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 VII. State Office of Administrative Hearings Chapter 155. Rules of Procedure 1 TAC sec.sec.155.5, 155.22, 155.55 The State Office of Administrative Hearings adopts amendments to sec.sec.155. 22, 155.22 and new sec.155.55. Sections 155.22 and 155.55 are adopted with changes to the proposed text as published in the July 18, 1995, issue of the Texas Register (20 TexReg 5115). The amendment to sec.155.5 is adopted without changes and will not be republished. The amendment to sec.155.5 is adopted to assure the ability of the Office to resolve problematic conflicts between the rules of practice and procedure before the Office and the rules of the agency for which a hearing is being conducted. At sec.155.5(3) the amendment gives the judge discretion to order that an Office rule which conflicts with an agency procedural rule controls, if necessary to ensure the fair and efficient handling of a case. The amendments to sec.155.22 are adopted to reflect new filing procedures for cases that will be referred to the Office by the Public Utility Commission of Texas and the Texas Natural Resource Conservation Commission, effective September 1, 1995; to establish uniform procedures for the filing of confidential materials; and, generally, to reflect more closely the needs and practices of participants in contested case hearings at the State Office of Administrative Hearings. Section 155.22(1) recognizes that during the pendency of most contested cases the Office is the repository for the official record, and it is amended to require filing of only one original document and no copies in such cases. For cases referred to the Office by the Public Utility Commission of Texas and the Texas Natural Resource Conservation Commission, the official record will be maintained at the agencies, where (except for exhibits filed at a prehearing conference or hearing) the originals of all pleadings and documents will be filed; the parties will serve copies of filings on the judge. Section 155.22(2) requires parties to designate and clearly label confidential materials filed with the Office. It also establishes a procedure for submission to the judge of appropriately labelled materials for in camera review. Section 155.22(3) requires that only the portions of discovery materials at issue in a dispute, or that will be used in the hearing, be submitted to the Office. Sections (4) and (5), concerning service and the certificate of service, respectively, retain the language from the original sec.155.22. Section 155.22(6) informs the parties that documents may be filed with the Office or served on the judge until 5:30 p.m. on working days. Finally, sec.155.22(7) permits parties to file with the Office, or serve on the judge, documents containing 20 or fewer pages by electronic transmission. No follow-up originals or copies are to be filed or served. New sec.155.55 is adopted to establish procedures for judges to send certified questions to the Public Utility Commission of Texas (PUC) and the Texas Natural Resource Conservation Commission (TNRCC). The Section is adopted pursuant to Senate Bill 12, sec.1, 74th Legislature, Regular Session ( to be codified at Government Code, Chapter 2003, sec.2003.047(f)), and Senate Bill 373, sec.1.35, 74th Legislature, Regular Session (to be codified at Government Code, Chapter 2003, sec.2003.047(f)), which require the Office to jointly adopt certified question rules with the agencies. Section 155.55(a), which provides the procedure for submitting certified questions to the PUC, lists at sec.155.55(a)(1) the issues which are appropriate for certification. Section 155.55(a)(2) requires the judge to submit the issue to the secretary of the PUC. The secretary must place the issue on the agenda at the earliest time practicable that is not earlier than twenty days after its submission, and parties may file briefs within 13 days of submission. Section 155.55(a)(3) reflects the PUC's obligation to issue a decision within thirty days of submission, and recognizes that the decision is not subject to a motion for rehearing. Section 155.55(b), which provides the procedure for submitting certified questions to the TNRCC, lists at sec.155.55(b)(1) the issues which are appropriate for certification. Section 155.55(b)(2) requires the judge to submit the question to the chief clerk of the TNRCC, who must provide copies of the question to the general counsel and commissioners. The parties are permitted to file briefs within five days after the question is filed. If the general counsel or one or more of the commissioners requests the chief clerk to schedule the question for consideration within 15 days after filing, the clerk will schedule the question for consideration during a commissioners' meeting. This adoption includes several changes to the proposed text as published. In sec.155.22(1)(B)(iii), the adopted section was rewritten to emphasize that the parties in PUC proceedings must supply the judge with copies of documents filed at the PUC on the same day as the filing. In sec.155.22(1)(B)(iv), the adopted section was changed to specify that the court reporter must serve the transcript and exhibits on the judge in PUC proceedings, because that procedure is specified in the agency rule, 16 Texas Administrative Code sec.22.204(d). In sec.155.22(1)(C)(ii), the adopted section was changed to reflect that the date materials are filed at the TNRCC will be determined by whichever is earlier-the stamp affixed by the commission mail room or the chief clerk. This change tracks the language in the agency rule, 30 Texas Administrative Code sec.261.17(e). In sec.155.22(3)(A), the adopted section was changed in two ways. The first sentence was rewritten to clarify the fact that the discovery procedure described applies both to documents filed in general cases pending in the Office and to documents served on the judge in PUC and TNRCC cases. In the second sentence, the words "true and accurate copy of" were added. In sec.155.22(7), the first sentence was changed by moving the words "served on the judge" to the end of the word "cases," to make the meaning of the sentence clearer. In sec.155.55(a)(2) and (3), the text of the adopted subsections was changed by substituting the word "issue" for "question." Also, in sec.155.55(a)(2) the time frames were changed. These changes track the language in PUC rule 16 Texas Administrative Code sec.22.127. Comments were received from the Texas Natural Resource Conservation Commission, the Texas Workers' Compensation Commission, Gulf States Utilities Company, Houston Lighting & Power Company and Texas Utilities Electric Company. Comments relating to sec.155.5. One commenter opposed sec.155.5(3) for five reasons. First, the commenter interpreted the section as permitting a judge to discard an agency rule in favor of an Office rule, thus ignoring agency expertise. The Office disagrees with this interpretation, because the section gives the judge discretion to find an Office rule controls over an agency rule only in one narrowly circumscribed situation -when there is a conflict between the rules, and one must be followed instead of the other. In that circumstance, the judge may implement the Office rule, if doing so is necessary to ensure the fair and efficient handling of a case. The section should never interfere with an agency's area of expertise. The Office believes that its statutory role is to hold fair and efficient hearings, and the section will only apply if an agency rule directly conflicts with that goal. Second, the commenter construed the section to be a violation of the requirement in Texas Government Code, sec.2001.058 that the judge consider applicable agency rules. The Office construes the section as complying with the statutory standard, because the judge will, of necessity, carefully consider