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 16. ECONOMIC REGULATION Part IV. Texas Department of Licensing and Regulation Chapter 61. Boxing Subchapter A. Professional and Amateur Boxing 16 TAC sec.sec.61.62, 61.70, 61.78, 61.80, 61.92, 61.100, 61.104, 61.106 The Texas Department of Licensing and Regulation adopts new sec.61.92 and amendments to sec.sec.61.62, 61.70, 61.78, 61.80, 61.100, 61.104, and 61.106, concerning professional and amateur boxing. Section 61.92 is adopted with changes to the proposed text as published in the November 22, 1994, issue of the Texas Register (19 TexReg 9258). Sections 61.62, 61.70, 61.78, 61. 80, 61.100, 61.104, and 61.106 are adopted without changes and will not be republished. The change to sec.69.92 is to correct a typographical error. The new section and amendments increase boxer's safety. Section 61.62 adds the requirement for proper proof of identification and prohibits an individual from participating in an unapproved event. Section 61.70 clarifies the insurance responsibilities of the promoter. Section 61.78 clarifies language and adds when the referee can call time to replace a mouthpiece. Section 61.80 increases the fees to help cover administration cost. Section 61.100 limits the number of rounds for a sparring or exhibition bout. Section 61.106 clarifies the language of a KO (knockout). Two comments were received opposing the fee increase. The department adopts the proposal without change since the boxing program must be as close to self- supporting as possible and less than two percent of the overall regulated population objected to the increase. The new section and amendments are adopted under Texas Civil Statutes, Article 8501-1, which provide the Texas Department of Licensing and Regulation with the authority to promulgate and enforce a code of rules and take all action necessary to assure compliance with the intent and purposes of the act. sec.61.92. Sanctions-Indefinite Suspension. A complete neurological exam, stress test, EEG, EKG, comprehensive annual medical physical, ophthalmologic exam and administrative hearing shall be required before lifting any indefinite suspension. 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 January 31, 1995. TRD-9501255 Jack W. Garison Executive Director Texas Department of Licensing and Regulation Effective date: February 21, 1995 Proposal publication date: November 22, 1994 For further information, please call: (512) 463-7357 Subchapter B. Elimination Tournaments 16 TAC sec.sec.61.200-61.212 The Texas Department of Licensing and Regulation adopts new sec.sec.61.200-61. 212, concerning the regulation of elimination tournaments. Section 61.212 is adopted with changes to the proposed text as published in the November 22, 1994, issue of the Texas Register (19 TexReg 9259). Sections 61.200-61. 211 are adopted without changes and will not be republished. Section 61.212 was changed to permit regional and championship events as certified at the discretion of the executive director to be held without the use of headgear. The new sections regulate elimination tournaments in the state of Texas. A comment was received requesting that regional and championship events be permitted without the use of headgear to align the rules with other states rules for championship events. The department agreed to change the rule to accommodate the request if the event is certified by the executive director of the Texas Department of Licensing and Regulation. The new sections are adopted under Texas Civil Statutes, Article 8501-1, which provide the Texas Department of Licensing and Regulation with the authority to promulgate and enforce a code of rules and take all action necessary to assure compliance with the intent and purposes of the act. sec.61.212. Technical Requirements-Contestant Safety. (a) All contestants shall use sixteen ounce gloves and wear approved headgear. (b) Contestants must wear an approved groin guard, or a kidney-groin guard supplied by the promoter. (c) On the second night of the tournament, a second physical shall be given to the remaining contestants to assure their fitness to compete. (d) Each contestant shall be examined by the ringside physician between each bout. (e) Regional and championship events as certified at the discretion of the executive director shall be permitted without the use of headgear. 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 January 31, 1995. TRD-9501256 Jack W. Garison Executive Director Texas Department of Licensing and Regulation Effective date: February 21, 1995 Proposal publication date: November 22, 1994 For further information, please call: (512) 463-7357 Chapter 66. Registration of Property Tax Consultants 16 TAC sec.sec.66.10, 66.20, 66.21, 66.61-66.65, 66.72 The Texas Department of Licensing and Regulation adopts new sec.66.63 and sec.66.64, and amendments to sec.sec.66.10, 66.20, 66.21, 66.61, 66.62, 66.65, and 66.72, regarding the registration of property tax consultants, without changes to the proposed text as published in the November 25, 1994, issue of the Texas Register (19 TexReg 9334). The new sections replace an existing section that has been proposed for repeal in order to be renumbered. The