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 16. ECONOMIC REGULATION 
 Part III. Texas Alcoholic Beverage Commission 
  Chapter 33. Licensing 
  
  License and Permit Surcharges 
 
  16 TAC sec.33.24 
 
  The Texas Alcoholic Beverage Commission proposes new sec.33.24, concerning 
conduct surety bonds. New sec.11.11 and sec.61.13 of the Alcoholic Beverage Code 
added additional bonding requirements to certain licenses and permits. 
 Jeannene Fox, Director of Licensing and Compliance, 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. 
 Ms. Fox also has determined that for each year of the first five years the 
section as proposed is in effect, the public benefit anticipated as a result of 
enforcing the section will be extra incentive to permittees and licensees to 
comply with the Alcoholic Beverage Code. The anticipated cost of compliance with 
the section for small businesses will be the cost of the bond or its equivalent. 
The possible economic cost to persons who are required to comply with the 
section as proposed will be cost of the bond provided by statute in each year 
required. 
 Comments on the proposal may be submitted to Lou Bright, General Counsel, P. O. 
Box 13127, Austin, Texas 78711, (512) 206-3204. 
 The new section is proposed under the Alcoholic Beverage Code, sec.5.31, which 
provides the Texas Alcoholic Beverage Commission with the authority to prescribe 
and publish rules necessary to carry out the provision of the Alcoholic Beverage 
Code. 
 The new section affects the Alcoholic Beverage Code, sec.11.11(c) and sec.61. 
13(c). 
 
 
  sec.33.24. Conduct Surety Bond. 
 
  (a) A bond required under the Alcoholic Beverage Code, Texas Civil Statutes, 
sec.11.11 and sec.61.13, must be executed only on forms prescribed by this 
agency with the licensee or permittee as principal, a qualified surety company 
doing business in this state as surety and the state as payee. 
   
  (b) All bonds of permittees and licensees shall be payable in Travis county. 
   
  (c) A separate surety, in the amount of $5,000 or $10,000, shall be obtained, 
submitted and maintained for each license or permit as set out in the Alcoholic 
Beverage Code, sec.11.11 and sec.61.13. 
   
  (d) If certificates of deposit, savings accounts or letters of credit are 
furnished, the administrator or his designee shall keep them in his possession. 
Interest earned on a certificate of deposit or savings account is not subject to 
the assignment and remains the property of the owner of the certificate of 
deposit or savings account. 
   
  (e) A certificate of deposit or savings account furnished by a licensee or 
permittee must be assigned to the state, in a manner approved by the 
administrator or his designee, to secure payment to the state. 
   
  (f) A letter of credit furnished by a licensee or permittee, under this rule, 
must be on a form approved by the administrator or his designee and contain any 
conditions required by the administrator to secure payment to the state. 
   
  (g) The surety bond, assignment of certificate of deposit, savings account, or 
letter of credit may be continuous in nature and must cover the minimum time 
required of the applicant to qualify for exemption from the surety imposed by 
the Alcoholic Beverage Code, sec.11.11 and sec.61.13. 
   
  (h) Qualifications of Surety. 
 
  (1) A surety company, to qualify to provide bonds under this rule, must be 
licensed by this state and in "good standing" with the State Board of Insurance, 
Comptroller of Public Accounts, Secretary of State and any other regulatory 
agencies with jurisdiction over its affairs. 
   
  (2) A bank, savings institution or credit union, in addition to the 
requirements of the Alcoholic Beverage Code, sec.11.11 and sec.61.13, must have 
a physical facility in this state to accept cash deposits, make cash advances to 
customers and carry out day-to-day operations within this state. 
     
  (i) Submission of Security. 
 
  (1) An applicant for an original or renewal license or permit must submit, at 
the time of their application, the security as prescribed by the Alcoholic 
Beverage Code, sec.11.11 and sec.61.13, and meet the requirements of this rule. 
   
  (2) Failure to submit the necessary surety in proper form will result in the 
denial of the application. 
     
  (j) License/Permit Cancelled or Suspended. 
 
  (1) If a license or permit is cancelled by the commission or a suspension has 
been imposed and no appeal is pending, the commission shall notify the surety 
company, bank, savings institution or credit union to remit to the state the 
amount of surety required within ten days after notification. 
   
  (2) The commission may institute action in its own name, for the benefit of 
the state, on the surety supporting the bond, and against the bank, savings 
institution or credit union, as set forth in the Alcoholic Beverage Code, 
sec.11.70, to recover the security. 
     