an agency rule in making a determination under sec.155.5(3). Third, the commenter argued the section could require an agency to carry an additional factual and legal burden to justify its rule, adding to the cost of presenting its case. The Office believes the issue will only arise on rare occasions, and that the section's goal of aiding the judge in providing all parties fair and efficient hearings outweighs any slight increase in an agency's workload in such exceptional instances. Fourth, the commenter criticized the section for failing to require the judge to specify the factual and legal basis for such a finding. The Office believes that the most efficient way to handle the issue is to give the judge discretion to tailor each decision to the particular needs of each case. Finally, the commenter opposed the rule because it does not require a written order to be entered in sufficient time prior to the close of an evidentiary hearing for the agency to develop a factual and legal basis supporting its rule. Again, the Office believes leaving the timing and form of the judge's determination of such conflicts discretionary will aid in achieving the most fair and efficient process in each case. Another commenter supported adoption of sec.155.5(3), analogizing it to 16 Texas Administrative Code sec.22.5(b), which allows a judge to grant exceptions to the PUC's procedural rules for "good cause." However, the commenter suggested that sec.155.5(3) be qualified to permit the judge to find an Office rule controls over an agency "procedural" rule, so that the rule as currently written could not be interpreted to permit a judge to find an Office rule controls over a substantive rule of an agency. While this qualifying language would work in cases referred to the Office by the PUC because it specifically identifies some of its rules as procedural and some as substantive, the Office finds that the majority of agencies do not make this distinction in their rules. Moreover, since the Office's rules are only procedural, the Office believes there is no possibility these rules could conflict with an agency's substantive rules. Comments relating to sec.155.22. One commenter interpreted sec.155.22(1)(A) to prohibit any requirement for the filing of documents in a general contested case with an agency's docket clerk. The Office wrote the section to ensure that parties file one of each document in such a case with the Office and to prohibit the current common practice of filing multiple copies with the Office. The section does not address filing requirements at other agencies. Two commenters opposed sec.155.22(1)(B)(iii), because it requires a party filing a document with the clerk at the PUC to serve a copy of that document on the judge at the Office. The commenters suggested that parties only be required to file documents in one place, and that the PUC should be responsible for delivering copies of all pertinent documents to the Office. The Office notes that this issue is a topic of continuing discussion between itself and the PUC, believes the issue will be efficiently resolved, but chooses not to place this burden on the PUC. The first sentence in sec.155.22 states that all filing and service rules may be modified by order of the judge. Therefore, if an informal delivery system is worked out between the PUC and the Office, the parties may not experience any additional service burden through this rulemaking. Two commenters opposed sec.155.22(1)(B)(iv) as originally proposed, pointing out that it closely paralleled the PUC rule, 16 Texas Administrative Code sec.22.204(d), but that unlike the PUC rule it neglected to require the court reporter to serve the transcript and exhibits on the judge. The Office agreed with the commenters that this inconsistency could prove confusing, and sec.155. 22(1)(B)(iv) as adopted makes this change. One commenter opposed sec.155. 22(1)(C)(ii) as originally proposed, because the analogous TNRCC rule, sec.261. 17(e), was changed to provide that the time of filing would be whichever was earlier-the date stamp affixed to the document by the chief clerk, or the date stamp affixed to the document by the commission mail room. The Office agreed that the inconsistency should be corrected, and sec.155.22(1)(C)(ii) as adopted makes this change. One commenter supported sec.155.22(2), which establishes procedures for filing confidential materials or service of materials on the judge for in camera review. However, the commenter suggested that a sentence be added to sec.155.22(2)(B) staying a judge's order to disclose documents deemed privileged by a producing party for ten working days while the party appealed the order to the PUC. The Office notes that this section applies to all cases referred for hearing by agencies and suggests that the proper place for such a change would be in the PUC's procedural rules. One commenter felt sec.155.22(2)(A) and (B) could result in confusion if a party wished to submit materials marked "confidential" for in camera review. The Office believes that close attention to the requirements in the subsections will avoid any potential confusion. 155.22(3) as originally proposed could cause confusion in PUC cases, because the Office filing rule, sec.155.22(1)(B), requires parties to file originals with the clerk at the PUC, and the proposed sec.155.22(3) required the party filing a discovery document with the Office to become custodian of the original. Therefore, adopted sec.155.22(3) made this change. Two commenters proposed changes to sec.155.22(7), concerning filing and service of documents at the Office by electronic transmission; the proposed changes, however, were based on misunderstandings of the rule. The first commenter read the rule as permitting electronic transmission of documents to the Office only in cases referred by the PUC and TNRCC. The Office modified the first sentence in sec.155.22(7), so that the adopted sec.155.22(7) more clearly indicates that electronic transmission of documents is permitted both for filing of documents in general cases and service of documents on the judge in PUC and TNRCC cases. The second commenter felt that the requirement in sec.155.22(7) that the sender maintain the original of the transmitted document was inconsistent with the requirement in the Office filing rule, sec.155.22(1) (B), that parties file originals with the clerk at the PUC. However, the Office notes that the PUC procedural rule concerning electronic transmission, 16 Texas Administrative Code sec.22.71(f), permits filing a facsimile copy in lieu of an original. Read together, the rules are consistent. Comments relating to sec.155.55. Three commenters suggested that proposed sec.155.55(a) should be modified to use the term "certified issue" instead of "certified question," because that terminology is used in the PUC's certified question rule, 16 TAC sec.22.127. The Office agreed, and that change was made in the text of adopted sec.155.55(a). However, the Office has retained the heading's reference to "Certified Questions," to maintain parallel construction with the heading of the subsection concerning TNRCC certified questions, sec.155.55(b). The three commenters also suggested changes to the time frames in proposed sec.155.55(a) to match the changes made by the PUC in its jointly adopted rule, 16 Texas Administrative Code sec.22.127, based on comments and discussions at their public hearing. The Office agreed, and adopted sec.155.55(a) was changed accordingly. One commenter suggested a change to the last sentence of sec.155.55(a)(3), to state that a PUC decision on a certified issue is not subject to motion for rehearing prior to issuance of a proposal for decision. The Office notes that sec.155.55(a) is jointly adopted with PUC rule 16 Texas Administrative Code sec.22.127. Since the PUC did not adopt this language, the