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 13. CULTURAL RESOURCES 
 Part I. Texas State Library and Archives Commission 
  Chapter 1. Library Development 
  
  Minimum Standards for Accreditation of [Public] Libraries in the State Library 
System 
 
  13 TAC sec.sec.1.75, 1.81, 1.86, 
 
  The Texas State Library and Archives Commission proposes new rule sec.1.86, 
and amendments to sec.1.75 and sec.1.81, concerning the standards for 
accreditation of non-public libraries in the state library system. With the 
passage of House Bill 1589 (Acts 73rd Legislature-Regular Session sec.155) in 
the last legislative session, membership in the Texas Library System can now be 
offered to non-public libraries (those libraries operated by public school 
districts, institutions of higher education, or units of state or local 
government). These rules and amendments specify the criteria for the 
accreditation of these libraries as members of the state library system. 
 Edward Seidenberg, director, Library Development Division, has determined that 
for each of the first five years the sections are in effect there will no fiscal 
implications for state and local government as a result of enforcing or 
administering the sections. 
 Mr. Seidenberg also has determined that for each year of the first five years 
the sections are in effect the public benefits anticipated as a result of these 
rules will be that these types of libraries will have an opportunity to join the 
Texas Library System, if the contracting organizations agree to accept non-
public libraries as members. This will enhance the sharing of library materials 
and will improve services to residents of the region. All proposed amendments 
and additions have been reviewed by the Library Systems Act Advisory Board. 
There will be no effect on small businesses. There is no anticipated economic 
cost to persons required to comply with the sections as proposed. 
 Comments on the proposal may be submitted to Edward Seidenberg, Director, 
Library Development Division, Texas State Library, P.O. Box 12927, Austin, Texas 
78711-2927, within 30 days of publication in the Texas Register. 
 The new section and the amendments are proposed under the Government Code, 
sec.441.136, that provides the Texas State Library and Archives Commission with 
the authority to adopt rules for the administration of the Texas Library System. 
 The Government Code, sec.441.121 to sec.441.138, are affected by the proposed 
new rule and amendments. 
 
 
  sec.1.75. [Public Library:] Nondiscrimination. A [public] library shall have 
on file at the state library a statement certifying that no person shall be 
excluded from participation in or denied the benefits of the services of that 
library on the grounds of race, color, or national origin. 
 
   
  sec.1.81. Quantitative Standards for Accreditation of Library.  Minimum 
requirements for [major resource system] membership <nl>of public libraries in 
the Texas Library System<ol>: 
 
  (1)-(6) (No change.) 
 
     
  sec.1.86. Standards for Accreditation of Libraries Operated by Public School 
Districts, Institutions of Higher Education, or Units of State or Local 
Government. These standards for accreditation apply only to non-public libraries 
that are operated by a public school district, institution of higher education, 
or unit of state or local government. The standards for accreditation of public 
libraries are specified in sec.1.81 of this title (relating to Quantitative 
Standards for Accreditation of Library). 
 
  (1) Governing bodies of these libraries shall agree to make library resources 
accessible to all residents of the system without user fees. Systems that 
propose to admit these libraries as members shall submit, as part of their 
annual program of service, a plan and budget for the sharing of library 
materials that shall include, at minimum, an active program of interlibrary 
lending by all member libraries. 
   
  (2) These non-public libraries may participate in system projects that are 
cooperative in nature, such as resource sharing projects, projects to establish 
union catalogs, and continuing education programs. These libraries shall not 
participate in projects designed for the exclusive benefit of an individual 
library, such as collection development allocations and equipment purchases. 
   
  (3) Any library eligible for membership in the Texas Library System under this 
subsection will be accredited by the following standards: 
 
  (A) For libraries operated by a public school district: 
 
  (i) the district must submit written verification from the Texas Education 
Agency that it meets the standards specified in 19 TAC 63.11 "Requirements for 
School Library Media Programs"; 
   
  (ii) the district must submit written verification that it is academically 
accredited by the Texas Education Agency. Districts classified as academically 
unaccredited are ineligible for membership in the Texas Library System; 
   
  (iii) the district must submit an annual report regarding the operation of its 
library, in accordance with the timetable and conditions specified in  s1.85 of 
this title (relating to Annual Report). 
   
  (iv) The unit of membership in the Texas Library System shall be the school 
district. 
     
  (B) For libraries operated by an institution of higher education: 
 
  (i) the institution must submit written verification that it is accredited by 
an accrediting agency recognized by the Texas Higher Education Coordinating 
Board; 
   
  (ii) the institution must submit an annual report regarding the operation of 
its library, in accordance with the timetable and conditions specified in  s1.85 
of this title (relating to Annual Report). 
   
  (iii) The unit of membership in the Texas Library System shall be the campus 
library. Community college districts shall apply as a single unit; other 
institutions with campus libraries in multiple locations in one county shall 
apply as a single unit. Libraries affiliated with professional schools that 
demonstrate they are administered and budgeted independently of the campus 
library may apply for separate membership. 
     
  (C) For special libraries operated by a unit of state or local government 
(refers to libraries that are not public libraries, or not operated by a public 
school district or institution of higher education), the library must: 
 
  (i) be operated by a recognized governmental unit, such as a state agency, 
county, municipality, or special district; 
   
  (ii) have expenditures of at least $5,000 per year; 
   
  (iii) have at least 7,500 items of library materials; 
   
  (iv) have a facility or portion of a facility that is used for the library 
program and is open at least 20 hours per week; 
   
  (v) have a staff member serving as a head librarian who is employed in library 
duties at least 20 hours per week; 
   
  (vi) submit an annual report regarding the operation of the library, in 
accordance with the timetable and conditions specified in  s1.85 of this title 
(relating to Annual Report). 
 
  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 February 1, 1995. 
 TRD-9501334 
  Raymond Hitt 
 Assistant State Librarian 
 Texas State Library and Archives Commission 
    Earliest possible date of adoption: March 13, 1995 
 For further information, please call: (512) 463-5460 
         
                 
  System Advisory Council 
 
  13 TAC sec.1.112 
 
  The Texas State Library and Archives Commission proposes an amendment to 
sec.1.112, concerning the election of advisory councils and the appointment of 
lay representatives for libraries in the state library system. With the passage 
of House Bill 1589 (Acts 73rd Legislature-Regular Session sec.155) in the last 
legislative session, membership in the Texas Library System can now be offered 
to non-public libraries (those libraries operated by public school districts, 
institutions of higher education, or units of state or local government). This 
amendment specifies the procedures and requirements for appointment of lay 
representatives by members of the state library system. 
 Edward Seidenberg, director, Library Development Division, 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. Seidenberg 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 that these types of libraries will have an opportunity to 
join the Texas Library System, if the contracting organizations agree to accept 
non-public libraries as members. This will enhance the sharing of library 
materials and will improve services to residents of the region. All proposed 
amendments and additions have been reviewed by the Library Systems Act Advisory 
Board. There will be no effect on small businesses. There is no anticipated 
economic cost to persons required to comply with the section as proposed. 
 Comments on the proposal may be submitted to Edward Seidenberg, Director, 
Library Development Division, Texas State Library, P.O. Box 12927, Austin, Texas 
78711-2927, within 30 days of publication in the Texas Register. 
 The amendment is proposed under the Government Code, sec.441.136, that provides 
the Texas State Library and Archives Commission with the authority to adopt 
rules for the administration of the Texas Library System. 
 The Government Code, sec.sec.441.121-441.138, are affected by the proposed 
amendment. 
 
 
  sec.1.112. Advisory Council Election. The governing body of each <nl>system 
<ol> member [library of the system] shall biennially elect or appoint a lay 
representative for the purpose of electing council members. A lay representative 
may be any person not employed as a staff member [by] <nl>in<ol> the [public] 
library he or she is to represent. Each governing body may also elect or appoint 
an alternate lay representative who may perform the duties of the representative 
in his or her absence. An alternate lay representative may not be elected to the 
advisory council. The major resource center shall always have one member on the 
council. Thereafter, the representatives in an annual meeting shall elect 
members of their group to fill council vacancies arising due to expiration of 
terms of office. The term of office for representatives and alternates shall be 
the state fiscal year. 
 
  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 February 3, 1995. 
 TRD-9501439 
  Raymond Hitt 
 Assistant State Librarian 
 Texas State Library and Archives Commission 
    Earliest possible date of adoption: March 13, 1995 
 For further information, please call: (512) 463-5450 
          27> 
               Part IV. Texas Antiquities Committee 
  Chapter 41. Practice and Procedure 
  
  13 TAC sec.41.5, sec.41.11 
 
  The Texas Antiquities Committee (Committee) proposes amendments to sec.41. 5 
and sec.41.11, concerning Definitions, and Location and Discovery of Cultural 
Resources and Landmarks. These changes are needed to clarify and streamline 
rules related to the location and discovery of archeological sites and to limit 
potential adverse impacts to significant archeological sites on public lands in 
Texas. The changes to sec.41.5, concerning Definitions, include an 
amendment/clarification of what minimum age criterion cemeteries or human 
burials need to meet to be classified as historic under the Antiquities Code. 
Additionally, a definition for the term designated historic district was added 
to this section of the rules. The changes to sec.41.11, concerning Location and 
Discovery of Cultural Resources and Landmarks, include amendments which clarify 
and limit the type and scale of development projects which would be reviewed 
under the jurisdiction of the Antiquities Code, prior to construction. A list of 
project categorical exclusions as proposed will limit the total number of 
projects that need to be reviewed and save time/costs for all parties involved 
in the location and protection of significant cultural resources in Texas 
 Dr. James E. Bruseth, deputy state historic preservation officer, has 
determined that for the first five-year period the rules are effect there may be 
some minor fiscal implications for state or local government as a result of 
enforcing or administering the rules. Those implication may occur as a result of 
less money or time being spent by state or local governments in managing the 
protection of cultural resources, due to the proposed potential decrease in the 
number of development projects being reported to the Department of Antiquities 
Protection for review. 
 Dr. Bruseth also has determined that for each year of the first five-year 
period the rules are in effect, the public benefit anticipated as a result of 
administering the rule will be more efficient regulations related to the 
protection of significant cultural resources. There will be no effect on small 
businesses. There are no anticipated new economic costs to persons who are 
required to comply with the rules as proposed. 
 Comments on the proposal may be submitted to Dr. James E. Bruseth, Deputy State 
Historic Preservation Officer, Texas Historical Commission, Department of 
Antiquities Protection, P.O. Box 12276, Austin, Texas 78711. Comments will be 
accepted for 60 days after publication in the Texas Register. 
 The amendments are proposed under the Natural Resources Code, Title 9, Chapter 
191 (revised by Senate Bill 231, 68th Legislature, 1983, and by House Bill 2056, 
70th Legislature, 1987), sec.191.02, which provides the Texas Antiquities 
Committee with authority to promulgate rules and require contract or permit 
conditions to reasonably effect the purposes of Chapter 191. 
 Title 9, Natural Resource Code is affected by these proposed amendments. 
 
 
  sec.41.5. Definitions.  The following words and terms, when used in this 
chapter and the Antiquities Code of Texas, shall have the following meanings, 
unless the context clearly states otherwise. <nl>Designated historic district 
areas of archeological or historical significance indicated by listing on the 
National Register of Historic Places, designated as State Archeological 
Landmarks, or identified by State agencies, counties, and municipalities as 
historically sensitive areas. State agency, county, and municipality 
historically sensitive areas include designations by local landmarks commissions 
and by local preservation ordinances. 
   
   Archeological Site -Any place containing evidence of human activity, 
including but not limited to the following: 
 
  (A) (No change.) 
   
  (B) Non-habitation sites. Non habitation sites result from use during 
specialized activities and may include standing structures. Descriptions of each 
kind of site are given. 
 
  (i)-(iv) (No change.) 
   
