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 13. CULTURAL RESOURCES Part I. Texas State Library and Archives Commission Chapter 1. Library Development Grants: Electronic Access 13 TAC sec.1.100, sec.1.101 The Texas State Library and Archives Commission adopts new sec.1.100 and sec.1.101, concerning grants and standards for public library connections to the Internet. New sec.1.100 and sec.1.101 are adopted with changes to the proposed text as published in the September 29, 1995, issue of the Texas Register (20 TexReg 7908). The sections are adopted to set forth the purpose, criteria, and procedures to award grants to public libraries and establish standards for public library Internet connections. The grants will assist public libraries to gain access to the Internet and electronic information as provided for in the 1996-1997 General Appropriations Act (74th Legislature, House Bill Number 1, Article I, Library and Archives Commission, Rider #7, Assistance to Public Libraries). The State Library will solicit applications from and award grants to individual libraries or groups of libraries to install Internet connections in local libraries. These connections will allow public library users and staff to search for and create copies of information on the Internet and the World-Wide Web, and will make existing computer catalogs available for library users statewide. There were a number of comments suggesting that specific sections were unclear as follows: clarify that frame-relay circuits are not excluded; clarify that the term 'computer' in the definition of 'host' includes a terminal; references to HTTP/1.0 client should be changed to HTTP/1.0 client or higher; clarify if it is intended that Internet Service Providers use 28.8K modems, but it is acceptable if local line quality drops the performance to below that; clarify what catalogs would be required to be available on the Internet; clarify whether public access must be unmediated or mediated; and in sec.1.101(e)(7) and sec.1.101(e)(7) clarify the difference between dial-up and dial-in. Changes were made to clarify all of these issues. One person requested funding for shell accounts. Shell accounts were not added to the eligible connections because the alternative SLIP or PPP accounts are fast becoming the standard for personal and small business commercial dialup accounts. While the initial setup may be slightly more difficult, the fact that these accounts are sold for home use indicates that they are not so difficult that small libraries cannot use them. A SLIP or PPP account allows point-and- click Internet browsing, ftp transfers, and other applications that are more difficult and slower with a shell account. A phase-in period for graphical user interfaces was requested. This was not added because the only instance in which a library would be required to install all graphical interfaces would be in a project that combined installing a new wide-area network and computers, for instance a new catalog and circulation system, along with the Internet connection. One person requested that static addressing be required only for dedicated connections because of a concern about the availability of this service from Internet providers. No change was made because Internet connections without a static address and Domain Name Service are less useful for library services. For example, many anonymous ftp sites will not allow access if the address cannot be resolved. In addition, access to licensed databases, such as the full-text journals available through the Texas State Electronic Library, cannot be easily limited to public libraries if those libraries do not have static or fixed addresses which can be identified as public libraries. An Internet provider who commented on the proposed rules provides static addresses for all accounts. A number of people commented that the requirement for 1 Internet host for every 30,000 circulations from each location was too stringent. Suggestions for change were as follows: increase the number of circulations per host to 50, 000 or 60,000; extend the time to meet the requirement; count public dial-up ports to meet this requirement; and revise the standard to reflect the number of concurrent users that can be accommodated on the system. The requirement was changed to 1 for every 50,000 circulations project-wide, and to allow a limited number of dial-up ports to be used to meet the requirement. Because of cost, inconvenience, and security risks, several people wanted to limit the kinds or amounts of services available to users, including FTP, downloading, printing, and making an existing on-line public access library catalog available. Just as local libraries can limit the use of print and other resources, for example by setting a number of books that can be checked out at one time, they can limit the use of Internet resources by limiting the amount of time a single user can spend on the computer, or the amount of downloading that can be done. WWW browsers allow access to and mailing, printing, and saving to disk of Internet files as part of their normal operations. Allowing copying of files from the Internet to a local computer does entail a small risk of viruses. This risk is similar to the risk of damage to print or audiovisual materials in the collection incurred by allowing users to check them out. Text-based browsers available through dumb terminals attached to an on-line public access catalog will not allow users to FTP files to a diskette. This service should still be available to users through the GUI host at the location. FTP should have no more impact on bandwidth than web browsing; every file that is viewed is transferred to the local computer (either to memory or to a disk cache), whether it is then saved to a disk or not. The ability to print is necessary for good service; while a patron can quickly note down call numbers from the catalog to check the shelves, reading a full-text article on-line is difficult for the patron and ties up the access point and the library's Internet connection. Sending a copy by electronic mail to the patron's own e-mail account, where it can be read off- line or printed on the patron's own computer, is the most convenient for both patron and library. Copying the file to diskette is second. However, both of those methods require that the patron have access to a computer elsewhere to read or print the file, so printing needs to be available for patrons who do not have a computer available. Over 75 library catalogs are already available on the Internet in Texas alone, and appropriate security procedures for these types of systems are well-known. Even in systems, such as banking, where there is a financial gain in compromising the system, over 95% of security breaches involve an insider, generally a staff member. (Most of the others involve careless procedures outside the computer system, such as writing down passwords or PINs.) The risks from unintentional damage by staff or users are much higher than the risk of damage from users over the Internet. Section 1.72 of this title (relating to Public Library Service) governs the services that libraries may and may not charge for; it would allow printing charges and selling diskettes to patrons on which to download files. There is no need to duplicate this section. One person suggested that libraries should be allowed to limit services such as personal electronic mail and FTP to staff with a work-related need. The rules require staff to have access to an e-mail account, not necessarily an individual account. Staff need to have access to the listed Internet services in order to learn to use Internet information services and to use them effectively in their jobs. Ability to FTP beyond what is provided by a web browser should be an administrative decision, and the rule was changed to reflect this. One person requested elimination of points in the evaluation of grant applications for the number of dial-up lines. The grant program is designed to encourage the broadest possible access to Internet information through the public library connections funded; dial-up ports are a way to provide more access to users, more conveniently (for those with computers and modems), and for more hours. Dial-up access from outside the building is not required, and a relatively small number of points is awarded to grant applications that provide it. A number of people asked that telephone line costs and long-distance charges be included as eligible costs. In response to these concerns, the proposed rules were amended to include up to six months of these costs in order to assist libraries during the initial phase of establishing an Internet connection for the library and training for library staff. A library will have to pay the ongoing costs of a connection after the grant period ends. Libraries should consider whether they can pay these continuing costs before applying for a grant. Some stated that in-kind matches should be eligible; that the required match was too high; that 50% of the grant amount was confusing; that the match should not be required at the beginning of a grant period, but at the end; that matching funds from other organizations require a commitment to fund rather than cash in hand; that there was not enough time for library directors to work with local funding agencies and other interested groups to get the matching funds; that matching funds could be omitted; and that the prior expenditure time be extended and apply to more than planning costs. Changes were made in sec.1.101(g) and (h) to clarify the amount of match required; to eliminate the cash requirement; and to extend the matching period back in time and broaden its coverage, for the first year of the grant only. There were also requests not to require training, or allow training other than that from the State Library to satisfy the requirement. One of the comments that was made repeatedly was that training was essential to allow full use of the capabilities provided by the connections. About $125,000 has been budgeted to provide training statewide for local library staff. This will allow comprehensive and uniform workshops statewide, the hiring of expert trainers, and a follow-up program on-line to help people as they employ their new skills. Connecting public libraries to the Internet is the first step in building a statewide cooperative network, and a common background is essential in that effort. While some libraries, especially the larger ones, may want to supplement this training, all the libraries receiving grants need to participate in the statewide training to effectively use their Internet connection. Comments were received from Alamo Area Library System, Corpus Christi Public Library, Big Country Library System, Boerne Public Library, Cameron County and Hidalgo County Library System Link Committee, Cameron-J. Jarvis Troup Municipal Library, Central Texas Library System, County of Dimmitt, Dallas Public Library, Dittlinger Memorial Library, El Paso Public Library, Harris County Public Library, Houston Area Library Automation Network, McAllen Memorial Library, North East Texas Library System, Poteet Public Library, Rosenberg Library, Rusk County Public Library, Seguin-Guadalupe County Public Library, Singletary Memorial Library, South Texas Library System, Terrell Public Library, the Small Communities Round Table of the Texas Library Association, Tye Preston Memorial Library, Valley Telecommunications, Van Alstyne Public Library, Wharton County Library, Wimberly Public Library. The new sections are adopted under Senate Bill 366 (Acts of the 74th Legislature, sec.9) which provides the Commission the authority to provide grants to meet specific needs of local libraries that are not adequately addressed under other law. sec.1.100. Standards for Local Public Library Internet Access. (a) Definitions. The following words and terms, when used in this undesignated head shall have the following meanings, unless the context clearly indicates otherwise. (1) Administrative staff-Library staff whose responsibilities include management or supervision. (2) Bandwidth-The amount of