of assistance: (A) reviewing plans of care and suggesting changes, if appropriate; (B) assessing clients' health conditions; (C) consulting with the LVN in solving problems involving client care and service planning; (D) counseling clients on their health needs; (E) training, consulting, and assisting the LVN in maintaining proper medical records; and (F) in-service training for direct service staff. (e) Training. (1) Initial training. The facility must: (A) provide all staff with training in the fire, disaster, and evacuation procedures within three workdays of employment. The training must be documented in the facility records. (B) provide direct delivery staff a minimum of 18 hours of training during the first three months of employment. Training must be documented in the facility records. Training must include: (i) adult cardiopulmonary resuscitation (CPR) certification; (ii) first aid taught by an RN or obtained through the American Red Cross; (iii) orientation to health care delivery including the following components: (I) safe body function and mechanics; (II) personal care techniques and procedures; and (III) overview of client population served at the facility; and (iv) identification of abuse, neglect, or exploitation. (C) Staff employed as substitutes on an infrequent and irregular basis are not required to have 18 hours of initial training. Substitute and consultant staff must receive a minimum of three hours of orientation. Substitutes for direct service staff used by a facility on a regular basis must meet all training requirements as specified under this subsection. (2) Ongoing training. (A) The facility must provide a minimum of three hours of ongoing training to direct service staff quarterly. The facility must ensure that direct delivery staff maintain current certification in CPR. (B) The facility must practice evacuation procedures with staff and clients quarterly. The evacuation results must be documented in the facility records. (f) Medications. (1) Administration. (A) Clients who choose not to or cannot self-administer their medications must have their medications administered by a person who: (i) holds a current license under state law which authorizes the licensee to administer medications; or (ii) holds a current medication aide permit and acts under the authority of a person who holds a current license under state law which authorizes the licensee to administer medication. (B) All medication prescribed to clients must be dispensed through a pharmacy or by the client's treating physician or dentist. (C) Physician sample medications may be given to a client by the facility provided the medication has specific dosage instructions for the individual client. (D) Each client's medications must be listed on an individual client's medication profile record. The recorded information obtained from the prescription label must include, but is not limited to, the medication name, strength, dosage, amount received, directions for use, route of administration, prescription number, pharmacy name, and the date each medication was issued by the pharmacy. (2) Supervision. Supervision of a client's medication regimen by facility staff may be provided to clients who are incapable of self-administering. Supervision includes, and is limited to: (A) reminders to take their medications at the prescribed time; (B) opening containers or packages and replacing lids; (C) pouring prescribed dosage according to medication profile record; (D) returning medications to the proper locked areas; (E) obtaining medications from a pharmacy; and (F) listing on an individual client's medication profile record the medication name, strength, dosage, amount received, directions for use, route of administration, prescription number, pharmacy name, and the date each medication was issued by the pharmacy. (3) Self-administration. (A) Clients who self-administer their own medications must be counseled at least once a month by facility staff to ascertain if the clients continue to be capable of self-administering their medications and/or treatments. A written record of counseling must be kept by the facility. (B) Clients who choose to keep their medications locked in the central medication storage area may be permitted entrance or access to the area for the purpose of self-administering their own medication and/or treatment regimen. A facility staff member must remain in or at the storage area the entire time any client is present. (4) General. (A) Facility staff must immediately report to the client's physician and responsible party any unusual reactions to medications or treatments. (B) When the facility supervises or administers the medications, a written record must be kept when the client does not receive or take his medications and/or treatments as prescribed. The documentation must include the date and time the dose should have been taken, and the name and strength of medication missed. (5) Storage. (A) The facility must provide a locked area for all medications. Examples of areas include, but are not limited to: (i) central storage area; and (ii) medication cart. (B) Each client's medication must be stored separately from other clients' medications within the storage area. (C) A refrigerator must have a designated and locked storage for medications requiring refrigeration. (D) Poisonous substances and medications labeled for "external use only" must be stored separately within the locked medical area. (E) The medication room or cabinet medication storage area must have a separate, permanently attached cabinet, box, or drawer with a lock to store drugs covered by Schedule II of the Controlled Substances Act of 1970. (F) Medications requiring refrigeration must be stored in the medication room in a refrigerator used only for medicine storage or kept in a separate, permanently attached, and locked medication storage box in a