Office will not. The new and amended rules are adopted under Government Code, Chapter 2003, which authorizes the State Office of Administrative Hearings to conduct contested case hearings, Government Code, Chapter 2001, sec.2001.004, which requires agencies to adopt rules of practice setting forth the nature and requirements of formal and informal procedures, Senate Bill 12, sec.1, 74th Legislature, Regular Session (to be codified at Government Code, Chapter 2003, sec.2003.047), and Senate Bill 373, sec.1.35, 74th Legislature, Regular Session (to be codified at Government Code, Chapter 2003, sec.2003.047). sec.155.22. Filings. The following requirements govern the filing or service on the judge of documents in contested cases pending before the Office unless modified by order of the judge. (1) Place for Filing Original Materials. (A) General Contested Cases. The original of all pleadings and documents in a contested case, except contested cases referred to the Office by the Public Utility Commission of Texas and the Texas Natural Resource Conservation Commission, shall be filed with the Office once it acquires jurisdiction under sec.155.7(b) of this title (relating to Jurisdiction). The time and date of filing shall be determined by the file stamp affixed by the Office. Unless otherwise ordered by the judge, only the original and no additional copies of any pleading or document shall be filed. (B) Cases Referred by the Public Utility Commission of Texas. (i) Except for exhibits filed at a prehearing conference or hearing, the original of all pleadings and documents in a contested case referred to the Office by the Public Utility Commission of Texas shall be filed with the clerk at the Public Utility Commission of Texas in accordance with the rules of the Public Utility Commission of Texas. (ii) The time and date of filing said materials shall be determined by the file stamp affixed by the clerk. (iii) The party filing a document with the clerk at the Public Utility Commission of Texas, except those excluded under sec.155.22(3) of this title (relating to Discovery Materials), shall supply a copy of the document to the judge; the party shall assure that the judge receives the copy on the same day as the filing. (iv) The court reporter shall serve the transcript and exhibits in a proceeding on the judge at the time the transcript is provided to the requesting party. The Office shall maintain the transcript and exhibits until they are released to the Public Utility Commission of Texas by the judge. If no court reporter is requested by a party, the Office shall maintain the record and exhibits until they are released to the Public Utility Commission of Texas by the judge. (C) Cases Referred by the Texas Natural Resource Conservation Commission. (i) Except for exhibits filed at a prehearing conference or hearing, the original of all pleadings and documents in a contested case referred to the Office by the Texas Natural Resource Conservation Commission shall be filed with the chief clerk at the Texas Natural Resource Conservation Commission in accordance with the rules of the Texas Natural Resource Conservation Commission. (ii) The time and date of filing said materials shall be determined by the file stamp affixed by the chief clerk, or as evidenced by the file stamp affixed to the document or envelope by the commission mail room, whichever is earlier. (iii) The party filing a document with the chief clerk at the Texas Natural Resource Conservation Commission, except those excluded under sec.155.22(3) of this title (relating to Discovery Materials), shall serve a copy of the document on the judge by delivery on the same day as the filing. (iv) The transcript and exhibits in a proceeding shall be served on the judge at the time the transcript is provided to the requesting party. The Office shall maintain the transcript and exhibits until they are released to the Texas Natural Resource Conservation Commission by the judge. If no court reporter is requested by a party, the Office shall maintain the record and exhibits until they are released to the Texas Natural Resource Conservation Commission by the judge. (2) Confidential Materials. (A) General Filings. A party filing materials made confidential by law shall file them in an enclosed, sealed and labelled container, accompanied by an explanatory cover letter. The cover letter shall identify the docket number and style of the case and explain the nature of the sealed materials. The container shall identify the docket number, style of the case, and name of the submitting party, and be marked "CONFIDENTIAL & UNDER SEAL" in bold print at least one inch in size. Each page of the confidential material shall be marked "confidential." (B) Materials Submitted for In Camera Review. A party submitting materials for in camera review by the judge shall supply them to the judge in an enclosed, sealed and labelled container, accompanied by an explanatory cover letter copied to all parties. The cover letter, addressed to the judge, shall identify the docket number, style of the case, explain the nature of the sealed materials, and specify the relief sought. The container, addressed to the judge, shall identify the docket number, style of the case, and name of the submitting party, and be marked "IN CAMERA REVIEW" in bold print at least one inch in size. Each page for which a privilege is asserted shall be marked "privileged." Said materials will not be received for filing by the Office unless the judge so orders. Unless otherwise ordered by the judge, materials reviewed in camera will be returned to the party which submitted them. (3) Discovery Materials. (A) Discovery documents shall be served upon other counsel or the parties, but shall not be filed with the Office or served on the judge in Public Utility Commission or Texas Natural Resource Conservation Commission cases, except on special order of the judge. The party responsible for service of the discovery material shall retain a true and accurate copy of the original documents and become their custodian. (B) If relief is sought in a discovery dispute, copies of the portions of the material in dispute only shall be filed with the Office contemporaneously with any pertinent motion. (C) If discovery documents are to be used at trial or are necessary to a prehearing motion which might result in a final order on any issue, only the portions to be used shall be supplied to the Office. (4) Service on All Parties. Pursuant to sec.155.21(d) of this title (relating to Appearance of Parties at Hearings; Representation), a copy of all filings shall be served on all parties. (5) Certificate of Service. The person filing the document shall include a certificate of service that certifies compliance with this rule. If a filing does not contain a certificate of service or otherwise show service on all other parties, and the judge, if applicable, the Office may: (A) return the filing; or (B) send notice of noncompliance to all parties, stating the filing will not be considered until all parties have been served; or (C) send a copy of the filing to all parties. (6) Time of Filing. Documents may be filed with the Office or served on the judge until 5:30 p.m. local time, Monday through Friday, on working days, unless otherwise ordered by the judge. (7) Electronically Transmitted Filings. Documents containing 20 or fewer pages, including exhibits, may be filed, or in Public Utility Commission or Texas Natural Resource Conservation Commission cases served on the judge, by electronic transmission according to the following requirements. (A) The quality of the original hard copy shall be clear and dark enough to transmit legibly. (B) Neither the original nor any additional copies of electronically transmitted filings should be filed with the Office. (C) The sender shall maintain the original of the document