data that can be sent through a given communications circuit per second, generally expressed as kilobits per second (Kbps). (3) Client-A computer system or process that requests a service of another computer system or process (a "server") according to a specified protocol. (4) Dedicated connection-A permanent, as opposed to dialup, connection between machines established over a telephone line, including permanent virtual circuits. (5) Dialup connection-A temporary, as opposed to dedicated, connection between machines established over a telephone line using modems. (6) Distributed system-A collection of computers whose distribution is transparent to the user so that the system appears as one local machine, and which usually uses a client-server organization. (7) Domain Name Server or Domain Name System (DNS) -A general-purpose distributed, replicated, data query service used on the Internet for translating host names into Internet addresses, as specified in RFC-1034 and 1035 (DOMAIN, Domain Name System) and RFC-974 (DNS-MX, Mail Routing and the Domain System) or their current successor documents. (8) Domain name-The common suffix in a Fully Qualified Domain Name that a group of computers share. (9) File Transfer Protocol (FTP)-A protocol for transferring files from one computer to another over the Internet, as specified in RFC-959 or its current successor document. (10) Format of Electronic Mail Messages (MAIL)-A format for transferring electronic mail messages from one computer to another over the Internet, as specified in RFC-822 or its current successor document. (11) Fully Qualified Domain Name (FQDN)-The full name of a computer system, consisting of its local host name and its domain name. (12) Gopher-A distributed document retrieval system that started at the University of Minnesota, as defined in RFC-1432 or its most current successor document. (13) Graphical User Interface (GUI)-The use of pictures rather than words to represent the input and output of a computer program. (14) Host name-The unique name by which a computer is known on a network, used to identify it in electronic information interchange. (15) Host-A computer (including a terminal) connected to a network. (16) Hypertext Markup Language (HTML)-A hypertext document format, using Standard Generalized Markup Language, used by the World Wide Web. (17) Hypertext Transfer Protocol (HTTP)-The client-server TCP/IP protocol used on the World Wide Web for the exchange of HTML documents. (18) Internet address-The 32-bit host address defined by the Internet Protocol in RFC-791, usually represented in dotted decimal notation. (19) Internet Architecture Board (IAB)-A technical advisory group of the Internet Society chartered by the Internet Society Trustees to provide oversight of the architecture of the Internet and its protocols. (20) Internet connection-A combination of hardware, software, and telecommunications services that allows a computer to communicate with any other computer on the worldwide network of networks known as the Internet, and that adheres to the required standard protocols listed in RFC-1800 or its current successor document. (21) Internet Protocol (IP)-A protocol for computer telecommunications as specified in RFC-791 or its current successor document. (22) Internet provider-An organization that is authorized to provide Internet connections to other organizations. (23) Management Information Base-II (MIB-II)-A specification of the managed objects to be defined in a internetwork management system as specified in RFC- 1213 or its current successor document. (24) Network-A hardware and software computer data communication system. (25) Protocol-A set of formal rules describing how to transmit data across a network. (26) Public service staff-Library staff whose primary responsibilities include helping library users to find and use information or materials; pages, shelvers, circulation and clerical staff (or others whose reference or reader's advisory duties are incidental) are not included. (27) Request for Comments (RFC)-A version of an Internet specification, published as part of the "Request for Comments" (RFC) document series, the official publication channel for Internet standards documents and other publications of the Internet Engineering Steering Group, Internet Architecture Board, and Internet community. (28) Server-A computer system or process that provides some service for other computers ("clients") connected to it via a network, according to a specified protocol. (29) Simple Mail Transfer Protocol (SMTP)-A mail transfer protocol defining an envelope to be used in delivering messages between computers on the Internet, as specified in RFC-821 or its current successor document. (30) Simple Network Management Protocol (SNMP)-A protocol for remote management and collection of network management information as specified in RFC- 1157 or its current successor document. (31) Technical services staff-Library staff whose primary responsibilities include selecting, cataloging, or indexing information or materials for the library collection. (32) Telnet Protocol (TELNET)-A protocol that allows a user on one computer to login remotely to another computer over the Internet, as specified in RFC-854 and 855 or their current successor documents. (33) Text-based-Working under a non-window-based operating system, as opposed to a graphical user interface. (34) Transmissions Control Protocol (TCP)-A protocol for computer telecommunications as specified in RFC-793 or its current successor document. (35) Wide Area Information Server (WAIS)-A distributed (client-server) information retrieval system that uses a protocol defined in the American National Standards Institute Z39.50. (36) World Wide Web (WWW)-An Internet client-server hypertext distributed information retrieval system using HTTP that originated from the CERN High- Energy Physics laboratories in Geneva, Switzerland. (b) These standards for local public library Internet access apply to all Internet connections funded in whole or in part by the Texas State Library and Archives Commission under Section 1.101 of this title (relating to Internet Assistance Grants). (1) Internet Protocol standards. All connections must implement TCP/IP, Telnet, File Transfer Protocol, Simple Mail Transfer Protocol and Format of Electronic Mail Messages. Dedicated connections must also implement Management Information Base-II and Simple Network Management Protocol. (2) Application standards. All new hosts must provide Internet access through a graphical HTTP/1.0 or higher client. All existing hosts must provide Internet access through a graphical user interface (GUI) HTTP/1.0 or higher client, if this is possible with existing network hardware and software and the addition of client software; if not, existing hosts must provide Internet access through a text-based HTTP/1.0 or higher client. (3) Bandwidth standards. All connections must have guaranteed availability of bandwidth. (A) Dedicated lines must have at least 56 Kbps available to the library at all times. (B) Dialup connections must be equipped by both the library and the provider to handle connections of at least 28.8 Kbps, regardless of the expected performance of the telephone line. Internet providers must guarantee service equivalent to a connection on 95% of connection attempts during the period 9:00 a.m. to 9:00 p.m. (local time) daily. (4) Addressing standards. Each Internet host must have an Internet address that is used only by the public library and its users; that is, temporary Internet addresses dynamically assigned by an Internet provider are not acceptable if they may also be assigned to other users. All Internet addresses must be resolvable to a fully qualified domain name through a Domain Name System. (5) Access Standards. Internet hosts must be available for the direct use of library users during all open hours of the library location. There must be at least one host available to library users in each library location. For dedicated connections there must be at least one host available to users for every 50,000 library circulations or greater part thereof per year. Up to one dial-up port for every 150,000 circulations may be counted as an available host. Library connections must allow users to: (A) Search and use information sources on the Internet and the World Wide Web, including those available by telnet, gopher, HTTP, WAIS, and FTP. (B) Obtain copies of information by electronic-mailing, downloading to a diskette, and printing. (6) All permanent public service staff must be trained to use and support library users in the use of Internet access; other permanent library staff must be trained to use networked information and services as needed to support their job tasks. (7) All permanent public service, technical service, and administrative staff must have access to e-mail, telnet and World Wide Web. (8) If the library operates a public access automated catalog that can support a telnet, HTTP, or Z39.50 server, the catalog must be made available to the general public on the Internet. sec.1.101. Internet Assistance Grants. (a) Purpose. Internet assistance grants are to help Texas public libraries acquire Internet connections for the delivery of networked information. (b) Eligibility. Public libraries that have been accredited as meeting the system membership requirements in sec.sec.1.82-1.85 of this title (relating to Minimum Standards for Accreditation of Public Libraries in the State Library System) for the state fiscal year for which the grant is awarded are eligible for Internet Assistance Grants. A public library or non-profit corporation may apply on behalf of a group of public libraries in a cooperative project, or for funding of the public library portion of a project including other types of libraries or organizations. Grants will not be awarded to libraries which evidenced poor performance on prior state or federally funded grant projects, as measured by adherence to all fiscal and programmatic requirements. (c) Standards requirements. All grant projects must result in Internet connections and services which meet the standards in sec.1.100 of this title (relating to Standards for Local Public Library Internet Access). (d) Selection criteria. This grant program is competitive. Applications for Internet Assistance Grants will be rated according to a system which awards points based on 9 criteria. These criteria are: (1) Connections. How many new Internet connections are created. (2) Need. Service to communities which have low median income or are isolated from educational, cultural, and information resources. (3) Staffing. How well-prepared local staff are to use networked electronic resources in their own jobs, and to help users use electronic resources to meet their information needs. (4) Local Commitment. Level of commitment from local governments, organizations, and individuals outside the library to building and maintaining electronic information resources and using electronic communications (for example, city and county governments, K-12 schools, community colleges, universities, non-profits, and the private sector). (5) Cooperation. Amount of cooperation among libraries in a geographic area. (6) Cost Effectiveness. How appropriate the chosen hardware, software, and service providers are for the project, given the cost of the project. (7) Access. How many public Internet access workstations are made available in the library, and how much dial-up access is made available to local patrons. (8) Electronic Resources. Level of significant local electronic information sources already in place, such as local government records and library catalogs. (9) Cost Sharing. Level of local funding available to share in the project costs. (e) Points for each criterion will be based primarily on the measures listed; raters may also consider other relevant factors in scoring each criterion. The measures and weights for the criteria are: (1) Connections. Number of library buildings that did not have them previously for which the project will provide Internet connections meeting the Standards for Local Public Library Internet