  (v) Cemeteries and burials, marked and unmarked, are special locales set aside 
for burial purposes. Cemeteries contain the remains of more than one person 
placed in a regular or patterned order. Burials, in contrast, may contain the 
remains of one or more individuals located in a common grave in a locale not 
formerly or subsequently used as a cemetery. The site area encompasses the human 
remains present and also gravestones, markers, containers, coverings, garments, 
vessels, tools, and other goods which may be present. <nl>Cemeteries and burials 
that are publicly-owned and are of prehistoric origin (i.e., dating prior to 
A.D. 1500), or classified as historic, are protected under the Antiquities Code. 
Cemeteries are considered historic if there are interments within the cemetery 
that are at least one hundred years ago. Individual burials within a cemetery 
are not considered historic unless the interments were buried at least 50 years 
ago. 
   
  (vi)-(x) (No change.) 
 
       
  sec.41.11. Location and Discovery of <nl>Archeological <ol> [Cultural] 
Resources and Landmarks. The Texas Natural Resource Code of 1977, Title 9, 
Heritage, Chapter 191, Antiquities Code of Texas, sec.191.002 (relating to 
Declaration of Public Policy), declares that it is the public policy and in the 
interest of the State of Texas to locate archeological sites and other cultural 
resources, in, on, or under any land within the jurisdiction of the State of 
Texas. The Antiquities Code, sec.191.051 (relating to Powers and Duties In 
General) directs the committee to provide for the discovery and/or scientific 
investigation of publicly owned cultural resources. The Antiquities Code of 
Texas, sec.191.174 (relating to Assistance from State Agencies, Political 
Subdivisions, and Law Enforcement Officers), further directs the committee, 
state agencies, political subdivisions of the state, and law enforcement 
agencies to work together to locate and protect cultural resources when deemed 
prudent, necessary, and/or in the best interest of the State. To achieve these 
mandates, the committee reviews construction plans for projects on public lands 
<nl>prior to development <ol>to determine the project's potential impact to 
cultural resources and invokes its power to issue and supervise survey level 
antiquities permit investigations in accordance with the Antiquities Code, 
sec.191.054 (relating to Permit for Survey and Discovery, Excavation, 
Restoration, Demolition, or Study and Supervision). These mandates and the 
review of construction plans may be accomplished in the following manner. 
 
  (1) Project notification. Public agencies should notify the committee [at 
least 60 days] in advance of proposed public development projects that could 
take, alter, damage, destroy, salvage, or excavate [publicly owned cultural 
resources and/or landmarks.] <nl>archeological sites or other cultural resources 
and/or landmarks on non-federal public land in Texas.<ol> The notification 
should contain a brief written scope of work and a copy of the appropriate to 
graphical quadrangle map with the project boundaries clearly marked. 
<nl>Specific notification requirements for certain types of activities are also 
described as follows for counties and municipalities. State agency and other 
political subdivision compliance can be tailored to specific agency programs 
through Memoranda of Understanding or Agreement, as outlined in sec.41.15 of 
this title (relating to Memoranda of Understanding and Agreement). Many 
development activities have little, if any, impact upon cultural resources, and 
therefore are not subject to prior review by the committee. These projects are 
listed in subparagraphs (A) and (B) of this paragraph under paragraph (2) of 
this section. 
   
  (2)  Categorical exclusions. 
 
  (A) Project review for counties and municipalities. Except for activities 
inside designated historic districts as defined in sec.41.5 of this title 
(relating to Definitions), only development projects that impact an area larger 
than 5 acres, or disturb more than 5,000 cubic yards, whichever measure is 
triggered first, require advance review by the committee. 
   
  (B) Development activities within designated historic districts. Development 
activities on county or municipal property that are within designated historic 
districts, as defined in sec.41.5 of this title (relating to Definitions), or 
on, or within recorded archeological sites, that disturb more than 5 cubic yard 
of soil, despite areal extent, require advance notice to the committee. No 
disturbance of known historic burials, as defined in sec.41.5 of this title 
(relating to Definitions), on public land is allowed without prior notice to the 
committee. If historic burials are discovered during development activities, all 
activities affecting the burials must stop and the committee must be contacted 
immediately. 
     
  <nl>(2) Categorical exclusions. Many activities conducted on non-federal 
public land have little, if any, chance to damage archeological sites, and 
therefore do not require prior notification of the committee. These activities 
are listed in subparagraphs (A)-(L) of this paragraph: 
 
  <nl>(A) water injection into existing oil and gas wells; 
   
  <nl>(B) replacement of pipelines in highly disturbed right-of-ways or old 
pipeline trenches; 
   
  <nl>(C) upgrading of electrical transmission lines where there will be no new 
disturbance of the existing easement; 
   
  <nl>(D) seismic exploration activity where there is no ground preparation or 
disturbance; 
   
  <nl>(E) building and repairing fences that do not require construction or 
modification of associated roads, fire breaks, or previously disturbed ground; 
   
  <nl>(F) road maintenance that does not involve widening or lengthening the 
road; 
   
  <nl>(G) installation or replacement of meter taps; 
   
  <nl>(H) controlled burning of fields; 
   
  <nl>(I) animal grazing; 
   
  <nl>(J) plowing, if the techniques are similar to that used previously; 
   
  <nl>(K) installation of monuments and sign posts unless in the boundaries of 
designated historic districts; and 
   
  <nl>(L) maintenance of existing trails. 
     
  <nl>(3) <ol>[(2)] Project review. <nl>Unless otherwise outlined previously in 
paragraph (1) of this section Project notification,<ol> the [The] committee will 
respond within 30 days upon receipt of the review request. The committee shall 
review submitted documentation and notify the public agency of the possible need 
for survey level investigations to locate cultural resources situated in the 
proposed development tract. <nl>If the committee does not respond within 30 
days, the public agency may proceed without further notice to the committee. 
Expedited reviews (24 hours) will be accommodated on a case by case basis in 
emergency situations. 
   
  <nl>(4)<ol>[(3)] Survey procedure. If a survey investigation is needed, a 
Principal Investigator should perform the investigations under an Antiquities 
Permit in accordance with sec.sec.41.17, 41.20, and 41.24 of this title 
(relating to Issuance of Permits, Archeological Permit Categories, and Reports 
Relating to Archeological Permits). 
   
  <nl>(5)<ol>[(4)] Construction discovery. Contractors working on public lands 
who discover archeological sites or historic structures which may qualify for 
designation as a State Archeological Landmark according to the criteria listed 
in sec.sec.41.6-41.10 of this title (relating to Specific Criteria for 
Evaluating Historic Structures; Specific Criteria for Evaluating Archeological 
Sites; Guidelines for Recognizing Archeological Sites; Specific Criteria for 
Evaluating Caches and Collections; and Specific Criteria for Evaluating 
Shipwrecks as State Archeological Landmarks) shall report such discovery to the 
state agency or political subdivision owning or controlling the property and to 
the Texas Antiquities Committee, P.O. Box 12276, Austin, Texas 78711-2776. Upon 
notification, the committee staff may initiate designation proceedings if it 
determines the site to be a significant cultural or historical property or the 
committee staff may issue a permit for mitigative archeological investigations 
or any other investigations. The cost of a proper investigation, excavation, or 
preservation of such a landmark or potential landmark will be borne by the owner 
or developer of the property rather than by the committee. 
 
  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 February 3, 1995. 
 TRD-9501433 
  Mark H. Denton 
 Staff Archeologist 
 Texas Antiquities Committee 
    Earliest possible date of adoption: March 13, 1995 
 For further information, please call: (512) 463-5711 
         
           
  13 TAC sec.41.15 
 
  (Editor's Note: Due to technical problems, the following rule is being omitted 
from this issue of the Texas Register. The rule will be published in the 
February 14, 1995. The earliest date of adoption is March 13, 1995. 
 
  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 February 3, 1995. 
 TRD-9501432 
  Mark H. Denton 
 Staff Archeologist 
 Texas Antiquities Committee 
    Earliest possible date of adoption: March 13, 1995 
 For further information, please call: (512) 463-5711 
         
             
  TITLE 16. ECONOMIC REGULATION 
 Part I. Railroad Commission of Texas 
  Chapter 5. Transportation Division 
  
  Subchapter C. Household Goods Carriers 
 
  16 TAC sec.5.101, sec.5.124 
 
  The Railroad Commission of Texas proposes new sec.5.101, concerning 
definitions, and sec.5.124, concerning bills of lading to be issued. This 
proposal is made as part of a comprehensive revision of Chapter 5 in light of 
recent legislative changes to statutes concerning regulation of transportation 
and to reorganize the commission's rules into concise subchapters for each 
category of the rules. 
 Jackye Greenlee, assistant director, Central Operations, Transportation/Gas 
Utilities Division, has determined that for each year of the first five-year 
period the proposed sections are in effect, there will be no fiscal implications 
for state or local government as a result of enforcing the sections. 
 Gary W. Elkins, hearings examiner, has determined that for each year of the 
first five years the proposal is in effect the public benefit anticipated as a 
result of administering the proposed sections will be to establish a system for 
regulating household goods carriers, including requirements for safety and 
insurance, and to achieve greater compliance by a reorganization of rules into 
concise subchapters. There will be no effect on small businesses as a result of 
enforcing the proposed sections. There is no anticipated economic cost to 
persons who are required to comply with the proposed sections. 
 Comments may be submitted to Gary W. Elkins, Hearings Examiner, Legal Division, 
Railroad Commission of Texas, P.O. Box 12967, Austin, Texas 78711. Comments will 
be accepted for 30 days after publication in the Texas Register. 
 The new sections are proposed under the Texas Motor Carrier Act, Texas Civil 
Statutes, Article 911b, which authorize the commission to prescribe rules and 
regulations for the operations of motor carriers. 
 The following is the article that is affected by the proposed sections: Texas 
Civil Statutes, Article 911b. 
 
 
  sec.5.101. Definitions.  The following words and terms, when used in this 
subchapter, shall have the following meanings, unless the context clearly 
indicates otherwise. 
   
   Cab card-A document issued by the commission, continuously maintained in a 
motor vehicle, identifying that vehicle as operating under a specific 
certificate of public convenience and necessity or permit. 
   
   Certificate-A certificate of public convenience and necessity issued by the 
commission. 
   
   Commission-The Railroad Commission of Texas. 
   
   Director-The director of the Transportation/Gas Utilities Division of the 
Railroad Commission of Texas. Any act or function assigned to the director by 
the commission may be delegated by the director. 
   
   Household goods -Personal effects and property used or to be used in a 
dwelling when it is a part of the equipment or supply of such dwelling, not 
including property moving from a factory or store, except such property as the 
householder has purchased with intent to use in the householder's dwelling and 
which is transported at the request of, and the transportation charges paid to 
the carrier by, or on behalf of the householder. 
   
   Household goods carrier-Any person, firm, corporation, company, 
copartnership, association or joint stock association, and their lessees, 
receivers, or trustees appointed by any court whatsoever owning, controlling, 
managing, operating, or causing to be operated, any motor-propelled vehicle used 
in transporting household goods for compensation or hire over any public highway 
in this state where, in the course of such transportation, a highway between two 
or more incorporated cities, towns, or villages is traversed. Provided, that the 
term "household goods carrier" as used in these regulations shall not include, 
and these regulations shall not apply to, motor vehicles engaged in the 
transportation of property for compensation or hire between points: 
 
  (A) wholly within any one incorporated city, town, or village; 
   
  (B) wholly within an incorporated city, town, or village and all areas, 
incorporated or unincorporated, wholly surrounded by such city, town, or 
village; 
   
  (C)  so situated that the transportation is performed wholly within an 
incorporated and immediately adjacent unincorporated area without operating 
within or through the corporate limits of more than a single incorporated city, 
town, or village, except to the extent provided in this title; or 
   
  (D)  wholly within the limits of a base incorporated municipality and any 
number of incorporated cities, towns, and villages which are immediately 
contiguous to said base municipality. 
     
   Permit-A contract carrier permit issued by the commission. 
   