with the original signature affixed. (D) The date and time imprinted by the Office's fax machine on the transaction report that accompanies the document will determine the date and time of filing. Documents filed after 5:30 p.m. local time shall be deemed filed the first day following that is not a Saturday, Sunday or official state holiday. sec.155.55. Agency-Specific Rules. (a) Certified Questions In Cases Referred by the Public Utility Commission of Texas. The judge may certify to the Public Utility Commission of Texas an issue that involves an ultimate finding of compliance with or satisfaction of a statutory standard the determination of which is committed to the discretion or judgment of the commission by law. (1) Issues Eligible for Certification. The following types of issues are appropriate for certification: (A) the commission's interpretation of its rules and applicable statutes; (B) which rules or statutes are applicable to a proceeding; and (C) whether commission policy should be established or clarified as to a substantive or procedural issue of significance to the proceeding. (2) Procedure for Certification. The judge shall submit the certified issue to the secretary of the commission. The secretary shall place the certified issue on the commission's agenda to be considered at the earliest time practicable that is not earlier than twenty days after its submission. Parties may file briefs on the certified issue within thirteen days of its submission. The judge may abate the proceeding while a certified issue is pending. (3) Commission Action. The commission shall issue a written decision on the certified issue within thirty days of its submission. A commission decision on a certified issue is not subject to motion for rehearing. (b) Certified Questions In Cases Referred by the Texas Natural Resource Conservation Commission. On a motion by a party served on the judge or on the judge's own motion, the judge may certify a question to the Texas Natural Resource Conservation Commission at any time during a proceeding. (1) Issues Eligible for Certification. Issues regarding commission policy, jurisdiction, or the imposition of any sanction by the judge that would substantially impair a party's ability to present the case are appropriate for certification. Policy questions, for certification purposes, include, but are not limited to: (A) the commission's interpretation of its rules and applicable statutes; (B) which rules or statutes are applicable to a proceeding; and (C) whether commission policy should be established or clarified as to a substantive or procedural issue of significance to the proceeding. (2) Procedure for Certification. The certified question shall be filed with the chief clerk. Within five days after the certified question is filed, parties to the proceeding may file briefs or replies. The chief clerk shall provide copies of the certified question and any briefs or replies to the general counsel and commissioners. (A) Upon the request of the general counsel or one or more commissioners to the general counsel, the certified question will be scheduled for consideration during a commissioners' meeting. The chief clerk shall give the judge notice of the request. The judge may, in his or her discretion, abate the hearing until the commission answers the certified question, or continue with the hearing if the judge determines that no party will be substantially harmed by proceeding while awaiting a response. (B) If no request to set the question for consideration is received from the general counsel by the chief clerk within 15 days after filing, the commission's decision is that it does not wish to consider the question. 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 28, 1995. TRD-9510857 Sheila Bailey Taylor Deputy Chief Administrative Law Judge State Office of Administrative Hearings Effective date: September 18, 1995 Proposal publication date: July 18, 1995 For further information, please call: (512) 475-4993 TITLE 4. AGRICULTURE Part I. Texas Department of Agriculture Chapter 7. Pesticides 4 TAC sec.7.25, sec.7.26 The Texas Department of Agriculture (the department) adopts amendments to sec.7.25 and sec.7.26, concerning scope of pesticide application standards and notification requirements with changes to the proposed text as published in the May 23, 1995, issue of the Texas Register (20 TexReg 3811). The amendments are adopted in order to establish prior notification requirements for areawide government-sponsored spray programs such as the Texas Boll Weevil Eradication Foundation's (the foundation) boll weevil eradication program. Section 7.26 is adopted with changes. Section 7.25 is adopted without changes and will not be republished. The amendment to sec.7.26 is adopted with changes to subsection (o)(7) based upon a request that the raising of a flag or sign be specified in the rule as an option for providing notice of an application. The department agrees that this method should be specified as an option and has changed subparagraph (7) accordingly. The amendment to sec.7.25 clarifies that the exemption for regulatory pest control does not include the foundation or other similar entity in respect to the providing of prior notification. The amendment to sec.7.26 gives responsibility to the foundation or other similar program for the providing of prior notification to eligible persons, upon request. The amendment to sec.7.26 also provides requirements and procedures for requesting and receiving prior notification. Comments generally in favor of the proposal were received from Plains Cotton Growers, Inc. and the Texas Boll Weevil Eradication Foundation. As noted previously one commentor, Texas Rural Legal Aid, Inc. (TRLA) provided a comment regarding the methods of notification found at sec.7.26(o)(7). One other commentor requested that the proposed language be changed to require that the Texas Boll Weevil Eradication Foundation and other entities covered by the proposal provide prior notification to farmers whose land is being treated to avoid potential problems with early reentry by the farmer, his or her employees and contractors, or scouts and flaggers. The department does not agree with this request because the issue of notification to the farm operator is not an issue which is intended to be addressed by this rule. The rule is intended to pertain to notification to the public, not the landowner or farm operator, of applications made by certain areawide spray programs. The department extended the comment period to July 26, 1995, to allow members of the Agriculture Resources Protection Authority (ARPA) to comment on the proposal. One board member requested that comments submitted on preliminary drafts of the rule by interested parties from which the department sought input should be included as comments on the proposal. One comment to the preliminary draft was that the person requesting notification should be required to make that request to the foundation or other entity, rather than to the farm operator. Changes were made to the preliminary draft based on that comment and the amendment allows the requesting party to file a request with either the farm operator or the covered entity. The department believes including the option of filing a request with the farm operator is necessary because a requesting party may be more familiar with or more comfortable with dealing with the farm operator than with the foundation or other entity. Also, the requestor may wish to be notified of all applications, including those being made on the field in question by the farm operator, rather than the covered entity. If the requesting party prefers not to deal with the farm operator, a request may be made directly to the entity conducting the spray program for applications made by the program. Another comment requested clarification that