Connections. Maximum Points 15. (2) Need. Median income according to the latest U.S. Census update available in July preceding the application for each county served by the participating libraries; percentage of the population served (the total assigned population of the participating libraries for the State Fiscal Year in which the grant is awarded) that is rural by the U.S. Census definition; average air distance of the participating libraries from the nearest city of over 100,000 population according to the latest U.S. Census estimate available on the first of the month preceding the application deadline. Maximum Points 15. (3) Staffing and Readiness. Full-time equivalent staff with American Library Association accredited master's degrees; average number of modules of Texas State Library Small Library Management training completed (for libraries serving under 25,000 population); average number of hours continuing education completed by staff in the preceding State Fiscal Year; number of staff who have completed an Internet workshop or course, or who have a personal account; number of existing staff or public access Internet connections. Maximum Points 10. (4) Local Commitment. Number of other organizations participating in the project; plans for building a community-wide network and the involvement of the library in them. Maximum Points 10. (5) Cooperation. Percentage of eligible public libraries in the Local Access Transport Areas (LATA) of the participating libraries that are participating. Maximum Points 10. (6) Cost Effectiveness. Total cost of the project per capita; estimated total operating cost per capita for the first year; estimated useful life of hardware and software. Maximum Points 10. (7) Access. Number of public Internet access hosts per capita; number of dial- up lines per capita. Population to be determined by total assigned population for the participating libraries as published in the latest edition of Texas Public Library Statistics. Maximum Points 10. (8) Electronic Resources. Number of bibliographic entries in an automated public library access catalog which will be made available on the Internet; significant local government records or other local information that will be made available on the Internet through the project. Maximum Points 5. (9) Cost Sharing. Percentage of the project cost available from local or other grant sources; ratio of local funding available at the time of application to the total project cost. Maximum Points 5. (f) Eligible costs. Eligible costs are: Central processing units (CPUs) and associated peripherals, storage devices, and telecommunications devices necessary to support dialup access, user interfaces, file searching, and TCP/IP telecommunications services such as electronic mail, telnet, and file transfer; purchase of software necessary to support dialup access, user interfaces, file searching, and TCP/IP telecommunications services such as electronic mail, telnet, and file transfer; up to six months of telecommunications line and associated equipment leasing or purchase to enable a connection to the most appropriate Internet point-of-presence, telecommunications usage and Internet service provider charges, and incoming telephone lines for dialup access; equipment installation, software development and installation, and telecommunications installation; one public access host per location; indirect and audit costs; travel expenses for required staff training; hardware and software to add voice and large print display capabilities for one public access host per location. Staff costs are not eligible. (g) Matching requirement. Each applicant must expend an amount at least equal to 30 % of the total budgeted project costs which are eligible grant costs, with the exception that additional public access hosts and staff costs are eligible as matching costs. If the matching requirement is not met, as determined by audit, the local government will have to refund all or a portion of the grant. The match can be from a foundation grant; gifts from citizens, corporations or organizations; friends of the library donations; revenues from the sale of bonds or certificates of obligation; federal funds; locally appropriated funds; or a combination. State or federal funds awarded to the grantee from any other State Library and Archives program may not be used as matching funds. Required matching funds must be available at the beginning of the grant period; applicants that have matching funds available at the time of application will receive a higher funding priority. (h) Prior expenditures. Expenditures by local applicants for consultant fees and preliminary planning costs of an approved project, made prior to the date of State Library approval, are eligible as matching funds, but only if made within the year prior to the date of the grant award contract. In the first year grants are awarded (State Fiscal Year 1996), the following costs are eligible as matching costs, if made after October 1, 1994: central processing units (CPUs) and associated peripherals, storage devices, and telecommunications devices necessary to support dialup access, user interfaces, file searching, and TCP/IP telecommunications services such as electronic mail, telnet, and file transfer; purchase of software necessary to support dialup access, user interfaces, file searching, and TCP/IP telecommunications services such as electronic mail, telnet, and file transfer; telecommunications equipment leasing or purchase to enable a direct permanent connection to the most appropriate Internet point-of- presence; and equipment installation, software development and installation, and telecommunications installation. (i) Training requirement. All permanent administrative, public service, and technical staff must complete the appropriate Internet training provided by the State Library. (j) Maximum award. The maximum grant award will be no more than half of the available funding in any given award period. (k) Application, grant review and award process. A prospective applicant must submit an application to the State Library and Archives Commission on the forms and at the time specified by the Commission. (1) The State Library staff will review all applications for eligibility and for compliance with all criteria and instructions. (2) A panel of three reviewers, not Texas residents, and experienced in public library service, Internet services, or both, will assign ratings to each application. (3) Staff will compute scores, and rank each application according to the total points received. (4) Funding recommendations to the State Library and Archives Commission will consist of the highest ranked applications, up to the limit of available funds. If available funds are insufficient to fully fund a proposal after the higher ranking proposals have been fully funded, staff will negotiate with the applicant to determine if a lesser amount would be acceptable. If the applicant does not agree to the lesser amount, the staff will negotiate with the next applicant on the ranked list. The process will be continued until all grant funds are awarded. (5) In the unlikely event that two proposals receive identical scores and funds are insufficient for both, staff will recommend awarding funds to the applicant requesting the lesser amount of state funding. If any funds remain after an award is made to this applicant, staff will negotiate with the other applicant in question. If these negotiations are unsuccessful, staff will negotiate with the next applicant on the ranked list. (6) Applications will be evaluated and ranked as objectively as possible. All applicants will be mailed the staff's preliminary findings and will be given an opportunity to respond before a final recommendation for funding is made to the Texas State Library and Archives Commission. (l) Contract. Following approval of the grant awards by the State Library and Archives Commission, the staff will provide successful applicants with a final application, which is to be completed and returned to the State Library. This includes the Application for State/Federal Assistance and supporting documentation. A contract with the applicant will be issued on the basis of the information in the final application. The staff will refer any problems with the final application to the applicant. If a final application cannot be approved or a contract executed, the selection procedures will be used to award the funds to another applicant or applicants. 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 November 9, 1995 TRD-9514535 Raymond Hitt Assistant State Librarian Texas State Library and Archives Commission Effective date: November 30, 1995 Proposal publication date: September 29, 1995 For further information, please call: (512) 463-5460 TITLE 31. NATURAL RESOURCES AND CONSERVATION Part I. General Land Office Chapter 1. Executive Administration Vacancies 31 TAC sec.1.3 The General Land Office, with the approval of the School Land Board, adopts an amendment to sec.1.3, concerning fees and charges which may be collected by the School Land Board, without changes to the proposed text as published in the September 5, 1995, issue of the Texas Register (20 TexReg 6915). This amendment deletes sec.1.3(c), School Land Board Fees and Charges, from Title 31, Part I (General Land Office). The schedule of School Land board fees and charges is moved to new sec.155.15 in Title 31, Part IV, with other School Land Board administrative rules. New sec.155.15 is being concurrently adopted with this amendment. No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Natural Resources Code, sec.sec.33.051, 33.052, 33.063, and 33.064, which authorizes the General Land Office and/or School Land Board to adopt procedural and substantive rules necessary to administer, implement, and enforce the Coastal Public Lands Management Act of 1973. 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 November 10, 1995. TRD-9514656 Garry Mauro Commissioner General Land Office Effective date: December 1, 1995 Proposal publication date: September 5, 1995 For further information, please call: (512) 305-9129 Chapter 17. Hearing Procedures 31 TAC sec.17.7 The Texas General Land Office adopts an amendment to sec.17.7, concerning administrative penalties for placement of unauthorized structures on state land, without changes to the proposed text as published in the September 5, 1995, issue of the Texas Register (20 TexReg 6918). This rule was amended to standardize penalties for similar violations of the statutes relative to the placement of unauthorized structures on state land and to provide alternative procedures for resolution of issues concerning such structures. The amended rule provides criteria to be taken into account by the commissioner, when assessing penalties, a procedure for developing a schedule of minimum penalties, and an informal procedure for resolving issues related to unauthorized structures on state land. No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Natural Resources Code, sec.51.014, which provides the commissioner with the authority to adopt rules necessary to carry out the provisions of the chapter. 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 November 10, 1995. TRD-9514655 Garry Mauro Commissioner General Land Office Effective date: December 1, 1995 Proposal publication date: September 5, 1995 For further information, please call: (512) 305-9129 Part II. Texas Parks and Wildlife Department Chapter 52. Wildlife and Fisheries Stocking Policy 31 TAC sec.sec.52.101, 52.103-52.105, 52.201, 52.202, 52.301, 52. 