  (k) Release of Surety. 
 
  (1) A surety company may terminate liability by giving the proper 30 day 
written notice, as provided in the Alcoholic Beverage Code, sec.11.71. 
   
  (2) Grounds for termination of a permit/license upon termination of liability 
by surety is the same as provided in the Alcoholic Beverage Code, sec.11.71. 
   
  (3) Upon expiration of the license or permit, its voluntary cancellation, or 
upon the applicant's subsequent approval for exemption from the surety 
requirement, the licensee or permittee may request the release and return of the 
security supporting their license or permit. 
   
  (4) The release of this security will not be unreasonably withheld; however, 
the surety company, bank, savings institution or credit union is not released 
from its obligation until they receive written notice of the release from this 
agency. 
 
  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 June 23, 1995. 
 TRD-9507665 
  Doyne Bailey 
 Administrator 
 Texas Alcoholic Beverage Commission 
    Earliest possible date of adoption: July 31, 1995 
 For further information, please call: (512) 206-3204 
         
                 Chapter 50. Alcohol Awareness and Education 
  
  16 TAC sec.50.9 
 
  The Texas Alcoholic Beverage Commission proposes an amendment to sec.50.9 
concerning exemptions from certain administrative actions. The amendment 
clarifies when, and under what circumstances, licensees and permittees can claim 
exemption from administrative actions under the Texas Alcoholic Beverage Code, 
sec.106.14. 
 Lou Bright, General Counsel, has determined that for the first five year period 
these amendments are in effect there will be no fiscal implications for state or 
local government as a result of enforcing or administering this section. 
 Mr. Bright also has determined that these proposed amendments will benefit the 
public in that enforcement of the Texas Alcoholic Beverage Code provisions will 
be enhanced by greater efficiency and certainty of application. There will be no 
effect on small businesses. There is no increased economic cost to persons 
required to comply with the sections as proposed. 
 Comments should be submitted to Lou Bright, General Counsel, Texas Alcoholic 
Beverage Commission, P.O. Box 13127, Austin, Texas 78711-3127. 
 These amendments are proposed under the authority of sec.5.31 of the Texas 
Alcoholic Beverage Code. 
 Section 106.04 of the Texas Alcoholic Beverage Code is affected by this 
proposed amendment. 
 
 
  sec.50.9. Licensee/Permittee Exemption from Administrative Action. 
 
  <nl>(a) The commission shall require each licensee/permittee who claims 
exemption from administrative action under the Texas Alcoholic Beverage Code, 
sec.106.14, to produce evidence by affidavit indicating that the 
licensee/permittee met the three criteria outlined in sec.106.14(a). 
   
  <nl>(b) The licensee/permittee shall not be deemed to require its employees to 
attend a commission approved seller-server training program unless employees are 
required to attend such program within thirty days of their initial employment. 
The administrator or his designee may relax the requirements of this paragraph 
in individual cases for good cause shown by the licensee/permittee claiming 
exemption. 
   
  <nl>(c) Proof by the commission that an employee or agent of a 
licensee/permittee sold, delivered or served alcoholic beverages to a minor or 
intoxicated person, or allowed consumption of same by a minor or intoxicated 
person, more than twice within a twelve month period, shall constitute prima 
facie evidence that the licensee/permittee has directly or indirectly encouraged 
violation of the relevant laws. 
 
  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 June 26, 1995. 
 TRD-9507714 
  Doyne Bailey 
 Administrator 
 Texas Alcoholic Beverage Commission 
    Earliest possible date of adoption: July 31, 1995 
 For further information, please call: (512) 206-3204 
         
                 
  TITLE 22. EXAMINING BOARDS 
 Part XII. Board of Vocational Nurse Examiners 
  Chapter 231. Administration 
  
  Definitions 
 
  22 TAC sec.231.1 
 
  The Board of Vocational Nurse Examiners proposes an amendment to sec.231.1, 
relating to definitions of language as used in the Rules and Regulations. The 
rule is amended to remove the reference to deadline under Hardship, to delete 
the definition of Sponsorship as it is no longer required and to identify and 
define the national examination. 
 Marjorie A. Bronk, executive director, 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. 
 Mrs. Bronk 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 removal of the deadline for submitting hardship information, 
removal of the requirement for sponsorship for endorsement applicants and a 
definition of the National Council Licensure Examination. 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(h) , 
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.231.1. Definitions.  The following words and terms, when used throughout 
this manual, shall have the following meanings, unless the context clearly 
indicates otherwise. 
   
