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 XIX. Polygraph Examiner Board Chapter 391. Polygraph Examiner Internship 22 TAC sec.391.3 The Polygraph Examiners Board adopts an amendment to sec.391.3, concerning the internship training schedule, without changes to the proposed text as published in the May 12, 1995, issue of the Texas Register (20 TexReg 3548). The amendment is adopted so that the polygraph industry will be more closely regulated in areas that the Board determines to be critical. This section will function by insuring that only qualified polygraph examiners will attain licensure. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 4413(29cc), which provide the Polygraph Examiners Board with the authority to regulate persons who purport to be able to detect deception or to verify truth of statements through the use of instrumentation. 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 June 15, 1995. TRD-9507384 Bryan M. Perot Executive Director Polygraph Examiners Board Effective date: July 7, 1995 Proposal publication date: May 12, 1995 For further information, please call: (512) 465-2058 TITLE 31. NATURAL RESOURCES AND CONSERVATION Part X. Texas Water Development Board Chapter 363. Financial Assistance Programs Subchapter B. State Water Pollution Control Revolving Fund The Texas Water Development Board (board) adopts the repeal of sec.363.203, concerning Eligibility Determination; amendment to sec.363.241, concerning Release of Funds for Building; and new sec.363.510, concerning Required Sewer Connections, without changes to the proposed text as published in the May 12, 1995, issue of the Texas Register (20 TexReg 3562). Amendment to sec.363.241 will require that an applicant for State Water Pollution Control Revolving Fund (SRF) funding must submit a project that is consistent with plans, if any, developed under the Clean Water Act, sec.sec.205(j), 208, 303(e), 319, or 320, which apply to the project receiving the financial assistance. The existing rules require that the applicant be designated a waste treatment management agency under the Clean Water Act rather than just having plans consistent with the Act. This requirement was more restrictive than the Clean Water Act requirements and unnecessarily limited the use of the SRF. The amendment eliminates this restriction, instead allowing the Board to finance projects consistent with programs for water quality management planning, nonpoint source pollution, and estuaries as developed under the Clean Water Act. The proposed repeal of sec.363.203 will delete the requirement that an applicant have submitted documentation for designation as a waste treatment management agency to be eligible for funding. The effect of this, combined with amendment to sec.363.241, will be to shift consideration of a project's consistency with the State water quality planning from the time of commitment to the time of release of funds. New sec.363.510 will require that any applicant receiving financial assistance from the board under the Economically Distressed Areas Program for construction of wastewater service shall exercise the authority granted to the applicant pursuant to Texas Water Code, sec.17.934, by requiring any property owners that are to be served by the applicant's wastewater system improvement to connect to such service. No comments were received regarding adoption of the sections. Introductory Provisions 31 TAC sec.363.203 The repeal is adopted under the Texas Water Code, sec. sec.6.101, 15.065, and 16.342, which requires the board to adopt rules that are necessary to carry out the program provided by Water Code, Subchapter K, Chapter 17 and to adopt rules for the SRF. 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 June 16, 1995. TRD-9507337 Craig D. Pedersen Executive Administrator Texas Water Development Board Effective date: July 7, 1995 Proposal publication date: May 12, 1995 For further information, please call: (512) 463-7981 Closing and Construction Phase 31 TAC sec.363.241 The amendment is adopted under the Texas Water Code, sec. sec.6.101, 15.065, and 16.342, which requires the board to adopt rules that are necessary to carry out the program provided by Water Code, Subchapter K, Chapter 17 and to adopt rules for the SRF. 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 June 16, 1995. TRD-9507338 Craig D. Pedersen Executive Administrator Texas Water Development Board Effective date: July 7, 1995 Proposal publication date: May 12, 1995 For further information, please call: (512) 463-7981 Subchapter E. Economically Distressed Areas Program Economically Distressed Areas 31 TAC sec.363.510 The new section is adopted under the Texas Water Code, sec.sec.6.101, 15.065, and 16.342, which requires the board to adopt rules that are necessary to carry out the program provided by Water Code, Subchapter K, Chapter 17 and to adopt rules for the SRF. 