401 The Texas Parks and Wildlife Commission adopts amendments to sec.sec.52.101, 52.103-52.105, 52.201, 52.202, 52.301, and 52.401, concerning the fish and wildlife stocking policy, without changes to the proposed text as published in the September 29, 1995, issue of the Texas Register (20 TexReg 7940). The amendments conform stocking policy regulations with new rules concerning the trapping, transporting, and transplanting of game animals and game birds that were mandated by House Bill 1964, enacted during the 74th Legislature, and incorporate non-substantive changes for clarification purposes. The amendments are necessary to conform regulations to the provisions of House Bill 1964, Acts of the 74th Legislature, 1995, and to simplify, reorganize, and clarify regulatory policy. The amendments establish an authorization for private individuals to engage in wildlife stocking operations for valid management purposes; grant the executive director the power to authorize such activities; set forth the terms and conditions under which stocking activities may be authorized; and add language for clarification purposes. No comments were received regarding adoption of the amendments. The amendments are adopted under the Parks and Wildlife Code, sec.sec.1.012, 12. 001, 12.013-12.015, and 66.015, which provides the Parks and Wildlife Commission with the authority to promulgate regulations governing the stocking of wildlife in the 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 November 10, 1995. TRD-9514669 Bill Harvey, Ph.D. Regulatory Coordinator Texas Parks and Wildlife Department Effective date: December 1, 1995 Proposal publication date: September 29, 1995 For further information, please call: (512) 389-4642 Chapter 55. Law Enforcement Subchapter B. Procedure for Issuance of Mobile Beach Business Permits 31 TAC sec.sec.55.41-55.47 The Texas Parks and Wildlife Commission in a regularly scheduled public hearing, November 2, 1995, adopts the repeal of sec. sec.55.41-55.47, concerning Procedure for Issuance of Mobile Beach Business Permits, without changes to the proposed text as published in the September 15, 1995, issue of the Texas Register (20 TexReg 7261). House Bill 2365, enacted in the 74th session of the Texas Legislature transferred authority for issuance of mobile beach permits from the Parks and Wildlife Department to the county of jurisdiction in which an establishment is to operate. The repeals as adopted removes regulations from 31 TAC for which the Parks and Wildlife Commission no longer has statutory authority to promulgate. No comments were received regarding adoption of the repeals. The repeals are adopted under authority of Natural Resources Code, sec.61. 164 which transfers authority for issuance of mobile beach permits from the Parks and Wildlife Department to individual counties of 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 November 10, 1995. TRD-9514666 Bill Harvey, Ph.D. Regulatory Coordinator Texas Parks and Wildlife Department Effective date: December 1, 1995 Proposal publication date: September 15, 1995 For further information, please call: (512) 389-4642 Chapter 57. Fisheries The Texas Parks and Wildlife Commission adopts the repeal of sec.sec.57. 271- 57.281 and 57.283, and new sec.sec.57.271-57.284, concerning permits for scientific research, educational display, and zoological collection. Sections 57.275, 57.276, and 57.278 are adopted with changes to the proposed text as published in the September 29, 1995, issue of the Texas Register (20 TexReg 7952). Sections 57.271-57.274, 57.277, and 57.279-57.284 are adopted without changes and will not be republished. The change to sec.57.275 clarifies that non-profit entities must be educational in nature to receive an educational display permit, and that any governmental entity, not just municipalities, may apply for an educational display permit. The change to sec.57.276 relocates the requirement that a permittee possess written permission from the landowner to sec.57.278, concerning prohibited acts; and corrects a reference to a department address. House Bill 1964, enacted by the 74th Legislature, mandates the adoption of new regulations governing the issuance of scientific research, educational display, and zoological collection permits, including provisions for application procedures, injunctive relief, and fees, by no later than December 1, 1995. The repeals and new sections are necessary to implement the provisions of House Bill 1964. The repeals and new sections will function by establishing the criteria and procedures by which permits for scientific research, educational display, and zoological collection may be issued or canceled by the department; providing for reporting requirements; and setting fees for the permits. One comment was received concerning adoption of the proposed rules. An individual requested that the regulations require holders of federal collection permits in Texas to also possess a department-issued permit. The department responds that the regulations as written in fact require all collecting activities in Texas to be conducted under department-issued permits, and that any collection activity not authorized by the department is a violation. No change was made as a result of the comment. Scientific, Educational, and Zoological Permits 31 TAC sec.sec.57.271-57.281, 57.283 The repeals are adopted under the Parks and Wildlife Code, Chapter 43, Subchapter C, which provides the Parks and Wildlife Commission with the authority to establish regulations governing the collecting, holding, possession, propagation, release, display, or transport of protected wildlife for scientific research, educational display, zoological collection, or rehabilitation. 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 November 10, 1995. TRD-9514671 Bill Harvey, Ph.D. Regulatory Coordinator Texas Parks and Wildlife Department Effective date: December 1, 1995 Proposal publication date: September 29, 1995 For further information, please call: (512) 389-4642 31 TAC sec.sec.57.271-57.284 The new sections are adopted under the Parks and Wildlife Code, Chapter 43, Subchapter C, which provides the Parks and Wildlife Commission with the authority to establish regulations governing the collecting, holding, possession, propagation, release, display, or transport of protected wildlife for scientific research, educational display, zoological collection, or rehabilitation. sec.57.275. Qualifications. (a) Zoological collection permits shall be issued only to agents of recognized municipal or nonprofit zoological gardens or institutions accredited by the American Zoo and Aquarium Association (AZA) desiring to hold specimens for zoological, scientific or educational purposes. (b) Scientific research, educational display, transport and zoological collection permits shall be issued to named individuals only, and not in the name of agencies, firms, or institutions. (c) Scientific research permits shall not be issued to persons lacking adequate training, as determined by the department, in biological science applicable to the purpose for which the permit is to be issued, or to students not enrolled in graduate school. Persons who lack the necessary qualifications to be issued a permit but desire to engage in activities involving the handling of protected wildlife shall do so under the direct supervision of a qualified individual who has a valid permit issued under this undesignated head. (d) Educational display permits shall be issued only to qualified employees, representatives or agents of accredited primary, secondary or post-secondary educational institutions, governmental entities, or non-profit educational institutions. sec.57.276. Restrictions. (a) A permit issued under this undesignated head shall contain a listing of devices, means or methods, species, locations, or other conditions for the activities for which the permit is issued. (b) Specimens collected or held under a permit issued pursuant to this undesignated head may not be sold, bartered, or retained for personal use by the permittee, but may be donated or transferred only as described in sec.57. 277 of this title (relating to Final Disposition of Specimen). If specimens are donated to charitable organizations, public hospitals, orphanages, or indigent persons, the department-supplied receipt form(s) that accompanied the permit at the time of its issuance shall be promptly completed and forwarded to the department at Austin. (c) Collections by permittees may not be made on private premises without prior written consent of the owner, lessee, or operator, nor within state parks, preserves, or game management areas without additional written authorization from the department. Authority to make collections within state parks shall be obtained from the Natural Resource Program, Public Lands Division, Texas Parks and Wildlife Department, Austin Texas 78744. sec.57.278. Prohibited Acts. (a) The use of a device, means or methods, or other activity not authorized in a permit is violation of this undesignated head. (b) A permittee commits an offense if the permittee is on private property and fails to have on their person the written permission of the landowner, lessee, or operator to be on that property. (c) A permittee, while acting pursuant to the authority of a permit issued under this undesignated head, commits an offense if the permittee fails to comply with a provision of any state or federal law or regulation governing protected wildlife unless specifically exempted by a condition of the permit. (d) No permittee may transport or ship protected wildlife out of this state except as specifically authorized by a condition of the permit or by a letter of authority issued by the department. (e) Wildlife held in captivity or propagated under a permit issued pursuant to this undesignated head shall not be released from captivity unless such release is an explicit provision of the permit or is authorized in writing by the Department. 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 November 10, 1995. TRD-9514672 Bill Harvey, Ph.D. Regulatory Coordinator Texas Parks and Wildlife Department Effective date: December 1, 1995 Proposal publication date: September 29, 1995 For further information, please call: (512) 389-4642 Consistency with Federal Regulations in the Exclusive Economic Zone 31 TAC sec.57.801 The Texas Parks and Wildlife Commission in a regularly scheduled public hearing, November 2, 1995, adopts new sec.57.801, concerning the Exclusive Economic Zone (EEZ), without changes to the proposed text as published in the September 15, 1995, issue of the Texas Register (20 TexReg 7262). The passage of Senate Bill 733 by the 74th Legislature provided the Commission with the authority to delegate to the Executive Director the duties, responsibilities, and authority to take action as necessary to modify state coastal fisheries regulations in order to provide consistency with federal regulations in the EEZ. The new rule as adopted will allow better and more timely management of species which migrate between state and federal waters off Texas, and will improve law enforcement while reducing confusion for Gulf anglers. One comment was received from the Texas Shrimp Association requesting that before any rule change affecting the shrimp fishery is adopted, the Shrimp Advisory Committee should be consulted. One individual commented in favor of the proposed new rule, asking that the rule be adopted for consistency with all federal regulations. The agency agrees with comments received from the Texas Shrimp Association, noting that the procedure for involvement of the Shrimp Advisory Committee is established in existing rule. The agency agrees that the rule should be implemented as proposed to provide consistency with federal regulations, noting that Senate Bill 733 refers only to consistency with federal regulations implemented in the Exclusive Economic Zone. The new section is adopted under authority of Parks and Wildlife Code, Chapter 79. 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 November 10, 1995. TRD-9514673 Bill Harvey, Ph.D. Regulatory Coordinator Texas Parks and Wildlife Department Effective date: December 1, 1995 Proposal publication date: September 15, 1995 For further information, please call: (512) 389-4642 Chapter 65. Wildlife Subchapter C. Permits for Trapping, Transporting, and Transplanting Game Animals and Game Birds 31 TAC sec.sec.65.101, 65.103, 65.105, 65.107, 65.109, 65.111, 65. 113, 65.115, 65.117, 65.119 The Texas Parks and Wildlife Commission adopts new sec. sec.65.101, 65.103, 65. 