   Hardship-A circumstance which results in failure to meet <nl>board 
requirements for examination<ol> [the National Examination application deadline] 
due to natural disaster, personal illness, injury, or medical emergency of self 
or immediate family, death in immediate family or other extraordinary 
circumstances. 
   
   [Sponsorship-To qualify for a temporary license as a licensed vocational 
nurse by endorsement, the applicant must submit to the Board notice of 
employment by the holder of a Texas professional license under whom the 
applicant will practice.] 
   
  <nl>   National Council Licensure Examination for Practical Nurses (NCLEX-PN)-
The practical/vocational nurse licensure examination developed by the National 
Council of State Boards of nursing, Inc., and Used for licensure by those 
jurisdictions whose boards of nursing are National Council members. 
 
  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 June 19, 1995. 
 TRD-9507481 
  Marjorie A. Bronk, R.N., M.S.H.P. 
 Executive Director 
 Board of Vocational Nurse Examiners 
    Earliest possible date of adoption: July 31, 1995 
 For further information, please call: (512) 835-2071 
         
             Chapter 233. Education 
  
  General Provisions 
 
  22 TAC sec.233.1 
 
  The Board of Vocational Nurse Examiners proposes an amendment to sec.233.1, 
relating to Definitions of language as used in the Rules and Regulations. This 
rule is being amended to address essential competencies. 
 Marjorie A. Bronk, executive director, 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. 
 Mrs. Bronk 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 clear definitions of Entry-level Competencies and Essential 
Competencies. 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(h) , 
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.233.1. Definitions.  The following words and terms, when used in this 
chapter, shall have the following meanings, unless the context clearly indicates 
otherwise. 
   
   Entry-level Competencies -Describe the desirable behaviors exhibited by 
graduates of vocational nursing programs and are in accord with statutes 
governing nursing care and are <nl>based on the Essential Competencies.<ol> 
[loosely organized under the format of assessment, planning, implementation and 
evaluation] 
   
  <nl>   Essential Competencies -The expected educational outcomes to be 
demonstrated by nursing students at the time of graduation, as published in 
Nursing Education Advisory Committee, Report Volume I: Essential Competencies of 
Texas Graduates of Education Programs in Nursing, March 1993, as amended. 
 
  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 June 19, 1995. 
 TRD-9507482 
  Marjorie A. Bronk, R.N., M.S.H.P. 
 Executive Director 
 Board of Vocational Nurse Examiners 
    Earliest possible date of adoption: July 31, 1995 
 For further information, please call: (512) 835-2071 
         
           
  Operation of a Vocational Nursing Program 
 
  22 TAC sec.233.12, 233.21 
 
  The Board of Vocational Nurse Examiners proposes amendments to sec.233.12, 
relating to Controlling Agency; and sec.23.21, relating to Director. The 
amendment of sec.233.12 is proposed for consistency and to specify the two state 
education agencies that are involved with credentialing director/faculty. The 
amendment of sec.233.21 reflects the January 1995 change in agency procedure 
requiring program directors to issue temporary permits to eligible graduates of 
Texas VN programs. 
 Marjorie A. Bronk, 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. 
 Mrs. Bronk 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 consistency and clarity of the rules. 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 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 amendments are proposed under Texas Civil Statutes, Article 4528c, 
sec.5(h), 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.233.12. Controlling Agency. <ol> The controlling agency shall: 
 
  (1)-(2) (No change.) 
   
  (3) Select and appoint a qualified <nl>registered <ol> [licensed] director for 
the program who <nl>meet the requirements of the board and appropriate state 
education accrediting agencies (Texas Education Agency or Texas Higher Education 
Coordinating Board)<ol>. [will be agreeable to the board and other allied 
agencies.] 
   
  (4)-(7) (No change.) 
 
     
  sec.233.21. Director. 
 
  (a)-(b) (No change.) 
   
  (c) Responsibilities-The director shall: 
 
  (1)-(4) (No change.) 
   
  (5) distribute the Application for Licensure and Application for Examination 
forms to <nl>students<ol> [graduates]. 
   
  (6) have sole responsibility for certifying on a Director Affidavit, provided 
by the Board, that each graduate who is an applicant for licensure by 
examination has: 
 
  (A)-(B) (No change.) 
   