   Person-An individual, firm, partnership, corporation, company, association, 
or joint stock association, or other legally appointed receivers or trustees. 
 
   
  sec.5.124. Bills of Lading to be Issued. 
 
  (a) Upon receipt of freight, a household good carrier shall issue and deliver, 
or cause to be issued and delivered, to the shipper a bill of lading. All bills 
of lading shall comply with, be governed by, and have the consequences stated in 
the Uniform Commercial Code of Texas and any other applicable and effective 
provisions of the statutes. All property transported by household goods carriers 
between points in Texas shall be subject, except in cases where such terms and 
conditions are in conflict with the laws of the State of Texas, to all terms and 
conditions of the uniform bill of lading, as set forth in this section: 
 
  (1) Section 1 of contract terms and conditions. 
 
  (A)  The carrier or party in possession of any of the property herein 
described shall be liable as at common law for any loss thereof or damage 
thereto, except as hereinafter provided. 
   
  (B) No carrier or party in possession of all or any of the property herein 
described shall be liable for any loss thereof or damage thereto or delay caused 
by the act of God, the public enemy, the authority of law, or the act or default 
of the shipper or owner, or for natural shrinkage. The carrier's liability shall 
be that of warehouseman, only, for loss, damage, or delay caused by fire 
occurring after the expiration of the free time (if any) allowed by tariffs 
lawfully on file (such free time to be computed as therein provided) after 
notice of the arrival of the property at destination or at the port of export 
(if intended for export) has been duly sent or given, and after placement of the 
property for delivery at destination, or tender of delivery of the property to 
the party entitled to receive it, has been made. Except in case of negligence of 
the carrier or party in possession (and the burden to prove freedom from such 
negligence shall be on the carrier or party in possession), the carrier or party 
in possession shall not be liable for loss, damage, or delay occurring while the 
property is stopped and held in transit upon the request of the shipper, owner, 
or party entitled to make such request, or resulting from a defect or vice in 
the property, or for country damage to cotton, or from riots or strikes. Except 
in case of carrier's negligence, no carrier or party in possession of all or any 
of the property herein described shall be liable for delay caused by highway 
obstruction, faulty or impassable highway, or lack of capacity of any highway, 
bridge, or ferry, and the burden to prove freedom from such negligence shall be 
on the carrier or party in possession. 
   
  (C) In case of quarantine the property may be discharged at risk and expense 
of owners into quarantine depot or elsewhere, as required by quarantine 
regulations or authorities, or for the carrier's dispatch at nearest available 
point in carrier's judgment, and in any such case carrier's responsibility shall 
cease when property is so discharged, or property may be returned by carrier at 
owner's expense to shipping point, earning freight both ways. Quarantine 
expenses of whatever nature or kind upon or in respect to property shall be 
borne by the owners of the property or be a lien thereon. The carrier shall not 
be liable for loss or damage occasioned by fumigation or disinfection or other 
acts required or done by quarantine regulations or authorities even though the 
same may have been done by carrier's officers, agents, or employees, nor for 
detention, loss, or damage of any kind occasioned by quarantine or the 
enforcement thereof. No carrier shall be liable, except in the case of 
negligence, for any mistake or inaccuracy in any information furnished by the 
carrier, its agents, or officers, as to quarantine laws or regulations. The 
shipper shall hold the carriers harmless from any expense they may incur, or 
damages they may be required to pay, by reason of the introduction of the 
property covered by this contract into any place against the quarantine laws or 
regulations in effect at such place. 
     
  (2) Section 2 of contract terms and conditions. 
 
  (A) No carrier is bound to transport said property by any particular schedule 
train, vehicle, or vessel, or in time for any particular market or otherwise 
than with reasonable dispatch. Every carrier shall have the right in case of 
physical necessity to forward said property by any carrier or route between the 
point of shipment and the point of destination. In all cases not prohibited by 
law, where a lower value than actual value has been represented in writing by 
the shipper or has been agreed upon in writing as the released value of the 
property as determined by the classification or tariffs upon which the rate is 
based, such lower value plus freight charges if paid shall be the maximum amount 
to be recovered, whether or not such loss or damage occurs from negligence. 
   
  (B) As a condition precedent to recovery, claims must be filed in writing with 
the receiving or delivering carrier, or carrier issuing the bill of lading, or 
carrier on whose line the loss, damage, injury, or delay occurred, or carrier in 
possession of the property when the loss, damage, injury, or delay occurred, 
within nine months after delivery of the property (or, in the case of export 
traffic, within nine months after delivery at port of export) or, in case of 
failure to make delivery, then within nine months after a reasonable time for 
delivery has elapsed; and suits shall be instituted against any carrier only 
within two years and one day from the day when notice in writing is given by the 
carrier to the claimant that the carrier has disallowed the claim or any part or 
parts thereof specified in the notice. Where claims are not filed or suits are 
not instituted thereon in accordance with the foregoing provisions, no carrier 
hereunder shall be liable, and such claims will not be paid. 
   
  (C) Any carrier or party liable on account of loss of or damage to any of said 
property shall have the full benefit of any insurance that may have been 
effected, upon or on account of said property, so far as this shall not avoid 
the policies or contracts of insurance; provided, that the carrier reimburse the 
claimant for the premium paid thereon. 
     
  (3) Section 3 of contract terms and conditions. Except where such service is 
required as result of carrier's negligence, all property shall be subject to 
necessary cooperage and baling at owner's cost. Each carrier over whose route 
cotton or cotton liners is to be transported hereunder shall have the privilege, 
at its own cost and risk, of compressing the same for greater convenience in 
handling or forwarding, and shall not be held responsible for deviation or 
unavoidable delays in procuring such compression. Grain in bulk consigned to a 
point where there is a railroad, public or licensed elevator, may (unless 
otherwise expressly noted herein, and then if it is not promptly unloaded) be 
there delivered, and placed with other grain of the same kind and grade without 
respect to ownership (and prompt notice thereof shall be given to the 
consignor), and if so delivered shall be subject to a lien for elevator charges 
in addition to all other charges hereunder. 
   
  (4) Section 4 of contract terms and conditions. 
 
  (A)  Property not removed by the party entitled to receive it within the free 
time (if any) allowed by tariff lawfully on file (such free time to be computed 
as therein provided), after notice of the arrival of the property at destination 
or at the port of export (if intended for export) has been duly sent or given, 
and after placement of the property for delivery at destination has been made, 
or property not received, at time tender of delivery of the property to the 
party entitled to receive it has been made, may be kept in vessel, vehicle, car, 
depot, warehouse, or place of business of the carrier, subject to the tariff 
charge for storage and to carrier's responsibility as warehouseman, only, or at 
the option of the carrier, may be removed to and stored in a public or licensed 
warehouse at the point of delivery or other available point, or if no such 
warehouse is available at point of delivery or at other available storage 
facility, at the cost of the owner and there held without liability on the part 
of the carrier, and subject to a lien for all freight and other lawful charges, 
including a reasonable charge for storage. In the event consignee cannot be 
found at address given for delivery, then in that event, notice of the placing 
of such goods in warehouse shall be mailed to the address given for delivery and 
mailed to any other address given on the bill of lading for notification, 
showing the warehouse in which such property has been placed, subject to the 
provisions of this subparagraph. 
   
  (B)  Where nonperishable property which has been transported to destination 
hereunder is refused by consignee or the party entitled to receive it upon 
tender of delivery, or said consignee or party entitled to receive it fails to 
receive or claim it within 15 days after notice of arrival shall have been duly 
sent or given, the carrier may sell the same at public auction to the highest 
bidder, at such place as may be designated by the carrier; provided, that the 
carrier shall have first mailed, sent, or given to the consignor notice that the 
property has been refused or remains unclaimed, as the case may be, and that it 
will be subject to sale under the terms of the bill of lading if disposition be 
not arranged for, and shall have published notice containing a description of 
the property, the name of the party to whom consigned, or, if shipped order 
notify, the name of party to be notified, and the time and place of sale, once a 
week for two successive weeks, in a newspaper of general circulation at the 
place of sale or nearest place where such newspaper is published. Provided, that 
30 days shall have elapsed before publication of notice of sale after said 
notice that the property was refused or remains unclaimed was mailed, sent, or 
given. 
   
  (C) Where perishable property which has been transported hereunder to 
destination is refused by consignee or party entitled to receive it, or said 
consignee or party entitled to receive it shall fail to receive it promptly, the 
carrier may, in its discretion, to prevent deterioration or further 
deteriorations, sell the same to the best advantage at private or public sale; 
provided, that if time serves for notification to the consignor or owner of the 
refusal of the property or the failure to receive it and request for disposition 
of the property, such notification shall be given, in such manner as the 
exercise of due diligence requires before the property is sold. 
   
  (D) Where the procedure provided for in this section is not possible, it is 
agreed that nothing contained in said section shall be construed to abridge the 
right of the carrier at its option to sell the property under such circumstances 
and in such manner as may be authorized by law. 
   
  (E) The proceeds of any sale made under this regulation shall be applied by 
the carrier to the payment of freight, demurrage, storage, and any other lawful 
charges and the expense of notice, advertisement, sale, and other necessary 
expense and of caring for and maintaining the property, if proper care of same 
requires special expense, and should there be a balance it shall be paid to the 
owner of the property sold hereunder. 
   
  (F) Property destined to or taken from a station, wharf, landing, or other 
place at which there is no regularly appointed freight agent, shall be entirely 
at risk of owner after unloaded from cars, vehicles, or vessels or until loaded 
into cars, vehicles, or vessels, and, except in case of carrier's negligence 
when received from or delivered to such stations, wharfs, landings, or other 
places, shall be at owner's risk until the cars are attached to, and after they 
are detached from locomotive or train or until loaded into and after unloaded 
from vessels, or if property is transported in motor vehicle trailers or semi-
trailers, until such trailers or semi-trailers are attached to, and after they 
are detached from power units. Where a carrier is directed to unload or deliver 
property transported by motor vehicle at a particular location where consignee 
or consignee's agent is not regularly located, the risk after unloading, or 
delivery, shall be that of the owner. 
     
  (5) Section 5 of contract terms and conditions. No carrier hereunder will 
carry or be liable in any way for any documents, specie, or for any articles of 
extraordinary value not specifically rated in the published classification or 
tariffs unless a special agreement to do so and a stipulated value of the 
articles are endorsed hereon. 
   
  (6) Section 6 of contract terms and conditions. Every party, whether the 
principal or agent, shipping explosives or dangerous goods, without previous 
full written disclosure to the carrier of their nature, shall be liable for and 
indemnify the carrier against all loss or damage caused by such goods, and such 
goods may be warehoused at owner's risk and expense or destroyed without 
compensation. 
   
  (7)  Section 7 of contract terms and conditions. 
 
  (A) The owner or consignee shall pay the freight and arrearage, if any, and 
all other lawful charges accruing on said property; but, except in those 
instances where it may lawfully be authorized to do so, no carrier shall deliver 
or relinquish possession at destination of the property covered by this bill of 
lading until all tariff rates and charges thereon have been paid. The consignor 
shall be liable for the freight and all other lawful charges, except that if the 
consignor stipulates, by signature, in the space provided for that purpose on 
the face of this bill of lading that the carrier shall not make delivery without 
requiring payment of such charges and the carrier, contrary to such stipulation 
shall make delivery without requiring such payment, the consignor (except as 
hereinafter provided) shall not be liable for such charges. Provided, that where 
the carrier has been instructed by the shipper or consignor to deliver said 
property to a consignee other than the shipper or consignor, such consignee 
shall not be legally liable for transportation charges in respect of the 
transportation of said property (beyond those billed against him at the time of 
delivery for which he is otherwise liable) which may be found to be due after 
the property has been delivered to him, if the consignee: 
 
  (i) is an agent only and has no beneficial title in said property; and 
   
  (ii) prior to delivery of said property has notified the delivering carrier in 
writing of the fact of such agency and absence of beneficial title, and, in the 
case of a shipment reconsigned or diverted to a point other than that specified 
in the original bill of lading, has also notified the delivering carrier in 
writing of the name and address of the beneficial owner of said property; and, 
in such cases the shipper or consignor, or, in the case of a shipment so 
reconsigned or diverted, the beneficial owner shall be liable for such 
additional charges. 
     