105, 65.107, 65.109, 65.111, 65.113, 65.115, 65.117, and 65.119, concerning the trapping, transporting and transplanting of game animals and game birds. Sections 65.107, 65.111, and 65.115 are adopted with changes to the proposed text as published in the September 29, 1995, issue of the Texas Register (20 TexReg 7958). Sections 65.101, 65.103, 65.105, 65.109, 65.113, 65.117, and 65.119 are adopted without changes and will not be republished. House Bill 1964, enacted during the 74th Legislature, directs the Texas Parks and Wildlife Commission to adopt rules for the private trapping, transporting and transplanting of game animals and game birds pursuant to Texas Parks and Wildlife Code, Chapter 43, Subchapter E, by no later than December 1, 1995. The proposed new rules establish definitions; create the trap, transport, and transplant permit; create the urban white-tailed deer removal permit; set applications procedures and fees; establish conditions for the issuance of the permits; specify the conditions for keeping the permits and their period of validity; provide for the marking of game animals and game birds captured under such permits; stipulate reporting requirements; specify prohibited acts; and provide for penalties. The department received a total of 16 comments in response to the new rules. Fourteen comments supported adoption of the proposed rules, but six commenters offered suggestions for improvements. Three commenters opposed adoption of the proposed rules. The department has evaluated the suggestions and responds as follows. One commenter requested that the commission specify steel-leghold traps as illegal devices. The department responds that the regulations in question pertain to the trapping of game animals and game birds for the purposes of relocation, and that steel leghold traps by their very nature are contraindicated for such usage. One commenter asked that the wording of the nuisance squirrel provision be changed to require the release of live-trapped squirrels within 24 hours of capture. The department responds that the adopted regulations do, in fact, require the release of live-trapped squirrels within 24 hours of capture. An individual opposed the Urban Deer Removal regulations because the rules require relocated deer to be subject to hunting pressure, and because there seems to be no provision limiting trapping operations to times that do not interfere with animals with young. The department responds that statutory law requires relocated deer to be subject to hunting pressure, and that the regulations provide for the establishment of trapping periods based on biological criteria. One commenter opposed the proposed regulations because of concern that free- ranging tame deer could be removed by an individual from his or her property without the consent of other landowners. The department responds that all deer not possessed pursuant to a department-issued permit are wild animals, and as such fall under the provisions of the Parks and Wildlife Code as administered by the department. The purpose of the Urban Deer Removal permit is to relieve overpopulation of wild animals where conventional methodologies (i.e., hunting) are not practical because of safety concerns. Where such overpopulations are determined to exist, the department may authorize permits for removal. The same commenter also was concerned that the proposed rules did not stipulate qualifications for trappers. The department responds that the determination to authorize a permit resides with staff wildlife biologists whose duty is the protection of the resource; if, in the professional opinion of staff, a trapper appears to be unqualified, a permit may not be issued. One commenter questioned the need for a fee. The department responds that fees are necessary to recover the administrative costs incurred by the agency in administering the program. No change was made as a result of the comment. One commenter requested a year-round trapping period to better deal with problem deer. The department responds that sound biological practice dictates that deer be moved during a time period when they are likely to sustain the least possible amount of stress. No change was made as a result of the comment. One commenter stated that proposed sec.65.107(5) was too restrictive, in that it prevented anyone not named on a permit from observing or participating in permitted activities, which are often labor intensive. The department agreed with the comment and has made changes accordingly. One commenter observed that no provision in the proposed rules had been made for the recovery of costs associated with activities involving two parties. The department agreed with the comment and has made changes accordingly. One commenter noted that the proposed rules stipulated that permitted activities must be conducted at no cost to the state and suggested that the stipulation be changed to specify direct costs, since program development, administration, and oversight are all costs to the state. The department agreed with the comment and has made changes accordingly. One commenter stated that requiring permittees to file required reports within 15 days of the expiration of a permit seemed excessive. The department agreed with the comment and has made changes accordingly. In addition, the department hosted a meeting of approximately 100 landowners to review the proposed rules, and no comments opposing adoption were voiced. The new sections are adopted under the Parks and Wildlife Code, Chapter 43, Subchapter E, which provides the Parks and Wildlife Commission with the authority to establish regulations for trapping, transporting and transplanting of game animals and game birds in the state. sec.65.107. Permit Applications and Fees. (a) Permit applications. (1) Application for permits authorized under this subchapter shall be on a form prescribed by the department. (2) A single application may specify multiple trap and/or release sites. (3) A single application may not specify multiple species of game birds and/or game animals. (4) The application must be signed by: (A) the applicant; (B) the landowner or agent of the trap site(s); and (C) the landowner or agent of the release site(s). (5) The applicant may designate certain persons and/or companies that will be involved in the permitted activities, including direct handling, transport and release of game animals or game birds. In the absence of the permittee, at least one of the named persons and/or companies shall be present during the permitted activities. (b) Permit fees. (1) The department shall charge a nonrefundable application processing fee of $150 for permits authorized pursuant to this subchapter. (2) The department shall charge a nonrefundable application processing fee of $25 for amendments to existing permits. (3) The department will not process any permit application unless the application fee has been received by the department. (4) Applications to trap, transport, and transplant nuisance squirrels are exempt from application fees. (5) Applications for urban white-tailed deer removal permits that specify trap sites consisting solely of property owned by a political subdivision or institution of higher education of this state are exempt from application fees. sec.65.111. Permit Conditions and Period of Validity. (a) The permittee is responsible for all activities conducted under a permit issued under the authority of this subchapter. (b) In the absence of the permittee, at least one person and/or company listed on the permit must be present during permitted activities. (c) Activities authorized through permits under this subchapter must be conducted at no direct cost to the state. A permittee may distribute the cost of permitted activities by entering into cost-sharing agreements with other parties involved, but such cost-sharing arrangements shall not violate the provisions of sec.65.117 of this title (relating to Prohibited Acts). (d) The permittee shall notify the local game warden at least 24 hours prior to the commencement of permitted trapping activities. (e) If it is determined by the department that any condition listed on the permit has been violated, the department may suspend the permit after notifying the permittee that a violation has occurred. The permittee shall have 14 days from the date of such notice to request a hearing pursuant to sec.sec.51.21- 51.57 of this title (relating to Practice and Procedure in Contested Cases). (f) Permits issued pursuant to this subchapter shall expire at the end of the specified trapping period for that species. The maximum period of validity for a permit issued under this subchapter shall not exceed one year. (g) Unattended trapping equipment and devices at trap sites within incorporated areas shall be labeled with the owner's name, complete address, and telephone number; the date of trap site establishment; and the date the trap site was last visited. (h) Unattended trap sites that may pose a human health and safety hazard shall be clearly marked as such. sec.65.115. Reports. The permittee shall file a report on a form provided by the department not later than 30 days following the expiration date of the permit. The report shall identify, at a minimum: (1) the number of game animals or game birds trapped; (2) the sex of game animals or game birds trapped; (3) the locations where game animals or game birds were trapped and released; (4) the dates when trapping occurred; (5) the trapping methods used; and (6) any mortality incurred during the permitted activity and the disposition of carcasses. 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 November 10, 1995. TRD-9514670 Bill Harvey, Ph.D. Regulatory Coordinator Texas Parks and Wildlife Department Effective date: December 1, 1995 Proposal publication date: September 29, 1995 For further information, please call: (512) 389-4642 The Texas Parks and Wildlife Commission adopts the repeal of sec.sec.65. 601- 65.614 and new sec.sec.65.601-65.613, concerning scientific breeder's permits. Sections 65.602, 65.603, 65.606, and 65.608-65.611 are adopted with changes to the proposed text as published in the September 29, 1995, issue of the Texas Register (20 TexReg 7961). Sections 65.601, 65.604, 65.605, 65. 607, 65.612, and 65.613 are adopted without changes and will not be republished. The new rules eliminate references to sections of Parks and Wildlife Code that were repealed by House Bill 1964, enacted during the 74th Legislature; reorganize and simplify regulatory activity; and incorporate non-substantive changes for housekeeping purposes. The repeals and new rules are necessary to conform regulations to the provisions of House Bill 1964, Acts of the 74th Legislature, 1995, and to simplify, reorganize, and clarify regulatory policy. The repeals and new rules establish definitions; stipulate requirements and set forth privileges; provide for permit application and issuance procedures; establish fees; set forth facility standards; provide for inspections; specify the marking requirements for captive deer; establish reporting requirements; implement requirements for purchase and transport permits; specify prohibited acts; set forth provisions for the disposition of deer held under permit; and provide for penalties. Eleven comments were received concerning the new rules. All commenters supported the proposed rules; however, eight commenters made suggestions for changes. The department has evaluated the suggestions and responds as follows. One commenter requested that plastic, rather than metal ear tags be required for marking deer. The department responds that metal ear tags are mandated by statute. One commenter requested that provision be made for prepayment of the required fees. The department responds that permits are approved on a case-by-case basis and therefore it would be inappropriate for the department to collect monies in advance of permit approval. No change was made as a result of the comment. One commenter requested that there be no minimum space requirement for fawns that are being bottle fed. The department responds that the minimum space requirements are established in order to guarantee the safety and well-being of captive deer. No change was made as a result of the comment. One