  (C) <nl>holds a high school diploma issued by an accredited secondary school 
or equivalent credentials as established by the General Education Development 
Equivalency Text (GED).<ol> [had at least two years of high school or its 
equivalent as established by the General Education Equivalency Test.] 
   
  (D) (No change.) 
     
  (7)-(8) (No change.) 
   
  <nl>(9) as agency for the board, issues temporary permits to eligible 
graduates upon program completion. 
 
  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 June 19, 1995. 
 TRD-9507483 
  Marjorie A. Bronk, R.N., M.S.H.P. 
 Executive Director 
 Board of Vocational Nurse Examiners 
    Earliest possible date of adoption: July 31, 1995 
 For further information, please call: (512) 835-2071 
         
               
  Approval of Programs 
 
  22 TAC sec.233.42 
 
  The Board of Vocational Nurse Examiners proposes an amendment to sec.233. 42, 
relating to Factors Jeopardizing School Approval. The rule is amended as the 
term "writers" is obsolete since the paper and pencil examination was 
discontinued in April 1994 and the NCLEX-PN computer adaptive examination is now 
given. 
 Marjorie A. Bronk, executive director, 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. 
 Mrs. Bronk 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 clarity of the rule. 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(h) , 
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.233.42. Factors Jeopardizing School Approval. Approval may be reduced to 
conditional status or withdrawn for the following reasons: 
 
  (1)-(8) (No change.) 
   
  (9) failure to maintain a 75% passing rate on the licensing examination by 
first time <nl>candidates<ol> [writers]. 
   
  (10)-(12) (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 June 19, 1995. 
 TRD-9507484 
  Marjorie A. Bronk, R.N., M.S.H.P. 
 Executive Director 
 Board of Vocational Nurse Examiners 
    Earliest possible date of adoption: July 31, 1995 
 For further information, please call: (512) 835-2071 
         
             
  Vocational Nursing Education Standards 
 
  22 TAC sec.233.58 
 
  The Board of Vocational Nurse Examiners proposes an amendment to sec.233. 58, 
relating to Curriculum Requirements. The amendment is made to encompass the 
essential competencies. 
 Marjorie A. Bronk, executive director, 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. 
 Mrs. Bronk also has determined that for each year of the first five years the 
section is in effect there is no public benefit anticipated as a result of 
enforcing the 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 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(h) , 
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.233.58. Curriculum Requirements. 
 
  (a) (No change.) 
   
  (b) Framework. The philosophy shall be the basis for curriculum development 
and shall reflect the purpose of the organization, faculty beliefs, and 
educational concepts. Terminal learning objectives derived from the philosophy 
shall be representative of the <nl>Essential Competencies<ol> [competencies] for 
preparation of a vocational nurse graduate. Level and course objective shall be 
stated in behavioral terms and shall serve as the mechanism for student 
progression. The conceptual framework shall define the internal and external 
influences impacting vocational nursing education and shall identify the 
education method and focus. 
   
  (c) Design <nl>and implementation. The curriculum shall be designed and 
implemented to prepare students to demonstrate the Essential Competencies.<ol> 
The curriculum design shall allow for flexibility to incorporate current nursing 
education theories and the implications of current developments in health care 
and health care delivery to assist graduates in meeting professional, legal, and 
societal expectations. <nl>Educational<ol> [Career] mobility shall also be a 
consideration in curriculum design. [Vocational nursing educational programs 
shall implement a curriculum plan that will enable students to acquire 
knowledge, skills, and abilities to develop competencies in: 
 
  [(1) understanding and providing for essential human needs as related to 
health and therapeutics; 
   
  [(2) gathering, recording, and communicating information; 
   
  [(3) participating as a team member in planning, implementing, and evaluating 
nursing care of individuals in all age groups; 
   
  [(4) developing and implementing safe practices in meeting health needs; 
   
  [(5) understanding the impact of hygienic and environmental influences upon 
the health status of individuals; 
   
  [(6) influencing health status through promotion of hygiene, self-awareness, 
and individual participation in improving or maintaining a state of health or 
wellness.] 
     