a private entity would be covered by subsection (o). The department believes that the amendment is clear that it would cover a private entity if that entity is involved in a government- sponsored spray program, which is the intent of the rule. Another comment requested that parties be defined in subpart (o)(7). That language was also clarified in the proposal as a result of the comment. Another comment was that the notification to labor camps was too restrictive. That subpart was also amended on the basis of the comment to provide for posting in a central, on-site posting place readily accessible to labor camp residents. The amendments are adopted under the Texas Agriculture Code, sec.76.004, which provides the Texas Department of Agriculture with the authority to adopt rules for carrying out the provisions of Chapter 76; and sec.76.104, which authorizes the department to adopt rules for application of pesticides. sec.7.26. Notification Requirements. (a) Responsibility. Except as provided in subsection (o) of this section, the farm operator shall be responsible for meeting prior notification requirements. (b)-(n) (No change.) (o) Applications by the Texas Boll Weevil Eradication Foundation or other areawide pest control program sponsored by a governmental entity. (1) Responsibility. For applications made by the foundation as part of its boll weevil eradication program or other areawide pest control program sponsored by a governmental entity, the entity making the application or causing the application to be made is responsible for meeting prior notification requirements of this subsection. The farm operator is responsible for accepting requests for and providing prior notification in accordance with this section for applications made by the farm operator. (2) Who may request. A request for notification of an application made by an entity covered by this subsection may be made by all of those persons listed in subsection (c) of this section. No request is necessary for prior notification of farm labor camps owned, managed or controlled by a farm operator and located on or within 1/4 mile of a field on which pesticides are to be applied by the foundation or other entity; provided that the farm operator is responsible for notifying the foundation or other entity of the presence of such labor camps. (3) Filing and content of request. Requests made under this section shall be made in writing to the foundation or other entity or the farm operator and shall include all of the information required by subsection (d) of this section. (4) Notification by farm operator. The farm operator is responsible for notifying the foundation or other entity covered by this subsection of any requests for prior notification received by the farm operator relating to an application that will be made or caused to be made by the foundation or other entity. The information must be provided to the foundation or other entity within 24 hours of its receipt by the farm operator. The information may be provided: (A) by telephone at a telephone number obtained from the department; (B) by forwarding the written request to the foundation or other entity in the U.S. mail at a mailing address obtained from the department; or (C) by any other reasonable means, as long as the information is forwarded within 24 hours of its receipt. (5) Request for notification by the foundation or other entity. Prior to the making of the first application in each calendar year, the foundation or other entity shall request that the farm operator notify it of any requests for prior notification already in effect for property on which the foundation or other entity will be making applications and of any future requests for prior notification on that property. (6) Effective date and length of effectiveness of request. A request for prior notification under this subsection shall be in effect through December 31 of the year that the request is received. The foundation or other entity shall begin notifying the requesting party of scheduled pesticide applications within ten days of receipt of a request for notification. (7) Methods of notification and content of notice. (A) Notification shall be provided as follows. (i) Notification may be given in writing, by raising a flag/sign in the manner provided at (h)(1)(A) of this section, in person, by telephone in English or, when appropriate, Spanish, or by other means mutually agreed upon by the requesting party and the foundation or other entity. This agreement must be in writing and a copy filed with the department. For purposes of providing notice to medically affected persons or to licensed day care centers, primary and secondary schools, hospitals, inpatient clinics and nursing homes, "notification in writing" means other than by mail such as by posting a written notice on the requester's front door or at the requester's place of business. (ii) If the foundation or other entity is unable to reach a person entitled to notification under this section after making reasonable efforts, the foundation or other entity may immediately notify the department by telephone of the following information: (I) the name and telephone number(s) of the foundation or other entity; (II) the name and telephone number(s) of the requesting party; (III) the location of the field scheduled to be treated; (IV) the intended date and approximate time of the pesticide application; and (V) the trade and common chemical name of the pesticide. (iii) The department shall maintain a record of the information provided by the foundation or other entity. (iv) If the foundation or other entity telephones the department between 8:00 a.m. and 5:00 p.m., Monday-Friday, the department shall immediately attempt to telephone the requesting party and give notification of the scheduled application. A record showing the date and time of all such attempt shall be maintained by the department. (v) In addition to the methods of notification provided at subparagraph (7)(a) of this subsection, notification to farm labor camps may be provided in writing by placing a written notice on an on-site bulletin board or other central, on- site posting place which is readily accessible to labor camp residents. (B) The notice shall include: (i) the location of the field on which the application is to be made; (ii) the intended date and approximate time of application; (iii) the trade and common chemical name of the pesticide to be applied; and (iv) who to contact for additional information. (C) Notice shall be given no later than the day prior to a scheduled pesticide application. (8) Emergency provision. Advance notice need not be given on the day before an application when an immediate application is required and time does not reasonably allow the giving of notice on the day before the pesticide application. Notice of an emergency application shall be given: (A) by the method selected in accordance with subparagraph (7) (A) of this subsection as soon as reasonably possible before the application; or (B) by telephone or in person to a medically-affected person as soon as reasonably possible, but not less than one hour before the application. However, an emergency application need not be postponed if after reasonable efforts by the foundation or other entity actual notice cannot be given. (9) Duty to notify of address change. A person who has requested notice of a pesticide application under this section shall notify the foundation or other entity promptly and in writing of any change of address or telephone number. 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 24, 1995. TRD-9510782 Dolores Alvarado Hibbs Chief Administrative Law Judge Texas Department of Agriculture Effective date: September 14, 1995 Proposal publication date: May 23, 1995 For further information, please call: (512) 463-7583 TITLE 19. EDUCATION Part I. Texas Higher Education Coordinating Board Chapter 5. Program Development Subchapter K. Private and Out-of-State Public Degree-Granting Institutions Operating in Texas 19 TAC sec.5.214 The Texas Higher Education Coordinating Board adopts an amendment to sec.5. 