  (B) If the consignee has given to the carrier erroneous information as to whom 
the beneficial owner is, such consignee shall himself be liable for such 
additional charges. Nothing herein shall limit the right of the carrier to 
require at time of shipment the payment or guarantee of the charges. If upon 
inspection it is ascertained that the articles shipped are not those described 
in this bill of lading, the freight charges must be paid upon the articles 
actually shipped. 
     
  (8) Section 8 of contract terms and conditions. If this bill of lading is 
issued on the order of the shipper or his agent, in exchange or in substitution 
for another bill of lading, the shipper's signature to the prior bill of lading 
as to the statement of value or otherwise, or election of common law or bill of 
lading liability, in or in connection with such prior bill of lading, shall be 
considered a part of this bill of lading as fully as if the same were written or 
made in or in connection with this bill of lading. 
   
  (9) Section 9 of contract terms and conditions. Any alteration, addition, or 
erasure in this bill of lading which shall be made without the special notation 
herein of the agent of the carrier issuing this bill of lading, shall be without 
effect, and this bill of lading shall be enforceable according to its original 
tenor. 
     
  (b)  Contents of Bills of Lading. Each bill of lading shall show in addition 
to any other information required by law the following information: 
 
  (1)  The number of the bill of lading. 
   
  (2) The name of the issuing carrier. 
   
  (3) The date the shipment was received by the carrier. 
   
  (4) The name and address of the shipper. 
   
  (5) The points of origin and destination. 
   
  (6) The name and address of the consignee. 
   
  (7) The number and an exact description of the commodity, goods, articles, 
packages, or property tendered and received for transportation, showing 
separately those items of differing classification and those which are subject 
to varying rates or charges. 
   
  (8) The weight, volume, or measurement of the property tendered and received 
for transportation according to the lawfully applicable rates and charges shown 
separately by classification. 
   
  (9) Where applicable, the actual, declared, or release valuation of the 
shipment on which the bill of lading was issued. 
 
  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 February 6, 1995. 
 TRD-9501502 
  Mary Ross McDonald 
 Assistant Director, Legal Division, Gas Utilities/LP Gas 
 Railroad Commission of Texas 
    Earliest possible date of adoption: March 13, 1995 
 For further information, please call: (512) 463-7094 
         
               
  Subchapter G. Tow Trucks 
 
  16 TAC sec.5.504 
 
  The Railroad Commission of Texas proposes new sec.5.504, concerning 
exemptions. This proposal is made as part of a comprehensive revision of this 
title in light of recent legislative changes to statutes concerning regulation 
of transportation and to reorganize the commission's rules into concise 
subchapters for each category of the rules. 
 Jackye Greenlee, assistant director, Central Operations, Transportation/Gas 
Utilities Division, has determined that for each year of the first five-year 
period the proposal is in effect there will be no fiscal implications for state 
or local governments or small businesses as the result of enforcing the proposed 
new section. 
 Gary W. Elkins, hearings examiner, has determined that for each year of the 
first five years the proposal is in effect the public benefit anticipated as a 
result of the proposal will be to permit the proposed adoption of new rules in 
the present location of this subchapter and to reorganize the current structure 
of the motor transportation regulations and to achieve greater compliance by a 
reorganization of rules into concise subchapters. There is no anticipated 
economic cost to persons who are required to comply with the section as 
proposed. 
 Comments may be submitted to Gary W. Elkins, Hearings Examiner, Legal Division, 
Railroad Commission of Texas, P.O. Box 12967, Austin, Texas 78711. Comments will 
be accepted for 30 days after publication in the Texas Register. 
 The new section is proposed under the Texas Tow Truck Act, Texas Civil 
Statutes, Article 6687-9b, which authorizes the commission to adopt rules, in 
the interest of public safety, that provide registration and insurance 
requirements for the operation of tow trucks. 
 The following is the article that is affected by the proposed section: Texas 
Civil Statutes, Article 6687-9b. 
 
 
  sec.5.504. Exemptions.  The following vehicles are excluded from regulation 
under the Act and exempted from registration under the Act: 
 
  (1) As to out-of-state tow trucks only: 
 
  (A) a tow truck that is registered under the motor vehicle registration laws 
of another state; 
   
  (B) a tow truck that is operated in connection with and based at a towing 
business located in another state; 
   
  (C) a tow truck that is registered with a department or agency of another 
state; 
   
  (D) a tow truck that is regulated under the laws of another state that, as to 
the operation of tow trucks, has established standards that equal or exceed the 
requirements of the Texas Tow Truck Act; and 
   
  (E) a tow truck that is operated only temporarily or occasionally on the 
highways of this state. 
     
  (2) The following are also exempted from the provisions of this subchapter: 
 
  (A) a tow truck owned by and used exclusively in the service of the United 
States, the State of Texas, a county, a city, or a school district; 
   
  (B) a light commercial vehicle having a manufacturer's rated capacity of one 
ton or less to which a chain, strap or rented tow bar or towing device is 
affixed and that is operated by an individual not in an automotive or motor 
vehicle business; 
   
  (C) a vehicle that is towing a race car, a motor vehicle for exhibition, or an 
antique motor vehicle, and is not being operated as part of a business or 
profession; 
   
  (D) a recreational vehicle, as defined by the Texas Commercial Drivers License 
Act (Texas Revised Statutes, Article 6687b-2), including subsequent amendments 
to that definition, towing another vehicle for a noncommercial purpose; 
   
  (E) a commercial transport vehicle that is capable of hauling four or more 
motor vehicles; 
   
  (F) a vehicle used only for towing motorcycles and which is incapable of 
towing any other type vehicle; 
   
  (G) a non-tow truck or tow device used by a rental car agency to move vehicles 
for customer use; 
   
  (H) a non-tow truck or tow device used in agricultural operations for 
agricultural purposes; and 
   
  (I)  a non-tow truck or tow device owned by a licensee of the Motor Vehicle 
Board of the Texas Department of Transportation in transporting a vehicle owned 
by the licensee or a customer of the licensee. 
 
  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 February 6, 1995. 
 TRD-9501503 
  Mary Ross McDonald 
 Director, Legal Division-Gas Utilities/LP Gas 
 Railroad Commission of Texas 
    Earliest possible date of adoption: March 13, 1995 
 For further information, please call: (512) 463-7094 
         
               
  Subchapter H. Vehicle Storage Facilities 
 
  16 TAC sec.5.602 
 
  The Railroad Commission of Texas proposes new sec.5.602, concerning 
definitions. This proposal is made as part of a comprehensive revision of this 
title in light of recent legislative changes to statutes concerning regulation 
of transportation and to reorganize the commission's rules into concise 
subchapters for each category of the rules. 
 Jackye Greenlee, assistant director, Central Operations, Transportation/Gas 
Utilities Division, has determined that for each year of the first five-year 
period the proposal is in effect there will be no fiscal implications for state 
or local governments or small businesses as the result of enforcing the proposed 
new section. 
 Gary W. Elkins, hearings examiner, has determined that for each year of the 
first five years the proposal is in effect the public benefit anticipated as a 
result of the proposal will be to achieve greater compliance by a reorganization 
of rules into concise subchapters. There is no anticipated economic cost to 
persons who are required to comply with the section as proposed. 
 Comments may be submitted to Gary W. Elkins, Hearings Examiner, Legal Division, 
Railroad Commission of Texas, P.O. Box 12967, Austin, Texas 78711. Comments will 
be accepted for 30 days after publication in the Texas Register. 
 The new section is proposed under the Vehicle Storage Act, Texas Civil 
Statutes, Article 6687-9a, which authorize the commission to adopt rules 
establishing requirements for the licensing of persons to operate vehicle 
storage facilities. 
 The following article is affected by the proposed section: Texas Civil 
Statutes, Article 6687-9a. 
 
 
  sec.5.602. Definitions.  The following words and terms, when used in this 
chapter, shall have the following meanings, unless the context clearly indicates 
otherwise. 
   
   Act-The Vehicle Storage Facility Act, Texas Civil Statutes, Article 6687-9a, 
concerning vehicle storage facilities. 
   
   Commission-The Railroad Commission of Texas. 
   
   Day-Twenty-four continuous hours. 
   
   Director-The director of the Transportation/Gas Utilities Division of the 
commission or his or her designee. 
   
   Fence-An enclosure of wood, chain link, iron, concrete, masonry, or other 
department-approved construction placed around a space used to store vehicles 
and designed to prevent intrusion and escape. 
   
   Preservation-An action taken by or at the direction of the owner or operator 
of a vehicle storage facility that is necessary to preserve, protect, or service 
a vehicle stored or parked at the facility. Reasonable efforts necessary for the 
storage of a vehicle, such as locking doors, rolling up windows, and closing 
doors, hatchbacks, or convertible tops, are included in the fee for storage of a 
vehicle, as set forth in  s5.619(f) of this title (relating to Technical 
Requirements -Storage Fees/Charges), and do not constitute "preservation." A 
vehicle storage facility operator will be entitled to charge a fee for 
preservation if, in addition to the requirements set forth in sec.5.607 of this 
title (relating to Responsibilities of the Licensee -Storage Requirements), the 
vehicle storage facility operator performs, at a minimum, the following duties: 
 
  (A) conducts a written inventory of any unsecured personal property contained 
in the vehicle; 
   
  (B) removes and stores all such property for which safekeeping is necessary, 
and specifies such removal and storage on the written inventory; and 
   
  (C) obtains motor vehicle registration information for the vehicle from the 
Texas Department of Transportation. 
     
   Principal-An individual who: 
 
  (A) holds personally, or as a beneficiary of a trust, or by other constructive 
means: 
 
  (i) 10% of a corporation's outstanding stock; or 
   
  (ii) more than $25,000 of the fair market value of a business; 
     
  (B) has the controlling interest in a business; 
   
  (C) has a participating interest of more than 10% in the profits, proceeds, or 
capital gains of a business, regardless of whether the interest is direct or 
indirect, is through share, stock, or any other manner, or includes voting 
rights; 
   
  (D) is a member of the board of directors or other governing body of a 
business; or 
   
  (E) serves as an elected officer of a business. 
     
   Vehicle-A motor vehicle subject to registration under the Certificate of 
Title Act, Texas Civil Statutes, Article 6687-1, or any other device designed to 
be self-propelled or transported on a public highway and which is towed or 
transported to a vehicle storage facility without the owner's consent. 
   
   Vehicle owner-A vehicle owner is: 
 
  (A) a person in whose name the vehicle is registered under the Certificate of 
Title Act, Texas Civil Statutes, Article 6687-1; 
   
  (B) a person in whose name the vehicle is registered under General Laws, Acts 
of the 41st Legislature, Second Called Session, 1929, Chapter 88, Texas Civil 
Statutes, Article 6675a-2, sec.2, or a member of the person's immediate family; 
   
  (C) a person who holds the vehicle through a valid lease agreement; or 
   
  (D) an unrecorded lienholder with a right to possession. 
     
   Vehicle storage facility-A garage, parking lot, or any facility owned or 
operated by a person other than a governmental entity, except as provided in 
sec.5.619(f) of this title (relating to Technical Requirements-Storage 
Fees/Charges), for storing or parking ten or more vehicles. Ten or more vehicles 
shall mean the capacity to park or store ten or more vehicles a year. 
 