commenter requested that a definite period of validity be established for transport and purchase permits, and wanted all licenses to expire on the same day each year. The department responds that it agrees with the suggestion for periods of validity and has made the necessary changes, but the suggestion for simultaneous license expiration is not permitted by current statutory law. One commenter requested that temporary holding facilities be exempted from inspection requirements, because the frequency and number of release activities makes inspections prior to use a burdensome requirement. The department agreed with the comment and has made changes accordingly. One commenter disagreed with the provision that a person receive a purchase permit prior to purchasing any deer, and requested that the provision be changed to allow purchase, but not possession, without a permit. The department agreed with the comment and has made changes accordingly. One commenter observed that the provisions for temporary holding facilities excluded holders of scientific breeder permits and suggested that no such exclusion was necessary as long as the deer in one facility were not allowed to commingle with those in another. The department agreed with the comment and has made changes accordingly. A commenter wanted to know whether the requirement that game wardens be notified pending the transport of deer applied to deer coming to Texas from out of state and vice versa. The department has changed the provision to require such notification only when the county of origin or county of destination is in the state of Texas. The Texas Wildlife Association commented in favor of adoption of the proposed regulations. In addition, the department hosted a meeting of approximately 100 landowners to review the proposed rules, and no comments opposing adoption were voiced. Subchapter T. Scientific Breeder's Permits 31 TAC sec.sec.65.601-65.614 The repeals are adopted under the Parks and Wildlife Code, Chapter 43, Subchapter L, which provides the Parks and Wildlife Commission with the authority to promulgate regulations governing the issuance and conditions of scientific breeder's permits in the 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 November 10, 1995. TRD-9514667 Bill Harvey, Ph.D. Regulatory Coordinator Texas Parks and Wildlife Department Effective date: December 1, 1995 Proposal publication date: September 29, 1995 For further information, please call: (512) 389-4642 31 TAC sec.sec.65.601-65.613 The new sections are adopted under Parks and Wildlife Code, Chapter 43, Subchapter L, which provides the Parks and Wildlife Commission with the authority to promulgate regulations governing the issuance and conditions of scientific breeder's permits in the state. sec.65.602. Permit Requirement and Permit Privileges. (a) A person who possesses or seeks to possess deer for scientific, propagation or management purposes must hold, prior to possession of any deer, a valid scientific breeder's permit issued by the department, unless that person possesses a valid permit issued under the provisions of sec.sec.57.271-57. 284 of this title (relating to Scientific, Educational, and Zoological Permits) or Chapter 65, Subchapter C of this title (relating to Permits for the Trapping, Transporting, and Transplanting of Game Animals and Game Birds). (b) A person who possesses a valid scientific breeder's permit may: (1) engage in the business of breeding deer within the facility for which the permit was issued; (2) possess deer within the permitted facility for the purpose of propagation; and (3) sell deer that are in the legal possession of the permittee; and (4) release deer from a permitted facility onto property owned by the permit holder. sec.65.603. Application and Permit Issuance. (a) An applicant for a scientific breeder's permit shall submit the following to the department: (1) a completed notarized application on a form supplied by the department; (2) a management plan which identifies: (A) the activities proposed to be conducted; and (B) the purpose(s) for proposed activities; (3) a letter of endorsement by a certified wildlife biologist which states that: (A) the certified wildlife biologist has reviewed the management plan; (B) the activities identified in the management plan are adequate to accomplish the purposes for which the permit is sought; and (C) the facility identified in the application is adequate to conduct the proposed activities; (4) a diagram of the physical layout of the facility; (5) the application processing fee specified in sec.65.604 of this title (relating to Fees); and (6) any additional information that the department determines is necessary to process the application. (b) A scientific breeder's permit may be issued when: (1) the application and associated materials have been approved by the department; (2) the facility has been inspected and approved as specified in sec.65. 606 of this title (relating to Inspections); and (3) the department has received the fee as specified in sec.65.604 of this title (relating to Fees). (c) A scientific breeder's permit shall be valid for a period of one year from the date of issuance, unless suspended or revoked by the director in accordance with the provisions of Parks and Wildlife Code, sec.sec.12.501-12.507. (d) A scientific breeder's permit may be renewed annually, provided that the applicant: (1) is in compliance with the provisions of this subchapter; (2) has submitted a notarized application and associated materials required by this section; (3) has filed the annual report in a timely fashion, as required by sec.65.609 of this title (relating to Annual Reports and Records); and (4) has paid the permit renewal fee as specified in sec.65.604 of this title (relating to Fees). sec.65.606. Inspections. (a) The department may inspect the facilities of an applicant for or holder of a scientific breeder's permit at any reasonable time to ensure compliance with the standards specified in sec.65.605 of this title (relating to Holding Facility Standards and Care of Deer). (b) Each new facility or addition to an existing facility must be inspected prior to the placement of deer in that facility or addition. Temporary holding facilities in compliance with the provisions of sec.65.609(f) of this title (relating to Purchase of Deer and Purchase Permit) are exempt from the requirements of this subsection. (c) The department shall notify the applicant for or holder of a scientific breeder's permit of all deficiencies reported as a result of department inspections. (d) A scientific breeder's permit shall not be issued or renewed until deficiencies have been corrected. (e) When deficiencies exist, an applicant for a scientific breeder's permit may: (1) correct the deficiencies and request that the department reinspect the facility; or (2) withdraw the application. (f) A scientific breeder whose facilities are found to be deficient shall: (1) correct the deficiencies within 30 days of notification by the department; or (2) relinquish the permit and dispose of the deer as prescribed by sec.65.612 of this title (relating to Disposition of Deer). sec.65.608. Annual Reports and Records. (a) Each scientific breeder shall file an annual report by not later than 15 days following permit expiration on a form provided by the department. The report shall cover the 12-month period of validity for the permit and account for the disposition of all deer by providing the following information: (1) the number of deer possessed at beginning of report period; (2) the number of deer sold or transferred and the name and address of each purchaser and/or recipient of each deer; (3) the number of deer purchased and the name and address of person(s) from whom the deer were purchased; (4) the number of fawns born during the reporting period; (5) the number of deer that died and the cause of each mortality; (6) the number of deer released into the wild and location of each release; and (7) the number of deer possessed at the end of the reporting period. (b) The annual report shall also indicate the results of any scientific research conducted authorized under the permit during the permit year. (c) The holder of a scientific breeder's permit shall, on request, provide to the department adequate documentation as to the source or origin of all deer held in captivity. sec.65.609. Purchase of Deer and Purchase Permit. (a) Deer may be purchased or obtained for: (1) holding for propagation purposes if the purchaser possesses a valid scientific breeder's permit; or (2) liberation for stocking purposes. (b) Deer may be purchased or obtained only from: (1) a holder of a valid scientific breeder's permit; or (2) a lawful out-of-state source. (c) An individual may possess or obtain deer only after a purchase permit has been issued by the department. Purchase permits shall be effective for 90 days from the date of issuance and shall expire upon use. (d) A one-time, 90-day extension of effectiveness for a purchase permit may be obtained by notifying the department prior to the original expiration date of the purchase permit. (e) The department may issue a purchase permit for liberation for stocking purposes if the department determines that: (1) the release of deer will not detrimentally affect existing populations or systems; and (2) the release is in accordance with the provisions of the department's stocking policy, sec.sec.52.101-52.105, 52.201, 52.202, 52.301, and 52.401 of this title (relating to Stocking Policy). (f) Deer lawfully purchased or obtained for stocking purposes may be temporarily held in captivity: (1) to acclimate the deer to habitat conditions at the release site; (2) when specifically authorized by the department; (3) for a period to be specified on the purchase permit, not to exceed six months; (4) if the deer are maintained as set forth in sec.65.605(a)(1)-(4) of this title (relating to Holding Facility Standards and Care of Deer); (5) if the deer are not hunted prior to liberation; and (6) if the temporary holding facility is physically separate from any scientific breeder facility and the deer being temporarily held are not commingled with deer being held in a scientific breeder facility. Deer removed from a scientific breeder facility to a temporary holding facility shall not be returned to any scientific breeder facility. sec.65.610. Transport of Deer and Transport Permit. (a) The holder of a valid scientific breeder's permit or a designated agent may, without any additional permit, transport legally possessed deer: (1) to another scientific breeder when a valid purchase permit has been issued for that transaction; (2) to an individual who does not possess a scientific breeder's permit if a valid purchase permit for release into the wild for stocking purposes has been issued for that transaction; and (3) to and from an accredited veterinarian for the purpose of obtaining medical attention. (b) The department may issue a transport permit to an individual who does not possess a scientific breeder's permit if the individual is transporting deer for liberation purposes and the deer were legally purchased or obtained from: (1) a scientific breeder; or (2) a lawful out-of-state source. (c) All deer entering the boundaries of this state shall: (1) be accompanied by a certificate of health, signed by an accredited veterinarian, which bears the purchaser's name and address, specifies the destination of the deer, and certifies that the deer: (A) have been inspected by the veterinarian named on the certificate within ten days prior to the time of transport; (B) are free of external parasites; and (C) are free of evidence of contagious and communicable diseases; and (2) be accompanied by a permit or document from the government agency authorizing the exportation of the deer from the state or country of origin, if such permit or document was required as a condition for export from the state or country of origin. (d) Deer may not be transported for the purposes of this subchapter during any open season for deer or during the period beginning ten days immediately prior to an open season for deer