  (d)-(i) (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 June 19, 1995. 
 TRD-9507485 
  Marjorie A. Bronk, R.N., M.S.H.P. 
 Executive Director 
 Board of Vocational Nurse Examiners 
    Earliest possible date of adoption: July 31, 1995 
 For further information, please call: (512) 835-2071 
         
               Chapter 235. Licensing 
  
  Application for Licensure 
 
  22 TAC sec.sec.235.3, 235.6, 235.8, 235.9, 235.14, 235.15, 235.17, 235.18 
 
  The Board of Vocational Nurse Examiners proposes amendments to sec.sec.235.3, 
235.6, 235.8, 235.9, 235.14, 235.15, 235.17, and 235.18, relating to application 
for licensure. Section 235.3 is amended to reflect the 1995 change in statutory 
requirement for high school diploma or GED to apply for the examination. Section 
235.6 is amended for consistency with sec.235.17(d)(1)(D). Section 235.8 is 
amended to clarify the name of the United States Army program. Section 235.9 is 
amended because with implementation of the computer adaptive examination, 
applications and fees are not required to be submitted for any specified length 
of time prior to examination date. Section 235.14 is amended so that the one 
year rule applies to all applicants. Section 235.15 is amended to accurately 
reflect curriculum components needed to apply for licensure by examination in 
Texas. Section 235.17 is amended to resequence and to reflect 1995 legislative 
change in statute. Section 235.18 is amended to remove the requirement of 
submitting application at least 30 days prior to examination. 
 Marjorie A. Bronk, 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. 
 Mrs. Bronk 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 consistency and clarification of the rules. 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 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 amendments are proposed under Texas Civil Statutes, Article 4528c, 
sec.5(h), 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.235.3. Qualifications for Licensure by Examination.  The 
vocational/practical nurse shall: 
 
  (1) have successfully completed an approved program for educating 
vocational/practical nurses; and 
   
  (2)  <nl>hold a high school diploma issued by an accredited secondary school 
or equivalent educational credentials as established by the General Education 
Development Equivalency Test(GED)<ol> [have at least two years of high school 
education or its equivalent (equivalency to be established by the General 
Education Equivalency Test]; and 
   
  (3) (No change.) 
 
     
  sec.235.6. Applications for Licensure by Endorsement.  An applicant for 
licensure in Texas by endorsement shall: 
 
  (1)-(4) (No change.) 
   
  (5) have <nl>passed or<ol> achieved a passing score acceptable to Texas on the 
national examination for practical/vocational nurses. 
   
  (6) hold an <nl>active and<ol> current vocational/practical nurse license in 
another state; 
   
  (7) (No change.) 
   
  [(8) submit to the Board a notice of sponsorship of the applicant by the 
holder of a Texas health care professional license under whom the applicant will 
practice;] 
   
  <nl>(8)<ol>[(9)] file another application if original application is not 
completed within six months; 
   
  <nl>(9)<ol>[(10)] not be refunded fees. 
 
     
  sec.235.8. Military Programs Acceptable for Licenses by Examination.  The U.S. 
Army <nl>Practical Nurse Course (formerly the<ol> 91C Clinical Specialist Course 
<nl>)<ol> is the only military program acceptable for licensure by examination. 
 
   
  sec.235.9. Applications and Fees. 
 
  (a) (No change.) 
   
  (b)  The application for licensure by examination shall: 
 
  (1) (No change.) 
   
  [(2) be received in the Board office at least 30 days prior to the date set 
for the initial examination or the reexamination;] 
   
  <nl>(2)<ol>[(3)] be returned to the applicant if application or fee is 
incorrect; 
   
  <nl>(3)<ol>[(4)] submit fee in the form of cash, cashier's check, money order, 
individual institutional check, or state warrant made payable to the Board of 
Vocational Nurse Examiners; and 
   
  <nl>(4) <ol>[(5)] be nonrefundable. 
     
  (c) (No change.) 
 
     
  sec.235.14. Failure to Make Application for the Licensing Examination Within 
One Year of <nl>Eligibility  [Graduation].<nl> Applicants <ol> [Graduates] who 
do not apply to <nl>take <ol> [write] the examination within one year of  
<nl>eligibility<ol> [graduation] will not be eligible. 
 
   
  sec.235.15. Out-of-State Practical/Vocational Nurse Graduate.  An out-of-state 
graduate shall: 
 
  (1) (No change.) 
   
  (2)  provide evidence of satisfactory completion of  <nl>comparable curriculum 
content as specified in sec.233.58 of this title (relating to Curriculum 
Requirements) including, but not limited to, medical-surgical nursing, maternity 
nursing, nursing care of children, pharmacology, and mental health/mental 
illness <ol> [curricula inclusive of maternal-child nursing, medical-surgical 
nursing, and pharmacology] (a grade of C evidences satisfactory completion.); 
   
  (3) (No change.) 
   