amendments define cheating and make cheating on an examination grounds for denial of a license, add a requirement to the code of ethics, change requirements to receive a waiver of examination, give the commissioner authority to recognize courses or programs that are currently recognized by a department or agency of the State of Texas, require each educational program, course offering or seminar to be reviewed bi-annually, require each educational program, course offering, or seminar to be reviewed bi- annually, require private providers to provide the department with a participant roster, change the initial terms established for the Property Tax Consultants Advisory Council, and require private providers to provide participant lists which include actual hours attended to the department. The sections assure the quality of educational materials and better protect the consumer. One comment was received in favor of the proposal. The new sections and amendments are adopted under Texas Civil Statutes, Article 8886, which provide the Texas Department of Licensing and Regulation with the authority to promulgate and enforce a code of rules and take all action necessary to assure compliance with the intent and purposes of the Act. 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 January 31, 1995. TRD-9501258 Jack W. Garison Executive Director Texas Department of Licensing and Regulation Effective date: February 21, 1995 Proposal publication date: November 25, 1994 For further information, please call: (512) 463-7357 16 TAC sec.66.63 The Texas Department of Licensing and Regulation adopts the repeal of sec.66.63, concerning property tax consultants, without changes to the proposed text as published in the November 25, 1994, issue of the Texas Register (19 TexReg 9335). The section is being repealed to allow for the adoption of a new section and renumbering the existing sec.66.63. No comments were received regarding adoption of the repeal. The repeal is adopted under Texas Civil Statutes, Article 8886, which provide the Texas Department of Licensing and Regulation with the authority to promulgate and enforce a code of rules and take all action necessary to assure compliance with the intent and purposes of the Act. 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 January 31, 1995. TRD-9501257 Jack W. Garison Executive Director Texas Department of Licensing and Regulation Effective date: February 21, 1995 Proposal publication date: November 25, 1994 For further information, please call: (512) 463-7357 TITLE 22. EXAMINING BOARDS Part X. Texas Funeral Service Commission Chapter 201. Licensing and Enforcement-Practice and Procedure 22 TAC sec.201.18 The Texas Funeral Service Commission (the Commission) adopts new rule, sec.201.18, to establish charges which the commission will make for providing copies of public records. Section sec.201.18 is adopted without changes to the proposed text, as published in the September 30, 1994, issue of the Texas Register (19 TexReg 7750). The new rule applies to requests for copies of public records and establishes the charge which is to be made for providing such. No comments were received regarding adoption of the new rule. The new rule is adopted under Texas Civil Statutes, Article 4582b, sec.5, which provide the Texas Funeral Service Commission with the authority to adopt rules to administer Article 4582b. 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 January 20, 1995. TRD-9501113 Gloria Terrazas Office Manager Texas Funeral Service Commission Effective date: February 17, 1995 Proposal publication date: September 30, 1994 For further information, please call: (512) 834-9992 Chapter 203. Licensing and Enforcement-Specific Substantive Rules 22 TAC sec.203.28 The Texas Funeral Service Commission (the Commission) adopts new sec.203. 28, to specify the obligation of a licensed funeral establishment in having its premises inspected annually by or on behalf of the commission, and to establish a fee for making, or attempting to make, an inspection where the premises of the establishment were not available when prior efforts to make an inspection were made. Section 203.28 is adopted without changes to the proposed text, as published in the September 30, 1994, issue of the Texas Register (19 TexReg 7751). The new rule applies to the renewal of all funeral establishments licenses and establishes a fee for making, or attempting to make, an inspection where the premises of the establishment were not available when prior efforts to make an inspection were made by a commission representative. No comments were received regarding adoption of the new rule. The new rule is adopted under Texas Civil Statutes, Article 4582b, sec.5, which provide the Texas Funeral Service Commission with authority to adopt rules to administer Article 4582b. 