PROPOSED RULES Before an agency may permanently adopt a new or amended section or repeal an existing section, a proposal detailing the action must be published in the Texas Register at least 30 days before action is taken. The 30-day time period gives interested persons an opportunity to review and make oral or written comments on the section. Also, in the case of substantive action, a public hearing must be granted if requested by at least 25 persons, a governmental subdivision or agency, or an association having at least 25 members. Symbology in proposed amendments. New language added to an existing section is indicated by the use of bold text. [Brackets] indicate deletion of existing material within a section. TITLE 4. AGRICULTURE Part I. Texas Department of Agriculture Chapter 5. Quarantines Pink Bollworm Quarantine 4 TAC sec.5.179 The Texas Department of Agriculture (the department) proposes an amendment to sec.5.179, concerning authorized planting and stalk destruction dates. The proposed amendment to sec.5.179 will allow the department to issue penalties for failure to request an extension. Currently, where fields have standing cotton and farm owners/operators are unable to comply with the stalk destruction deadline due to adverse weather or other good cause, the fields are in violation of the stalk destruction deadline unless extensions have been granted. The proposed amendment will allow the department to assess a penalty, under these circumstances only, for failure to apply for an extension, without also penalizing the farm owner and/or operator for failure to destroy the cotton by the required deadline. In addition, the proposed amendment will allow the department to use pest management committee member recommendations in determining whether to grant extension requests. Rick Smathers, coordinator for cotton programs, has determined that for the first five-year period the rule is in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the rule. Mr. Smathers also has determined that for each year of the first five years the rule is in effect the public benefit anticipated as a result of enforcing the rule will be decreased pesticide use and increased cotton production. There is no anticipated economic cost to persons who are required to comply with the rule as proposed. There will be no effect on large or small businesses. Comments on the proposal may be submitted to Rick Smathers, Coordinator for Cotton Programs, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711, and must be received no later than 30 days from the date of publication of the proposal in the Texas Register. The amendment is proposed under the Texas Agriculture Code, sec.74.054, which provides the Texas Department of Agriculture with the authority to adopt rules necessary for the control and eradication of the Pink Bollworm; and the Code, sec.12.020, which provides for administrative penalties for violations of Chapter 74 or rules adopted thereunder. The code sections that will be affected by the proposal are Texas Agriculture Code, Chapter 74, Subchapter B. sec.5.179. Authorized Planting and Stalk Destruction Dates. (a) (No change.) (b) The commissioner may, on written request by a farm owner and/or operator, grant an extension of the cotton planting or destruction dates. The commissioner may also, on written request by farm owner and/or operator, authorize an alternative to the method of mechanical destruction of cotton prescribed by these rules. Requests for extensions or changes in the method of the destruction of cotton may be granted due to adverse weather conditions or other good cause. When an extension is needed, the department may request a recommendation from the pest management committee. If a farm owner and/or operator cannot comply with the destruction deadline, the farm owner and/or operator must apply for an extension on or before the deadline date.
    [Granting extensions of dates. The department, may on written request by a farm owner or operator, grant an extension of the planting or stalk destruction dates.] (1)-(2) (No change.) (3) Failure to submit an extension request where required, constitutes a violation and shall subject the farm owner and/or operator to administrative penalties as allowed by Texas Agriculture Code, Chapter 74, and sec.12.020. (4) Extension requests will be considered for approval only if compliance with subsection (a) of this section is delayed for one or more of the following reasons: (A) research; (B) weather conditions; (C) illness; or (D) mechanical failure. (c) (No change.) This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 11, 1995. TRD-9500457 Dolores Alvarado Hibbs Chief Administrative Law Judge Texas Department of Agriculture Earliest possible date of adoption: February 24, 1995 For further information, please call: (512) 463-7583 Chapter 6. Boll Weevil Control 4 TAC sec.6.4 The Texas Department of Agriculture (the department) proposes an amendment to sec.6.4, concerning authorized planting dates, cotton destruction dates, and prescribed methods of destruction. The proposed amendment to sec.6.4 will allow the department to issue penalties for failure to request an extension. Currently, where fields have standing cotton and farm owners/operators are unable to comply with the stalk destruction deadline due to adverse weather or other good cause, the fields are in violation of the stalk destruction deadline unless extensions have been granted. The proposed amendment will allow the department to assess a penalty, under these circumstances, for failure to apply for an extension without also penalizing the farm owner and/or operator for failure to destroy the cotton by the required deadline. Rick Smathers, coordinator for cotton programs, has determined that for the first five-year period the rule is in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the rule. Mr. Smathers also has determined that for each year of the first five years the rule is in effect the public benefit anticipated as a result of enforcing the rule will be decreased pesticide use and increased cotton production. There is no anticipated economic cost to persons who are required to comply with the rule as proposed. There will be no effect on large or small businesses. Comments on the proposal may be submitted to Rick Smathers, Coordinator for Cotton Programs, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711, and must be received no later than 30 days from the date of publication of the proposal in the Texas Register. The amendment is proposed under the Texas Agriculture Code, sec.74.006, which provides the Texas Department of Agriculture with the authority to adopt rules necessary for the control and eradication of the boll weevil; and the Code, sec.12.020, which provides for administrative penalties for violations of Chapter 74 or rules adopted thereunder. The code section that will be affected by the proposal is Texas Agriculture Code, Chapter 74, Subchapter A. sec.6.4. Authorizing Planting Dates, Cotton Destruction Dates, and Prescribed Methods of Destruction. (a)-(b) (No change.) (c) The commissioner may, on written request by a farm owner and/
      or operator, grant an extension of the cotton
        planting or [cotton] destruction dates. The commissioner may also, on written request by a farm owner and/
          or operator, authorize an alternative to the method of mechanical destruction of cotton prescribed by these rules. Requests for extensions or changes in the method of destruction of the cotton may be granted due to adverse weather conditions or other good cause. When an extension [due to other good cause] is needed, the department may request a recommendation from the pest management committee. If a farm owner and/or operator cannot comply with the destruction deadline, the farm owner and/or operator must apply for an extension on or before the deadline date. (1)-(2) (No change.) (3) Failure to submit an extension request where required constitutes a violation and shall subject the farm owner and/or operator to administrative penalties as allowed by Texas Agriculture Code, Chapter 74, and sec.12.020. (4) Extension requests will be considered for approval only if compliance with subsection (a) of this section is delayed for one or more of the following reasons: (A) research; (B) weather conditions; (C) illness; or (D) mechanical failure. (d) (No change.) This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 11, 1995. TRD-9500456 Dolores Alvarado Hibbs Chief Administrative Law Judge Texas Department of Agriculture Earliest possible date of adoption: February 24, 1995 For further information, please call: (512) 463-7583 TITLE 25. HEALTH SERVICES Part I. Texas Department of Health Chapter 169. Zoonosis Control