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 June 16, 1995. TRD-9507339 Craig D. Pedersen Executive Administrator Texas Water Development Board Effective date: July 7, 1995 Proposal publication date: May 12, 1995 For further information, please call: (512) 463-7981 Chapter 375. State Water Pollution Control Revolving Fund The Texas Water Development Board (board) adopts the repeal of sec.375.11, concerning Eligibility Determination; and amendments to sec.375.72, concerning Loan Closing and sec.375.74, concerning Release of Funds, without changes to the proposed text as published in the May 12, 1995, issue of the Texas Register (20 TexReg 3563). Amendment to sec.375.74 will require that before funds are released for building purposes, a recipient of a State Water Pollution Control Revolving Fund (SRF) loan must submit documentation that the project is consistent with plans, if any, developed under the Clean Water Act, sec.sec.205(j), 208, 303(e), 319, or 320, which apply to the project receiving financial assistance. The existing rule requires the applicant be designated a waste treatment management agency under the Clean Water Act, rather than just having plans consistent with the appropriate provisions of such act. This requirement was more restrictive than the Clean Water Act, and unnecessarily limited the use of the SRF. The amendment to sec.375.74 eliminates this restriction, instead allowing the Board to finance projects consistent with programs for water quality development under the Clean Water Act. Current sec.375.72 requires loan recipients to provide proof of designated management agency status before loan closing. The amendment proposed to sec.375.74 provide all needed assurances to comply with the Clean Water Act at the most appropriate time-release of funds for building purposes. Therefore, amendment to sec.375.72 will remove all requirements for providing evidence regarding designated waste management agency status at the loan closing stage. The proposed repeal of sec.375.11 will delete the requirement that an applicant be a designated waste management agency to be eligible for funding. The effect of this, combined with amendments to sec.375.72 and sec.375.74 will be to shift the requirement that a project be consistent with the state water quality planning from the time of commitment to the time of release of funds. No comments were received regarding adoption of the sections. Program Requirements 31 TAC sec.375.11 The repeal is adopted under the authority of Texas Water Code, sec.6.101 and sec.15.605, which requires the board to adopt rules necessary to carry out the powers and duties of the board provided by Texas Water Code, and adopt rules for the State Water Pollution Control Revolving Fund. 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 June 16, 1995. TRD-9507341 Craig D. Pedersen Executive Administrator Texas Water Development Board Effective date: July 7, 1995 Proposal publication date: May 12, 1995 For further information, please call: (512) 463-7981 Prerequisites to Release of Funds 31 TAC sec.375.72, sec.375.74 The amendments are adopted under the authority of Texas Water Code, sec.6. 101 and sec.15.605, which requires the board to adopt rules necessary to carry out the powers and duties of the board provided by Texas Water Code, and adopt rules for the State Water Pollution Control Revolving Fund. 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 June 16, 1995. TRD-9507340 Craig D. Pedersen Executive Administrator Texas Water Development Board Effective date: July 7, 1995 Proposal publication date: May 12, 1995 For further information, please call: (512) 463-7981 TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part III. Texas Youth Commission Chapter 91. Discipline and Control Due Process Hearings Procedures 37 TAC sec.91.31, sec.91.33 The Texas Youth Commission (TYC) adopts amendments to sec.91.31 and sec.91. 33, concerning Level I hearing procedure and Level II hearing procedure, without changes to the proposed text as published in the May 16, 1995, issue of the Texas Register (20 TexReg 3632). The justification for amending the sections is to provide more efficient due process hearings procedures. The amendment to sec.91.31 will add that the Level I hearing procedure is appropriate due process for a TYC youth's placement for protective custody for treatment to the intensive resocialization unit at Giddings State School, or to the TYC aggression intervention and management unit at Corsicana Residential Treatment Center in Corsicana. Amendments also allow a youth to be excluded from his Level I hearing if the youth's presence causes undue disruption or delay. The amendment to sec.91.33 will add that the Level II hearing procedure is in some cases the appropriate due process for a TYC youth's placement at the TYC aggression intervention and management unit at the Corsicana Residential Treatment Center in Corsicana. No comments were received regarding adoption of the amendments. The amendments are adopted under the Human Resources Code, sec.61.034, which provides the Texas Youth Commission with the authority to make rules appropriate to the proper accomplishment of its functions. The proposed amendments implement the Human Resource Code, sec.61.034. 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 June 16, 1995. TRD-9507420 Steve Robinson Executive Director Texas Youth Commission Effective date: July 7, 1995 Proposal publication date: May 16, 1995 For further information, please call: (512) 483-5244