214, concerning Standards for Nonexempt Institutions with changes to the proposed text as published in the June 9, 1995, issue of the Texas Register (20 TexReg 4191). The amendment was necessary because the Coordinating Board standard on governance of nonexempt degree-granting institutions was more restrictive than the corresponding criterion of the Commission on Colleges of the Southern Association of Colleges and Schools, the recognized agency whose accreditation is the basis for exemption of the majority of private degree-granting institutions in Texas. Accreditation by a recognized agency is required of all affected institutions by the Texas Education Code, Chapter 61, Subchapter G, after eight years of certification by the Board. The Board is making the change because it was found inappropriate to require a standard more stringent than that required for accreditation which is the goal set by law for all institutions certified by the Board to grant degrees. The amended standard will be applied equitably to all nonexempt institutions seeking certification to grant degrees in Texas. The effect will be to equalize the standard with the criterion required of the institutions that later seek accreditation as required by law. There were no comments received regarding adoption of the amendment. The amendment is adopted under the Texas Education Code, sec.61.305 which provides the Texas Higher Education Coordinating Board with the authority to adopt rules concerning Private and Out-of-State Public Degree-Granting Institutions Operating in Texas. 5.214. Standards for Nonexempt Institutions. (a) The decision to grant a certificate of authority to an institution will be based on its compliance with the following 24 standards, priority given to education, responsiveness to recommendations and suggestions for improvement, and, in the case of a renewal of a certificate of authority, record of improvement and progress following initial approval which would ensure accreditation within the allotted time. The 24 standards represent generally accepted administrative and academic practices and principles of accredited institutions of higher education in Texas. Such practices and principles are generally set forth by the Commission on Colleges, Southern Association of Colleges and Schools and by specialized accrediting bodies and the several academic and professional societies which have established standards for their members' programs such as the National Association of College and University Business Officers and the American Association of Collegiate Registrars and Admissions Officers. (1) (No change.) (2) Governing Board. The governing board, consisting of at least five members, must be an active policy-making body and must exercise its authority to ensure that the mission of the institution is carried out. Membership of the governing board of the institution shall be comprised of individuals who represent the institution's constituency, including faculty, students, and supporters. The presiding officer of the board, along with a majority of the other voting members, must have no contractual, employment, or personal or familial financial interest in the institution and derive no financial gain from the operations of the institution. (3)-(24) (No change.) (b) (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 23, 1995 TRD-9510718 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: September 14, 1995 Proposal publication date: June 9, 1995 For further information, please call: (512) 483-6160 Subchapter P. Testing and Remediation 19 TAC sec.5.313 The Texas Higher Education Coordinating Board adopts an amendment to sec.5. 313, concerning Testing and Remediation (Eligibility) with changes to the proposed text as published in the June 20, 1995, issue of the Texas Register (20 TexReg 4462). The Coordinating Board is charged by law to exempt students from the TASP due to certain scores on the ACT, SAT, AND TAAS tests. The board had originally set standards on these tests that was thought to exempt about 10% of all entering students from TASP. However, actual data from the first full year of these exemptions revealed that only about half that many had been exempted. Therefore, the board is adjusting the exemption standards to more closely approximate the desired level. More students will be exempted from TASP requirements. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Education Code, sec.51.306 which provides the Texas Higher Education Coordinating Board with the authority to adopt rules concerning Testing and Remediation (Eligibility). sec.5.313. Eligibility. (a) Any student with at least three college-level credit hours accumulated prior to the fall of 1989 shall not be required to take the examination. Such credit hours must be certified as college-level by the granting institution and need not be applicable toward a degree or certificate. In addition, students who perform at or above a level set by the Coordinating Board on the American College Test (ACT), Scholastic Assessment Test (SAT), or Texas Assessment of Academic Skills (TAAS), shall be exempt from the Texas Academic Skills Program. This exemption will be in effect for five years from the date the ACT or SAT test was taken and for three years from the date the TAAS test was taken. While tests may be retaken, ACT, SAT, or TAAS scores meeting or exceeding the standard set by the board must be achieved on a single test administration. Effective fall 1995 and until amended by the Board, standards for exemption from the Texas Academic Skills Program (TASP) are: (1) ACT: composite score of 26, with a minimum of 22 on both the English and the mathematics test; or (2) SAT: combined verbal and mathematics score of 1,180, with a minimum of 550 on both the verbal and the mathematical tests (recentered scale for tests taken April, 1995 and thereafter); or, for tests taken prior to April 1995, a combined verbal and mathematics score of 1090 with a minimum of 470 on the verbal test and a minimum of 530 on the mathematics test; or (3) TAAS: a minimum score of 1,780 on the writing test, and a Texas Learning Index (TLI) of 86 on the mathematics test and 89 on the reading test. (b)-(m) (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 23, 1995. TRD-9510717 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: September 14, 1995 Proposal publication date: June 20, 1995 For further information, please call: (512) 483-6160 TITLE 30. ENVIRONMENTAL QUALITY Part I. Texas Natural Resource Conservation Commission Chapter 330. Municipal Solid Waste Subchapter A. General Information 30 TAC sec.330.4 The Texas Natural Resource Conservation Commission (TNRCC) adopts an amendment to sec.330.4, concerning Municipal Solid Waste Management Type V Facilities, that are exempt from permit requirements. Section 330.4(q) is adopted without changes to the proposed text as published in the May 2, 1995, issue of the Texas Register (20 TexReg 3238). The adopted amendment deletes one sentence from a rule published in the January 24, 1995, issue of the Texas Register (20 TexReg 352). The rule went into effect on February 2, 1995. The sentence deleted by this amendment was inadvertently submitted to the Texas Register and was not in language approved by the TNRCC at its agenda meeting on January 11, 1995. The language in question deals with an exemption from permitting established by Senate Bill 963, 73rd Legislature (1993), which amended the Texas Solid Waste Disposal Act, sec.361.111. Only one written comment was received by a national waste management association agreeing with the amendment as proposed, and TNRCC wishes to acknowledge their supportive comment. The amendment is adopted under the Texas Water Code, sec.5.103, which provides the Texas Natural Resource Conservation Commission with the authority to adopt any rules necessary to carry out the powers and duties under the provisions of the Texas Water Code; and the Texas Solid Waste Disposal Code, sec.3.61.024 and sec.361.061 which provide the Texas Natural Resource Conservation Commission with the authority to regulate the operation, management and control of solid waste under its jurisdiction. 