            [Veterinary Public Health] Rabies Control and Eradication 25 TAC sec.169.34 (Editor's Note: The Texas Department of Health proposes for permanent adoption the new section it adopts on an emergency basis in this issue. The text of the new section is in the Emergency Rules section of this issue.) The Texas Department of Health (department) proposes new s169.34, concerning an area quarantine to prevent the spread of the south Texas canine, and Texas fox rabies epizootics. The new section is necessary to prevent the removal of potentially infected animals from within, and south of the department's vaccination area, and from Texas to other states. This section is also adopted on an emergency basis in this issue of the Texas Register. Keith A. Clark, D.V.M. of the Zoonosis Control Division has determined that for the first five-year period the section is in effect there will be no net cost to state or local government as a result of enforcing the section as proposed. Dr. Clark also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the rule will be a smaller than projected number of rabies cases occurring among susceptible animal populations outside the areas currently affected and a corresponding reduction in the threat to public health. There will be a negligible effect on small businesses because the number of businesses currently engaged in the activity the quarantine will prohibit is very small. There is no anticipated economic cost to persons who are required to comply with the section as proposed, and no effect on employment. Comments may be submitted to Dr. Keith A. Clark, of the Zoonosis Control Division, 1100 West 49th Street, Austin, Texas 78756, (512) 458-7255. Comments on the proposed rule will be accepted for 30 days following publication in the Texas Register. The new section is proposed under the Texas Health and Safety Code, Chapter 826, "Rabies," Subchapter E, "Reports and quarantine," sec.826.045, which provides the board with the authority to declare an area rabies quarantine to prevent or contain a rabies epizootic and adopt permanent or emergency rules; 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 department, and the commissioner of health. The Health and Safety Code, sec.826.045 is affected by the new section. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 13, 1995. TRD-9500629 Susan K. Steeg General Counsel Texas Department of Health Earliest possible date of adoption: February 24, 1995 For further information, please call: (512) 458-7255 Part V. Center for Rural Health Initiatives Chapter 500. Executive Committee for the Center for Rural Health Initiatives The Center for Rural Health Initiatives (Center) proposes the repeal of sec.sec.500.21-500.42 and new sec.sec.500.21-500.30, concerning the outstanding rural scholar recognition program which provides forgiveness loans to students pursuing health care professions. The proposed new sections establish the purpose and administration of the program; provide definitions; establish administration and coordination of the advisory committee; establish requirements for recognition; establish requirements for forgiveness loans; establish conditions for breach of contract; provide for repayment and enforcement of collection; provide for cancellations and postponements; and provide for dissemination of program information, tracking and reports. These new sections are proposed to streamline administrative procedures and increase the efficiency and effectiveness of the outstanding rural scholar recognition program. William J. Lydon, Program Administrator, has determined that for the first five years the proposed sections are in effect there will be fiscal implications for state and local entities private and public. State government will be required to provide 50% of the cost of attendance for a student and local entities will be required to provide the other 50% to cover the full amount of a student's cost of attendance as determined by the financial aid office at the academic institution where the student attends. The Center's Executive Committee will award forgiveness loans to qualified outstanding rural scholars based on the availability of state funds. Mr. Lydon also has determined that for each year of the first five years that the proposed sections are in effect, the long-term benefit to rural communities will be an increase in the number of health care professionals practicing in rural areas in the state. There will be no effect on small businesses. There will be no cost to persons who comply with the requirements of the proposed sections. In the event the individual does not comply with the requirements of the proposed sections, the individual shall be held liable for liquidated damages equal to one time the total forgiveness loan amount plus all applicable costs, fees and interest at the highest rate allowed by law. Comments on the proposed sections may be submitted to William J. Lydon, Program Administrator, Center for Rural Health Initiatives, P.O. Drawer 1708, Austin, Texas 78767-1708, within 30 days of the date of publication. Subchapter C. Outstanding Rural Scholar Recognition Program 25 TAC sec.sec.500.21-500.42 (Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Center for Rural Health Initiatives or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The repeals are proposed under the Health and Safety Code, Chapter 106, Subchapter C, which authorizes the Executive Committee of the Center for Rural Health Initiatives to adopt rules to administer the Center's program. No other code or article is affected by these repeals. sec.500.21. Purpose, Administration, Delegation of Powers. sec.500.22. Definitions. sec.500.23. Allied Health Professional. sec.500.24. Eligible Institution of Higher Education. sec.500.25. Community Agent. sec.500.26. Eligible Scholar. sec.500.27. Rural Scholar. sec.500.28. Outstanding Rural Scholar. sec.500.29. Outstanding Rural Scholar Advisory Committee. sec.500.30. Outstanding Rural Scholar Recognition Program. sec.500.31. Designation of Outstanding Rural Scholars. sec.500.32. Qualifications for Forgiveness Loans. sec.500.33. Priorities for Application Processing. sec.500.34. Annual Loan Limits. sec.500.35. Payments to Students. sec.500.36. Change in Student Status. sec.500.37. Returned Funds. sec.500.38. Conditions of Loans. sec.500.39. Interest on Forgiveness Loans. sec.500.40. Compliance with Conditions of Forgiveness Loans. sec.500.41. Noncompliance with Conditions of Forgiveness Loans. sec.500.42. Directory of Community Agents, Dissemination of Program Information, Tracking and Reports. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 13, 1995. TRD-9500641 Laura M. Jordan Executive Director Center for Rural Health Initiatives Earliest possible date of adoption: February 24, 1995 For further information, please call: (512) 479-8891 25 TAC sec.sec.500.21-500.30 The new sections are proposed under the Health and Safety Code, Chapter 106, Subchapter C, which authorizes the Executive Committee of the Center for Rural Health Initiatives to adopt rules to administer the Center's program. sec.500.21. Purpose, Administration and Delegation of Powers and Duties. (a) The purpose of the Outstanding Rural Scholar Recognition Program is to recognize, encourage, and financially support students in health care professions studies at institutions of higher education and to lead them to provide health care in rural communities in Texas. (b) The Center shall administer the Outstanding Rural Scholar Recognition Program in accordance with the Health and Safety Code, Chapter 106, Subchapter C. (c) The executive committee delegates to the executive director of the Center the powers and duties to administer the program. sec.500.22. Definitions. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise: Academic term-Is equal to one of the following: (A) a semester; (B) a trimester; (C) a quarter. Advisory committee -The Outstanding Rural Scholar Advisory Committee. Allied health professional-A provider of health care or health related services, including services relating to: the identification, evaluation, and prevention of diseases and disorders; diet and nutrition; health promotion; rehabilitation; or health systems management. Allied health professions-Fields relating to the delivery of health care or health related services responsible for the identification, evaluation and prevention of diseases and disorders; dietary and nutritional services; health promotion, rehabilitation; or health systems management. Center-The Center for Rural Health Initiatives. Cost of attendance -Allowable costs as determined to be necessary by the financial aid office of the academic institution a student attends which includes costs for tuition, fees, books, supplies, room and board, transportation and personal expenses. Executive committee -The executive committee of the Center for Rural Health Initiatives. Executive director -The executive director of the Center for Rural Health Initiatives. Family member-An individual related to the student by kinship, adoption, or marriage, as well as foster children certified by the Texas Department of Protective and Regulatory Services. Forgiveness loan -A loan made through the Outstanding Rural Scholar Recognition Program. Fund-The Outstanding Rural Scholar Loan Fund administered by the executive committee. Health care professional-Any provider of health care or health related services in the fields of medicine, dentistry, optometry, pharmacy, chiropractic, psychology, nursing or allied health. Health care professions-The fields of medicine, dentistry, optometry, pharmacy, chiropractic, psychology, nursing and allied health. Primary care-The specialties of family practice, emergency medicine, general internal medicine, general pediatrics, general obstetrics and gynecology. Resident of Texas-As described in Education Code, Chapter 54, Subchapter B. Rural community -An incorporated or unincorporated municipality in a nonmetropolitan county in Texas as defined by the United States Census Bureau in its most recent census. Satisfactory academic progress-Maintenance of satisfactory cumulative grade point average and course load to qualify the student for placement in planned subsequent years of the degree plan. sec.500.23. Advisory Committee. (a) Appointments to the advisory committee by the executive committee shall be made with consideration to geographical areas of the state. (b) The composition of the advisory committee shall be: (1) one rural practicing family practice physician; (2) one rural hospital administrator; (3) one rural practicing registered professional nurse; (4) one rural practicing allied health professional; (5) one dean of a medical school; (6) one dean of a nursing school; (7) one dean of a school of allied health science; (8) one head of a vocational/technical institution; (9) one community college administrator; (10) one individual knowledgeable in student financial assistance programs; (11) one rural public school superintendent; and (12) one rural resident. (c) The committee members serve terms of six years with the terms of one-third of the members expiring on August 31 of each odd-numbered year. All committee members are eligible for reappointment to consecutive terms. (d) A member of the advisory committee shall be reimbursed for expenses incurred in performing duties pertaining to the Outstanding Rural Scholar Recognition Program. Reimbursement may not exceed the amount specified in the General Appropriations Act for travel and per diem allowances for state employees. (e) The advisory committee may elect a chairman, vice-chairman and secretary from among its members and may adopt rules for the conduct of its activities. (f) Vacancies on the advisory committee shall be filled by the executive committee in the same manner as indicated in subsections (a), (b) and (c) of this section. (g) The advisory committee advises the executive committee on the progress of the Outstanding Rural Scholar Recognition Program and shall: (1) recommend students to be recognized as outstanding rural scholars; (2) recommend guidelines for sponsors to nominate students; (3) recommend guidelines for awarding forgiveness loans; (4) recommend the amount of the loan to be awarded to the student; (5) review cases and make recommendations concerning exceptions regarding the community in which a student may fulfill the obligated service period; and (6) review cases and make recommendations concerning student academic progress. sec.500.24. Requirements for Recognition. (a) Eligibility Requirements for Recognition. (1) Eligible Sponsor. To nominate a student for recognition, a sponsor shall: (A) be located in a rural community in Texas; (B) be an entity with a council, board of trustees or commissioners which is responsible to the rural community in which it is located, and is legally authorized to raise funds, or accept grants, financial gifts, scholarship funds, or private foundation funds; (C) agree to provide 50% of the cost of attendance, if the nominee is selected to receive a forgiveness loan; and (D) be in good standing with the Outstanding Rural Scholar Recognition Program. (2) Eligible Student. To be nominated for recognition, a student shall: (A) be a Texas resident, who is sponsored by and has financial support committed from a rural community sponsor; (B) be enrolled or intend to enroll in an eligible academic institution of higher education to become a health care professional: (i) be a high school student who is in the upper 25% of the high school's class, if such class numbers 48 or greater, or have an overall B average; or (ii) be a college student who has a cumulative grade point average of 3.00 on a 4.00 scale; or (iii) be an individual who has a high school diploma or equivalent and demonstrates to the satisfaction of the rural community sponsor the motivation, qualities, and abilities that lead to success in the chosen health care profession. (3) Eligible Academic Institution. (A) An eligible academic institution shall be a Texas institution of higher education which may be any public institution as defined in Texas Education Code, sec.61.003(8) or any nonprofit, independent institution as defined in Texas Education Code, s61. 222 or any other nonprofit health-related school or program. (B) Any health related schools or programs within eligible academic institutions must be accredited by the Commission on Colleges of the Southern Association of Colleges and Schools, the Liaison Committee on Medical Education, the American Osteopathic Association, the Texas State Board of Nurse Examiners for Registered Nurses, the Texas Board of Vocational Nurse Examiners, or, in the case of allied health, an accrediting body recognized by the U.S. Department of Education. (C) An eligible academic institution must follow the Civil Rights Act of 1964 (Public Law 88-353) Title VI to prevent discrimination in admissions. (b) Application Requirements for Recognition. (1) The application shall be coordinated and submitted by the sponsor. The application shall be in a form prescribed by the Center and may include but is not limited to: (A) the student's name, social security number, home address and phone number; (B) academic credentials; (C) the results of one or more sponsor interviews with the student; (D) a typed essay of no more than 500 words stating the following: (i) the reasons for entering the competition; (ii) a description of the chosen health care profession; (iii) the reasons for entering the chosen health care profession; (iv) the reasons for wanting to provide health care to rural Texans; (E) no more than three letters of recommendation from the professional staff of the high school or college, or from employers or community leaders who have known the student for at least one year; and (F) evidence of sponsor eligibility. 