  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 February 6, 1995. 
 TRD-9501504 
  Mary Ross McDonald 
 Assistant Director, Legal Division-Gas Utilities/LP Gas 
 Railroad Commission of Texas 
    Earliest possible date of adoption: March 13, 1995 
 For further information, please call: (512) 463-7094 
         
               Part IX. Texas Lottery Commission 
  Chapter 402. Bingo Regulation and Tax 
  
  16 TAC sec.402.545 
 
  The Texas Lottery Commission proposes an amendment to sec.402.545, relating to 
licenses for the conduct of bingo games. The proposed amendment clarifies that a 
temporary license may be issued to any organization not holding an annual 
license to conduct bingo, as well as to any organization holding an annual 
license. 
 Richard Sookiasian, budget analyst, 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. 
 Donald Wilson, charitable bingo director, has determined that during the first 
five-year period the rule is in effect the anticipated public benefit as a 
result of enforcing or administering the rule will be to clarify that an 
organization not holding an annual license to conduct bingo may conduct bingo 
under a temporary license in accordance with the provisions of this rule and, to 
clarify that any organization holding an annual license may also obtain a 
temporary license to conduct bingo for times, dates, and/or locations other than 
those times, dates, and/or locations which the organization already has approval 
to conduct in accordance with its annual license. There will be no effect on 
small businesses. There is no anticipated economic cost to persons who are 
required to comply with the section as proposed. 
 Comments on the proposal may be submitted to Kimberly L. Kiplin, General 
Counsel, Texas Lottery Commission, P.O. Box 16630, Austin, Texas 78761-6630. 
 The amendment is proposed under Texas Civil Statutes, Article 179d, sec.16, 
which authorize the Texas Lottery Commission to adopt rules for the enforcement 
and administration of the Bingo Enabling Act and Texas Government Code, 
sec.467.102, which authorizes the Texas Lottery Commission to adopt rules for 
the enforcement and administration of Texas Government Code, Chapter 467 and the 
laws under the commission's jurisdiction. 
 The statute that is affected by the proposal is Texas Civil Statutes, Article 
179d, sec.12. 
 
 
  sec.402.545. Licenses, Fees, and Bonds for Conduct of Bingo and Commercial 
Lessor. 
 
  (a) Annual license to conduct bingo games. 
 
  (1)  Application. An organization which desires to conduct bingo on a regular 
basis must apply to the Texas <nl>Lottery <ol> [Alcoholic Beverage] Commission 
(commission) for an annual license to conduct bingo. The application must be 
made on a form prepared by the commission and must contain all the information 
required by that form. 
   
  (2)-(5) (No change.) 
     
  (b) (No change.) 
   
  (c) Temporary license to conduct bingo games. 
 
  (1) Any organization <nl>not holding an annual license to conduct bingo<ol> 
which desires to conduct bingo on a limited basis must apply to the commission 
for a temporary license. The application must contain the same information and 
be made on the same form used by applicants for an annual license. The complete 
application with required attachments should be filed with the commission at 
least 30 days in advance of the first bingo game that will be played under the 
temporary license. <nl>An organization holding an annual license to conduct 
bingo shall apply no less than seven working days in advance of the proposed 
game, provided that the only proposed change is the date, time and/or location. 
     
  (d)-(m) (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 February 6, 1995. 
 TRD-9501499 
  Kimberly L. Kiplin 
 General Counsel 
 Texas Lottery Commission 
    Earliest possible date of adoption: March 13, 1995 
 For further information, please call: (512) 323-3791 
         
           
  16 TAC sec.402.554 
 
  The Texas Lottery Commission proposes an amendment to sec.402.554, concerning 
instant bingo. The proposed amendment relates to requiring the phasing out of 
the seal of the Texas Alcoholic Beverage Commission and the phasing in of the 
seal of the Texas Lottery Commission on instant bingo cards in accordance with 
the rule's implementation schedule. 
 Richard Sookiasian, budget analyst, has determined that for the first five-year 
period the section will be in effect there will be no fiscal implications for 
state or local government as a result of enforcing or administering the section. 
 Marc Garcia, audit director, has determined that during the first five-year 
period the rule is in effect the anticipated public benefit as a result of 
enforcing or administering the rule will be to establish improved accounting and 
auditing controls available to the Texas Lottery Commission in order for it to 
exercise adequate control and supervision of bingo games attended by the public 
in Texas. It is further anticipated that a long-term effect of this rule may be 
to enhance net proceeds at the charity bingo level. There will be no effect on 
small businesses. There is no anticipated economic cost to persons who are 
required to comply with the section as proposed. 
 Comments on the proposal may be submitted to Kimberly L. Kiplin, General 
Counsel, Texas Lottery Commission, P.O. Box 16630, Austin, Texas 78761-6630. 
 The amendment is proposed under Texas Civil Statutes, Article 179d, sec.16, 
which authorize the Texas Lottery Commission to adopt rules for the enforcement 
and administration of the Bingo Enabling Act and Texas Government Code, 
sec.467.102, which authorizes the Texas Lottery Commission to adopt rules for 
the enforcement and administration of Texas Government Code, Chapter 467 and the 
laws under the Commission's jurisdiction. 
 The statute that is affected by this rule is Texas Civil Statutes, Article 
179d, sec.16. 
 
 
  sec.402.554. Instant Bingo. 
 
  (a) (No change.) 
 
  (1) (No change.) 
   
  (2) Instant bingo card-A device used to play a specific game of chance 
consisting of an individual card, the face of which is initially hidden from 
view to conceal numbers. Each individual card must: 
 
  (A) bear an impression of the commission's seal with the words "Texas 
<nl>Lottery<ol> [Alcoholic Beverage] Commission" engraved around the margin and 
a five-pointed star in the center; 
   
  (B) (No change.) 
   
  (C)  be imprinted in no less than nine-point type with the words "Authorized 
by the Texas <nl>Lottery<ol> [Alcoholic Beverage] Commission"; 
   
  (D)-(G)  (No change.) 
     
  (3) (No change.) 
     
  (b) Approval of cards. 
 
  (1) (No change.) 
   
  (2) Prototypes or examples of all cards must be presented to the Texas 
<nl>Lottery<ol> [Alcoholic Beverage] Commission in Austin for review. If 
granted, approval extends only to the specific card or series approved. If the 
card is modified in any way, except only in series number, it must be 
resubmitted to the commission for approval. 
   
  (3)  (No change.) 
     
  (c) Manufacturing requirements. 
 
  (1)  Manufacturers of instant bingo cards must manufacture, assemble, and 
package each deal in such a manner that none of the winning cards, nor the 
location or approximate location of any of the winning cards, can be determined 
in advance of opening by any means or device including any pattern in 
manufacture, printing, color variations, assembly, packaging markings, or by the 
use of a light. All winnings and losing numbers conforming with designated 
numbers on the instant bingo card must be randomly selected. Each manufacturer 
must supply proof of random selection to the Texas <nl>Lottery<ol> [Alcoholic 
Beverage] Commission by detailed description of the manufacturing process, and 
is subject to inspection by the commission or its designee. 
   
  (2)-(6) (No change.) 
     
  (d)-(g) (No change.) 
   
  (h) Implementation schedule. The requirement that instant bingo cards have 
printed on them the seal of the Texas <nl>Lottery <ol> [Alcoholic Beverage] 
Commission and the words "Texas <nl>Lottery<ol> [Alcoholic Beverage] Commission" 
shall be implemented according to the <nl>following<ol> [same] schedule [as 
provided for printing the commission seal on disposable paper cards in the 
emergency amendment to sec.55.558(f) of this title (relating to Seal Required on 
Disposable Bingo Cards)]. 
 
  <nl>(1) Effective January 1, 1995, a manufacturer shall not sell or otherwise 
furnish instant bingo cards not bearing the seal of the Texas Lottery Commission 
and the manufacturer's name, trade name, or trademark to distributors for use in 
Texas. 
   
  <nl>(2) Effective October 1, 1995, a distributor shall not purchase, sell or 
otherwise distribute instant bingo cards which do not bear the seal of the Texas 
Lottery Commission and the name, trade name, or trademark of the manufacturer. 
   
  <nl>(3) Effective January 1, 1996, a licensed organization shall not purchase 
or otherwise obtain or use instant bingo cards which do not bear the seal of the 
Texas Lottery Commission and the manufacturer's name, trade name, or trademark 
for use in Texas. 
 
  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 February 6, 1995. 
 TRD-9501500 
  Kimberly L. Kiplin 
 General Counsel 
 Texas Lottery Commission 
    Earliest possible date of adoption: March 13, 1995 
 For further information, please call: (512) 323-3791 
         
             
  16 TAC sec.402.558 
 
  The Texas Lottery Commission proposes an amendment to sec.402.558, relating to 
the seal required on disposable bingo cards, specifically relating to phasing 
out the Texas Alcoholic Beverage Commission seal and phasing in the Texas 
Lottery Commission in accordance with an implementation schedule. 
 Richard Sookiasian, budget analyst, 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. 
 Marc Garcia, audit director, has determined that during the first five-year 
period the rule is in effect the anticipated public benefit as a result of 
enforcing or administering the rule will be to establish improved accounting and 
auditing controls available to the Texas Lottery Commission in order for it to 
exercise adequate control and supervision of bingo games attended by the public 
in Texas. It is further anticipated that a long-term effect of this rule may be 
to enhance net proceeds at the charity bingo level. There will be no effect on 
small businesses. There is no anticipated economic cost to persons who are 
required to comply with the section as proposed. 
 Comments on the proposal may be submitted to Kimberly L. Kiplin, General 
Counsel, Texas Lottery Commission, P.O. Box 16630, Austin, Texas 78761-6630. 
 The amendment is proposed under Texas Civil Statutes, Article 179d, sec.16, 
which authorize the Texas Lottery Commission to adopt rules for the enforcement 
and administration of the Bingo Enabling Act and Texas Government Code, 
sec.467.102, which authorizes the Texas Lottery Commission to adopt rules for 
the enforcement and administration of Texas Government Code, Chapter 467 and the 
laws under the commission's jurisdiction. 
 The amendment affects Texas Civil Statutes, Article 179d, sec.16. 
 
 
  sec.402.558. Seal Required on Disposable Bingo Cards. 
 
  (a) For the purposes of this section, a disposable bingo card is a card made 
of paper or other suitable material which is designed or intended for use of a 
single bingo occasion; provided that this section shall not apply to cards 
furnished for use in promotional bingo games conducted in accordance with the 
Bingo Enabling Act, sec.39, [and sec.55.560 of this title (relating to 
Promotional Bingo),] which cards may not contain a seal. 
   
  (b) The face of every disposable bingo card used, sold, or otherwise furnished 
in this state shall bear an impression of the State of Texas and a star of five 
points encircled by olive and live oak branches and the words "Texas <nl>Lottery 
<ol> [Alcoholic Beverage] Commission," in accordance with detailed 
specifications, available on request from the Texas <nl>Lottery <ol> [Alcoholic 
Beverage] Commission (commission). The face of each card shall also have printed 
on it the name of the manufacturer or a trade name or trademark which has been 
filed with the commission. 
   
  (c)-(e) (No change.) 
   
  (f) The requirements that all cards have printed on the face of the card the 
seal of the Texas <nl>Lottery <ol> [Alcoholic Beverage] Commission and the name 
of the manufacturer, a trade name, or a trademark shall be implemented according 
to the following schedule. 
 
  <nl>(1) Effective January 1, 1995, a<ol> [A] manufacturer shall not sell or 
otherwise furnish disposable cards not bearing the seal of the Texas 
<nl>Lottery<ol> [Alcoholic Beverage] Commission and the manufacturer's name, 
trade name, or trademark to distributors for use in this state [after December 
31, 1989]. This requirement also applies to any manufacturer who assembles and 
collates disposable cards for sale in Texas, but only the name, trade name, or 
trademark of the original manufacturer who printed the card face shall be 
printed on the card face. 
   
