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 31. NATURAL RESOURCES AND CONSERVATION Part X. Texas Water Development Board Chapter 355. Research and Planning Fund Subchapter A. General Research and Planning 31 TAC sec.sec.355.1-355.5, 355.8, 355.10 The Texas Water Development Board (the Board) adopts amendments to Chapter 355, Research and Planning Fund with a minor change to the proposed text as published in the August 18, 1995, issue of the Texas Register (20 TexReg 6301). Amendments to sec.sec.355.1, 355.4, and 355.8 expand the use of the research and planning fund to include aquifer storage and recovery planning. Amendment to sec.355.2 adds a definition for aquifer storage and recovery planning. Amendment to sec.355.3 increases the number of grant categories from three to four. Amendment to sec.355.5 defines the criteria to evaluate aquifer storage and recovery planning projects. Amendment to sec.355. 10 identifies funding limitations for aquifer storage and recovery planning projects at 50% grants. A minor change in sec.355.5(4)(A) replaces the word planing with the word planning. No comments were received regarding adoption of the amendments. The amendments are adopted under the Texas Water Code, sec.sec.6.101, 11.153(e), and 15.403, which requires the Board to adopt rules to carry out the purposes of the Texas Water Code. sec.355.1. General. This subchapter shall govern the board's use of the research and planning fund to provide money for water research, flood control planning, regional planning for water resources, and aquifer storage and recovery planning. sec.355.2. Definitions. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. Words defined in the applicable provisions of the Texas Water Code, Chapter 15, and not defined here shall have the meanings provided by such chapter. Aquifer storage and recovery planning-The process of determining the feasibility of aquifer storage and recovery projects prior to implementation of pilot projects for storage of appropriated water in aquifers and subsequent retrieval of such waters for beneficial use. sec.355.3. Legal and Fiscal Information. As funds become available, and needs are identified, the executive administrator will publish notice in the Texas Register requesting applications from eligible applicants for grants in one or more of the four categories. Applicants shall submit application(s) in the form and in the numbers prescribed by the executive administrator. The executive administrator may request additional information needed to evaluate the application, and may return any incomplete applications. Applicants may also submit and the executive administrator may also consider applications at any time, depending on availability of funds and demonstrated need. sec.355.4. Eligibility. Any person may apply for research grants, but only political subdivisions may apply for flood control, regional planning grants, and aquifer storage and recovery planning grants. Funding of projects shall be at the discretion of the board from funds in the research and planning fund. sec.355.5. Criteria. Applications will be evaluated by the executive administrator, considering, at a minimum, the following criteria. (1)-(3) (No change.) (4) Aquifer storage and recovery planning project criteria: (A) degree to which proposed planning duplicates previous or on-going planning; (B) overall project organization and budget; (C) adequacy of water conservation plan and commitment to water conservation; and (D) feasibility level scope of project. sec.355.8. Notice Requirements. For flood protection, regional planning projects, and aquifer storage and recovery planning projects, applicants must notify all cities, counties, non-profit water supply corporations, regional planning agencies, and all districts and authorities created under the Texas Constitution, Article III, Chapter 52, or Article XVI, Chapter 59, in the planning area by certified mail that an application for planning assistance is being filed with the board. The notice shall include the name and address of the applicant and the name of the applicant's manager or official representative; and brief description of the planning area; the purposes of the planning project; the board's name, address, and the name of a contact person with the board; a statement that any comments must be filed with the executive administrator and the applicant within 30 days of the date on which the notice is mailed. Prior to action by the board, the applicant must provide one copy of the notice sent to affected political subdivisions, a list of the political subdivisions to which notice was sent, and the date on which the notice was sent. The board may not act on such application before the end of the 30-day notice period unless all political subdivisions to which notice is required to be sent agree in writing to waive the notice period. sec.355.10. Funding Limitations. (a)-(f) (No change.) (g) Grants for aquifer storage and recovery planning shall be limited to 50% of the total cost of the project. 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 September 27, 1995. TRD-9512341 Craig D. Pedersen Executive Administrator Texas Water Development Board Effective date: October 18, 1995 Proposal publication date: August 18, 1995 For further information, please call: (512) 463-7981 TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part VII. Texas Commission on Law Enforcement Officer Standards and Education Chapter 211. Administrative Division 37 TAC sec.211.19 The Texas Commission on Law Enforcement Officer Standards and Education ("commission") adopts an amendment to sec.211.19, concerning published and unpublished documents, without changes to the proposed text as published in the July 25, 1995, issue of the Texas Register (20 TexReg 5482). The amendment to sec.211.19 authorizes the issuance of copies of documents to the general public and establishes a cost schedule for such documents. The commission provides published documents on a cost recovery basis, while unpublished documents, such as those that may be requested under the Open Records Act, are subject to the cost schedule established by the General Services Commission in compliance with Government Code, Chapter 552, sec.552. 261. No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Government Code, Chapter 415, sec.415.010(1) and (5), which provides the commission with the authority to pass rules for the administration of Chapter 415; under the Texas Government Code, Chapter 552, sec.552.261; and under Texas Government Code, Chapter 2001. 