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 January 20, 1995. TRD-9501114 Gloria Terrazas Office Manager Texas Funeral Services Commission Effective date: February 17, 1995 Proposal publication date: September 30, 1994 For further information, please call: (512) 834-9992 Part XX. Texas Board of Private Investigators and Private Security Agencies Chapter 423. Rules of Procedure and Seal Code of Professional Responsibility and Conduct Hearings, Grievances, and Appeal Procedures 22 TAC sec.423.12 The Texas Board of Private Investigators and Private Security Agencies adopts an amendment to sec.423.12, concerning Definitions, without changes to the proposed text as published in the December 20, 1994, issue of the Texas Register (19 TexReg 10071). The Board has determined that the amendment of this section is necessary in order to comply with House Bill 1808 of the 73rd Legislature which requires specialized training for burglar alarm installers and salespersons. This amendment deletes the definition of a "security support person". No comments were received regarding adoption of the amendment. This rule is promulgated under the authority of Texas Civil Statutes, Article 4413(29bb), sec.11(a)(3). The following is the statute that is affected by this rule: Texas Civil Statutes, Article 4413(29bb). 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 January 30, 1995. TRD-9501210 Clema D. Sanders Executive Director Texas Board of Private Investigators and Private Security Agencies Effective date: February 20, 1995 Proposal publication date: December 20, 1994 For further information, please call: (512) 463-5545 Chapter 429. Application and Examination 22 TAC sec.429.5 The Texas Board of Private Investigators and Private Security Agencies adopts an amendment to sec.429.5, concerning Fingerprint Cards, without changes to the proposed text as published in the December 20, 1994, issue of the Texas Register (19 TexReg 10071). The Board has determined that the amendment of this section is necessary in order to meet the requirements of the Department of Public Safety's AFIS system. This computerized system classifies fingerprints and cannot tolerate the slightest variance in the cards' weight or spacing. This amendment eliminates the provision allowing for the use of facsimiles of fingerprint cards obtained from the Texas Board of Private Investigators & Private Security Agencies. No comments were received regarding adoption of the amendment. This rule is promulgated under the authority of Texas Civil Statutes, Article 4413(29bb), sec.11(a)(3). The following is the statute that is affected by this rule: Texas Civil Statutes, Article 4413(29bb). 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 January 30, 1995. TRD-9501208 Clema D. Sanders Executive Director Texas Board of Private Investigators and Private Security Agencies Effective date: February 20, 1995 Proposal publication date: December 20, 1994 For further information, please call: (512) 463-5545 Chapter 436. Alarm Installer and Alarm Systems Saleperson Training and Testing 22 TAC sec.sec.436.1-436.6 The Texas Board of Private Investigators and Private Security Agencies taking action adopts amendments to sec.sec.436.1-436.6 concerning Alarm Installer and Alarm Systems Salesperson Training and Testing, without changes to the proposed text as published in the December 20, 1994, issue of the Texas Register (19 TexReg 10072). The Board has determined that the amendments are necessary in order to comply with House Bill 1808 of the 73rd Texas Legislature. The amendments clarify the language for purposes of enforcement. No comments were received regarding adoption of the amendments. The amendments are adopted under Texas Civil Statutes, Article 4413(29bb), sec.11(a)(3), which provide the Texas Board of Private Investigators and Private Security Agencies with the authority to promulgate all rules and regulations necessary in carrying out the previsions 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 legal authority. Issued in Austin, Texas, on January 30, 1995. TRD-9501207 Clema D. Sanders Executive Director Texas Board of Private Investigators and Private Security Agencies Effective date: February 20, 1995 Proposal publication date: December 20, 1994 For further information, please call: (512) 463-5545 Chapter 451. Registration of Employees or Private Investigators 22 TAC sec.451.9 The Texas Board of Private Investigators and Private Security Agencies adopts an amendment to sec.451.9, concerning Registration in Other Categories, without changes to the proposed text as published in the December 23, 1994, issue of the Texas Register (19 TexReg 10170). The Board has determined that the amendment of this section is necessary in order to comply with House Bill 1808 of the 73rd Texas Legislature. This amendment eliminates provisions which allowed registrants with the Texas Board of Private Investigators and Private Security Agencies to perform functions for which they are not specifically trained. No comments were received regarding adoption of the amendment. This rule is promulgated under the authority of Texas Civil Statutes, Article 4413(29bb), sec.11(a)(3). The following is the statute that is affected by this rule: Texas Civil Statutes, Article 4413(29bb). 