unless: (1) the antlers of any male deer have been removed immediately above the pedicel; (2) the game warden in the county of origin of the deer, if the county of origin is within the state of Texas, and the game warden in the county of the destination of the deer, if the county is within the state of Texas, have been notified in writing; and (3) written permission has been granted by the game wardens in both the origin and destination counties, if such counties are within the state of Texas, and such written permission is carried with the deer during transportation. (e) Transport permits shall be effective for 90 days from the date of issuance and shall expire upon use. (f) A one-time, 90-day extension of effectiveness for a transport permit may be obtained by notifying the department prior to the original expiration date of the transport permit. sec.65.611. Prohibited Acts. (a) Deer obtained from the wild under the authority of a permit or letter of authority issued pursuant to Parks and Wildlife Code, Chapter 43, Subchapter C or E shall not be commingled with deer held under a scientific breeder's permit. (b) A person commits an offense if that person places or holds deer in captivity at any place or on any property other than property for which a scientific breeder's permit, or a permit authorized under other provisions of this title or Parks and Wildlife Code, is issued, except that a permittee may transport and temporarily hold deer at a veterinary facility for treatment. (c) No live deer taken from the wild may be possessed under a scientific breeder's permit. (d) No deer shall be held in a trailer or other vehicle of any type except for the purpose of immediate transportation from one location to another. (e) Possession of a scientific breeder's permit is not a defense to prosecution under any statute prohibiting abuse of animals. (f) No scientific breeder shall hunt or kill, or allow the hunting or killing of deer held pursuant to this subchapter. (g) No scientific breeder shall exceed the number of deer allowable for the permitted facility, as specified by the department on the scientific breeder's permit. 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 November 10, 1995. TRD-9514668 Bill Harvey, Ph.D. Regulatory Coordinator Texas Parks and Wildlife Department Effective date: December 1, 1995 Proposal publication date: September 29, 1995 For further information, please call: (512) 389-4642 Chapter 69. Resource Protection The Texas Parks and Wildlife Commission adopts the repeal of sec.sec.69.41, 69.43, 69.45, 69.47, 69.49, 69.51, 69.53, 69.55, and 69.57, and new sec.sec.69.41, 69.43, 69.45, 69.47, 69.49, 69.51, 69.53, 69.55, and 69.57, concerning wildlife rehabilitation permits, without changes to the proposed text as published in the September 29, 1995, issue of the Texas Register (20 TexReg 7964). The repeals and new rules are necessary to implement the provisions of House Bill 1964, enacted by the 74th Legislature. The repeals and new sections will function by establishing the criteria and procedures by which permits for wildlife rehabilitation may be issued or canceled by the department; providing for reporting requirements; and setting fees for the permits. No comments were received regarding adoption of the repeals and new sections. Wildlife Rehabilitation Permits 31 TAC sec.sec.69.41, 69.43, 69.45, 69.47, 69.49, 69.51, 69.53, 69.55, 69.57 The repeals are adopted under the Parks and Wildlife Code, Chapter 43, Subchapter C, which provides the Parks and Wildlife Commission with the authority to establish regulations governing wildlife rehabilitation. 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 November 10, 1995. TRD-9514664 Bill Harvey, Ph.D. Regulatory Coordinator Texas Parks and Wildlife Department Effective date: December 1, 1995 Proposal publication date: September 29, 1995 For further information, please call: (512) 389-4642 The new sections are adopted under the Parks and Wildlife Code, Chapter 43, Subchapter C, which provides the Parks and Wildlife Commission with the authority to establish regulations governing wildlife rehabilitation. 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 November 10, 1995. TRD-9514665 Bill Harvey, Ph.D. Regulatory Coordinator Texas Parks and Wildlife Department Effective date: December 1, 1995 Proposal publication date: September 29, 1995 For further information, please call: (512) 389-4642 Part IV. School Land Board Chapter 155. Land Resources Coastal Public Lands 31 TAC sec.155.1 The School Land Board (SLB) adopts an amendment to sec.155.1, concerning general provisions governing coastal public lands, without changes to the proposed text as published in the September 5, 1995, issue of the Texas Register (20 TexReg 6920). Section 155.1(b)(2)(A) and (B) have been added to provide for SLB approval of a general coastal easement for projects with minor or negligible impacts to coastal natural resources and to evidence approval of individual projects by a letter of authorization issued in the manner provided in sec.155.3 of this title (relating to Coastal Easements). Section 155.1(b)(2)(C) has been added to provide that letters of authorization may contain such special conditions as the SLB may determine necessary or appropriate to protect the natural resources. Section 155.1(c)(4) and (9) have been amended to clarify the definitions and the activities described. In sec.155.1(c)(4), the defined term has been changed to the more general "dredging" which is thought to include the terms "channel or channelization" formerly used for purposes of this definition. One comment was received, from the Texas Railroad Commission, pointing out that the activities authorized by the added provisions of sec.155.1 would have to be conducted in a manner consistent with the Texas Coastal Management Program (CMP) goals and policies, as well as the administrative rules that may be adopted to implement the CMP. It was suggested that this requirement be reflected in the rule; however, it was not thought appropriate to add such a provision to this rule since other proposed rules specifically address the application of the CMP consistency requirements. (See sec.155.1 of this title (relating to General Provisions) as proposed in the May 23, 1995, issue of the Texas Register (20 TexReg 3820) and Chapter 16 of this title (relating to Coastal Protection) as proposed in the May 30, 1995, issue of the Texas Register (20 TexReg 3954).) The amendment is adopted under the Texas Natural Resources Code, sec.33.064, which authorizes the SLB to adopt rules necessary to administer Texas Natural Resources Code, Chapter 33. 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 November 10, 1995. TRD-9514654 Garry Mauro Chairman School Land Board Effective date: December 1, 1995 Proposal publication date: September 5, 1995 For further information, please call: (512) 305-9129 31 TAC sec.155.3 The School Land Board (SLB) adopts an amendment to sec.155.3, relating to the granting of easements on coastal public lands, with changes to the proposed text as published in the September 5, 1995, issue of the Texas Register (20 TexReg 6921). Section 155.3(f) has been amended to clarify the scope of authority delegated to the commissioner of the General Land Office (GLO), or a staff member designated by him, to act on an application for an easement without a meeting of the SLB. The commissioner, or a staff member designated by him, may approve, disapprove, or approve with special conditions, an application for a coastal easement which requires the payment of annual fees that do not exceed $600, which proposes no new dredging or filling, and to which there are written objections. An editorial change has been made to sec.155.3(f)(1), replacing the phrase "an application form" with "a complete application form", to clarify the intent of the requirement. An editorial change was also made to sec.155.3(f)(2), replacing the word "depicted" with "described." Section 155.3(g) has been amended to clarify and update the criteria for decisions relative to the placement of various structures on coastal public lands. The changes focus the evaluation of an application for a coastal easement on impacts or potential impacts to the coastal natural resources. The rule has also been amended to include the authority to issue letters of authorization, which are authorized by a concurrently adopted amendment to sec.155.1 of this title (relating generally to coastal public lands). Section 155.3(g)(2)(C) has been changed to reflect consistency with the title and the intent of the provision by adding the words "or dock" after the word "pier" in each of the two places it is used in the text. Editorial changes were also made to sec.155.3(g)(3)(D) for clarification purposes. One comment was received, from the Texas Railroad Commission, pointing out that the activities authorized by sec.155.3 would have to be conducted in a manner consistent with the Texas Coastal Management Program (CMP) goals and policies, as well as the administrative rules that may be adopted to implement the CMP. It was suggested that this requirement be reflected in the rule. As a result of this comment, sec.155.3(g)(4)(B), relating to dredged material disposal area, has been changed to specifically reference the CMP requirements and to ensure compliance with federal, state and local laws. Similar clarifications were made to sec.155.3(g)(4)(A) and (C) to ensure compliance with the CMP. Finally, to improve the readibility of sec.155.3(g)(4)(D), the words "only minor" were deleted. This editorial change clarifies that remediation is not required when the environmental damage is "only minor." Section 155.3(g)(7)(A) has also been changed. The phrase "where maximum physical advantages exist and" has been deleted to eliminate a vague term which could lead to confusion. Editorial changes were also made to sec.155.3(i) and sec.155.3(j), for clarification purposes. The amendment is adopted under the Texas Natural Resources Code, Chapter 33, sec.33.064, which authorizes the SLB to adopt procedural and substantive rules necessary for the management of coastal public land. sec.155.3. Easements. (a) Littoral owner. The board may grant easement rights to the owner of adjacent littoral property authorizing the placement or location of a structure on coastal public lands for purposes connected with the ownership of littoral property. The granting of an easement pursuant to this rule, including the waiver below, will not be construed as recognition of a right existing in the littoral owner incident to the ownership of littoral property. The owner of littoral property may construct a pier which is not for commercial purposes, which does not exceed 100 feet in length nor 25 feet in width, and which requires no filling or dredging, without obtaining an easement from the board; however, the location and dimensions of any pier must be registered with the board as provided in sec.155.5 of this title (relating to Registration of Structures). (b) Permits from other agencies. In the event the activity for which the easement is sought requires the littoral owner to seek one or more permits from any other agency or department of government of the state, the board may agree with such agency or department to issue a single document incorporating all rights and privileges of the applicant. (c) Mineral or surface interest owner. The board may grant a channel easement to any surface or mineral interest holder for purposes necessary or appropriate to the use of such interests. (d) Texas Department of Transportation. The board may grant an easement according to these rules to the Texas Department of Transportation; however, each such easement will be negotiated on a case-by-case basis. (e) Application. An applicant desiring an easement must submit an application to the General Land Office on forms approved by the General Land Office, not less than 30 days prior to the desired approval date. If shoreline alteration is proposed, a survey plat and field notes may be required. In addition to submitting an application form, applicants are encouraged to present reasons why