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 4. AGRICULTURE Part I. Texas Department of Agriculture Chapter 23. Family Farm and Ranch Security Program Subchapter A. General Provisions 4 TAC sec.23.6 The Texas Department of Agriculture (the department) adopts new sec.23.6, concerning expiration provision, without changes to the proposed text as published in the June 2, 1995, issue of the Texas Register (20 TexReg 4031). The new section is adopted to require the department to review all sections in Chapter 23 and determine what, if any, sections need to be repealed, replaced or amended. The new section provides an expiration date of August 31, 1996, for all sections that are not repealed, amended, or reaffirmed by the department by that date. Comments on the proposal were received from the Chemical Connection and one other individual. These commenters do approve of the practice of reviewing and reevaluating agency rules to assure that the existing rules are meeting the needs of the public in the most efficient and reasonable manner. However, they expressed concern that the proposed section establishes a process which will result in an automatic elimination of rules without an opportunity for the public and affected persons to comment. The department does not intend to and will not establish a process of automatic elimination of rules without an opportunity to comment; the department agrees with the commenters that such a process would be bad public policy. All sections which the department identifies to be repealed or amended under the new section will be repealed or amended in accordance with the procedures required by the Texas Administrative Procedures Act, which will include the 30-day comment period and public hearings if required or requested. The department also intends to seek the input of interested and affected individuals and entities in the development of any amendments or repeals of rules which have a special impact on the public health and safety, such as in the area of pesticide regulation. One commenter also requested that if the department does want to establish a "sunset" process for its rules, it should provide notice of the process in greater detail, outlining what steps will be taken and what the schedule will be. The department disagrees with this comment and believes that publication of a more specific notice and specific schedule would not allow the department the flexibility needed in the establishment of the process and timelines for review and adoption of changes due to the large number of rules involved and the diverse subject matter of those rules. The target date of August 31, 1996, provides a reasonable, self-imposed deadline for the department and provides the public with notice that review will be accomplished within that timeframe. The new section is adopted under the Texas Agriculture Code, sec.252.011, which provides the Texas Department of Agriculture with the authority to adopt rules necessary for administration of the department's family farm and ranch security program. 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 authority. Issued in Austin, Texas, on July 21, 1995. TRD-9509170 Dolores Alvarado Hibbs Chief Administrative Law Judge Texas Department of Agriculture Effective date: August 11, 1995 Proposal publication date: June 2, 1995 For further information, please call: (512) 463-7583 Chapter 25. Agricultural Development Board Subchapter A. General Provisions 4 TAC sec.25.13 The Texas Department of Agriculture (the department) adopts new sec.25.13, concerning expiration provision, without changes to the proposed text as published in the June 2, 1995, issue of the Texas Register (20 TexReg 4031). The new section is adopted to require the department to review all sections in Chapter 25 and determine what, if any, sections need to be repealed, replaced or amended. The new section provides an expiration date of August 31, 1996, for all sections that are not repealed, amended, or reaffirmed by the department by that date. Comments on the proposal were received from the Chemical Connection and one other individual. These commenters do approve of the practice of reviewing and reevaluating agency rules to assure that the existing rules are meeting the needs of the public in the most efficient and reasonable manner. However, they expressed concern that the proposed section establishes a process which will result in an automatic elimination of rules without an opportunity for the public and affected persons to comment. The department does not intend to and will not establish a process of automatic elimination of rules without an opportunity to comment; the department agrees with the commenters that such a process would be bad public policy. All sections which the department identifies to be repealed or amended under the new section will be repealed or amended in accordance with the procedures required by the Texas Administrative Procedures Act, which will include the 