  (4) if licensed by a board constructed examination, be allowed three 
opportunities for the licensing examination within one year of 
<nl>eligibility<ol> [first time scheduled]. 
   
  (5) (No change.) 
 
     
  sec.235.17. Temporary Permits. 
 
  [(a) Holders of Temporary Permits. Holders of temporary permits must practice 
under the direct supervision of a registered professional nurse, licensed 
vocational nurse, or a licensed physician.] 
   
  <nl>(a)<ol>[(b)] Graduates of approved vocational nursing programs in this 
state, another state, or the District of Columbia. 
 
  (1)-(2) (No change.) 
   
  (3) The temporary permit will expire on the applicant's receipt of a license 
or on <nl>receipt of notification of examination failure <ol>; [on the date 
indicated on the permit for applicants who fail the examination.] 
   
  (4)  (No change.) 
     
  <nl>(b)<ol>[(c)] Professional nursing education applicants. 
 
  (1)  (No change.) 
   
  (2) Temporary permits will expire on the applicants' receipt of a license or 
on <nl>receipt of notification of examination failure. <ol> [the date indicated 
on the permit for applicants who fail the examination.] 
     
  <nl>(c)<ol>[(d)] Endorsement applicants. 
 
  (1)-(2) (No change.) 
     
  <nl>(d) Restrictions on temporary permits. 
 
  <nl>(1) Holders of temporary permits must practice under the direct 
supervision of a registered nurse, licensed vocational nurse, or a licensed 
physician. 
   
  <nl>(2)  Temporary permits will not be issued to any examination or 
endorsement applicant under investigation. 
     
  [(e) Temporary permits will not be issued to any examination or endorsement 
applicant under investigation.] 
 
     
  sec.235.18. Disabled Candidate. 
 
  (a) (No change.) 
   
  (b) A written request for appropriate accommodations must be submitted to the 
Board [30 days] prior to the examination date. Procedural guidelines and 
criteria from the National Council of State Boards of Nursing shall be followed. 
   
  (c)-(d) (No change.) 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on June 19, 1995. 
 TRD-9507486 
  Marjorie A. Bronk, R.N., M.S.H.P. 
 Executive Director 
 Board of Vocational Nurse Examiners 
    Earliest possible date of adoption: July 31, 1995 
 For further information, please call: (512) 835-2071 
         
             
  Examination 
 
  22 TAC sec.235.31, sec.235.32 
 
  The Board of Vocational Nurse Examiners proposes an amendment to sec.235. 31, 
relating to the examination; and new sec.235.32, relating to notification of 
exam results. The amendment to  s235.31 reflects changes in the examination 
process since the advent of computerized adaptive testing. New sec.235.32 is 
proposed to reflect 1995 legislative change in statutory requirement. 
 Marjorie A. Bronk, 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. 
 Mrs. Bronk 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 a better understanding of the process for applying for 
examination and compliance with the statute. 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 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 and new section are proposed under Texas Civil Statutes, Article 
4528c, sec.5(h), 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.235.31. Applicability.  The following will apply for persons making 
application under the Act, sec.6(a) or (b), and sec.7. Pursuant to the Board's 
authority as provided by sec.231.40 of this title (relating to State Board 
Examination) and other provisions herein. 
 
  (1) The examination will be administered at sites  <nl>approved<ol> 
[designated] by the Board according to the test administration agency's 
schedule. 
   
  (2)  <nl>After approval to take the examination by Board staff, applicants 
will be notified of eligibility by the test administration agency.<ol> 
[Applications of individuals who do not appear for an examination within two 
years after board approval will be rejected unless a ligitimate excuse is 
presented and approved by the board.] 
   
  <nl>(3) Applications of individuals who do not appear for an examination 
within one year of graduation or eligibility will be rejected unless evidence of 
hardship is presented and approved by the Board. 
 
     
  sec.235.32. Notification of Examination Results. Service of notice of 
examination results shall be complete and effective if the document to be served 
is sent by regular mail to the applicant at the most recent address shown in the 
application records of 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 June 19, 1995. 
 TRD-9507487 
  Marjorie A. Bronk, R.N., M.S.H.P. 
 Executive Director 
 Board of Vocational Nurse Examiners 
    Earliest possible date of adoption: July 31, 1995 
 For further information, please call: (512) 835-2071 
         