refrigerator. (6) Disposal. (A) Medications no longer being used by the client for the following reasons must be kept separate from current medications and are to be disposed of by a registered pharmacist licensed in the State of Texas: (i) medications discontinued by order of the physician; (ii) medications which remain after a client is deceased; or (iii) medications which have passed the expiration date. (B) Needles and hypodermic syringes with needles attached must be disposed as required by Texas Administrative Code, Title 25, sec.sec.1.131-1.137 (relating to the Definition, Treatment, and Disposal of Special Waste from Health Care Related Facilities). (C) Medications kept in a central storage area are released to discharged clients when a receipt has been signed by the client or responsible party. (g) Accident, injury, or acute illness. (1) In the event of accident or injury requiring emergency medical, dental, or nursing care, or in the event of apparent death, the adult day care facility must: (A) make arrangements for emergency care and/or transfer to an appropriate place for treatment (including, but not limited to, physician's office, clinic, or hospital); (B) immediately notify the client's physician and next of kin, responsible party, or agency who placed the client in the facility; and (C) describe and document the accident, injury, or illness on a separate report. The report must contain a statement of final disposition and be maintained on file. (2) The facility must stock and maintain in a single location first aid supplies to treat burns, cuts, and poisoning. (h) Menus. (1) Menus must be planned at least two weeks in advance, dated, maintained on file, and posted in the facility. Meals must be served according to approved menus. (2) Special diet meals ordered by the client's physician and developed by the dietician must be labeled with the client's name and type of diet. sec.98.44. Sanitation. (a) General. (1) Waste water and sewage must be discharged into a state-approved municipal sewage system; any exception must be as approved by the Texas Department of Health (TDH). (2) The water supply must be as approved by TDH. Quantity and pressure must be as necessary to serve the needs of the facility. (3) Waste, trash, and garbage must be disposed from the premises at regular intervals in accordance with state and local practices. Excessive accumulations are not permitted. Outside containers must have tight-fitting lids left in closed position. Containers must be maintained in a clean and serviceable condition. (4) The building and grounds must be kept neat and free of refuse, litter, extraneous materials, and unsightly or injurious accumulations. (5) The facility must make every effort possible to guard against insects, rodents, rainwater, and other conditions adversely affecting a sanitary environment or the well-being of the client. (6) A pest control program must be provided by qualified facility staff or by contract with a licensed pest control company. The least toxic and least flammable effective chemicals must be used. Documented evidence of routine efforts to remove rodents and insects must be maintained. (7) The facility must be kept free of offensive odors, accumulations of dirt, rubbish, dust, and hazards. Floors must be maintained in good condition and cleaned regularly; walls and ceilings must be structurally maintained, repaired, and repainted or cleaned as needed. Storage areas, attics, and cellars must be free of refuse and extraneous materials. (8) There must be complete and separate rest room facilities for men and women. Toilets must be provided as necessary to meet the needs of the clients; however, there must be not less than one toilet and one lavatory for every 15 clients or fraction thereof. Multiple toilets must be compartmented. All toilets must be equipped with grab bars. Lavatories must be provided with hot and cold water, soap, and individual towels. A minimum of one bathing unit must be provided. (9) All bathrooms, toilet rooms, and other odor-producing rooms or areas for soiled and unsanitary operations must be ventilated to the exterior for odor control; the use of windows is not permissible. In existing facilities operating as adult day care facilities at time of initial licensure, the requirements for ventilation must be considered per individual facility. (10) In kitchens and laundries, there must be procedures which prevent cross contamination between clean and soiled utensils and clean and soiled linens. (b) Kitchen. (1) The rules in Texas Administrative Code, Title 25, sec.sec.229.161-229. 172 (relating to Food Service Sanitation) and local health ordinances or requirements must be observed in the storage, preparation, and distribution of food; in the cleaning of dishes, equipment, and work area; and in the storage and disposal of waste. (2) Food preparation kitchens must have separate hand washing fixtures including hot and cold water, soap, and individual towels, preferably paper towels, in accordance with Texas Administrative Code, Title 25, sec.sec.229. 161-229.172 (relating to Food Service Sanitation). (3) Where kitchen provisions consist of serving kitchens only, and cooking equipment is used only to warm food, prepare hot drinks, or provide similar food service, the kitchen is not required to have separate hand-washing fixtures. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on November 28, 1994. TRD-9451458 Nancy Murphy Section Manager, Media and Policy Services Texas Department of Human Services Effective date: January 1, 1995 Proposal publication date: September 16, 1994 For further information, please call: (512) 450-3765 40 TAC sec.98.42, sec.98.43 The repeals are adopted under the Human Resources Code, Chapter 103, which provides the department with the authority to license adult day care facilities 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 repeals implement the Human Resources Code, Chapter 103, sec.sec.103. 