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 January 30, 1995. TRD-9501209 Clema D. Sanders Executive Director Texas Board of Private Investigators and Private Security Agencies Effective date: February 20, 1995 Proposal publication date: December 23, 1994 For further information, please call: (512) 463-5545 Part XXV. Structural Pest Control Board Chapter 593. Licensing 22 TAC sec.593.23 The Texas Structural Pest Control Board adopts an amendment to sec.593.23 with changes to the proposed text as published in the August 2, 1994, issue of the Texas Register (19 TexReg 5925) . The justification is the rule creates greater efficiency in approval of continuing education courses. The rule deletes the continuing education committee and replaces it with staff. It also shortens the time frame for submission to 30 days prior to presentation and approves speakers and courses for up to three years. The Texas Pest Control Association is in favor of the amendment. Texas PTA would like a course stressing use of protective equipment and yearly baseline medical testing. Professional Lawn Care Association of America supports the proposed changes. The amendment is adopted under Texas Civil Statutes, Article 135b-6, which gives the Texas Structural Pest Control Board the authority to license and regulate persons who provide structural pest control services. sec.593.23. Continuing Education Requirements for Certified Applicators. (a) On or after January 1, 1991, the Board shall require as condition to the renewal of each certified applicator license granted pursuant to the provisions of this section, that the holder thereof certify to the Board that he or she has completed courses of continuing education approved by the Board that cover the applicator's category(ies) of certification. (b) Each certified applicator is required to gain a certain number of continuing education points during a three-year recertification period, beginning January 1, 1990, and for each three year period thereafter. Applicators who are certified and licensed after January 1, 1990, will be permitted to obtain a prorated number of points for each year remaining in the existing three-year recertification period. Upon written request, the Board or the Executive Director may grant a hardship to a certified applicator due to extenuating circumstances. The length of the hardship is at the discretion of the Board or the Executive Director. (c) No more that one-half of the total continuing education points required for the three year period may be acquired for credit in any one year, and no courses may be repeated for credit during the same recertification period. (d) The number of continuing education points required for each three years is six points in general training and three points in each category in which the applicator is certified. Applicators who become certified in additional categories during their three year recertification period will be permitted to obtain a pro-rated number of points in those categories for each year remaining in the period. (e) The staff shall evaluate continuing education programs, and assign the number of category points for each one. No more than one point will be assigned for any hour of net actual instruction time. The staff will consider, inter alia, the technical information given, the qualifications of the instructor, and the amount of actual training time devoted to each program in the process of evaluation. The staff will report its recommendation regarding the number of category points, if any, to be assigned to each program to the Executive Director of the Structural Pest Control Board. The Executive Director will then decide whether to accept, reject, or modify the staff recommendation. The Executive Director's decision shall be part of his regular report to the Board. (f) Any person seeking approval of a training program must submit the information required at least 30 days prior to the first day presentation. The Executive Director may waive this requirement due to special circumstances. The staff must evaluate and recommend credits within 30 days from the date submitted. Each submission shall include: (1) learning objectives; (2) the course outline; (3) the names and qualifications of the instructors; (4) the categories and number of points which are requested; (5) the means of verifying attendance; (6) an agreement to maintain attendance records for three years and to submit a list of participants to the Board within 14 days after completion of the course; (7) a facsimile of the certificate of completion that will be given to attendees; and (8) additional information requested to assist in the evaluation. (g) Parts of courses which focus on promotion of products, policies, or procedures of a company cannot be included for points. Programs and instructors must be evaluated at least every three years or more frequently at the Board's discretion. Any changes to programs shall be submitted to the Board 30 days prior to the date of presentation. These changes shall include the most recent information available concerning Integrated Pest Management in the subject area. (h) Each certified applicator shall keep a certificate of completion for each course he or she attends for a period of three years, and submit such records to the Board on request. (i) Upon written request to the Executive Director from any two members of the Board, the staff shall re-evaluate its approval of a course under the provisions of subsection (f) of this section. The date