ADOPTED RULES An agency may take final action on a section 30 days after a proposal has been published in the Texas Register. The section becomes effective 20 days after the agency files the correct document with the Texas Register, unless a later date is specified or unless a federal statute or regulation requires implementation of the action on shorter notice. If an agency adopts the section without any changes to the proposed text, only the preamble of the notice and statement of legal authority will be published. If an agency adopts the section with changes to the proposed text, the proposal will be republished with the changes. TITLE 22. EXAMINING BOARDS Part XXX. Texas State Board of Examiners of Perfusionists Chapter 761. Perfusionists 22 TAC sec.sec.761.1-761.13, 761.15-761.19 The Texas State Board of Examiners of Perfusionists adopts new sec.sec.761. 1- 761.13 and 761.15-761.19, concerning requirements for registration as a licensed perfusionist and provisional licensed perfusionist, without changes to the proposed text as published in the January 31, 1995, issue of the Texas Register (20 TexReg 544). The new sections establish requirements for registration as a licensed perfusionist and provisional licensed perfusionist; define terms; set standards and fees for licensure; establish procedures for licensure and examination; and provide procedures for denial, revocation, or suspension of a license. The new sections provide a means by which the public can identify providers of perfusion services that meet minimum standards of competence. No comments were received regarding adoption of the new sections. However, staff noted that in the proposed preamble the statutory authority and the cross- reference to statute incorrectly referenced Texas Civil Statutes, Article 4512e, sec.7; the correct reference should have been Texas Civil Statutes, Article 4529e, sec.7. The new sections are adopted under Texas Civil Statutes, Article 4529e, sec.7, which provide the Texas State Board of Examiners of Perfusionists with the authority to adopt rules concerning the regulations and licensure of perfusionists. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on March 28, 1995. TRD-9503772 Susan K. Steeg General Counsel Texas State Board of Examiners of Perfusionists Effective date: April 18, 1995 Proposal publication date: January 31, 1995 For further information, please call: (512) 458-7236 TITLE 31. NATURAL RESOURCES AND CONSERVATION Part I. General Land Office Chapter 13. Land Resources Special Board of Review Hearings 31 TAC sec.sec.13.30-13.38 The Texas General Land Office adopts sec.sec.13.30-13.38, concerning procedures for conducting public hearings before a special board of review. Sections 13.30-13.35 are adopted with minor changes to the proposed text as published in the February 24, 1995, issue of the Texas Register (20 TexReg 1327). Sections 13.36-13.38 are adopted without changes and will not be republished. Sections 13.30-13.38 are being adopted in order to establish procedural guidelines for efficient and timely hearings to expedite the development of state-owned real property assets. The special board of review appeal process allows for effective development of the state's resources and prevents local regulations from obstructing or precluding such development. Also, special board of review hearings provide a flexible and expedient method of revising development plans to correspond with economic, cultural, political, and financial changes. The hearings process promotes compromise and cooperation between state agencies/institutions and local government. In addition to editorial changes made in sec.sec.13.30-13.35, 13.30 and 13.31 are amended to clarify the rule by referencing definitions contained in the rule and sec.13.33(b)(4) and sec.13.34(b) are amended to reference statutory law from which the rule text was adopted. Due to this adopted action, procedures are established for orderly and efficient consideration of development plans and local government denial of requests for rezoning, variance and other relief. This rule provides guidelines to ensure that the public has notice of board meetings and hearings, that board orders will be binding and effective, and that the hearings process is utilized only when necessary to enhance state resource development. No comments were received regarding adoption of the new sections. The new sections are adopted under the Texas Natural Resources Code, Chapter 31, sec.31.166(b), which authorizes the General Land Office to promulgate rules for conducting hearings before the special board of review. sec.13.30. Scope. These rules shall govern the procedures for conducting public hearings before the special board of review (as defined in sec.13.31 of this title (relating to Terms). sec.13.31. Terms. The following words, terms and phrases, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. Board-The special board of review, chaired by the Commissioner of the General Land Office, consisting of the members of the School Land Board; the chairperson of the governing board of the agency or institution possessing the property; the mayor of the city or town within the corporate boundaries or extraterritorial jurisdiction of which the property is located, if the property is located within a city or town; and the county judge of the county within which the property is located. If the property is owned by the permanent school fund, the board shall consist of the members of the School Land Board and the local officials, with the commissioner of the General Land Office serving as chairperson. Development plan -A plan, promulgated by a local government or by the division (as defined in this section) in accordance with Texas Natural Resources Code, sec.31.161, to conserve and enhance the value of land belonging to the state, taking into consideration the preservation of the health, safety, and general welfare of the communities in which the property is situated. Division-The Asset Management Division of the Texas General Land Office. Emergency or urgent public necessity-Circumstances in which immediate board action is required because of an imminent threat to public health or safety, or a reasonably unforeseeable situation. Order-Official action by the board with regard to a development plan. Political subdivision -A county, public school district, or special-purpose district or authority. Property-Real property, owned or held in trust by the state, for which a development plan has been proposed or promulgated. sec.13.32. Applicability of Rules. (a) The provisions of any rule referring to the board shall be construed to apply to the members of the board (including the chairperson) if the matter is within the jurisdiction of the board. Unless otherwise provided by law, any duty imposed on the board, the chairperson, or the division may be delegated to a duly authorized representative. In such case, the provisions of any rule referring to the board, the chairperson, or the division shall be construed to also apply to the duly authorized representative(s). (b) The provisions of any rule referring to a development plan shall be construed