30-day comment period and public hearings if required or requested. The department also intends to seek the input of interested and affected individuals and entities in the development of any amendments or repeals of rules which have a special impact on the public health and safety, such as in the area of pesticide regulation. One commenter also requested that if the department does want to establish a "sunset" process for its rules, it should provide notice of the process in greater detail, outlining what steps will be taken and what the schedule will be. The department disagrees with this comment and believes that publication of a more specific notice and specific schedule would not allow the department the flexibility needed in the establishment of the process and timelines for review and adoption of changes due to the large number of rules involved and the diverse subject matter of those rules. The target date of August 31, 1996, provides a reasonable, self-imposed deadline for the department and provides the public with notice that review will be accomplished within that timeframe. The new section is adopted under the Texas Agriculture Code, sec.12.001 and sec.12.016, which provides the Texas Department of Agriculture with the authority to adopt rules necessary for administration of the Texas Agriculture Code, sec.2001.004, which provides the department with the authority to adopt rules of practice setting forth the nature and requirements of all formal and informal administrative procedures available. 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 authority. Issued in Austin, Texas, on July 21, 1995. TRD-9509171 Dolores Alvarado Hibbs Chief Administrative Law Judge Texas Department of Agriculture Effective date: August 11, 1995 Proposal publication date: June 2, 1995 For further information, please call: (512) 463-7583 TITLE 28. INSURANCE Part I. Texas Depratment of Insurance Chapter 21. Trade Practices Subchapter J. Prohibited Trade Practices 28 TAC sec.21.1002 The Texas Department of Insurance adopts the repeal of sec.21.1002, relating to unfair underwriting guidelines in the sale of private passenger automobile and residential property insurance coverages. Repeal of sec.21.1002 is made without changes to the proposed repeal of that section as published in the June 16, 1995, issue of the Texas Register (20 TexReg 4399). Repeal of sec.21.1002 is necessary because the standards, requirements and prohibitions set out in sec.21.1002 have been addressed by the 74th Legislature in two enactments, one of which contains provisions for immediate effectiveness, and the other of which will take effect September 1, 1995. Specifically, the legislature has enacted House Bill 1367, which includes, among other provisions, a new Insurance Code, Article 21.21-6, relating to unfair discrimination; and House Bill 668, which includes, among other provisions, a new Insurance Code, Article 21.21-8, also relating to unfair discrimination. Article 21.21-6 prohibits any legal entity engaged in the business of insurance in Texas from refusing to insure or to continue to insure; limiting the amount, extent or kind of coverage available; or charging an individual a different rate for the same coverage because of race, color, religion or national origin. It also prohibits any legal entity engaged in the business of insurance in Texas from refusing to insure or to continue to insure; limiting the amount, extent or kind of coverage available; or charging an individual a different rate for the same coverage because of the age, gender, marital status, geographic location, disability or partial disability of the individual, except to the extent justified by sound underwriting or actuarial principles reasonably related to actual or anticipated loss experience. Article 21.21-8 prohibits any person from engaging in any unfair discrimination by making or permitting any unfair discrimination between individuals of the same class and of essentially the same hazard in the amount of premium, policy fees, or rates charged for any policy or contract of insurance or in the benefits which are payable under such policy or contract, or in any of the terms or conditions of such contract, or in any other manner whatever. Article 21.21-8 applies to any person engaged in the business of insurance, including all licensees of the department. It provides for a private cause of action in the event a person violates its prohibitions. Repeal of sec.21.1002 results in the elimination of provisions which have been superseded by legislative enactment in House Bill 668 and House Bill 1367, respectively. It thereby eliminates any redundancy, conflict, confusion or contradiction which otherwise might have resulted with enactment of House Bill 668 and House Bill 1367. Comments on the proposed repeal as published were received from Provident American Insurance Company and the Office of Public Insurance Counsel. One commenter agreed that sec.21.1002 should be repealed. One