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 28, 1995. TRD-9510855 Lydia Gonzalez-Gromatzky Acting Director, Legal Services Division Texas Natural Resource Conservation Commission Effective date: September 18, 1995 Proposal publication date: May 2, 1995 For further information, please call: (512) 239-6087 TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part IX. Texas Commission on Jail Standards Chapter 259. New Construction Rules New Jail Design, Construction and Furnishing Requirements 37 TAC sec.259.162 The Texas Commission on Jail Standards adopts an amendment to sec.259.162, concerning New Construction Rules, without changes to the proposed text as published in the July 18, 1995, issue of the Texas Register (20 TexReg 5208). Adoption of this rule will delete the requirement for providing warm water at lavatories in court holding cells. The rule will function to clarify which lavatories are exempt from providing warm water. No comments were received regarding adoption of the amendment. The amendment is adopted under Government Code 511 which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing standards for the construction, equipment, maintenance and operation of county jails. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on August 24, 1995. TRD-9510754 Jack E. Crump Executive Director Commission on Jail Standards Effective date: September 14, 1995 Proposal publication date: July 18, 1995 For further information, please call: (512) 463-5505 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. Texas Department of Human Services Chapter 47. Primary Home Care Service Requirements 40 TAC sec.47.290, sec.47.2902 The Texas Department of Human Services (DHS) adopts amendments to sec.sec.47. 2901 and 47.2902, without changes to the proposed text published in the May 16, 1995, issue of the Texas Register (20 TexReg 3655). The justification for the amendments is to stipulate that an individual is eligible for retroactive payment for Medicaid services up to three months prior to the date of Medicaid application. The amendments will function by allowing individuals who are Medicaid eligible to immediately access services through the primary home care program. During the public comment period, DHS received one comment from the Houston Welfare Rights Organization in support of the proposal. 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 provides the Health and Human Services Commission with the authority to administer federal medical assistance funds. The amendments implement sec.sec.22.001-22.024 and sec.32.001-32.041 of the Human Resources Code. 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 24, 1995. TRD-9510714 Nancy Murphy Section Manager, Media and Policy Services Texas Department of Human Services Effective date: October 1, 1995 Proposal publication date: May 16, 1995 For further information, please call: (512) 450-3765 Chapter 48. Community Care for Aged and Disabled Case Management 40 TAC sec.48.3901 The Texas Department of Human Services (DHS) adopts amendments to sec.47.3901, without changes to the proposed text as published in the May 16, 1995, issue of the Texas Register (20 TexReg 3655). The justification for the amendments is to stipulate that an individual is eligible for retroactive payment for Medicaid services up to three months prior to the date of Medicaid application. The amendments will function by allowing individuals who are Medicaid eligible to immediately access services through the primary home care program. During the public comment period, DHS received one comment from the Houston Welfare Rights Organization in support of the proposal. 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 provides the Health and Human Services Commission with the authority to administer federal medical assistance funds. The amendments implement sec.sec.22.001-22.024 and sec.32.001-32.041 of the Human Resources Code. 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 24, 1995. TRD-9510715 Nancy Murphy Section Manager, Media and Policy Services Texas Department of Human Services Effective date: October 1, 1995 Proposal publication date: May 16, 1995 For further information, please call: (512) 450-3765 Chapter 79. Legal Services Subchapter R. Release Hearings 40 TAC sec.sec.79.1701-79.1716 The Texas Department of Human Services (DHS) adopts the repeal of sec.sec.79. 1701-79.1716, without changes to the proposed text as published in the July 21, 1995, issue of the Texas Register (20 TexReg 5370). The repeals are justified to delete the rules related to hearings held in cases involving child care facility licensing and adult protective services. The responsibility for the management of these programs was transferred from TDHS to the Department of Protective and Regulatory Services. The repeal of the rules from DHS's Legal Services rule chapter were inadvertently omitted at the time of the transfer. The repeals will function by ensuring that a conflict with the rules adopted for Long Term Care-Regulatory will not occur. The department received no comments regarding adoption of the repeals. The repeals are adopted under the Human Resources Code, Title 2, Chapter 22, which provides the department with the authority to administer public assistance program. The amendments implement sec.sec.22.001-22.024 and sec.32.001-32.041 of the Human Resources Code. 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 24, 1995. TRD-9510836 Nancy Murphy Section Manager, Media and Policy Services Texas Department of Human Services Effective date: October 1, 1995 Proposal publication date: July 21, 1995 For further information, please call: (512) 450-3765 Part IX. Texas Department on Aging Chapter 254. Operation of the Texas Department on Aging 40 TAC sec.254.13 The Texas Department on Aging adopts an amendment to sec.254.13, relating to the Department's responsibility to impose sanctions, with changes to the proposed text as published in the June 16, 1995 issue of the Texas Register (20 TexReg 4403). The amendment is necessary to correct references which have been outdated as a result of the reissue of the rules of the Texas Department on Aging. The Texas Association of Regional Councils, and the Board and staff of the Department commented on the rules. During the public hearing, additional changes were suggested to the paragraphing of the rule to improve logic and readability. As a consequence, subparagraph sec.254(c)(2)(iii) contains amended language. In subsection (f), subparagraph (1) was eliminated and subparagraph (2) was moved to (g) as subparagraph (1) with no changes in the text. The remaining subparagraphs in (g) were then renumbered with no changes to the text. The amendment is adopted under the Human Resources Code, Chapter 101, which provides the Texas Department on Aging with the authority to promulgate rules governing the operation of the Department. The Human Resources Code, Chapter 101, relating to the operation of the Texas Department on Aging, is affected by this action. sec.254.13. Department Responsibilities for Imposing Sanctions. (a)-(b) (No changes.) (c) Department Responsibilities. The Department shall take appropriate action to secure the continuing administrative compliance of the grantee. For failure to fulfill routine and standard administrative or