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 1. ADMINISTRATION Part IV. Office of the Secretary of State Chapter 81. Elections Political Parties 1 TAC sec.sec.81.100-81.137 The Office of the Secretary of State adopts the repeal of sec.sec.81.001-81. 137, concerning primary elections. The repeals allow for new funding sections to be adopted for the 1996 Primary Elections. The proposed text as published in the July 21, 1995, issue of the Texas Register (20 TexReg 5338). These sections deal with expenses relating to the proper conduct of the primary elections by party officials and the procedure for requesting reimbursement by the parties for such expenses. The repeals are necessary because the current rules do not adequately address the situations to be faced by election officials in conducting the 1996 primary elections. In addition, changes were made as a result of an internal audit conducted by the Secretary of State and recommendations from various county chairs. No comments were received regarding adoption of the repeals. The repeals are adopted under the Texas Election Code, sec.31.003 and sec.173. 006, which provides the Office of the Secretary of State with the authority to obtain and maintain uniformity in the application, interpretation, and operation of provisions under the Texas Election Code and other election laws, and, in performing such duties, to prepare detailed and comprehensive written directives and instructions based on such laws, and to adopt rules consistent with the Election Code that reduce the cost of the primary elections or facilitate the holding of the elections within the amount appropriated by the legislature for that purpose. The Texas Election Code, Chapter 173, Subchapter A, sec.173.006 is affected by these repeals. This agency hereby certifies that the rules 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 August 22, 1995. TRD-9510641 Clark Kent Ervin Assistant Secretary of State Office of the Secretary of State Effective date: September 12, 1995 Proposal publication date: July 21, 1995 For further information, please call: (512) 463-5702 1 TAC sec.sec.81.100-81.136 The Office of the Secretary of State adopts new sec.sec.81.100-81.136, concerning primary election funding, without changes to the proposed text as published in the July 21, 1995, issue of the Texas Register (20 TexReg 5338). The new sections concern the financing of the 1996 primary elections with state funds, including the determination of necessary and proper expenses relating to the proper conduct of the primary elections by party officials and the procedures for requesting reimbursement by the parties for such expenses. The new sections are necessary for the proper and efficient conduct of the 1996 primary elections. It is in the public interest to establish adequate procedures to insure the best use of state funding. Guy C. Jackson III commented that the pay rate for election judges and clerks should be raised to $6.00 per hour instead of the $5.00 per hour allowed by sec.81.121. The Secretary of State estimates that this change would cost an additional $800,000. Additional funding was not granted by the 73rd Texas Legislature to allow for this increase in spending. However, sec.81.122 allows for election judges to receive an extra $10 if the judge attends the party's election school. The new sections are adopted under the Texas Election Code, sec.31.003 and sec.173.006, which provides the Office of the Secretary of State with the authority to obtain and maintain uniformity in the application, interpretation, and operation of provisions under the Texas Election Code and other election laws, and, in performing such duties, to prepare detailed and comprehensive written directives and instructions based on such laws, and to adopt rules consistent with the Election Code that reduce the cost of the primary elections or facilitate the holding of the elections within the amount appropriated by the legislature for that purpose. The Texas Election Code, Chapter 173, Subchapter A, sec.173.006 is affected by the new sections. 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 August 22, 1995. TRD-9510640 Clark Kent Ervin Assistant Secretary of State Office of the Secretary of State Effective date: September 12, 1995 Proposal publication date: July 21, 1995 For further information, please call: (512) 463-5702 TITLE 22. EXAMINING BOARDS Part XV. Texas State Board of Pharmacy Chapter 281. General Provisions 22 TAC sec.281.25 The Texas State Board of Pharmacy adopts an amendment to sec.281.25, concerning Grounds for Discipline for a Pharmacy License, with one change to the proposed text as published in the July 4, 1995, issue of the Texas Register (20 TexReg 4899). This rule is being amended to correct references to other sections of the rules. The change to the proposed text is in paragraph (5)(D)(ii) and corrects the reference to paragraph (4)(C)(ii). No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Pharmacy Act, Texas Civil Statutes, Article 4542-1, sec.16(a), which specifies that the Board has the authority to adopt rules for the proper administration and enforcement of the Act. sec.281.25. Grounds for Discipline for a Pharmacy License. For the purposes of subdivision (9) of subsection (b) of sec.26 of the Act, a pharmacy fails to establish and maintain effective controls against diversion of prescription drugs when: (1)-(3) (No change.) (4) the pharmacy possesses or engages in the sale, purchase, or trade or the offer to sell, purchase, or trade prescription drug samples; provided however, this paragraph does not apply to: (A)-(C) (No change.) (5) the pharmacy possesses or engages in the sale, purchase, or trade or the offer to sell, purchase, or trade of prescription drugs: (A)-(C) (No change.) (D) provided that subparagraphs (A)-(C) of this paragraph do not apply to: (i) (No change.) (ii) the sale, purchase, or trade of a drug or an offer to sell, purchase, or trade a drug by an organization described in paragraph (4)(C)(ii) of this section to a nonprofit affiliate of the organization to the extent otherwise permitted by law; (iii)-(v) (No change.) (6) (No change.) 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 August 22, 1995. TRD-9510618 Fred S. Brinkley, Jr., R.Ph., M.B.A. Executive Director/Secretary Texas State Board of Pharmacy Effective date: September 12, 1995 Proposal publication date: July 4, 1995 For further information, please call: (512) 832-0661