submitted shall be considered to be the date the second written request is received. (j) The general category is defined to include the topics included in the Structural Pest Control Act, sec.4A(e). Effective January 1, 1993, of the six general category points required for re-certification, at least one must be in federal and state laws, one must be in pesticide safety or environmental protection and one must be in integrated pest management. Credit for these topics must be assigned by the Staff under the provisions of subsection (e) of this section. (k) The Structural Pest Control Board may enter into a memorandum of agreement with a state or nonprofit professional society or association to recognize the state's pesticide applicator re-certification of the society's professional recertification for satisfaction of the requirements of this section for commercial and noncommercial applicator recertification only if: (1) the standards for recertification meet or exceed the standards for the three-year recertification period as set out in this section; (2) the licensed commercial or noncommercial applicator also acquires at least one point in the general (IPM) category and at least one point in the general (laws and regulations) category during each recertification period; and (3) the agreement reduces duplication of effort and does not increase the record keeping burden of the Board. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on January 31, 1995. TRD-9501290 Benny M. Mathis, Jr. Executive Director Structural Pest Control Board Effective date: February 22, 1995 Proposal publication date: August 2, 1994 For further information, please call: (512) 835-4066 Chapter 595. Compliance and Enforcement 22 TAC sec.595.14 The Texas Structural Pest Control Board adopts new sec.595.14 with changes to the proposed text as published in the August 2, 1994, issue of the Texas Register (19 TexReg 5927). The justification is the rule creates greater customer satisfaction with the ability to chose businesses which will minimize exposure to pesticides. The rule creates Reduced Impact Pest Control service designation for companies providing a service that minimizes pesticide exposure. The Texas Pest Control Association supports the creation of this designation with the amendments adopted to facilitate easier training. Texas PTA spoke in favor of the new rule. The Professional Lawn Care Association commented that language was unclear about training and guidelines would be better than training course. The Texas Structural Pest Control Board disagrees with the Professional Lawn Care Association that there is no need for training. This training will provide a common baseline for all companies who wish to provide this type of service. The new rule is adopted under Texas Civil Statutes, Article 135b-6, which gives the Texas Structural Pest Control Board with the authority to license and regulate persons who provide structural pest control services. sec.595.14. Reduced Impact Pest Control Service. (a) A business may qualify to use the Reduced Impact Pest Control Services designation by having all certified applicators who will be supervising the service attend a continuing education course approved for Reduced Impact Service. All licensed employees will have verifiable training from a certified applicator who has attended the course and is approved to provide such training. (b) The goal of Reduced-Impact Pest Control Services is to effectively control pests and to provide customer satisfaction while seeking to minimize individual's exposure to chemical pesticides through the application of Integrated Pest Management principles. (c) A business using the Reduced Impact Pest Control Service designation shall meet the following requirements: (1) The Board-approved Consumer Information Sheet for Reduced Impact Service must be used for all Reduced Impact Service. It must be provided at the time of inspection. (2) An inspection shall be performed prior to any pest control treatment. The inspection report must include: (A) A description of all areas inspected. (B) A description of conditions conducive to infestation and/or evidence of active infestation with recommendations for nonchemical solutions to those problems. (C) A description of any treatment performed and the reason for the treatment recommendations and reasons for chemical application must be consistent with the goal of Reduced Impact Pest Control Services. Customer request is an appropriate reason, provided the inspection report informs the customer of practical and feasible alternatives which would result in less exposure to chemical pesticides. For each application recommended, specify whether a target pest is actually present or the application is a preventative one. (3) The customer must provide, in writing in the contract, authorization for treatment and the names of any specific pesticides which are not to be used or if no pesticides are to be used in providing service. This must be done prior to the initiation of service. This information shall be kept in the pest control use records. (4) A copy of the written inspection report must be provided at the time of each service and a copy must be kept in the