13> (2) The advisory committee may request additional information or interviews from the sponsor or the student as needed. (c) Criteria for Recognition. (1) A student shall be recommended for recognition as an outstanding rural scholar by the advisory committee based on the student's: (A) academic credentials; (B) one or more interviews with the sponsor; (C) a statement written by the student of the student's reasons for entering the competition and a health care profession and the student's reasons for wanting to provide health care to rural Texans; (D) financial support committed by the sponsoring rural community; (E) standardized tests, but in no event shall the student's performance on a standardized test be used as the sole criterion to determine selection. (2) The advisory committee shall evaluate and rank the students and inform the executive committee of its recommendations. The executive committee shall notify each sponsor of the results and provide the sponsor with a certificate of award signed by the executive director and the executive committee chairman for each student recognized as an outstanding rural scholar. sec.500.25. Requirements for Forgiveness Loan. (a) Eligibility Criteria for Forgiveness Loan. (1) Initial Loan. To be eligible to apply for a forgiveness loan under this program, the student shall: (A) meet the eligibility requirements and be recognized as an outstanding rural scholar; (B) receive public recognition of the student's selection as an outstanding rural scholar. Each sponsor shall send the Center proof of public recognition of the student. Such recognition may include an announcement in local newspapers of the student's selection and public recognition of the student at civic gatherings or school assemblies; (C) have the sponsor's commitment to provide 50% of the student's costs of education; (D) not have defaulted on nor owe a refund on any state or federal aid; (2) Subsequent Loan. A student who has received an initial loan shall have priority for subsequent loans provided the following requirements are satisfied: (A) the student maintains satisfactory academic progress in the educational program in accordance with the prescribed degree plan; (B) the student files a degree plan complete with graduation date; (C) the student files a course plan, financial aid disclosure statement and grade report each academic term; (D) the student completes the same number of credit hours for which the student enrolled at the beginning of the academic term each academic term, unless circumstances outside the student's control such as severe illness suffered by the student or a family member, or death of a family member have necessitated the student to reduce the credit load. The student shall present to the Center verification of the reason for dropping below the initial number of credit hours for which initially enrolled at the beginning of the academic term. Such verification may include a sworn affidavit from a qualified physician as to the student's or family member's health status, or a death certificate in the case of a death in the student's family. If the student repeatedly drops below the initial number of credit hours during the course of the academic term, the Center in concurrence with the sponsor shall determine whether the student is in breach of contract and whether the student should be discontinued from the program. However, the advisory committee may unilaterally recommend removal of a student from the program should the advisory committee determine that the student is not maintaining satisfactory academic progress to attain the prescribed degree; and (E) state funds are available for subsequent loans. (b) Application for Forgiveness Loan. The student shall submit the completed forgiveness loan application. The forgiveness loan application shall be in a form prescribed by the Center and may include but is not limited to: (1) student personal information; (2) health care professional education program the student is pursuing; (3) name and relation of a cosigner for forgiveness loan; (4) name of the academic institution the student shall attend; (5) cost of attendance at the academic institution; (6) other financial aid the student will receive; (7) length of academic year; (8) estimated graduation date; (9) signature of financial aid officer; (10) name and address of sponsoring rural community organization; and (11) signature of sponsor representative. (c) Conditions for Forgiveness Loan. (1) The student shall use the proceeds of the forgiveness loan only for educational expenses at the agreed upon academic institution. (2) The annual forgiveness loan shall not exceed the annual cost of attendance at the eligible academic institution the student attends. (3) The cost of attendance shall be determined by the academic institution's financial aid office. A student may receive other financial aid in the form of grants, scholarships and loans for which the student may be eligible. However, it is recommended that the student decline any loans other than the forgiveness loan. The Center shall reduce the amount of the forgiveness loan by the amount of other financial aid a student receives in order that the total financial aid a student receives does not exceed the allowable cost of attendance as determined by the financial aid office. (4) The executive director may authorize forgiveness loans to be awarded to eligible students provided the: (A) student has submitted a forgiveness loan application; (B) sponsor has executed a Memorandum of Understanding with the Center in which the sponsor agrees to provide 50% of the student's costs of attendance for the academic year; (C) sponsor and the student have executed a contract with the Center in which the: (i) sponsor agrees to provide 50% of the student's cost of attendance for the duration of the student's academic program as determined by the eligible academic institution; (ii) sponsor agrees to provide a practice or employment opportunity for the student upon certification or licensure in the prescribed health care profession; (iii) student agrees to a provide course plan, grade report or transcript and a financial aid disclosure statement each academic term; (iv) student agrees to complete the prescribed health care professional education program within the time period determined by the eligible academic institution for the specified degree; (v) student agrees to attain certification or licensure in the prescribed health care profession; (vi) student agrees to return to the sponsoring rural community within sixty days of attaining certification or licensure or completing the prescribed residency program in the case of medical students; (vii) student agrees to provide health care on a full-time basis in the sponsoring rural community for a period of obligated service equal to the same number of years loan support was provided. (viii) Center agrees to provide 50% of the student's cost of attendance for the duration of the student's academic program; and (ix) Center agrees to report the student's status to the sponsor at least once a year. (d) Disbursement of Forgiveness Loan Funds. Disbursements shall be made according to a schedule determined by the Center. Before a disbursement is made: (1) the student shall execute a promissory note with the Center to pay the forgiveness loan in the event of breach of contract. The promissory note must be cosigned. (A) A cosigner of a promissory note executed under these rules shall be a person signing a note, other than the student, who is a citizen or permanent resident of the United States over 21 years of age and who is gainfully employed or otherwise demonstrates financial responsibility. (B) A cosigner may be a relative other than the student's spouse and may not be a student. (C) A cosigner is jointly and severally responsible for the promissory note in the event of breach of contract. (2) the sponsor shall remit to the Center an amount equal to 50% of the disbursement; and (3) a state warrant for the prescribed disbursement will be made payable to the student at the academic institution the student attends, and shall be sent to the financial aid office of the academic institution. Disbursements shall not be sent directly to the student. (e) Refunds. (1) A student shall be responsible for refunding the Center an amount equal to: (A) the cost of attendance paid for courses not completed; and (B) any amount of financial aid received from other sources. (2) The Center may: (A) deduct the refund from the student's next scheduled loan disbursement; (B) request the financial aid office of the academic institution the student attends to remit an institutional check for the amount of the refund; or (C) require the student to remit a personal check for the amount of the refund in the event the student will not receive any more loan disbursements. (f) Loan Forgiveness. (1) A student who receives a forgiveness loan under this program shall be forgiven the total forgiveness loan by providing full-time health care practice for an obligated period of service equal to 12 months for each year loan support is provided. If employment is on less than a full-time basis, forgiveness shall be prorated. (2) The obligated period of service shall begin on the date full-time employment or practice begins in the sponsoring rural community after the student has become certified or licensed in the health care profession for which sponsored. (3) Only outstanding principal and interest remaining unpaid shall be eligible for forgiveness. sec.500.26. Breach of Contract. A contract executed under this subchapter between the Center, the sponsor and the student is a