  <nl>(2) Effective October 1, 1995, a<ol> [A] distributor shall not purchase 
<nl>sell, or otherwise distribute<ol> disposable cards which do not bear the 
seal of the Texas <nl>Lottery<ol> [Alcoholic Beverage] Commission and the name, 
trade name, or trademark of the manufacturer [after December 31, 1989,] for use 
in this state. [A distributor may continue to sell cards which bear the 
comptroller's seal and do or do not bear the manufacturer's name, trade name, or 
trademark to licensed organizations in this state until March 31, 1990.] 
   
  <nl>(3) Effective January 1, 1996, a<ol> [A] licensed organization shall not 
purchase or otherwise obtain <nl>or use<ol> disposable cards which do not bear 
the seal of the Texas  <nl>Lottery<ol> [Alcoholic Beverage] Commission and the 
manufacturer's name, trade name, or trademark for use in this state [after March 
31, 1990]. 
 
  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 February 6, 1995. 
 TRD-9501501 
  Kimberly L. Kiplin 
 General Counsel 
 Texas Lottery Commission 
    Earliest possible date of adoption: March 13, 1995 
 For further information, please call: (512) 323-3791 
         
                   
  TITLE 22. EXAMINING BOARDS 
 Part XII. Board of Vocational Nurse Examiners 
  Chapter 239. Contested Case Procedure 
  
  Reinstatement Process 
 
  22 TAC sec.239.54 
 
  The Board of Vocational Nurse Examiners proposes an amendment to sec.239. 54. 
The amendment is proposed to bring this rule into consistency with other rules. 
Also, it clarifies additional sanctions that can be imposed following 
disciplinary action. 
 Marjorie A. Bronk, executive director, has determined that for the first five-
year period the rule is in effect, there will be no fiscal implication for state 
or local government as a result of enforcing or administering the rule. 
 Mrs. Bronk 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 nurses who have met all requirements for licensure and have current 
knowledge or practice as a licensed vocational nurse. There will be no effect on 
small businesses. There is no anticipated economic cost to persons who are 
required to comply with the section as proposed. 
 Comments on the proposal may be submitted to Marjorie A. Bronk, R.N., M.S.H. 
P., Executive Director, Board of Vocational Nurse Examiners, 9101 Burnet Road, 
Suite 105, Austin, Texas 78758, (512) 835-2071. 
 The amendment is proposed under Texas Civil Statutes, Article 4528c, sec.5(g) , 
which provide the Board of Vocational Nurse Examiners with the authority to make 
such rules and regulations as may be necessary to carry in effect the purposes 
of the law. 
 No other statute, article or code will be affected by this proposal. 
 
 
  sec.239.54. Board Action Possible Upon Reinstatement. 
 
  <nl>(a) After evaluation, the board may: 
 
  (1) deny reinstatement of a suspended or revoked license; 
   
  (2)  reinstate a suspended or revoked license and probate the practitioner for 
a specified period of time [under specific conditions]; 
   
  (3) authorize reinstatement of the suspended or revoked license; 
   
  (4) require the satisfactory completion of a specific program of remedial 
education approved by the agency; and 
   
  (5) require monitoring of the applicant's nursing practice as specified by the 
Board. 
     
  <nl>(b) A nurse whose license has been suspended or revoked for more than five 
years shall be required to repeat the vocational nursing program and shall take 
and pass the national licensure examination prior to activation of his or her 
license or show evidence of practice as a licensed vocational nurse in another 
state or practice as a registered nurse in this state or another state within 
the past five years. 
 
  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 February 3, 1995. 
 TRD-9501447 
  Marjorie A. Bronk, R.N., M.S.H.P. 
 Executive Director 
 Board of Vocational Nurse 
    Earliest possible date of adoption: March 13, 1995 
 For further information, please call: (512) 835-2071 
         
                   
  TITLE 37. PUBLIC SAFETY AND CORRECTIONS 
 Part III. Texas Youth Commission 
  Chapter 88. Special Management Programs 
  
  37 TAC sec.88.1, sec.88.3 
 
  The Texas Youth Commission (TYC) proposes new sec.88.1 and sec.88.3, 
concerning special management and treatment program for assaultive youth, and 
intensive resocialization program. New sec.88.1 will allow youth who pose a 
serious threat to life, property, self, staff, or other youth, to be moved to a 
special management and treatment program in TYC institutions for aggressive and 
assaultive behaviors. New sec.88.3 replaces the existing sec.91.73 which is 
being simultaneously proposed for repeal. The new section, which allows for 
qualified youth in TYC high restriction facilities to be moved to the intensive 
resocialization program at Giddings State School, for staff to gain control, and 
youth to receive intensive treatment, is being moved to a more appropriate 
chapter. 
 John Franks, Director of Fiscal Affairs, has determined that for the first 
five-year period the sections are in effect there will be no fiscal implications 
for state or local government as a result of enforcing or administering the 
sections. 
 Mr. Franks also has determined that for each year of the first five years the 
sections are in effect the public benefit anticipated as a result of enforcing 
the sections will be that youth who engage in activities which incite and cause 
major disruption and endangerment of staff and youth will be better served by 
placement in highly structured treatment programs. There will be no effect on 
small businesses. There is no anticipated economic cost to persons who are 
required to comply with the sections as proposed. 
 Comments on the proposal may be submitted to Gail Graham, Policy and Manuals 
Coordinator, Texas Youth Commission, 4900 North Lamar Boulevard, P.O. Box 4260, 
Austin, Texas 78765. 
 The new sections are proposed under the Human Resources Code, sec.61.075, which 
provides the Texas Youth Commission with the authority to order confinement 
under conditions it believes best designed for the child's welfare and the 
interests of the public. 
 The proposed rules implement the Human Resource Code, sec.61.034. 
 
 
  sec.88.1. Special Management and Treatment Programs for Assaultive Youth. 
 
  (a) Policy. The Texas Youth Commission (TYC) provides a special program known 
as special management and treatment programs for assaultive youth. The program 
is provided within each institution for youth whose continued presence in the 
general population poses a serious threat to life, property, self, staff, or 
other youth. Youth who do not respond to regular program services including 
security admission for short-term crisis intervention, may be admitted to a 
special management and treatment program for aggressive and assaultive 
behaviors. The program is comprised of a strong counseling component and a 
system of graduated reintegration into the general population. The program is 
housed in the security unit. 
   
  (b) Rules. 
 
  (1) Admission Criteria. Youth eligible for the special management and 
treatment program are youth who instigate or engage in one or more of the 
following behaviors: 
 
  (A) assault of TYC staff; 
   
  (B) one or more serious assaults on a student resulting in bodily injury; 
   
  (C)  willful destruction of property; 
   
  (D) escape with exacerbating circumstances, e.g., aggravated assault, arson, 
or possession of a weapon; 
   
  (E) serious self-abusive or suicidal behavior. 
     
  (2) Admission Procedure. 
 
  (A) Primary service worker (PSW) recommends admittance to special management 
program. 
   
  (B) The fact finding portion of a level II hearing is held to determine the 
facts of the youth's behavior. 
   
  (C)  Following an interview with the youth, the psychologist recommends to the 
superintendent placement of the youth in the special management program if 
he/she determines that: 
 
  (i) youth poses a continuing risk for assaultive behavior, injury to self 
and/or destruction of property; and 
   
  (ii) less restrictive intervention is unlikely to manage the risk. 
     
  (D) Primary service worker (PSW), social service administrator (SSA) and 
psychologist develop an individual treatment plan. Release is based on the youth 
meeting specific performance objectives in each phase and individualized 
behavioral objectives. 
   
  (E) The special services committee reviews and approves the plan. 
   
  (F) The superintendent or assistant superintendent approves admittance to the 
program. 
   
  (G) A youth who has once successfully completed the program shall not be 
returned unless admission criteria has been met for a different incident. 
     
  (3) Program Requirements. The program is designed for a maximum of four 
treatment/reintegration phases of one week each. A shorter term program may be 
utilized. At the end of each week the student's progress will be evaluated and 
the PSW, SSA and psychologist will determine phase promotion, demotion or 
retention. Release earlier is based on the youth's performance in meeting 
individualized objectives and requirements of each phase. Movement through each 
phase is based on successful completion of performance objectives of the 
previous phases. The phase program may initially be modified if recommended by 
the psychologist and approved by the superintendent or assistant superintendent. 
   
  (4) Completion and Release. 
 
  (A) A youth is released when progress reviews indicate that performance 
objectives for each phase have been met or when a youth has been in the program 
for 28 days, whichever occurs first unless an extension has been approved. 
   
  (B)  When an extension of the 28 days is determined to be necessary because 
the youth continues to pose a serious threat, or has failed to progress through 
the treatment phase, a request for extension and justification for such action 
may be submitted to the director of programs and mental health services and 
director of institutions or director of community services as appropriate. 
   
  (C) The program for any individual youth shall not be extended beyond 28 days 
unless approved by the director of programs and mental health services and 
director of institutions or director of community services as appropriate. 
   
  (D) The director of psychology or his/her designated member of the psychology 
staff shall review the file weekly and provide a written report to the assistant 
superintendent regarding implementation of the treatment plan and recommendation 
for continuation/discontinuation. Failure of the program to be implemented as 
designed shall be cause for the youth to be dismissed from security unless 
implementation was precluded due to non-compliance of the student. 
 
         
  sec.88.3. Intensive Resocialization Program. 
 
  (a) Policy. The Texas Youth Commission (TYC) operates an intensive 
resocialization treatment program at the Giddings State School (GSS). The 
program is highly restrictive and is operated on the Giddings State School 
campus in a unit separate from other units and campus activities. 
   
  (b) Rules 
 
  (1) Admissions Criteria. 
 
  (A) Youth eligible for the intensive resocialization program are: 
 
  (i) Giddings State School youth classified as sentenced offenders or violent 
offenders who have intentionally exhibited aggressive, destructive, and 
assaultive behavior and have not responded less restrictive treatment 
interventions; and whose immediate behavior meets one of the following criteria: 
 
  (I) assault of TYC staff; 
   
  (II)  serious assault of a TYC student which results in bodily injury; 
   
  (III)  willful destruction of property; 
   
  (IV) escape with exacerbating circumstances, e.g., aggravated assault, arson 
or possession of a weapon; 
     
  (ii) youth in any other TYC institution who, while in that placement, 
assaulted TYC staff causing serious bodily injury. 
     
  (B) The admission decision is based on the following considerations: 
 
  (i)  severity of the incident; 
   
  (ii) previous behavior indicating a continuing course of conduct; 
   
  (iii) previous interventions attempted; 
   
  (iv) sufficiency of other less restrictive interventions at this time; 
   
  (v) probability of success in the Giddings Intensive Resocialization Program 
(GIRP); and 
   
  (vi) amenability to treatment. 
       
  (2) Admission Procedure. 
 
  (A) The fact finding portion of the appropriate hearing, a level I hearing for 
non-GSS youth or a level II hearing for GSS youth, is held to determine the 
facts of the youth's behavior. 
   
  (B) The Special Services Committee of the sending facility recommends that the 
youth be referred to the GIRP, and the referral is approved or denied by the 
sending superintendent. 
   
  (C) The GIRP admission review staff submits a recommendation regarding 
admission to the superintendent or director of institutions as appropriate (see 
subparagraph (E) of this paragraph). 
   
  (D) Except as provided in subparagraph (E) of this paragraph, admission 
approval by the GSS superintendent or assistant superintendent is required. 
   
  (E) Youth in institutions other than GSS may be admitted with the approval of 
the director of institutions. 
     
  (3) Release. 
 
  (A) Each youth remains in program for a minimum of 30 days and must 
successfully complete specific objectives. Reintegration is individual and 
graduated. 
   
  (B) The intensive resocialization program treatment team reviews progress 
weekly and determines when objectives have been met sufficiently to progress 
through levels and when release from the program has been earned. The team 
approves return to regular program or sending institution. Youth in the program 
from other facilities are returned to the security unit of the sending facility 
for completion of reintegration phases. 
   
  (C) Progress reviews and reintegration of a youth back to the sending 
institution are coordinated by GIRP staff and sending Special Services Committee 
and monitored by the directors of psychology. 
     