to apply to any revision or modification of a development plan. sec.13.33. Requests for Board Hearings. (a) A person may request a board hearing to: (1) appeal the denial by a local government of a request for rezoning, variance, or other relief; and/or (2) request the board to consider or revise a development plan or order. (b) A person shall submit a hearing request in writing to the board chairperson and shall include in that request: (1) the name, address, and telephone number of the party filing the hearing request and the name(s), address(es), and telephone number(s) of representatives (such as the name of legal counsel, agents, corporate representatives, etcetera) and/or other interested parties, if known; (2) a concise statement of the facts and circumstances upon which board review is requested; (3) a concise statement of the specific relief sought; and (4) a brief description of any exigent or emergency circumstances requiring an emergency hearing, as provided for in the Texas Open Meetings Act, Government Code, Chapter 551, sec.551.045. (c) Within ten days following receipt of such request, the board chairperson shall send copies of such request to all other board members. If, after receiving such request, three or more board members request a hearing by notice in writing to the board chairperson, a hearing shall be scheduled within 60 days following the date the board members' hearing requests were received by the board chairperson. sec.13.34. Notice. (a) The board shall provide notice of the date, hour, place, and subject of each hearing. (b) In accordance with the Texas Open Meetings Act, Government Code, Chapter 551, notice shall be filed with the secretary of state and posted at a place readily accessible to the general public at all times for at least seven days before the scheduled time of the hearing, except in an emergency or when there is an urgent public necessity, in which case the notice of a hearing is sufficient if posted for at least two hours before the hearing is convened and clearly identifies the emergency or urgent public necessity. Special notice of emergency hearings must be provided to the news media, in accordance with the Texas Open Meetings Act, Government Code, Chapter 551, sec.551.047. (c) The board shall provide written notice to any political subdivision in which the property is located at least 14 days prior to a board hearing. sec.13.35. Hearings. (a) The board shall conduct one or more public hearings to consider or revise a development plan or order. If the property is located in more than one city or town, the hearing(s) on any single tract of land may be combined. At least one hearing shall be conducted in the county where the property is located. Any board hearing shall be open to the public in accordance with the Texas Open Meetings Act, Government Code, Chapter 551, sec.sec.551.001 et seq, and the board shall conduct all hearings in accordance with sec.sec.1.66-1.78 of this title (relating to Procedures for Hearings). For purposes of sec.sec.1.66-1.78 of this title (relating to Procedures for Hearings), the term "hearing officer" means the board chairperson or the duly authorized representative of the board chairperson. (b) Hearings of the board shall not be considered a contested case proceeding under the Administrative Procedure Act, Government Code, Chapter 2001, sec.sec.2001.001 et seq, and shall not be subject to appeal thereunder. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on March 29, 1995. TRD-9503787 Garry Mauro Commissioner General Land Office Effective date: April 19, 1995 Proposal publication date: February 24, 1995 For further information, please call: (512) 305-9129 TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part VI. Texas Department of Criminal Justice Chapter 157. State Jail Felony Facilities Subchapter B. Operational Standards 37 TAC sec.157.31 The Texas Department of Criminal Justice adopts an amendment to sec.157.31, concerning use of a facility for a transfer facility, with a change to the proposed text as published in the January 24, 1995, issue of the Texas Register (20 TexReg 329). The amendment adds a new subsection (c) which provides that "the TBCJ delegates to the State Jail Division Director the authority to designate all of, or any semi-autonomous housing unit within, any facility designed as a state jail to be used for housing transfer inmates." The amendment enhances public safety due to the efficient regulation of a comprehensive system of confinement of convicted felons in state-run facilities. One comment was received from a Judge in Jefferson County concerning "amending the standard to provide that transfer inmates can be housed in Mode 2 facilities only as a last resort, and that even when that occurs, only non violent inmates will be placed there." The Department has reviewed the comment and in response has incorporated subsection (d) into the amendment to further clarify the rule. The amendment is adopted under the Government Code, sec.507.006, which allows state jails to be used for transfer inmates, and the Government Code, sec.492.013, which gives the Board of Criminal Justice the authority to adopt rules. sec.157.31. Use of Facility for Transfer Inmates. (a)-(b) (No change.) (c) The TBCJ delegates to the State Jail Division Director the authority to designate all of, or any semi-autonomous housing unit within, any facility designed as a state jail to be used for housing transfer inmates. (d) The State Jail Division shall comply with Board Policy governing the housing of transfer facility inmates in state jails. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on March 25, 1995. TRD-9503765 Carl Reynolds General Counsel Texas Department of Criminal Justice Effective date: April 18, 1995 Proposal publication date: January 24, 1995 For further information, please call: (512) 463-9693 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part XVI. Council on Sex Offender Treatment Chapter 511. Criminal Background Check Security 40 TAC sec.sec.511.1-511.4 The Council on Sex Offender Treatment adopts amendments to sec.sec.511.1-511. 4, concerning the access to criminal history records that related to an applicant of the REGISTRY and maintained by the Department of Public Safety or Federal Bureau of Investigation, without changes to the proposed text as published in the November 4, 1994, issue of the Texas Register (19 TexReg 8757). This rule defines access to criminal history records related to applicants and providers of the Registry. No comments were received regarding adoption of the amendments. The amendments are adopted under Texas Civil Statutes, Article 4413(15), 13 and 15, which provide the Council on Sex Offender Treatment with the authority to establish and maintain a registry, conduct criminal background checks on applicants to the registry or providers in the Registry. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on March 27, 1995. TRD-9503761 Eliza May Executive Director Council on Sex Offender Treatment Effective date: April 18, 1995 Proposal publication date: November 4, 1994 For further information, please call: (512) 463-2323