           
  Issuance of Licenses 
 
  22 TAC sec.235.41, sec.235.51 
 
  The Board of Vocational Nurse Examiners proposes an amendment to sec.235. 41, 
relative to issuance of certificate of licensure; and new sec.235.51, relative 
to traveling nurses. The amendment to sec.235.41 is due to the licensure 
examination results are now reported as pass/fail only and no longer reported in 
numerical scores. Section 235.51 is proposed to reflect 1995 legislative changes 
in the statute. 
 Marjorie A. Bronk, 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. 
 Mrs. Bronk 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 clarification of when a certificate of license will be 
issued following the examination and sets forth guidelines for out-of-state 
nurses traveling through Texas with patients. 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 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 and new section are proposed under Texas Civil Statutes, Article 
4528c, sec.5(h), 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.235.41. Issuance of Certificate of Licensure.  As soon as possible after 
the board has received <nl>notice of passing the examination,<ol> [the 
examination score,] a Certificate of Licensure will be issued, signed by the 
Executive Director of the Board, bearing the Seal of the Board and also bearing 
the licensee's name, license number, and date license number was issued. 
 
   
  sec.235.51. Traveling Nurses. <ol> A vocational/practical nurse who holds a 
current and active license issued by another state who is in Texas on a 
nonroutine basis for a period not to exceed five days or 120 hours to provide 
care to a patient who is being transported into, out of, or through the state is 
not required to hold a Texas license. 
 
  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 June 19, 1995. 
 TRD-9507488 
  Marjorie A. Bronk, R.N., M.S.H.P. 
 Executive Director 
 Board of Vocational Nurse Examiners 
    Earliest possible date of adoption: July 31, 1995 
 For further information, please call: (512) 835-2071 
         
                 
  TITLE 40. SOCIAL SERVICES AND ASSISTANCE 
 Part I. Texas Department of Human Services 
  Chapter 12. Special Nutrition Programs 
  
  The Texas Department of Human Services (DHS) proposes amendments to 
sec.sec.12.203, 12.207, and 12.211, concerning the Special Milk Program; 
sec.12.307, concerning the School Breakfast Program; and sec.sec.12.407, 12.410, 
and 12. 413-12.415, concerning the National School Lunch Program, in its Special 
Nutrition Programs chapter. The purpose of the amendments is to correct 
references to federal citations that were reorganized, to correct typographical 
errors, and to reflect the name change of Food and Nutrition Service to Food and 
Consumer Service. 
 Burton F. Raiford, commissioner, 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. Raiford 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 public access to accurate rules. 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. 
 Questions about the content of this proposal may be directed to Nancy Hill at 
(512) 467-5852 in DHS's Special Nutrition Programs. Written comments on the 
proposal may be submitted to Nancy Murphy, Media and Policy Services-452, Texas 
Department of Human Services E-205, P.O. Box 149030, Austin, Texas 78714-9030, 
within 30 days of publication in the Texas Register . 
   
  Special Milk Program 
 
  40 TAC sec.sec.12.203, 12.207, 12.211 
 
  The amendments are proposed under the Human Resources Code, Title 2, Chapters 
22 and 33, which authorizes the department to administer public and nutritional 
assistance programs. 
 The amendments implement the Human Resources Code, sec. s22.001-22.024 and 
sec.sec.33.001-33.024. 
 
 
  sec.12.203. Administration.  The <nl>Special Milk Program (SMP)<ol> [SMP] in 
[private] schools and [residential] child care institutions is a joint operation 
of the United States Department of Agriculture (USDA), Food and <nl>Consumer<ol> 
[Nutrition] Service <nl>(FCS)<ol> [(FNS)], and <nl>the Texas Department of Human 
Services (DHS) <ol> [DHS]. <nl>USDA-FCS <ol> [USDA-FNS] provides funding, 
guidelines, and approval for the state plan of operation. DHS enters into 
agreements with eligible contractors to operate the program in [private] schools 
and [residential] child care institutions. DHS is responsible for ensuring that 
the contractor administers the program according to the applicable requirements 
of 7 Code of Federal Regulations, sec.sec.215, 245, and 3015; FNS instructions; 
and other requirements specified by  <nl>FCS<ol> [FNS]. 
 
   
  sec.12.207. Contractor Participation Requirements. To participate in the 
program, the contractor must: 
 
  (1)-(2) (No change.) 
   
  (3) provide free milk according to requirements stipulated in 7 Code of 
Federal Regulations, <nl>sec.215.13a <ol> [sec.215.13(a)]; 
   
  (4) (No change.) 
   