  (4) Program Requirements. Privileges afforded in the regular program may be 
restricted in the following areas: 
 
  (A) Types of clothing worn may be controlled. Wearing of outdoor shoes may be 
limited to outdoor activity. 
   
  (B) Visitation may be restricted to adult family members and attorneys. 
   
  (C) Incoming calls may be restricted to those of parents or guardians and 
attorneys. 
 
  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 February 3, 1995. 
 TRD-9501414 
  Steve Robinson 
 Executive Director 
 Texas Youth Commission 
    Earliest possible date of adoption: March 13, 1995 
 For further information, please call: (512) 483-5244 
         
                 Chapter 91. Discipline and Control 
  
  Control 
 
  37 TAC sec.91.73 
 
  (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 Texas Youth 
Commission or in the Texas Register office, Room 245, James Earl Rudder 
Building, 1019 Brazos Street, Austin.) 
   
  The Texas Youth Commission (TYC) proposes the repeal of  s91.73, concerning 
resocialization program. The repeal will allow the rule to be moved to a new 
chapter and renumbered. 
 John Franks, Director of Fiscal Affairs, 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. Franks also has determined that for each year of the first five years the 
repeal is in effect the public benefit anticipated as a result of enforcing the 
repeal will be the placement of the rule in a more appropriate chapter. There 
will be no effect on small businesses. There is no anticipated economic cost to 
persons who are required to comply with the repeal as proposed. 
 Comments on the proposal may be submitted to Gail Graham, Policy and Manuals 
Coordinator, Texas Youth Commission, 4900 North Lamar Boulevard, P.O. Box 4260, 
Austin, Texas 78765. 
 The repeal is proposed under the Human Resources Code,  s61.034, which provides 
the Texas Youth Commission with the authority to make rules appropriate to the 
proper accomplishment of its functions. 
 The proposed rule implements the Human Resource Code, sec.61.034. 
 
 
  sec.91.73. Intensive Resocialization Program. 
 
  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 February 3, 1995. 
 TRD-9501413 
  Steve Robinson 
 Executive Director 
 Texas Youth Commission 
    Earliest possible date of adoption: March 13, 1995 
 For further information, please call: (512) 483-5244 
         
               Part V. Texas Board of Pardons and Paroles 
  Chapter 141. General Provisions 
  
  Rulemaking 
 
  37 TAC sec.141.52 
 
  (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 Texas Board of 
Pardons and Paroles or in the Texas Register office, Room 245, James Earl Rudder 
Building, 1019 Brazos Street, Austin.) 
   
  The Texas Board of Pardons and Paroles proposes the repeal of sec.141.52, 
concerning the suspension of board rules. 
 The repeal is proposed because the board believes that all persons or parties 
in addition to those persons or parties who have a direct interest in the 
board's rules should have input concerning rule suspension. 
 Michael F. Miller, general counsel, 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. Miller also has determined that for each year of the first five years the 
repeal is in effect the public benefit anticipated as a result of enforcing the 
repeal will be inapplicable as the public is relatively unaffected by this 
particular repeal. There will be no effect on small businesses. There is no 
anticipated economic cost to persons who are required to comply with the repeal 
as proposed. 
 Comments on the proposal may be submitted to the Board of Pardons and Paroles 
Rules Committee in care of Michael F. Miller, 8610 Shoal Creek Boulevard, 
Austin, Texas 78759; P.O. Box 13401, Austin, Texas 78711. 
 The repeal is proposed under Code of Criminal Procedure, Article 42.18, 
sec.8(g), which provides the Board of Pardons and Paroles with authority to 
promulgate rules consistent with the Code. 
 No other code or amendment is affected by the proposed repeal. 
 
 
  sec.141.52. Suspension of Rules. 
 
  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 February 3, 1995. 
 TRD-9501395 
  Michael F. Miller 
 General Counsel 
 Texas Board of Pardons and Paroles 
    Earliest possible date of adoption: March 13, 1995 
 For further information, please call: (512) 406-5613 
         
         
  37 TAC sec.141.52 
 
  The Texas Board of Pardons and Paroles proposes new sec.141.52, concerning the 
suspension of board rules. 
 The new section is proposed because the board believes that all persons or 
parties in addition to those persons or parties who have a direct interest in 
the board's rules should have input concerning rule suspension. 
 Michael F. Miller, general counsel, 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. Miller 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 inapplicable as the public is relatively unaffected by this 
particular section. There will be no effect on small businesses. There is no 
anticipated economic cost to persons who are required to comply with the section 
as proposed. 
 Comments on the proposal may be submitted to the Board of Pardons and Paroles 
Rules Committee in care of Michael F. Miller, 8610 Shoal Creek Boulevard, 
Austin, Texas 78759; P.O. Box 13401, Austin, Texas 78711. 
 The new section is proposed under Code of Criminal Procedure, Article 42.18, 
sec.8(g), which provides the Board of Pardons and Paroles with authority to 
promulgate rules consistent with the Code. 
 No other code or amendment is affected by the proposed new section. 
 
 
  sec.141.52. Suspension of Rules. The board may suspend the provisions of any 
procedure or rule when the enforcement of the rule would unduly complicate or 
prolong the process and the suspension would be in the best interest of the 
public and the board. 
 
  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 February 3, 1995. 
 TRD-9501396 
  Michael F. Miller 
 General Counsel 
 Texas Board of Pardons and Paroles 
    Earliest possible date of adoption: March 13, 1995 
 For further information, please call: (512) 406-5613 
         
         
  37 TAC sec.141.57 
 
  (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 Texas Board of 
Pardons and Paroles or in the Texas Register office, Room 245, James Earl Rudder 
Building, 1019 Brazos Street, Austin.) 
   
  The Texas Board of Pardons and Paroles proposes the repeal of sec.141.57, 
concerning Petition for Adoption of Rules. The section is proposed for repeal 
because by means of a separate submission the board is simultaneously proposing 
a new version of sec.141.57 which will change the address to which petitions are 
to be sent because the Huntsville Board office is not a statutorily required 
office for the chairman, and to update the statutory reference in this rule to 
Government Code, sec.2001.021 as a way of encouraging persons to become 
knowledgeable of the relevant statutory law concerning petitions. 
 Michael F. Miller, general counsel, 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. Miller also has determined that for each year of the first five years the 
repeal is in effect the public benefit anticipated as a result of enforcing the 
repeal will be inapplicable as the public is relatively unaffected by this 
particular repeal. There will be no effect on small businesses. There is no 
anticipated economic cost to persons who are required to comply with the repeal 
as proposed. 
 Comments on the proposal may be submitted to the Board of Pardons and Paroles 
Rules Committee in care of Michael F. Miller, 8610 Shoal Creek Boulevard, 
Austin, Texas 78759; P.O. Box 13401, Austin, Texas 78711. 
 The repeal is proposed under Code of Criminal Procedure, Article 42.18, 
sec.8(g), which provides the Board of Pardons and Paroles with authority to 
promulgate rules consistent with the Code. 
 The Government Code, sec.2001.021 is affected by this proposed repeal. 
 
 
  sec.141.57. Petition for Adoption of Rules. 
 
  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 February 3, 1995. 
 TRD-9501397 
  Michael F. Miller 
 General Counsel 
 Texas Board of Pardons and Paroles 
    Earliest possible date of adoption: March 13, 1995 
 For further information, please call: (512) 406-5613 
         
         
  37 TAC sec.141.57 
 
  The Texas Board of Pardons and Paroles proposes new sec.141.57, concerning 
Petition for Adoption of Rules. 
 The new section is proposed to change the address to which petitions are to be 
sent since the Chairman of the Board's office is not statutorily required to be 
Huntsville, and to update the statutory reference to Government Code 
sec.2001.021 as a way of encouraging prospective petitioners to become aware of 
the relevant statutory law concerning petitions. 
 Michael F. Miller, general counsel, 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. Miller 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 
new section will be inapplicable as the public is relatively unaffected by this 
particular section. There will be no effect on small businesses. There is no 
anticipated economic cost to persons who are required to comply with the section 
as proposed. 
 Comments on the proposal may be submitted to the Board of Pardons and Paroles 
Rules Committee in care of Michael F. Miller, 8610 Shoal Creek Boulevard, 
Austin, Texas 78759; P.O. Box 13401, Austin, Texas 78711. 
 The new section is proposed under Code of Criminal Procedure, Article 42.18, 
sec.8(g), which provides the Board of Pardons and Paroles with authority to 
promulgate rules consistent with the Code. 
 The Government Code, sec.2001.021 is affected by this proposed new section. 
 
 
  sec.141.57. Petition for Adoption of Rules. 
 
  (a) Any interested person may petition the board requesting the adoption of a 
rule. 
   
  (b) The petition shall be submitted in writing, must be initially identified 
as such, and comply with the following requirements: 
 
  (1) Each rule requested must be requested by separate petition; 
   
  (2) Each petition must state the name and address of the petitioner; 
   
  (3) Each petition must be addressed to the board at its chairman's office; 
   
  (4) Each petition shall include: 
 
  (A) A brief explanation of the proposed rule; 
   
  (B) The text of the proposed rule prepared in a manner to indicate the words 
to be added or deleted in the current text, if any; 
       
  (c) After receipt of a petition by the chairman of the board, the board shall 
consider the petition at a regular meeting and thereafter shall either deny it 
in writing, stating its reason for denial, or shall initiate rulemaking 
proceedings in accordance with sec.2001.021 of the Government Code. A petition 
may be denied for failure to comply with the petition requirements of this rule. 
 
  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 February 3, 1995. 
 TRD-9501398 
  Michael F. Miller 
 General Counsel 
 Texas Board of Pardons and Paroles 
    Earliest possible date of adoption: March 13, 1995 
 For further information, please call: (512) 406-5613 
         
               Chapter 145. Parole 
  
  Parole Process 
 
  37 TAC sec.145.6 
 
  (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 Texas Board of 
Pardons and Paroles or in the Texas Register office, Room 245, James Earl Rudder 
Building, 1019 Brazos Street, Austin.) 
   
  The Texas Board of Pardons and Paroles proposes the repeal of sec.145.6, 
concerning required notice of the denial of parole. 
 The section is proposed for repeal because this change is necessary to bring 
the notification process into compliance with statutory law found at Code of 
Criminal Procedure Article 42.18 sec.(8). 
 Michael F. Miller, general counsel, 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. Miller also has determined that for each year of the first five years the 
repeal is in effect the public benefit anticipated as a result of enforcing the 
repeal will be inapplicable as the public is relatively unaffected by this 
particular section. There will be no effect on small businesses. There is no 
anticipated economic cost to persons who are required to comply with the repeal 
as proposed. 
 Comments on the proposal may be submitted to the Board of Pardons and Paroles 
Rules Committee in care of Michael F. Miller, 8610 Shoal Creek Boulevard, 
Austin, Texas 78759; P.O. Box 13401, Austin, Texas 78711. 
 The repeal is proposed under Code of Criminal Procedure, Article 42.18, 
sec.8(g), which provides the Board of Pardons and Paroles with authority to 
promulgate rules consistent with the Code. 
 The Code of Criminal Procedure, Article 42.18, sec.8 is affected by this 
proposed repeal. 
 
 
  sec.145.6. Denial of Parole. 
 