commenter did not object to repeal of sec.21.1002, but urged the department to continue to consider actuarial fairness of underwriting guidelines which are used in the marketplace. Department response: The department intends to closely scrutinize marketplace practices of insurance licensees relating to underwriting, especially in light of the enforcement and administrative responsibility of the department resulting from the provisions enacted in House Bill 668 and House Bill 1367, each of which places an affirmative duty on insurers to use only underwriting guidelines which are reasonably related to actual or anticipated loss experience. The repeal is adopted under Insurance Code, Articles 1.03A and 21.21, sec.13. Article 1.03A authorizes the Commissioner to adopt rules and regulations for the conduct and execution of the duties and functions of the department as authorized by statute. Article 21.21, sec.13 authorizes the Department to promulgate rules and regulations to accomplish the purposes of Insurance Code, Articles 21.20 and 21.21. 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 July 24, 1995. TRD-9509249 Alicia M. Fechtel General Counsel and Chief Clerk Texas Department of Insurance Effective date: August 14, 1995 Proposal publication date: June 16, 1995 For further information, please call: (512) 463-6327 28 TAC sec.21.1004 The Texas Department of Insurance adopts the repeal of sec.21.1004, relating to discrimination in the sale of insurance on the basis of race, color, religion, or national origin and, to the extent not justified by sound actuarial principles, on the basis of geographic location, disability, sex, or age. Repeal of sec.21.1004 is made without changes to the proposed repeal of that section as published in the June 16, 1995, issue of the Texas Register (20 TexReg 4399). Repeal of sec.21.1004 is necessary because the standards, requirements and prohibitions set out in sec.21.1004 have been addressed by the 74th Legislature in two enactments, one of which contains provisions for immediate effectiveness, and the other of which will take effect September 1, 1995. Specifically, the legislature has enacted House Bill 1367, which includes, among other provisions, a new Insurance Code, Article 21.21-6, relating to unfair discrimination; and House Bill 668, which includes, among other provisions, a new Insurance Code, Article 21.21-8, also relating to unfair discrimination. Article 21.21-6 prohibits any legal entity engaged in the business of insurance in Texas from refusing to insure or to continue to insure; limiting the amount, extent or kind of coverage available; or charging an individual a different rate for the same coverage because of race, color, religion or national origin. It also prohibits any legal entity engaged in the business of insurance in Texas from refusing to insure or to continue to insure; limiting the amount, extent or kind of coverage available; or charging an individual a different rate for the same coverage because of the age, gender, marital status, geographic location, disability or partial disability of the individual, except to the extent justified by sound underwriting or actuarial principles reasonably related to actual or anticipated loss experience. Article 21.21-8 prohibits any person from engaging in any unfair discrimination by making or permitting any unfair discrimination between individuals of the same class and of essentially the same hazard in the amount of premium, policy fees, or rates charged for any policy or contract of insurance or in the benefits which are payable under such policy or contract, or in any of the terms or conditions of such contract, or in any other manner whatever. Article 21.21-8 applies to any person engaged in the business of insurance, including all licensees of the department. It provides for a private cause of action in the event a person violates its prohibitions. Repeal of sec.21.1004 results in the elimination of provisions which have been superseded by legislative enactment in House Bill 668 and House Bill 1367, respectively. It thereby eliminates any redundancy, conflict, confusion or contradiction which otherwise might have resulted with enactment of House Bill 668 and House Bill 1367. Comments on the proposed repeal as published were received from Provident American Insurance Company. The commenter agreed that sec.21.1004 should be repealed. The repeal is adopted under the Insurance Code, Articles 1.03A and 21.21, sec.13. Article 1.03A authorizes the Commissioner to adopt rules and regulations for the conduct and execution of the duties and functions of the department as authorized by statute. Article 21.21, sec.13 authorizes the Department to promulgate rules and regulations to accomplish the purposes of Insurance Code, Articles 21.20 and 21.21. 