binding contract. (1) Sponsor. (A) A sponsor shall be in breach of contract on the date the sponsor failed to meet the conditions of this subchapter. (B) A sponsor shall notify the Center in writing within two weeks of any change in status. (C) A sponsor shall be in breach of contract if the sponsor: (i) fails to provide 50% of the student's costs of attendance as determined by the academic institution for the duration of the student's agreed upon health care academic program; or (ii) fails to provide a full-time employment or practice opportunity for the student as a health care professional for which sponsored upon the student's certification or licensure. (D) If the sponsor is found to be in breach of contract, the Center may require any or all of the following: (i) forfeiture of all claim to funds forwarded to the student; (ii) cancellation of the student's obligated period of service; and 13> (iii) forfeiture of opportunity to sponsor a student in the future. (E) In the event of a sponsor breach of contract, the Center may assist the student in obtaining alternative sponsorship, employment or practice opportunity in another rural community where loan forgiveness may be granted. In such an event, the original sponsor may not seek reimbursement from either the student, another rural community sponsor nor the Center. (2) Student. (A) The student shall be in breach of contract on the date the student failed to meet the conditions of this subchapter. (B) The Center shall hold the student who breaches a contract liable for liquidated damages equal to one time the total forgiveness loan amount plus all applicable costs, fees and interest at the highest rate allowed by law. (C) The student shall be considered in breach of contract and shall not be eligible to receive forgiveness loan funds if the student fails to meet any of the conditions of this subchapter. The student shall notify the Center in writing within two weeks of any change in status. The student shall be in breach of contract if the student: (i) fails to maintain satisfactory academic progress according to the academic institution the student attends except that one academic term of grace will be extended to the student if the student is placed on scholastic probation during which time the student may receive a loan disbursement; (ii) fails to attain satisfactory academic progress following an academic term of scholastic probation; (iii) voluntarily withdraws from the Outstanding Rural Scholar Recognition Program forgiveness loan; (iv) fails to accept payment or instructs the academic institution not to accept payment, in whole or in part, of a forgiveness loan under contract as described in this subsection; (v) voluntarily withdraws from or terminates enrollment in the agreed upon academic program or institution before completion of the agreed upon academic program; (vi) fails to complete the academic program according to the degree plan; (vii) ceases to be enrolled full-time in an academic program which requires full-time enrollment; (viii) is dismissed for disciplinary reasons from the agreed upon academic program or institution; (ix) fails to begin or complete the required practicum, internship or residency; (x) fails to begin or complete a residency program in primary care as defined in these rules, in the case of medical students; (xi) fails to begin the obligated period of service within 60 days of attaining certification or licensure, or within 60 days of completing a residency program in the case of medical students; or (xii) fails to complete the obligated period of service. (D) A student shall sit for the first certification or licensure examination for which eligible upon completion of the prescribed academic program. If certification or licensure is delayed because of failure to pass the examination, the student shall retake it the next time the student is eligible to do so. If the student fails to become certified or licensed after the second attempt, the student shall be in breach of contract. sec.500.27. Repayment. (a) In the event a student is found to be in breach of contract, the student shall remedy the breach by paying to the Center liquidated damages equal to one time the total forgiveness loan amount plus collection costs, fees and interest as specified in this subsection. (b) In the event the student breaches the contract by beginning but failing to complete the obligated period of service, the student shall pay to the Center a prorated share of the damages based on the percent of the obligated period of service which has not been completed plus collection costs, fees and interest as specified in this subsection. (c) Interest assessed to the loan shall be simple interest at the highest rate allowed by law and shall commence with the date of the first disbursement. (d) To remedy the breach of contract, the student shall remit all payments directly to the Center according to a schedule determined by the Center. (e) Repayment shall begin immediately upon a breach of contract. (f) The repayment period shall not exceed five years. (g) A charge of 5.0% of the monthly payment or five dollars, whichever is greater, shall be assessed on any payment received later than ten days from the due date. (h) The Center shall repay the sponsor its portion of the forgiveness loan plus interest which pertains to that portion according to a schedule determined by the Center. (i) The Center shall not be responsible for repaying to the sponsor any forgiveness loan portions or interest accrued on those portions provided by the sponsor in the event the Center is unsuccessful in collecting repayment from the student. (j) The Center shall report all outstanding loans in repayment to a national credit bureau to be placed on the students' credit reports. sec.500.28. Enforcement of Collection. (a) The Center shall initiate collection procedures immediately against a student who fails or refuses to make as many as six payments due in accordance with the repayment schedule. (b) The Center shall report the student's name and last known address and other information requested to the attorney general. (c) Suit for the remaining sum shall be instituted by the attorney general or any county or district attorney acting on behalf of the attorney general in the county of the student's residence or in Travis county, at the option of the Center, unless the attorney general finds reasonable justification for delaying suit and so advises the Center in writing. (d) Should the default continue beyond 60 days from the date suit service was obtained, the Center shall cause a judgement to be entered which may be filed in the county where the service was obtained. The Center will release the judgement once the student has completed the repayment of the debt as stipulated in the judgement. (e) The Center shall request the academic institution to cause the student's transcripts to be unavailable to the student or any other person outside the institution until the academic institution has been notified that the default has been corrected. (f) The student shall be responsible for the payment of the liquidated damages and all accrued charges including interest at the highest rate allowed by law, late charges, skiptracking fees and other collection fees, administrative costs, court costs and attorney fees. sec.500.29. Cancellations and Postponements. (a) The Center shall have the authority to cancel a student's service or repayment obligation if the Center determines that: (1) the student is unable to complete the academic program, internship or residency, or attain certification or licensure, or practice health care because of a total and permanent disability verified by a sworn affidavit of a qualified physician; or (2) the student has died, verified by a court-certified copy of a death certificate or other evidence of death that is conclusive under state law. (b) The cosigner of a promissory note shall not be responsible for loan repayment, accrued interest or other charges if the student dies or becomes totally and permanently disabled. (c) The Center may postpone the repayment requirement for a student who is enrolled at least half-time at an eligible academic institution. A postponement period is not included when determining the maximum repayment period. The Center may also cancel or postpone repayment for a student who provides evidence of extreme financial hardship. In the case of postponement, the period of postponement will not be included in determining the maximum repayment period. The Center may require periodic payments on the accrued interest during the postponement period. sec.500.30. Dissemination of Program Information, Tracking and Reports. (a) The Center shall disseminate information about the program to all interested parties. (b) The Center shall send post-secondary academic institutions the list of outstanding rural scholars and program rules. (c) The Center shall track the academic progress of each student and report to the advisory committee annually on the status of each student. (d) The Center shall report a student's academic status to the sponsor at least annually. (e) After a student begins the obligated period of service, the Center shall track the student and report to the executive committee on the student's employment or practice status at least annually. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 9, 1995. TRD-9500365 Laura M. Jordan Executive Director Center for Rural Health Initiatives Earliest possible date of adoption: February 24, 1995 For further information, please call: (512) 479-8891 TITLE 31. NATURAL RESOURCES AND CONSERVATION Part X. Texas Water Development Board Chapter 355. Research and Planning Fund Subchapter B. Economically Distressed Areas Facility Engineering Criteria for Eligibility 31 TAC sec.355.72 The Texas Water Development Board (the board) proposes an amendment to sec.355.72, relating to Criteria for Eligibility, Research and Planning Fund, Economically Distressed Areas Facility Engineering. New subsection (a) will set forth the method that the board uses to identify affected counties as that term is defined in Texas Water Code, sec.16.341, will provide for publication of the list of eligible counties in the Texas Register, and will allow political subdivisions in affected counties to continue to be eligible to apply for financial assistance for facility engineering until a new list of eligible counties is published in the Texas Register . The current implied (a) is changed to subsection (b) to accommodate the new subsection (a). Pamela Ansboury, the Director of Finance, has determined that there will not be fiscal implications as a result of administering the rule. There will be no effect on state government for the first five-year period that the rule will be in effect. There will be no effect on local government for the first five-year period the rule will be in effect. Ms. Ansboury also has further determined that for each year of the first five years that the proposed amendment is in effect the public benefit anticipated as a result of enforcing the rule as proposed will be to give notice to affected counties and political subdivisions therein of eligibility for funds to address serious health problems, and will allow entities that may be removed from the list time to complete applications for funding that may be pending. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with this amendment as proposed. Comments on the proposals may be submitted within 30 days from the date of the publication hereof to to Jonathan Steinberg, Attorney, Texas Water Development Board, P.O. Box 13231, Austin, Texas, 78711-3231, (512) 475-2051. The amendment is proposed under Texas Water Code, sec.6.101 and sec.15.403, which requires the Board to adopt rules to carry out the purposes of the Texas Water Code and the Texas Water Assistance Program. Texas Water Code, sec.15.407 is the only provision affected by the proposed amendment. sec.355.72. Criteria for Eligibility. (a) The board shall determine the counties that are affected as that term is defined in Texas Water Code, sec.16.341 based on and subject to the receipt of annual statistics found by the executive administrator to be sufficiently reliable to make such determination. Within 60 days of the receipt of the necessary statistics to determine the state average of per capita income and unemployment rate, the executive administrator shall submit for publication in the Texas Register
              a list of affected counties. Political subdivisions in the affected counties identified on this list shall be eligible to apply to the board for funds to pay for all or part of the cost of facility engineering in economically distressed areas, including plans and specifications, until the next list of eligible counties is published in the Texas Register. (b) Political subdivisions must meet the appropriate requirements of this section before the board may provide financial assistance for facility planning. (1) A county within which the political subdivision applying for assistance is wholly or partially located must have adopted the model subdivision rules required by the Texas Water Code, sec.16.343. The board adopts these model political subdivision rules by reference. Copies of the model subdivision rules are available upon request from the Texas Water Development Board, Project Director, Economically Distressed Areas, P.O. Box 13231, Austin, Texas 78711. (2) A municipality which applies for financial assistance or within which a political subdivision applying for assistance is wholly or partially located must have adopted the model subdivision rules required by the Texas Water Code, sec.16.343, if the economically distressed area to be served is partially or wholly located within the incorporated limits of the municipality. (3) A political subdivision applying for facility planning assistance must have any required certificate of public convenience and necessity that includes the project area and that is for the same type of service to be addressed in the proposed facility planning study; or if the project area does not have a holder of a certificate of public convenience and necessity and one is required, the applicant must have applied for the certificate of public convenience and necessity before the applicant applies for facility plan assistance; or the application must be a joint application with the holder of the certificate of public convenience and necessity. (4) A district or a nonprofit water supply corporation may apply for assistance from the board if the eligible county or municipality in which the economically distressed area is located do not intend to apply for financial assistance for the same project in the same area and the eligible county or municipality approves by resolution the district's or nonprofit water supply corporation's submittal of an application for financial assistance. (5) If, after submission of a facility planning assistance application, the county average per capita income increases or the average unemployment rate decreases so that the county no longer meets the definition of affected county in sec.355.70 of this title (relating to Definitions), the political subdivision submitting the application will continue to be eligible for financial assistance provided the application is not substantially amended. (6) The applicant must present evidence from the Texas Department of Health that there is an authorized agent that has jurisdiction over the project area pursuant to Texas Health and Safety Code, sec.366.033 and Texas Civil Statutes, 4477-7e sec.5(h). (7) The applicant must present evidence that the county commissioners court has prepared a map showing the part of the county, outside the limits of the municipalities, in which the different types of on-site sewage disposal systems may be appropriately located and the parts of the county in which the different types of systems may not be appropriately located. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 11, 1995. TRD-9500434 Craig D. Pedersen Executive Administrator Texas Water Development Board Earliest possible date of adoption: February 24, 1995 For further information, please call: (512) 463-7981 TITLE 34. PUBLIC FINANCE Part I. Comptroller of Public Accounts Chapter 3. Tax Administration Subchapter GG. Insurance Tax 34 TAC sec.3.807 (Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Comptroller of Public Accounts or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The Comptroller of Public Accounts proposes the repeal of sec.3.807, concerning late payment of premium tax liability during any quarterly prepayment tax period. The section is being repealed in order that it can be incorporated into new sec.3.826, concerning Tax Return and Prepayment Due Dates and Penalty and Interest for Failing to Report or the Underreporting of Tax. Mike Reissig, chief revenue estimator, has determined that for the first five- year period the repeal is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the repeal. Mr. Reissig also has determined that repeal of the rule will benefit the public by facilitating the dissemination of uniform, consolidated penalty and interest information consistent with legislative changes enacted by House Bill 1461, 73rd Legislature, 1993. This rule is adopted under the Tax Code, Title 2, and does not require a statement of fiscal implications for small businesses. There is no significant anticipated economic cost to persons who are required to comply with the proposed repeal. Comments on the repeal may be submitted to Joe A. Galvan, Jr., Manager, Tax Administration Division, P.O. Box 13528, Austin, Texas 78711. The repeal is proposed 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 repeal implements the Insurance Code, Article 4.10, s6(b); Article 4. 