  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 February 3, 1995. 
 TRD-9501399 
  Michael F. Miller 
 General Counsel 
 Texas Board of Pardons and Paroles 
    Earliest possible date of adoption: March 13, 1995 
 For further information, please call: (512) 406-5613 
         
         
  37 TAC sec.145.6 
 
  The Texas Board of Pardons and Paroles proposes new sec.145.6, concerning 
required notice of the denial of parole. 
 The new section is proposed to bring the notification process into compliance 
with statutory law found in Code of Criminal Procedure, Article 42. 18, sec.8. 
 Michael F. Miller, general counsel, 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. Miller 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 inapplicable as the public is relatively unaffected by this 
particular section. There will be no effect on small businesses. There is no 
anticipated economic cost to persons who are required to comply with the section 
as proposed. 
 Comments on the proposal may be submitted to the Board of Pardons and Paroles 
Rules Committee in care of Michael F. Miller, 8610 Shoal Creek Boulevard, 
Austin, Texas 78759; P.O. Box 13401, Austin, Texas 78711. 
 The new section is proposed under Code of Criminal Procedure, Article 42.18, 
sec.8(g), which provides the Board of Pardons and Paroles with authority to 
promulgate rules consistent with the Code. 
 The Code of Criminal Procedure, Article 42.18, sec.8 is affected by this 
proposed new section. 
 
 
  sec.145.6. Denial of Parole. If the board or a board panel denies parole the 
inmate shall be notified in writing. 
 
  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 February 3, 1995. 
 TRD-9501400 
  Michael F. Miller 
 General Counsel 
 Texas Board of Pardons and Paroles 
    Earliest possible date of adoption: March 13, 1995 
 For further information, please call: (512) 406-5613 
         
             Chapter 149. Mandatory Supervision 
  
  Rules and Conditions of Mandatory Supervision 
 
  37 TAC sec.149.2 
 
  (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 Texas Board of 
Pardons and Paroles or in the Texas Register office, Room 245, James Earl Rudder 
Building, 1019 Brazos Street, Austin.) 
   
  The Texas Board of Pardons and Paroles proposes the repeal of sec.149.2, 
concerning restitution. The section is proposed for repeal because the 
procedures described in it are no longer required functions of the Texas Board 
of Pardons and Paroles, as these functions have been transferred to the Texas 
Department of Criminal Justice-Pardons and Paroles Division. 
 Michael F. Miller, general counsel, 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. Miller also has determined that for each year of the first five years the 
repeal is in effect the public benefit anticipated as a result of enforcing the 
repeal will be inapplicable as the public is relatively unaffected by this 
particular section. There will be no effect on small businesses. There is no 
anticipated economic cost to persons who are required to comply with the repeal 
as proposed. 
 Comments on the proposal may be submitted to the Board of Pardons and Paroles 
Rules Committee in care of Michael F. Miller, 8610 Shoal Creek Boulevard, 
Austin, Texas 78759; P.O. Box 13401, Austin, Texas 78711. 
 The repeal is proposed under the Code of Criminal Procedure, Article 42.18, 
sec.8(g), which provides the Board of Pardons and Paroles with authority to 
promulgate rules consistent with the Code. 
 The Code of Criminal Procedure, Article 42.037(h) and Article 42.18, 
sec.15(b)(2) is affected by this proposed repeal. 
 
 
  sec.149.2. Restitution; Monthly Amount; Payment; Alteration. 
 
  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 February 3, 1995. 
 TRD-9501401 
  Michael F. Miller 
 General Counsel 
 Texas Board of Pardons and Paroles 
    Earliest possible date of adoption: March 13, 1995 
 For further information, please call: (512) 406-5613 
         
                 
  TITLE 40. SOCIAL SERVICES AND ASSISTANCE 
 Part IV. Texas Commission for the Blind 
  Chapter 163. Vocational Rehabilitation Program 
  
  Subchapter E. Consumer Participation in Cost of Services 
 
  40 TAC sec.sec.163.60-163.66 
 
  The Texas Commission for the Blind proposes new sec.sec.163.60-163.66, 
concerning the commission's Vocational Rehabilitation Program. The new rules are 
the result of rewriting Chapter 163 to remove language no longer applicable and 
to reorganize the chapter into an arrangement consistent with the agency's 
federal state plan, which will allow for orderly expansion as new federal and 
commission procedures are implemented. 
 The new sections are the commission's procedures for determining a consumer's 
participation, if any, in the cost of their services. The rules in Subchapter E 
are the result of previous rulemaking and have not substantively changed in the 
recodification. 
 Pat D. Westbrook, executive director, has determined that for the first five-
year period the sections are in effect there will be no fiscal implications for 
state or local government as a result of enforcing or administering the 
sections. 
 Mr. Westbrook also has determined that for each year of the first five years 
the sections are in effect the public benefit anticipated as a result of 
enforcing the sections will be an organized rule base that conforms to federal 
requirements to assure full benefits to the state and persons receiving services 
under the program. There will be no effect on small businesses. The economic 
cost to persons who are required to comply with the rules is determined by their 
plan of services and income. 
 Questions about the content of this proposal may be directed to Jean Wakefield 
at (512) 459-2611 and written comments on the proposal may be submitted to 
Policy and Rules Coordinator, P.O. Box 12866, Austin, Texas 78711, within 30 
days from the date of this publication. 
 The new sections are proposed under the Human Resources Code, Title 5, Chapter 
91, sec.91.011(g), which authorizes the commission to adopt rules prescribing 
the policies and procedures followed by the commission in the administration of 
its programs, and 29 United States Code, 701 et seq, Title I of the 
Rehabilitation Act of 1993, as amended, which authorizes the commission to 
consider the financial need of persons for the purpose of determining the extent 
of their participation in the costs of vocational rehabilitation services. 
 The new sections affect Human Resources Code, Title 5, Chapter 91, Subchapter 
D, sec.91.021, concerning Responsibility for Visually Handicapped Persons, 
sec.91.023, concerning Rehabilitation Services, sec.91.052, concerning the 
Vocational Rehabilitation Program for the Blind, sec.91.053, concerning 
Cooperation With Federal Government, and sec.91.055, concerning Eligibility for 
Vocational Rehabilitation Services. 
 
 
  sec.163.60. Purpose of Subchapter. The purpose of this subchapter is to 
establish consumer participation in service costs to encourage the consumer's 
commitment to a vocational rehabilitation goal, to create a cooperative 
relationship between the consumer and the commission, and to maximize the 
commission's limited funds. 
 
   
  sec.163.61. Scope of Subchapter. All vocational rehabilitation services are 
subject to this subchapter except the following: 
 
  (1)  assessment for determining eligibility and priority for services, except 
for vocational rehabilitation services other than those of a diagnostic nature 
provided under an extended evaluation; 
   
  (2) assessment for determining vocational rehabilitation needs; 
   
  (3) counseling, guidance, and referral services by commission staff; 
   
  (4) employment assistance services by commission staff; 
   
  (5) training at Criss Cole Rehabilitation Center (includes transportation to 
and from the center); 
   
  (6) vocational rehabilitation teacher services (including consumable 
supplies); 
   
  (7) reader and interpreter services; 
   
  (8)  orientation and mobility services; 
   
  (9) tuition and fees; and 
   
  (10) services paid for or reimbursed by a source other than the commission. 
 
     
  sec.163.62. Definitions.  The following words and terms, when used in this 
subchapter, shall have the following meanings, unless the context clearly 
indicates otherwise. 
   
   Dependent-A person age 18 or older carried as a dependent by the parents, 
foster parents, legal guardian, or conservator for income tax purposes during 
the current tax year. 
   
   Economic Resources -Net monthly income and liquid assets. 
   
   Family-The consumer, including consumers who are minors or dependents; the 
consumer's parents or legal guardians; and all persons residing in the household 
for whom the consumer or parents or legal guardians have legal and/or financial 
responsibility. 
   
   Liquid assets-Cash, bank accounts, and stocks and bonds, including 
certificates of deposit unless it is in a retirement account recognized by the 
Internal Revenue Service, such as an IRA or a Keogh. 
   
   Minor-A person who is: 
 
  (A) adjudged legally incompetent; or 
   
  (B) under the age of 18, unmarried, and normally dependent upon parents, 
foster parents, or a legal guardian or conservator; or 
   
  (C) under the age of 18 and married, but who is not living with the spouse, 
and whose major source of income is from parents or legal guardians. 
     
   Monthly income -Income derived from: 
 
  (A) wages and salaries, after deductions for: 
 
  (i) income tax; 
   
  (ii)  social security tax; 
   
  (iii) one qualified retirement program; 
   
  (iv) health insurance premiums; and 
   
  (v)  trade or professional dues and assessments; 
     
  (B) contributions received on a regular basis from family, persons, or 
organizations; 
   
  (C)  net rentals from property; 
   
  (D) scholarships and fellowships; 
   
  (E) public assistance payments; 
   
  (F) assistance from private welfare agencies; 
   
  (G) income from stock dividends and bond interest; 
   
  (H) income from child support payments; 
   
  (I) income from self-employment, which is defined as gross receipts, minus 
allowable Internal Revenue Service expenses, from one's own business which 
results in income. Gross receipts include the value of all goods sold and 
services rendered. Expenses include the cost of goods purchased, rent, 
utilities, wages and salaries paid, and business taxes (not personal income 
taxes or self-employment social security taxes); 
   
  (J) any available pension or insurance, including Social Security Disability 
Income (SSDI); health/hospitalization insurance plans; workers' compensation; 
veterans' benefits; Old Age and Survivors Insurance (OASI) from the Social 
Security Administration; labor union insurance and/or health and welfare 
benefits; and unemployment compensation; and 
   
  (K) participation in savings plans. 
     
   Net monthly income-Monthly income, less allowed adjustments described in 
sec.163.65 of this title (relating to Allowed Adjustments to Calculate Net 
Monthly Income). 
 
   
  sec.163.63. General Procedures. 
 
  (a) The commission informs applicants of the rules on consumer participation 
in the cost of services upon application. 
   
  (b) All applicants and consumers, regardless of their economic resources, are 
asked if they can pay for any part of their rehabilitation program. 
   
  (c) Participation in the cost of services is determined after the eligibility 
requirements contained in sec.163.11 of this title (relating to Eligibility) and 
order of selection criteria contained in Subchapter D of this title (relating to 
Order of Selection for Payment of Services) have been applied and approved. 
   
  (d) Participation in the cost of services is determined by the economic 
resources of all persons meeting the definition of family. 
   
  (e) The purchase of occupational tools and sophisticated technological 
equipment cannot always be anticipated before a consumer is employed. If special 
equipment needs are discovered after the consumer starts to work and without the 
equipment the consumer's job would be verifiably in jeopardy, consumer 
participation in the cost of purchase is based on the level of participation 
immediately preceding employment. 
   
  (f)  Economic resources are evaluated at least annually or at any time the 
commission is purchasing a service and the commission has reason to believe the 
family's economic status has changed. 
   
  (g) The commission reserves the right through the executive director to waive 
any requirement under this subchapter. 
 
     
  sec.163.64. Maximum Allowable Amount. 
 
  (a) Economic resources in excess of the amount allowed by the commission must 
be used to pay for the cost of vocational rehabilitation services. Maximum 
allowable amounts are contained in an Economic Resources Table available at any 
commission office and may be obtained in accordance with sec.163.3 of this title 
(relating to Public Access to Forms and Documents). 
   
  (b) The maximum allowable amount may fluctuate according to relevant factors, 
such as established federal and state poverty levels, the funds available to the 
commission for services, and the number of persons meeting the definition of 
family. 
 
     
  sec.163.65. Allowed Adjustments to Calculate Net Monthly Income.  It is not 
the intent of the commission to impose a financial hardship upon a family; 
therefore, monthly income is adjusted to net monthly income by subtracting the 
following: 
 
  (1) rent or home mortgage payments; 
   
  (2) medical payments as a result of disability and/or illness of family 
member; 
   
  (3) prescribed family medications and diets; and 
   
  (4) family obligations imposed by court order. 
 
     
  sec.163.66. Refusal to Disclose Economic Resources.  Applicants and persons 
included in the definition of family have the right to not disclose their 
economic resources. When this information is not disclosed, economic resources 
are determined by the commission to be in excess of the allowable amounts. 
 
  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 February 6, 1995. 
 TRD-9501498 
  Pat D. Westbrook 
 Executive Director 
 Texas Commission for the Blind 
    Earliest possible date of adoption: March 13, 1995 
 For further information, please call: (512) 459-2611