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 July 24, 1995. TRD-9509250 Alicia M. Fechtel General Counsel and Chief Clerk Texas Department of Insurance Effective date: August 14, 1995 Proposal publication date: June 16, 1995 For further information, please call: (512) 463-6327 TITLE 31. NATURAL RESOURCES AND CONSERVATION Part X. Texas Water Development Board Chapter 370. Colonia Plumbing Loan Program The Texas Water Development Board (board) adopts amendments to sec.sec.370. 21-370.24, 370.26, 370.27, 370.29, 370.31, 370.34, and 370.41, without changes to the proposed text as published in the June 16, 1995, issue of the Texas Register (20 TexReg 4400). The amendments reflect changes in the Colonia Plumbing Loan Program as a result of amendments to the Operating Agreement between the board and the Environmental Protection Agency (EPA) governing the use of funds. The amendment to sec.370.21 General Policies will add the provision for making grants to political subdivisions for administrative expenses. The amendment to sec.370.22 Application will change the title to Additional Policies and require the board to provide technical assistance to the borrower to determine the minimum requirements necessary for individuals to qualify for assistance under the program. The amendment to sec.370.23 Amount of Funding, will clarify the amount of financial assistance provided to political subdivisions and will require that the amount requested by a borrower for administrative expenses in the form of a grant can not exceed 9.0% of the total amount requested for loans. The amendment to sec.370.24 Eligible Plumbing Improvements, will add the option for plumbing work to be performed, supervised or approved by licensed plumbers or an installer authorized by the regulatory authority with jurisdiction over the installation of the plumbing improvement at issue. The current rule requires the work to be done only by licensed plumbers. Also added is the option for required design work to be supervised or approved by a registered engineer. The current rule requires the design work to be performed by a registered engineer. The amendment to sec.370.24 also adds sec.370.24(c) which requires that no loans will be made by the borrower to individuals for the purpose of providing suitable on-site wastewater disposal systems if the individual will receive wastewater service within a reasonable time as determined by the board but in no event greater than five years. The amendments to sec.370.26 Eligible Political Subdivisions and sec.370.41 Required Information changes the Department of Health to the Texas Natural Resource Conservation Commission as the entity responsible for designation of authorized agents under the Health and Safety Code, Chapter 366, consistent with a similar change made to statute. The amendment to sec.370.27 Loans, will require that borrowers set their interest rates to individuals at the same interest rates provided to the borrower by the board. The amendments to sec.370. 29 Eligible Households, will expand the eligible applicants for loans under the program by eliminating income limits for individual borrowers consistent with the Operating Agreement amendments with the EPA. The proposed section will eliminate the possibility of owners who lease their property receiving loans. The amendments to sec.370.31 Local Program Operating Procedures, will require that the borrower adopt local program operating procedures prior to closing a loan with the board and have such procedure approved by the director of the board's Economically Distressed Areas Program. The amendment to sec.370. 34 Labor Standards, will delete the requirement for specific compliance with certain federal laws which was deleted in the amendments to the Operating Agreement with the EPA. No comments were received regarding adoption of the amendments. Policy Declarations 31 TAC sec.sec.370.21-370.24, 370.26, 370.27, 370.29, 370.31, 370. 34 The amendments are adopted under Texas Water Code, sec.6.101, which requires the board to adopt rules to carry out the powers and duties of the board, under the Texas Water Code, and other laws of this state. 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 July 21, 1995. TRD-9509153 Craig D. Pedersen Executive Administrator Texas Water Development Board Effective date: August 11, 1995 Proposal publication date: June 16, 1995 For further information, please call: (512) 463-7981 Applications to the Board 31 TAC sec.370.41 The section is adopted under Texas Water Code, sec.6.101, which requires the board to adopt rules to carry out the powers and duties of the board, under the Texas Water Code, and other laws of this state. 