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 September 25, 1995. TRD-9512281 Edward T. Laine Chief, Professional Standards and Administrative Division Texas Commission on Law Enforcement Officer Standards and Education Effective date: October 30, 1995 Proposal publication date: July 25, 1995 For further information, please call: (512) 450-0188 37 TAC sec.211.31 The Texas Commission on Law Enforcement Officer Standards and Education ("commission") adopts new sec.211.31, concerning the adoption of a memorandum of understanding with the Texas Council on Offenders with Mental Impairments and the Texas Commission on Jail Standards as required by statute, without changes to the proposed text as published in the July 25, 1995, issue of the Texas Register (20 TexReg 5482). The memorandum of understanding establishes methods for identifying offenders in the criminal justice system who are mentally impaired, elderly, physically disabled, terminally ill, or significantly ill; developing procedures for the exchange of information relating to such offenders; and adopting rules and standards that assist in the development of a continuity of care and services program for such offenders. No comments were received regarding adoption of the new rule. The new section is adopted under the Texas Government Code, Chapter 415, sec.415.010(1), which provides the commission with the authority to pass rules for the administration of Chapter 415; under the Texas Health and Safety Code, Chapter 614, sec.614.016; and under Texas Government Code, Chapter 2001. 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 September 25, 1995. TRD-9512280 Edward T. Laine Chief, Professional Standards and Administrative Division Texas Commission on Law Enforcement Officer Standards and Education Effective date: October 30, 1995 Proposal publication date: July 25, 1995 For further information, please call: (512) 450-0188 37 TAC sec.211.85 The Texas Commission on Law Enforcement Officer Standards and Education ("commission") adopts an amendment to sec.211.85, concerning the issuance of a mental health officer proficiency certificate as provided for in Texas Government Code, sec.415.037, without changes to the proposed text as published in the July 25, 1995, issue of the Texas Register (20 TexReg 5483). The amendment to sec.211.85 outlines the qualifications and application procedure for the mental health officer proficiency certificate. The amendment also authorizes the commission to charge fees for the issuance of proficiency certificates. Additionally, sec.211.85 requires five specific courses for issuance of an intermediate jailer proficiency certificate, and four specific courses for the intermediate peace officer certificate. During the public comment period, the commission received comments from the Hewitt Police Department concerning the proliferation of certificates the commission currently offers, noting that certifications may be too specialized and misleading. In response to this comment, the commission cites the Texas Government Code, sec.415.037, which authorizes the Commission to offer this certification. The amendment is adopted under the Texas Government Code, Chapter 415, sec.415.010(1) and (5), which provides the commission with the authority to pass rules for the administration of Chapter 415, and sec.415.037, which authorizes the commission to issue this certification; under the Texas Government Code, Chapter 552, sec.552.261; and under Texas Government Code, Chapter 2001. 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 September 25, 1995. TRD-9512279 Edward T. Laine Chief, Professional Standards and Administrative Division Texas Commission on Law Enforcement Officer Standards and Education Effective date: October 30, 1995 Proposal publication date: July 25, 1995 For further information, please call: (512) 450-0188 Texas Department of Insurance Exempt Filing Notification Pursuant to the Insurance Code, Chapter 5, Subchapter L (Editor's Note: As required by the Insurance Code, Article 5.96 and 5. 97, the Texas Register publishes notices of actions taken by the Department of Insurance pursuant to Chapter 5, Subchapter L, of the Code. Board action taken under these articles is not subject to the Administrative Procedure Act. These actions become effective 15 days after the date of publication or on a later specified date. The text of the material being adopted will not be published, but may be examined in the offices of the Department of Insurance, 333 Guadalupe, Austin.) The Commissioner of Insurance, at a public hearing under Docket Number 2172 held at 9:00 a.m., September 22, 1995, in Special Master's Hearing Room 102 of the Texas Department of Insurance Building, 333 Guadalupe Street, Austin, Texas, adopted a form filing by the Texas Department of Transportation for a revised surety bond form entitled "Motor Transportation Broker Bond, Form 1897 9/95" (Bond). The bond is a requirement of Article 911m, Texas Civil Statutes, Chapter 6 Title 25, General Laws, acts of the Seventy Fourth Legislature, Regular Session 1995. The form was filed in the Chief Clerk's Office on August 25, 1995. The authority to regulate motor transportation brokers has been moved from the Texas Railroad Commission to the Texas Department of Transportation which requires the following revision to the Bond: The obligee on the Bond has been changed to the Texas Department of Transportation. References to the statute in the Bond have been revised to reflect Article 911m, Texas Civil Statutes, Chapter 6 Title 25, General Laws, acts of the Seventy Fourth Legislature, Regular Session 1995. There was one other minor revision to the Bond changing "KNOW ALL MEN BY THESE PRESENTS:" to "KNOW ALL PERSONS BY THESE PRESENTS:". The full text of the surety bond form filing (Reference Number O-0895-27), was published in the September 1, 1995, issue of the Texas Register (19 TexReg 6819). The Texas Department of Insurance has jurisdiction over this matter pursuant to the Insurance Code, Articles 5.13, 5.15, and 5.97. The full text of the surety bond form entitled "Motor Transportation Broker Bond", as adopted by the Texas Department of Insurance is filed with the Chief Clerk under (Reference Number O-0895-27) and is incorporated by reference by Commissioner Order Number 95-0991. This notification is made pursuant to the Insurance Code, Article 5.96, which exempts it from the requirements of the Administrative Procedure Act. The Texas Department of Insurance hereby certifies that the adopted form filing referenced herein has been reviewed by legal counsel and found to be within this agency's authority to adopt. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on September 27, 1995. TRD-9512339 Alicia M. Fechtel General Counsel and Chief Clerk Texas Department of Insurance Effective date: October 18, 1995 For further information, please call: (512) 463-6328