11, sec.13(a); Article 9.59, sec.3(b). sec.3.807. Late Payment of Premium Tax Liability During Any Quarterly Prepayment Tax Period. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 12, 1995. TRD-9500502 Martin Cherry Chief, General Law Comptroller of Public Accounts Earliest possible date of adoption: February 24, 1995 For further information, please call: (512) 463-4028 34 TAC sec.3.808 (Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Comptroller of Public Accounts or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The Comptroller of Public Accounts proposes the repeal of sec.3.808, concerning underpayment of quarterly premium tax. The section is being repealed in order that it can be incorporated into new sec.3.826, concerning Tax Return and Prepayment Due Dates and Penalty and Interest for Failing to Report or the Underreporting of Tax. Mike Reissig, chief revenue estimator, has determined that for the first five- year period the repeal is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the repeal. Mr. Reissig also has determined that repeal of the rule will benefit the public by facilitating the dissemination of uniform, consolidated penalty and interest information consistent with legislative changes enacted by House Bill 1461, 73rd Legislature, 1993. This rule is adopted under the Tax Code, Title 2, and does not require a statement of fiscal implications for small businesses. There is no significant anticipated economic cost to persons who are required to comply with the proposed repeal. Comments on the repeal may be submitted to Joe A. Galvan, Jr., Manager, Tax Administration Division, P.O. Box 13528, Austin, Texas 78711. The repeal is proposed 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 repeal implements the Insurance Code, Article 4.10, s6(b); Article 4. 11, sec.13(a); Article 9.59, sec.3(b); Article 4.13; Article 4.14. sec.3.808. Underpayment of Quarterly Premium Tax. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 12, 1995. TRD-9500503 Martin Cherry Chief, General Law Comptroller of Public Accounts Earliest possible date of adoption: February 24, 1995 For further information, please call: (512) 463-4028 34 TAC sec.3.826 The Comptroller of Public Accounts proposes new sec.3.826, concerning tax return and prepayment due dates and penalty and interest for failing to report or underreporting of tax due. The proposal specifies the due dates for the tax returns and premium tax prepayments. It also explains the application of penalty and/or interest for failing to make payment, underpaying, underreporting or failing to file a report. This proposal replaces current sec.3.807, concerning Late Payment of Premium Tax Liability During Any Quarterly Prepayment Tax Period and sec.3.808, concerning Underpayment of Quarterly Premium Tax, which are being repealed simultaneously. Mike Reissig, chief revenue estimator, has determined that for the first five- year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Mr. Reissig also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be in facilitating the dissemination of uniform, consolidated penalty and interest information consistent with legislative changes enacted by House Bill 1461, 73rd Legislature, 1993. This rule is adopted under the Tax Code, Title 2, and does not require a statement of fiscal implications for small businesses. There is no significant anticipated economic cost to persons who are required to comply with the proposed rule. Comments on the new section may be submitted to Joe A. Galvan, Jr., Manager, Tax Administration Division, P.O. Box 13528, Austin, Texas 78711. The new section is proposed 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 new section implements the Insurance Code, Articles 4.10, 4.11, 4.11B, 9.59, and 20A.33; and Title 2, Tax Code, Subtitles A and B. sec.3.826. Tax Return and Prepayment Due Dates and Penalty and Interest for Failing to Report or the Underreporting of Tax. (a) Premium and Maintenance Tax Return due date. The premium tax and maintenance tax return for each taxable year ending the preceding December 31st shall be filed and the total amount of tax due shall be paid on or before the first day of March of each year or if a company is required to file an annual statement after March 1, the premium maintenance tax report is required to be filed at that time. (b) Premium tax prepayments. (1) Prepayments due on or after March 1, 1994. A semiannual prepayment of premium tax must be made on March 1, or at the same time that the annual statement is required to be filed, and August 1 by all insurers with a net tax liability for the previous calendar year in excess of $1,000. The prepayment shall equal the lesser of one-half of the total premium tax paid for the previous calendar year, or one-half of the current year's tax liability. If no premium tax was paid during the previous calendar year, the prepayment will be based on the tax which would be owed on the aggregate of premium receipts for the two preceding calendar quarters based on the minimum tax rate specified by law. If the premium tax liability for the previous year was between $.01 and $1,000, no prepayment is due. (2) The amount due is the lesser of the total annual premium tax liability from the previous year, or the actual tax liability for the current year multiplied by 50%. (c) Penalty and interest. Any taxes due prior to September 1, 1993, including prepayments, are subject to the Insurance Code in effect at that time. Therefore, any assessments issued by the comptroller for additional taxes which were originally due prior to September 1, 1993, fall under the penalty and interest provisions contained within the Insurance Code, Article 4.13 and Article 4.14, in effect through August 31, 1993. Refer to paragraph (1) of this subsection. The comptroller does not have the authority to waive penalty or interest on assessments made for periods prior to September 1, 1993. (1) Prepayments and tax returns due prior to September 1, 1993. (A) Late payment. (i) Penalty. A penalty equal to 5.0% of the amount of taxes due shall be assessed for each month or portion of a month for which such payment is late. The penalty shall not exceed 20%. (ii) Interest. Interest shall accrue at an annual rate of 9.0% from the due date until the date paid. (B) Underpayment. (i) Penalty. Insurance carriers failing to satisfy the provisions of subsection (a) or (b) (1) of this section will be assessed penalty, as prescribed in subparagraph (A) (i) of this paragraph, on the difference between the amount of quarterly prepayment tax liability actually paid and the amount due. (ii) Interest. Insurance carriers failing to satisfy the provisions of subsection (a) or (b)(1) of this section will be assessed interest, as prescribed in subparagraph (A)(ii) of this paragraph, on the difference between the amount of quarterly prepayment tax liability actually paid and the amount due. (2) Prepayments and tax returns due on or after September 1, 1993. (A) Late payment. (i) A penalty of 5.0% will be assessed on all payments which are received 1-30 days after the due date. An additional 5.0% penalty will be assessed on tax payments received more than 30 days after the due date. (ii) Interest will be assessed on payments received more than 60 days after the due date at the rate of 12% per annum. Interest will begin to accrue on the 61st day from the due date and continue through date of the tax payment. The interest will be in addition to the 10% penalty assessed in clause (i) of this subparagraph. (B) Underpayment. (i) Penalty. Insurance carriers failing to satisfy the provisions of subsection (a) or (b)(2) of this section will be assessed penalty, as prescribed in subparagraph (A)(i) of this paragraph, on the difference between the amount of semiannual prepayment tax liability actually paid and the amount due. (ii) Interest. Insurance carriers failing to satisfy the provisions of subsection (a) or (b)(2) of this section will be assessed interest, as prescribed in subparagraph (A)(ii) of this paragraph, on the difference between the amount of semiannual prepayment tax liability actually paid and the amount due. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 12, 1995. TRD-9500504 Martin Cherry Chief, General Law Comptroller of Public Accounts Earliest possible date of adoption: February 24, 1995 For further information, please call: (512) 463-4028 TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part VI. Texas Department of Criminal Justice Chapter 157. State Jail Felony Facilities Subchapter B. Operational Standards 37 TAC sec.157.31 (Editor's Note: The Texas Department of Criminal Justice proposes for permanent adoption the amended section it adopts on an emergency basis in this issue. The text of the amended section is in the Emergency Rules section of this issue.) The Texas Department of Criminal Justice proposes an amendment to sec.157. 31, concerning use of a facility for a transfer facility. The amendment adds a new subsection (c) which provides that "the TBCJ delegates to the State Jail Division Director the authority to designate all of, or any semi-autonomous housing unit within, any facility designed as a state jail to be used for housing transfer inmates." David McNutt, Assistant Director for Budget and Management Services, has determined that the effect on state government for the first five-year period will be efficient utilization of state jails to hold transfer inmates, which means that operational costs will be incurred and payments to counties will be reduced. Reciprocally, county governments will experience decreasing jail backlogs and reduced compensation from the state. There will be no effect on local government. Mr. McNutt also has determined that for each year of the first five years the rule is in effect the public benefit anticipated as a result of enforcing the rule is enhanced public safety due to the efficient regulation of a comprehensive system of confinement of convicted felons in state-run facilities. There will be no effect on small businesses. There is no anticipated economic costs to persons who are required to comply with the rule as proposed. Comments should be directed to Carl Reynolds, General Counsel, Texas Board of Criminal Justice, P.O. Box 13084, Austin, Texas 78711. Written comments from the general public should be received within 30 days of the publication of this proposal. The amendment is proposed under the Government Code, sec.507.006, which allows state jails to be used for transfer inmates, and the Government Code, sec.492.013, which gives the Board of Criminal Justice the authority to adopt rules. The Government Code, Chapter 507 is affected by the proposed amendment. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 14, 1995. TRD-9500693 Carl Reynolds General Counsel Texas Department of Criminal Justice Earliest possible date of adoption: February 24, 1995 For further information, please call: (512) 463-9693 TITLE 43. TRANSPORTATION Part I. Texas Department of Transportation Chapter 1. Management 43 TAC sec.1.85 (Editor's Note: The Texas Department of Transportation proposes for permanent adoption the amendment it adopts on an emergency basis in this issue. The text of the amendment is in the Emergency Rules section of this issue.) The Texas Department of Transportation proposes an amendment to sec.1.85, concerning department advisory committees. Section 1.85 is amended to establish the Public Transportation Assessment Committee. The Public Transportation Assessment Committee is proposed to create a forum for communication among the department, the transit industry, and transit users for issues pertaining to the comprehensive assessment of public transportation which is being conducted to assess program efficiency and effectiveness, demand and ridership, funding requirements, and future program direction. The committee will review reports and other deliverables developed during the assessment and shall provide advice and recommendations to the department pertaining to the assessment, its findings, and recommendations. Thomas A. Griebel, Assistant Executive Director for Multimodal Transportation, has determined that there will be fiscal implications as a result of enforcing or administering the section. The committee will be abolished no later than August 31, 1995. The effect on state government for the eight-month period will be an estimated additional cost to the state of $10,000 as a result of enforcing or administrating the section. There will be no fiscal implications for local government as a result of enforcing or administering the amendment. Mr. Griebel has certified that there will be no significant impact on local economies or overall employment as a result of enforcing or administering the proposed section. Mr. Griebel also has determined that for the eight months the amendment is in effect the public benefit anticipated as a result of enforcing the amendment will be a forum to address recommendations for legislative action that may be necessary in order to implement some of the program-improving recommendations expected to be identified during the course of the study; and to identify ways of improving transit services for transit users, many of who are dependent upon transit services for transportation to and from work, medical services, and other essential life activities. There will be no effect on small businesses and no anticipated economic cost to persons who are required to comply with the amendment as proposed. Comments on the proposal may be submitted to Thomas A. Griebel, Assistant Executive Director for Multimodal Transportation, Texas Department of Transportation, 125 East 11th Street, Austin, Texas 78701. The deadline for receipt of written comments will be at 5:00 p.m. on February 24, 1995. Pursuant to the Administrative Procedure Act, the Government Code, Chapter 2001, the Texas Department of Transportation will conduct a public hearing to receive comments concerning the proposed amendments to sec.1.85. The public hearing will be held at 10:00 a.m., on Monday, February 6, 1995 in Room 101, Building 200, 200 East Riverside Drive, Austin, Texas, and will be conducted in accordance with the procedures specified in 43 TAC sec.1.5. Those desiring to make comments or presentations may register starting at 9:30 a.m. Any interested person may appear and offer comments, either orally or in writing, however, questioning of those making presentations will be reserved exclusively to the presiding officer as may be necessary to ensure a complete record. While any person with pertinent comments will be granted an opportunity to present them during the course of the hearing, the presiding officer reserves the right to restrict testimony in terms of time and repetitive content. Organizations, associations, or groups are encouraged to present their commonly held views, and same or similar comments, through a representative member where possible. Presentations must remain pertinent to the issue being discussed. A person may not assign a portion of his or her time to another speaker. A person who disrupts a public hearing must leave the hearing room if ordered to do so by the presiding officer. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services such as interpreters for persons who are deaf or hearing impaired, readers, large print or braille, are requested to contact Eloise Lundgren, Director of the Public Information Office, at 125 East 11th Street, Austin, Texas 78701-2383, (512) 463-8588 at least two work days prior to the meeting so that appropriate arrangement can be made. The amendment is proposed under Texas Civil Statutes, Article 6666, which provide the Texas Transportation Commission with the authority to establish rules for the conduct of the work of the Texas Department of Transportation, and more specifically Texas Civil Statutes, Article 6252-33, which provide that a state agency that is advised by an advisory committee shall adopt rules that state the purpose of the committee and describe the task of the committee and the manner in which the committee will report to the agency. Texas Civil Statutes, Article 6252-33 is affected by this proposed amendment. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 11, 1995. TRD-9500452 Diane L. Northam Legal Executive Assistant Texas Department of Transportation Earliest possible date of adoption: February 24, 1995 For further information, please call: (512) 463-8630