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 July 21, 1995. TRD-9509154 Craig D. Pedersen Executive Administrator Texas Water Development Board Effective date: August 11, 1995 Proposal publication date: June 16, 1995 For further information, please call: (512) 463-7981 TITLE 34. PUBLIC FINANCE Part I. Comptroller of Public Accounts Chapter 3. Tax Administration Subchapter A. General Rules 34 TAC sec.3.4 The Comptroller of Public Accounts adopts new sec.3.4, concerning tax refunds for wages paid to an employee receiving financial assistance, with changes to the proposed text as published in the April 18, 1995, issue of the Texas Register (20 TexReg 2810). The new section sets out eligibility requirements, taxes available for refund, and procedures for filing for refunds with the state. A comment was received pointing out that the proposed new section provides that applications for refunds, for 1994 taxes, will be accepted on or after January 1 and before April 1 of 1995, while the rule was not proposed until April 18, 1995. The rule reiterates the statutory filing requirements that are found in the Human Resources Code, sec.31.076. Since the passage of the legislation, the comptroller and the Department of Human Services, through their brochures and publications, have attempted to notify a majority of the employers that were potential tax refund recipients. The definition of "eligible employee" in subsection (a)(1)(B) was clarified to conform to the Department of Human Services' definition, requiring that in order to be eligible an employee must be a recipient of Aid to Families with Dependent Children during the month of hire. The new section is adopted under the Tax Code, sec.111.002, which provides the comptroller with the authority to prescribe, adopt, and enforce rules relating to the administration and enforcement of the provisions of the Tax Code, Title 2. The new section implements the Tax Code, sec.111.109. sec.3.4. Tax Refunds for Wages Paid to an Employee Receiving Financial Assistance. (a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1) Eligible employee-In order to qualify, an employee must meet the following criteria: (A) must be a resident of this state; and (B) must be a recipient of Aid to Families with Dependent Children (AFDC) during the month of hire. (2) Eligible taxes-Taxes eligible to be refunded under this section are limited to the following taxes, either paid or collected and remitted in the calendar year for which the refund of wages is sought. (A) State Sales and Use Tax. (Note: City, county, transit, special purpose district taxes or any other local sales and use taxes do not qualify for refund). (B) Franchise Tax. (C) Inheritance Tax. (D) Public Utility Gross Receipts Tax. (E) Boat and Boat Motor Sales and Use Tax. (F) Manufactured Housing Sales and Use Tax. (G) Hotel Occupancy Tax. (3) Refund application-Claim for refund must be filed on a Department of Human Services (DHS) Form 1098-Application for Refund of Taxes Paid to the State of Texas. (4) Eligible wages-For purposes of this section, eligible wages has the meaning assigned to "wages" under sec.51(c)(1), (2), and (3), Internal Revenue Code of 1986 (26 United States Code, sec.51). (b) Refund available. (1) An employer who employs an eligible employee, on or after January 1, 1994, may file for a refund, beginning in January of 1995, of eligible taxes paid to either the state or a seller of taxable items. The amount of refund an employer may receive is limited to a maximum of $2,000 per eligible employee. The refund is calculated by taking 20% of the eligible wages, up to a maximum of $10,000 in eligible wages for each eligible employee, paid or incurred by an employer for services rendered by an eligible employee during the period beginning with the date the employee begins work for the employer and ending on the first anniversary of that date. EXAMPLE: ABC Company hires John Smith, an otherwise eligible employee, on August 1, 1994. For the period August 1, 1994, to December 31, 1994, ABC Company pays Mr. Smith $6,000. For the period January 1, 1995, to August 1, 1995 (the first anniversary of Mr. smith's employment), ABC Company pays Mr. Smith $9,000. ABC Company paid in more than $25,000 in state sales taxes it collected in each of the calendar years 1994 and 1995. ABC Company may file a claim for $1,200 ($6,000 x .20) in 1995 for eligible wages paid to Mr. Smith in 1994 and a separate claim in 1996 for $800 ($4,000 x .20), for eligible wages paid to Mr. Smith in 1995, for a total refund of $2,000. (2) The refund claimed for a calendar year may not exceed the amount of the net tax, after any other applicable tax credits, paid or collected and remitted by the employer to this state in that calendar year. (3) An otherwise valid refund claim may not be taken by an employer as a credit against a current tax report. (c) Employer eligibility. In order to qualify for a refund of eligible taxes paid the employer must: (1) have the refund claim certified by DHS; (2) provide and pay for the benefit of the eligible employee at least 80% of the cost of major medical health insurance coverage that provides for: (A) a maximum $300 deductible to the employee; and (B) payment by the insurance provider of at least 70% of insurance claims during the claim year in excess of the deductible; and (3) provide the same insurance coverage to the eligible employee that is provided to other employees in its