  (5) comply with verification requirements stipulated in 7 Code of Federal 
Regulations, <nl>sec.245.6a(a)(1) <ol> [sec.245.6(a)]; 
   
  (6)  (No change.) 
 
     
  sec.12.211. Procurement.  Procurement is performed according to requirements 
stipulated in 7 Code of Federal Regulations, <nl>sec.215.14a<ol> 
[sec.215.14(a)]. 
 
  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 June 26, 1995. 
 TRD-9507735 
  Nancy Murphy 
 Section Manager, Media and Policy Services 
 Texas Department of Human Services 
    Proposed date of adoption: September 1, 1995 
 For further information, please call: (512) 450-3765 
         
           
  School Breakfast Program 
 
  40 TAC sec.12.307 
 
  The amendment is proposed under the Human Resources Code, Title 2, Chapters 22 
and 33, which authorizes the department to administer public and nutritional 
assistance programs. 
 The amendment implements the Human Resources Code, sec. s22.001-22.024 and 
sec.sec.33.001-33.024. 
 
 
  sec.12.307. Contractor Participation Requirements. To participate in the 
program, the contractor must: 
 
  (1) (No change.) 
   
  (2) provide nutritious and well-balanced meals to children according to the 
requirements stipulated in 7 Code of Federal Regulations, sec.220.8 and sec.220, 
<nl>Appendices A, B, and C<ol> [Appendix A]; 
   
  (3)-(7) (No change.) 
   
  (8) comply with verification requirements stipulated in 7 Code of Federal 
Regulations, <nl>sec.245.6a <ol> [sec.245.6(a)]; 
   
  (9)-(10)  (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 June 26, 1995. 
 TRD-9507734 
  Nancy Murphy 
 Section Manager, Media and Policy Services 
 Texas Department of Human Services 
    Proposed date of adoption: September 1, 1995 
 For further information, please call: (512) 450-3765 
         
             
  National School Lunch Program 
 
  40 TAC sec.sec.12.407, 12.410, 12.413-12.415 
 
  The amendments are proposed under the Human Resources Code, Title 2, Chapters 
22 and 33, which authorizes the department to administer public and nutritional 
assistance programs. 
 The amendments implement the Human Resources Code, sec. s22.001-22.024 and 
sec.sec.33.001-33.024. 
 
 
  sec.12.407. Contractor Participation Requirements. To participate in the 
program, the contractor must: 
 
  (1) (No change.) 
   
  (2) provide nutritious and well-balanced meals to children according to the 
requirements stipulated in 7 Code of Federal Regulations, sec.210.10 and 
sec.210, <nl>Appendices A, B, and C<ol> [Appendix A]; 
   
  (3)-(6) (No change.) 
   
  (7) comply with reporting and record-keeping requirements as specified in 7 
Code of Federal Regulations, <nl> s210.9,<ol> sec.210.15<nl>, <ol> and 
sec.210.23(c) and other requirements as may be specified by DHS; 
   
  (8)-(10) (No change.) 
   
  (11) comply with verification requirements stipulated in 7 Code of Federal 
Regulations, <nl>sec.245.6a <ol> [sec.245.6(a)]; 
   
  (12) (No change.) 
 
     
  sec.12.410. Management Evaluations. <nl> Food and Consumer Service (FCS)<ol> 
[FNS] and the United States Office of Inspector General (OIG) retain the right 
to visit contractor operations, and OIG has the right to make audits of the 
records and operations of any contractor as stipulated in 7 Code of Federal 
Regulations,  <nl>sec.<ol>210.19 <nl>and sec.210.30<ol>. 
 
   
  sec.12.413. Educational Prohibitions. <nl> The Texas Department of Human 
Services (DHS)  <ol>[DHS] complies with the prohibitions specified in 7 Code of 
Federal Regulations, <nl>sec.210.27<ol> [sec.210.26]. 
 
   
  sec.12.414. Penalties.  Penalties are assessed as stipulated in 7 Code of 
Federal Regulations,  <nl>sec.210.26<ol> [sec.210.25]. 
 
   
  sec.12.415. Contract Termination or Suspension. Contract termination or 
suspension is done according to guidelines and procedures as stipulated in 7 
Code of Federal Regulations, <nl>sec.210.25<ol> [sec.210.24]. 
 
  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 June 26, 1995. 
 TRD-9507733 
  Nancy Murphy 
 Section Manager, Media and Policy Services 
 Texas Department of Human Services 
    Proposed date of adoption: September 1, 1995 
 For further information, please call: (512) 450-3765