pest control use records. (d) The Official Consumer Information Sheet for Reduced-Impact Service shall read as follows: CONSUMER INFORMATION SHEET REDUCED IMPACT SERVICE (LIS) (REQUIRED BY THE TEXAS STRUCTURAL PEST CONTROL BOARD) Your pest control operator is designated as a Reduced Impact Pest Control Operator by the Texas Structural Pest Control Board and has completed training required to qualify for this designation. The goal of Reduced Impact Service is to manage your pest problems while reducing pesticide exposure to people, property and the environment. This service encourages you to use Integrated Pest Management (IPM) methods to control pests and take advantage of all pest management options, including but not limited to the judicious use of pesticides and non-chemical methods. To minimize the reliance on pesticides and reduce pest populations, your Reduced Impact Pest Control operator may recommend that you consider the sanitation or physical alteration of your work place or residence. It is your responsibility to follow those recommendations. Your pest control operator may or may not offer these services upon request. A proper inspection will provide the information necessary for you to choose the method of pest control which best suits your situation. This Reduced Impact Service will include an inspection report and treatment recommendations. You should review these and keep a copy for your records. Your cooperation in following the recommendations made by your service provider is essential to a reduced impact service program. Pesticides may be used in a responsible and professional manner in a reduced impact pest control service. If you do not want a specific pesticide used or any pesticides used at all, you must note this in writing on the contract prior to the initiation of the service. If any specific pesticide or class of pesticides is not excluded, it may be used by your provider. THE FOLLOWING INFORMATION APPLIES TO YOU- WHETHER OR NOT YOU SELECT REDUCED IMPACT SERVICE: Pesticides must be registered with the United States Environmental Protection Agency and the Texas Department of Agriculture before they may be used in Texas. EPA registration is not a finding of product safety. Pesticides are designed to control or repel pests. Your risk of harm depends upon the degree of your exposure and your sensitivity to a particular pesticide. If you have specific health-related questions, contact a physician or health care professional. Specific health and safety information varies between pesticides and types of exposures and is available on the label information or MSDS sheet which can be supplied to you upon request from the licensed applicator. Take normal precautions when a treatment has been performed. Pesticides may be harmful if swallowed, inhaled, or absorbed through the skin. Avoid breathing dust or spray mist and any unnecessary contact with treated surfaces. If you desire specific information on precautions, refer to the pesticide label. The law requires that the application procedures specified on the label be followed. The structural pest control industry is regulated by the Texas Structural Pest Control Board located at 9101 FM 1325, Suite 201, Austin, Texas 78758. The Board licenses the businesses, certified applicators and technicians who perform structural pest control work. If a pest control service is used, all work is supervised by a licensed certified commercial applicator. Otherwise, a certified noncommercial applicator must perform the service. Certified applicators and technicians must pass a written examination in order to receive their licenses. If you have questions about the application, contact the certified applicator. If you suspect a violation of the law regarding structural pest control, contact the Structural Pest Control Board. At the work place, as well as in nursing homes, city, county and state buildings, apartment buildings, hospitals, nursing homes, hotels, motels, lodges, warehouses, food- processing establishments, schools and other educational institutions, and day- care centers, pest control signs must be posted prior to indoor treatment. The signs should be posted in an area of common access at least 48 hours prior to treatment. The information on the sign will provide you with the name of someone you may contact who can tell you what pesticide is being used. If you contract in your home for pest control services and the cost of the service is more than $25, you have the right to cancel the transaction anytime prior to midnight of the third business day after the date of your agreement. You may exercise this right by notifying the pest control company that you do not wish to receive the service. For general information on the chemical or health properties of pesticides, you may contact the National Pesticide Telecommunications Network at 1 (800) 858-7378. This hotline is a national service supported by funding from the U.S. Environmental Protection Agency. For information concerning structural pest control laws, contact the Structural Pest Control Board at (512) 835-4066. For information concerning the formulation and registration of pesticides, contact the Texas Department of Agriculture