employment. (d) Filing of refund claims. (1) A separate application for refund form must be filed for each eligible employee hired and for each calendar year that the employee is eligible. (2) An application for refund filed by a third-party representative for an eligible employer must be accompanied by a valid power of attorney or other written authorization. (3) An application for refund must first be submitted to the DHS for certification. Properly completed forms will be accepted by the DHS only if postmarked on or after January 1, but before April 1, of the year following the calendar year in which the wages and taxes were paid. DHS will certify that an employee was a recipient of AFDC benefits on or before the beginning date of employment. (4) DHS will then forward certified claims to the comptroller's office for verification that sufficient eligible taxes were paid by the employer to cover the refund request. The comptroller's office will issue refund checks to employers filing timely and valid claims. (5) An employer requesting a refund of eligible taxes must maintain records supporting their refund request. These records are subject to audit verification. See sec.3.281 of this title (relating to Records Required; Information Required) and sec.3.282 of this title (relating to Auditing Taxpayer Records). (e) Hearings request. Only employers whose refund claims are denied in full or partially denied by the comptroller's office are entitled to request a refund hearing. Employers whose requests are not certified by DHS will not be entitled to a refund hearing through the comptroller's office. 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 authority. Issued in Austin, Texas, on July 18, 1995. TRD-9509067 Martin Cherry Chief, General Law Comptroller of Public Accounts Effective date: August 9, 1995 Proposal publication date: April 18, 1995 For further information, please call: (512) 463-4028 TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part I. Texas Department of Public Safety Chapter 15. Drivers License Rules Licensing Requirements 37 TAC sec.15.6 The Texas Department of Public Safety adopts an amendment to sec.15.6, concerning Licensing Requirements, without changes to the proposed text as published in the June 6, 1995, issue of the Texas Register (20 TexReg 4117). The rule is being amended to ensure the public is aware of the requirements for issuance of the type license promulgated by this section. The amendment adds and deletes language establishing the requirements for issuance of a Class M license. The amendment further establishes the requirements for a Class M license applicable to operating a motorcycle, motor- driven cycle, and a moped. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 6687b, sec.1A, which provide the Texas Department of Public Safety with the authority to adopt rules that it determines are necessary to effectively administer this Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on July 12, 1995. TRD-9509136 James R. Wilson Director Texas Department of Public Safety Effective date: August 11, 1995 Proposal publication date: June 6, 1995 For further information, please call: (512) 465-2890 Application Requirements-Original, Renewal, Duplicate, Identification Certificates 37 TAC sec.15.29 The Texas Department of Public Safety adopts an amendment to sec.15.29, concerning Application Requirements-Original, Renewal, Duplicate, Identification Certificates, without changes to the proposed text as published in the June 6, 1995, issue of the Texas Register (20 TexReg 4118). The rule is being amended to ensure the public is aware of the requirements for issuance of the type license promulgated by this section. The amendment adds paragraph (3) which clearly defines what the requirements are for enrolling in a motorcycle course and clarifies who must present a driver education certificate. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 6687b, sec.1A, which provide the Texas Department of Public Safety with the authority to adopt rules that it determines are necessary to effectively administer this Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on July 12, 1995. TRD-9509135 James R. Wilson Director Texas Department of Public Safety Effective date: August 11, 1995 Proposal publication date: June 6, 1995 For further information, please call: (512) 465-2890 Examination Requirements 37 TAC sec.15.55 The Texas Department of Public Safety adopts an amendment to sec. 15.55, concerning Examination Requirements, without changes to the proposed text as published in the June 6, 1995, issue of the Texas Register (20 TexReg 4118). The rule is being amended to waive the skills test requirement in the issuance of a motorcycle license upon successful completion of the Department-Approved Basic Motorcycle Operator Training course. The amendment changes the title of the section for uniformity with text and adds new paragraph (2) and renumbers current paragraphs (2), (3), and (4) to (3), (4), and (5). The amendment further allows persons to take a Department- Approved Basic Motorcycle Operator Training Course in lieu of the motorcycle skills test. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 6687b, sec.1A, which provide the Texas Department of Public Safety with the authority to adopt rules that it determines are necessary to effectively administer this Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on July 12, 1995. TRD-9509137 James R. Wilson Director Texas Department of Public Safety Effective date: August 11, 1995 Proposal publication date: June 6, 1995 For further information, please call: (512) 465-2890 Chapter 31. Standards For An Approved Motorcycle Operator Training Course 37 TAC sec.31.5 The Texas Department of Public Safety adopts an amendment to sec.31.5, concerning standards for an approved motorcycle operator training course, without changes to the proposed text as published in the June 6, 1995, issue of the Texas Register (20 TexReg 4119). The rule is being amended to waive the skills test requirement in the issuance of a motorcycle license upon successful completion of the Department-Approved Basic Motorcycle Operator Training Course. The amendment changes the title of the course for consistency and states all persons must provide a certificate documenting completion of the course in order to waive the motorcycle skills test. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 6687b, sec.1A, which provide the Texas Department of Public Safety with the authority to adopt rules that it determines are necessary to effectively administer this Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on July 12, 1995. TRD-9509134 James R. Wilson Director Texas Department of Public Safety Effective date: August 11, 1995 Proposal publication date: June 6, 1995 For further information, please call: (512) 465-2890 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. Texas Department of Human Services Chapter 50. Day Activity and Health Services The Texas Department of Human Services (DHS) adopts amendments to sec.sec.50. 101, 50.403, 50.410, and 50.501, without changes to the proposed text as published in the May 12, 1995, issue of the Texas Register (20 TexReg 3564). The justification for the amendments is to delete the requirement for annual renewal of physician's orders for clients who have chronic health conditions, change the date when a DAHS contract becomes effective, and delete a section which conflicts with another section. The amendments will function by assuring that clients receive continued DAHS services. No comments were received regarding adoption of the amendments. Contracting 40 TAC sec.50.101 The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which provides the department with the authority to administer public and medical assistance programs; and under Texas Civil Statutes, Article 4413(502), sec.16, which provide the Health and Human Services Commission with the authority to administer federal medical assistance funds. The amendment implements the Human Resources Code, sec. sec.22.001-22.024 and sec.sec.32.001-32.041. 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 July 21, 1995. TRD-9509192 Nancy Murphy Section Manager, Media and Policy Services Texas Department of Human Services Effective date: September 1, 1995 Proposal publication date: May 12, 1995 For further information, please call: (512) 450-3765 Service Requirements 40 TAC sec.50.403, sec.50.410 The amendments are adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which provides the department with the authority to administer public and medical assistance programs; and under Texas Civil Statutes, Article 4413(502), sec.16, which provide the Health and Human Services Commission with the authority to administer federal medical assistance funds. The amendments implement the Human Resources Code, sec. sec.22.001-22.024 and sec.sec.32.001-32.041. 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 July 21, 1995. TRD-9509193 Nancy Murphy Section Manager, Media and Policy Services Texas Department of Human Services Effective date: September 1, 1995 Proposal publication date: May 12, 1995 For further information, please call: (512) 450-3765 Billing 40 TAC sec.50.501 The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which provides the department with the authority to administer public and medical assistance programs; and under Texas Civil Statutes, Article 4413(502), sec.16, which provide the Health and Human Services Commission with the authority to administer federal medical assistance funds. The amendment implements the Human Resources Code, sec. sec.22.001-22.024 and sec.sec.32.001-32.041. 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 July 21, 1995. TRD-9509194 Nancy Murphy Section Manager, Media and Policy Services Texas Department of Human Services Effective date: September 1, 1995 Proposal publication date: May 12, 1995 For further information, please call: (512) 450-3765