001- 103.011. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on November 28, 1994. TRD-9451459 Nancy Murphy Section Manager, Media and Policy Services Texas Department of Human Services Effective date: January 1, 1995 Proposal publication date: September 16, 1994 For further information, please call: (512) 450-3765 Subchapter D. Facility Construction Procedures 40 TAC sec.98.61 The amendment is adopted under the Human Resources Code, Chapter 103, which provides the department with the authority to license adult day care facilities 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 amendment implements the Human Resources Code, Chapter 103, sec.sec.103. 001-103.011. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on November 28, 1994. TRD-9451460 Nancy Murphy Section Manager, Media and Policy Services Texas Department of Human Services Effective date: January 1, 1995 Proposal publication date: September 16, 1994 For further information, please call: (512) 450-3765 Subchapter E, Inspections, Surveys, and Visits 40 TAC sec.98.81, sec.98.82 The amendments are adopted under the Human Resources Code, Chapter 103, which provides the department with the authority to license adult day care facilities 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 amendments implement the Human Resources Code, Chapter 103, sec.sec.103. 001-103.011. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on November 28, 1994. TRD-9451461 Nancy Murphy Section Manager, Media and Policy Services Texas Department of Human Services Effective date: January 1, 1995 Proposal publication date: September 16, 1994 For further information, please call: (512) 450-3765 Subchapter F. Enforcement 40 TAC sec.sec.98.101, 98.102, 98.104 The repeals are adopted under the Human Resources Code, Chapter 103, which provides the department with the authority to license adult day care facilities 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 repeals implement the Human Resources Code, Chapter 103, sec.sec.103. 001- 103.011. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on November 28, 1994. TRD-9451462 Nancy Murphy Section Manager, Media and Policy Services Texas Department of Human Services Effective date: January 1, 1995 Proposal publication date: September 16, 1994 For further information, please call: (512) 450-3765 40 TAC sec.sec.98.102-98.105 The amendment and new sections are adopted under the Human Resources Code, Chapter 103, which provides the department with the authority to license adult day care facilities 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 amendment and new sections implement the Human Resources Code, Chapter 103, sec.sec.103.001-103.011. sec.98.103. Revocation. (a) When a serious violation occurs, such that the health and safety of clients is jeopardized, the Texas Department of Human Services (DHS) may revoke the license. (b) In addition, DHS may revoke a license if the licensee: (1)-(2) (No change.) (3) concealed a material fact in the application for a license or failed to disclose information required in sec.98.13 of this title (relating to Applicant Disclosure Requirements) that would have been the basis to deny the license under sec.98.19 of this title (relating to Criteria for Denying a License or Renewal of a License). (c) (No change.) (d) The facility will be notified by certified mail of DHS's intent to revoke the license, including the facts or conduct alleged to warrant the revocation. The facility has an opportunity to show compliance with all requirements of law for the retention of the license as provided in sec.98.105 of this title (relating to Informal Reconsideration). If the facility requests an informal reconsideration, DHS will give the license holder a written affirmation or reversal of the proposed action. (e) The facility has 15 calendar days from receiving the certified mail notice of license revocation to request a hearing, in accordance with sec.98. 104 of this title (relating to Administrative Hearings) and sec.sec.79.1601-79. 1614 of this title (relating to Formal Hearings). If the facility appeals the revocation, the status of the license holder is preserved until final disposition of the contested matter. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on November 28, 1994. TRD-9451463 Nancy Murphy Section Manager, Media and Policy Services Texas Department of Human Services Effective date: January 1, 1995 Proposal publication date: September 16, 1994 For further information, please call: (512) 450-3765 Subchapter G. Miscellaneous Provisions 40 TAC sec.98.121 The repeal is adopted under the Human Resources Code, Chapter 103, which provides the department with the authority to license adult day care facilities 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 repeal implements the Human Resources Code, Chapter 103, sec.sec.103. 001- 103.011. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on November 28, 1994. TRD-9451464 Nancy Murphy Section Manager, Media and Policy Services Texas Department of Human Services Effective date: January 1, 1995 Proposal publication date: September 16, 1994 For further information, please call: (512) 450-3765 40 TAC sec.98.122, sec.98.123 The amendment and new section are adopted under the Human Resources Code, Chapter 103, which provides the department with the authority to license adult day care facilities 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 amendment and new sections implement the Human Resources Code, Chapter 103, sec.sec.103.001-103.011. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority. Issued in Austin, Texas, on November 28, 1994. TRD-9451465 Nancy Murphy Section Manager, Media and Policy Services Texas Department of Human Services Effective date: January 1, 1995 Proposal publication date: September 16, 1994 For further information, please call: (512) 450-3765