at (512) 463-7476. For non-emergency health information relating to pesticides, contact the Texas Department of Health at (512) 458-7111. In case of a health emergency, seek immediate medical attention. (e) Notwithstanding sec.595.13, the following words may be used in an advertisement for services by a business authorized to provide Reduced Impact Service: Reduced Impact Service; Reduced Impact Methods; Reduced Impact Techniques; Reduced Risk Methods; Reduced Hazards; Reduced Exposure; Reduced Impact Specialist; Environmentally Sensitive Services; Environmentally Sensitive Programs; Environmentally Friendly; Environmentally Sound; Environmentally Aware; Environmentally Responsible or any other words descriptive of the service which are not specifically listed as prohibited in sec.595.13 and which can be substituted by the business's adherence to the goals of Reduced Impact Service. (f) A business licensee and employees of a business licensee who are found to be in violation of any provision of this section may, in addition to all other applicable sanctions, lose the Reduced Impact authorization held by the business licensee. 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 January 31, 1995. TRD-9501291 Benny M. Mathis, Jr. Executive Director Structural Pest Control Board Effective date: September 1, 1995 Proposal publication date: August 2, 1994 For further information, please call: (512) 835-4066 Chapter 599. Treatment Standards 22 TAC sec.599.3 The Texas Structural Pest Control Board adopts an amendment to sec.599.3 with changes to the proposed text as published in the August 2, 1994, issue of the Texas Register (19 TexReg 5930). The justification is the rule creates reduced fraud and greater satisfaction with termite pre-treatments. The rule creates a requirement for posting of a treatment sticker upon completion of a termite pre-treatment. The Texas Pest Control Association is in favor of the amendment. No comments were received against the amendment. The amendment is adopted under Texas Civil Statutes, Article 135b-6, which gives the Texas Structural Pest Control Board with the authority to license and regulate persons who provide structural pest control services. sec.599.3. Subterranean Termite Pre-Construction Treatments. (a) All pesticide applications must be made by using the application rate and methods and by following the precautionary statements on the labeling of the pesticide being used. Treatments using less than label recommended concentrations at higher volume applications are prohibited for pre-construction treatments. (b) The entire structure shall be treated to provide a continuous horizontal and vertical barrier as described on the pesticide label including the posting of a treatment sticker and the final treatment to be performed within 30 days of notification of completion of landscaping or one year from the date of completion of construction, whichever comes first. Except, when construction has proceeded to the point that all areas cannot be treated before the company providing the treatment is called to perform the job, a partial treatment will be permitted if the owner of the structure or the person in charge of the construction and the certified applicator for the pest control company sign a statement attesting to the conditions, and attach it to the contract with an amended graph showing the exact areas treated. (c) In order to comply with subsection (b) of this section, it will be necessary to return to the pretreatment site after the slab has been poured and/or piers and support beams have been placed to complete the treatment for the vertical barrier. 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 January 31, 1995. TRD-9501292 Benny M. Mathis, Jr. Executive Director Structural Pest Control Board Effective date: February 22, 1995 Proposal publication date: August 2, 1994 For further information, please call: (512) 835-4066 TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part III. Texas Youth Commission Chapter 85. Admission and Placement Placement Planning 37 TAC sec.85.23 The Texas Youth Commission (TYC) adopts an amendment to sec.85.23, concerning classification, without changes to the proposed text as published in the December 27, 1994, issue of the Texas Register (19 TexReg 10336). The justification for amending the section is to assist in controlling continued assaults on employees and volunteers. The amendment will allow reclassification of delinquent youth committed to TYC to violent offender status when they assault TYC employees, TYC contract program employees, or volunteers with TYC programs. No comments were received regarding adoption of the amendment. The amendment is adopted under the Human Resources Code, sec.61.075, which provides the Texas Youth Commission with the authority to order the child's' confinement under conditions it believes best designed for the childss welfare and the interests of the public. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on January 27, 1995. TRD-9501213 Steve Robinson Executive Director Texas Youth Commission Effective date: February 20, 1995 Proposal publication date: December 27, 1994 For further information, please call: (512) 483-5244