operational requirements listed in subsection (b) of this section, the Department shall: (1) (No change.) (2) if no response is received by the due date the Department shall notify the grantee by certified mail, return receipt requested, no later than three working days after the due date of the items for which compliance has not been demonstrated and the effective date of the sanction to be imposed, in the following sequence: (A) withholding of funds from the grantee agency on a temporary basis for specifically budgeted function or service or any part thereof, for failure to meet administrative and operation requirements listed in subsection (b) of this section. (i)-(ii) (No change.) (iii) If the matter is not resolved by the end of the 90-day period, the Department may continue such suspension of funds and notify the grantee of intent to impose the sanction listed in subparagraph (B) of this paragraph using the procedures in this section. (B)-(C) (No change.) (d) Dedesignation. The Department may withdraw an area agency designation whenever the Department, for specific reasons and after reasonable notice and opportunity for a hearing as provided in sec.254.15. Hearing Procedures for Area Agencies on Aging finds that: (1)-(3) (No change.) (e) (No change.) (f) Notification of the Grantee/Contractor. The grantee shall be notified, by certified mail, return receipt requested, ten working days prior to the effective date of the dedesignation as an area agency on aging. Such notification shall explain the right of the agency to appeal such decisions as outlined in sec.254.15, Hearing Procedures for Area Agencies on Aging. (g) Procedures following withdrawal of designation. If the Department withdraws an area agency's designation, the Department shall take the following action. (1) Administration of the grant. If a grant to an area agency is terminated, the Department may administer the area plan during the period of termination or designate a new grantee. (2) Notify appropriate entities. The Department shall notify, by certified mail, return receipt requested, the Assistant Secretary on Aging Department of Health and Human Services, and those individuals and agencies specified in subsection (e) of this section. (3) Continue services. The Department shall provide a plan for the continuity of services in the affected planning and service area and will: (A) discontinue reimbursement to the grantee concerned; (B) notify service providers to submit requests for reimbursement directly to the Texas Department on Aging or to the designated contractor/grantee; (C) place a notice in local and regional newspapers advising that claims against the grantee related to Older Americans Act programs shall be referred to the Texas Department on Aging; and (D) designate an interim area agency in the planning and service area in a timely manner, or designate a new area agency in the planning and service area in a timely manner. (4) Administration by the Department. If necessary to ensure continuity of services in a PSA, the Department may for a period of up to 180 days after withdrawing designation of an area agency: (A)-(D) (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 24, 1995. TRD-9510750 Mary Sapp Executive Director Texas Department on Aging Effective date: September 14, 1995 Proposal publication date: June 16, 1995 For further information, please call: (512) 444-2727 Chapter 260. Area Agency on Aging Administrative Requirements 40 TAC sec.260.1, sec.260.2 The Texas Department on Aging adopts amendments to sec.260.1 relating to area agency on aging administrative monitoring requirements, and sec.260.2, relating to direct purchase of services policy with changes to the proposed text as published in the June 16, 1995, issue of the Texas Register (20 TexReg 4403). The purpose of these amendments is to update policy regarding these activities. No comments were received regarding adoption of the amendments. These amendments are proposed under Chapter 101, Human Resources Code, which provides the Texas Department on Aging with the authority to promulgate rules governing the operation of the Department. The Human Resources Code, Chapter 101, relating to the operation of the Texas Department on Aging, is affected by this action. sec.260.1. Area Agency on Aging Administrative Requirements. (a) -(d) (No change.) (e) Monitoring. (1) Area agencies shall conduct not less than one on-site fiscal and program monitoring of service providers during the legislative biennium. Fiscal and program monitoring shall be conducted concurrently if possible. (2) Desk reviews of subcontractors shall be conducted by the area agency on aging on all service providers during the fiscal year an on-site visit is not conducted. (3) Should the biannual monitoring reveal that the service provider is at "high risk," as defined in sec.270.2 of this Title (relating to definitions), the area agency will conduct annual followup monitoring until the high risk environment has been corrected. (4) An annual customer satisfaction survey of program participants/clients shall be conducted by all service providers. The results of this survey will be a part of the area agency's annual monitoring by the Department. (f)-(l) (No change.) sec.260.2. Area Agency on Aging Fiscal Responsibilities. (a)-(e) (No change.) (f) Contracting. Area agencies shall apply prudent business judgement in areas on contracting for services and goods to be purchased and the reimbursement methodologies to be used in funding such contracts. (1) (No change.) (2) The area agency shall use any or all of the four contracting methodologies for the procurement of goods and services for provision of services to older persons. These contracting methods are known as cost reimbursement, performance based unit rate, direct purchase of services and sole source procurement. (A)-(B) (No change.) (C) Direct purchase of service contracting is an alternative contracting methodology for the purchase of services. It allows for the purchase of service on a client-by-client basis instead of contracting annually by either the performance based or cost reimbursement methods. The area agency sets aside a sum of money, known as a direct purchase pool, to be used by Access and Assistance staff when developing an individual's care plan. Direct purchase of services match requirements are established in 40 TAC sec.260.19 of this title (relating to Direct Purchase of Services). (D) (No change.) (3)-(8) (No change.) (g) (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 24, 1995. TRD-9510751 Mary Sapp Executive Director Texas Department on Aging Effective date: September 14, 1995 Proposal publication date: June 16, 1995 For further information, please call: (512) 444-2727 Chapter 270. General Service Requirements 40 TAC sec.270.2 The Texas Department on Aging adopts an amendment to sec.270.2, concerning service definitions, without changes to the text published in the June 16, 1995, issue of the Texas Register (20 TexReg 4404). The purpose of this amendment is to include definitions for risk and risk analysis into the current definitions used by the Texas Department on Aging and Area Agencies on Aging in the monitoring of service delivery. No comments were received regarding adoption of the amendment. The amendment is adopted under Chapter 101, Human Resources Code, which provides the Texas Department on Aging with the authority to promulgate rules governing the operation of the Department. The Human Resources Code, Chapter 101, relating to the operation of the Texas Department on Aging, is affected by this proposed action. 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 24, 1995. TRD-9510752 Mary Sapp Executive Director Texas Department on Aging Effective date: September 14, 1995 Proposal publication date: June 16, 1995 For further information, please call: (512) 444-2727