the easement should be granted. It is the responsibility of the applicant to demonstrate affirmatively that the proposed structure is in the public interest. The board may request any additional information it deems necessary. A nonrefundable filing fee made payable to the General Land Office must accompany each application. (f) Consideration of application. (1) Upon receipt of a complete application form and additional information requested by the board, the board may circulate it for review and comment to any member agency of the interagency council on Natural Resources and the Environment. (2) If a Department of the Army Corps of Engineers permit is required for the proposed work, the board may postpone a decision on the easement application pending receipt of comments on the work described in the Corps of Engineers public notice. (3) Unless otherwise authorized by these sections, the board will hold a meeting to evaluate, consider, and hear testimony on an application. Upon receipt of an application and all requested information, the board may issue, deny, or issue with qualifications, an easement contract. (4) The decision on an application for an easement which requires the payment of fees that do not exceed $600 per year, which proposes no new dredging or filling, and to which there are no written objections, and in which there is no commercial/industrial activity, may be made by the commissioner or any staff member he designates without a meeting of the board. (5) Upon receipt of all necessary application information, the board, the commissioner, or a staff member designated under paragraph (4) of this subsection, may issue, deny, or issue with qualifications, an easement contract. (g) Criteria for decision. An application for an easement on coastal public lands will be reviewed to insure conformity with the policies, practices, and procedures in these rules. Project proposals will be evaluated in accordance with the following guidelines: (1) Adverse impacts to coastal natural resources must be avoided to the extent practicable and minimized where unavoidable. Applicants may be required to provide appropriate mitigation for those impacts which are unavoidable. (2) Docks and piers. (A) Piers and docks will be limited to the minimum size necessary to serve the purpose of the project and will be constructed in a manner that does not interfere with navigation or other authorized uses. (B) Piers and docks will be designed and constructed in a manner that avoids existing marshes, oyster reefs, seagrass vegetation or shallow water capable of supporting these habitats to the extent practicable. Impacts to sensitive habitats that cannot be avoided will be minimized to the extent practicable. (C) When constructed for private/residential use, only one pier or dock, with normal appurtenances, may extend from each defined parcel of littoral property. A pier or dock shall extend perpendicular from a point on the shoreline which is not less than ten feet from the adjacent littoral owner's property line, unless such a design would obstruct navigation or would unreasonably interfere with an adjoining littoral property owner's use of the waterfront. (3) Dredged areas. (A) Propwashing is an unacceptable method of dredging and will not be approved. (B) Projects are to be designed and constructed to the minimum size necessary to serve the project purpose. Joint use of access channels by multiple littoral property owners is to be preferred to individual channels and will be encouraged. (C) Extension of piers into deeper water is preferred to the dredging of access channels or basins whenever practical. (D) A channel or basin should be designed to insure adequate flushing and to prevent the creation of conditions which are likely to cause stagnant water pockets. (E) The alignment of a channel or canal should make maximum use of a natural or existing channel. Design and alignment should minimize disruption of natural sheetflow, water flow, and drainage systems. (F) A channel proposed to be dredged through highly productive coastal public lands is discouraged and will be approved only in unusual circumstances. (G) Dredging should be conducted in a manner that minimizes turbidity and dispersal of dredged material. (4) Dredged material disposal area. (A) All dredged material should be placed on and contained within suitable upland sites of relatively low productivity above mean high water and where adverse effects of such disposal are minimized. (B) Dredge material containing hazardous substances, and which presents a threat to public health, safety or the environment, shall be disposed of only in compliance with federal, state and local laws and regulations; further (i) dredge material shall not be disposed of in any place where such disposal would adversely affect municipal water supplies, shellfish beds, fishery areas (including spawning and breeding areas), wildlife, or recreational areas; and (ii) disposal of dredge material shall be in accordance with sec.510. 14 of this title (relating to Texas Coastal Management Program Policies for Specific Activities and Coastal Natural Resource Areas). (C) Open water disposal shall comply with subparagraph (B) and shall be considered only if upland alternatives are not available. Any disposal in open waters must be in compliance with all federal, state and local laws and regulations and shall be consistent with the goals and policies of the Texas Coastal Management Program. (D) Consideration of habitat creation and improvement should be made when environmental damage results. (5) Jetty, groin, and breakwater. (A) No new groins will be authorized except under the most compelling circumstances upon request by a city, county, or other public entity for a public purpose. (B) Plans for construction of a jetty, groin, or breakwater must be analyzed to insure that the structure does not create adverse sediment transportation patterns that induce erosion or undesirable shoaling in adjacent areas. (C) In addition to adverse physical effects, care must be taken that a jetty, groin, or breakwater does not unduly interfere with public use. (6) Shoreline stabilization projects. (A) Vegetative cover is the preferred method of shoreline stabilization and shall be used where its use is practical. Impacts to sensitive habitat will be avoided whenever possible and minimized and mitigated when unavoidable. (B) Riprap is an acceptable method of shoreline stabilization if composed of interlocking brick, rock large enough not to be displaced by storms, or concrete rubble which is free of protruding rebar. Where possible, sloping riprapping should be used rather than a vertical seawall or bulkhead. Riprap material may extend seaward from the shoreline only as far as required to protect the shoreline. (C) The use of tires, automobile bodies or parts, appliances, trash and other unconsolidated material is not acceptable and shall not be approved. (D) Except in special circumstances, a bulkhead or seawall should be located no further seaward than the mean of the high water line, and designed so that reflected wave energy does not destroy stable marine bottom or constitute a safety hazard. (E) An application for the construction of a bulkhead on a significant coastal public marsh or grassflat, where such will lead to the destruction of this resource, will normally be denied. To avoid this, extreme care should be taken as to the location and type of construction planned for bulkheads in a wetland area. (7) Marinas. (A) Marinas should be located in areas where the least dredging and maintenance will be required. Plans for a marina should minimize the disruption of currents and the need for excavation of the shore area. Dead end or deep canals without adequate flushing should be avoided. (B) Each marina shall provide adequate facilities to its users for the reception of waste and/or garbage. Failure to insure that the users of a marina have access to facilities necessary for the proper and lawful disposal of waste and/or garbage on an ongoing basis may subject the easement to termination and the easement holder to any applicable civil and criminal penalties. (8) Landfills. (A) Landfills proposed in marshes and submerged grass bed areas normally will be denied. Consideration will be given to a landfill proposal for a water dependent use or public use on relatively unproductive coastal public lands. (B) A shoreline fill should be designed and located so that significant damage to existing ecological values or natural resources, or alternation of natural currents will not occur. (C) The perimeter of fills should be provided with vegetation, retaining walls, riprap, or other mechanisms for erosion prevention. (D) Fill material should be of such quality that it will not cause water quality degradation. Submerged land should not be considered for a sanitary landfill or the disposal of solid waste. (h) Consideration of application by mineral interest holder. The board will review and consider an application for a channel easement to a mineral interest holder on coastal public lands to insure conformity with the policies, practices, and procedures in these rules and regulations. Environmental recommendations for certain development and production activities will be provided to the mineral interest holder on bay tracts and certain other tracts in the notice of bids booklet published by the General Land Office. Updates of these recommendations will be furnished on request. Development activities conforming with these environmental recommendations normally will receive favorable consideration by the General Land Office. (i) Approval criteria. An easement, if granted by the board, will be approved subject to these rules in addition to such terms and conditions as may be prescribed in the contractual agreement. The board may waive a rule at its discretion. All structures on coastal public lands will be subject to inspection at any time by the board or their authorized representatives. Any easement contract will be for a specific purpose. If a change in the contractual agreement is desired, an amendment application must be filed. An applicant, by accepting an easement to occupy or otherwise place a structure on coastal public lands or water surface areas, agrees and consents to comply with and be bound by the following additional terms and conditions: (1) to keep the commissioner informed at all times of his or her address, and if a corporation, of the address of its principal place of business and the name and address of the officer or agent authorized to receive service of notice; (2) that the allowance of the easement will be subject to the express condition that the rights granted will not unduly prevent or interfere in any way with the management, administration of, or the granting, either prior or subsequent to the easement, of other rights by the board of any part of the area included in the easement; (3) that the structure authorized under contract will be maintained in proper order and will not be allowed to deteriorate to such a degree as to become a hazard or public nuisance; (4) that all of the surface estate of coastal public lands shall be worked, dredged, filled, or used in such a manner as to prevent pollution, and in the event of pollution, the easement holder shall use all reasonable means to recapture all pollutants which have escaped, whether by reason of a sudden and accidental release or any other means. The easement holder shall be responsible for all damage to public and private property which is the result of pollution arising from any use of the easement including, but not limited to, the easement holder's failure to provide adequate facilities for the reception of waste and/or garbage; (5) that the disposal or discharge of any waste or garbage into state waters from any marina, pier, dock, wharf, or any other structure located on coastal public lands is strictly prohibited. (j) Renewals. A request for renewal of an easement shall utilize the contract form, rate schedule, and adhere to rules and regulations in effect at the time the renewal is made. Any person requesting a renewal must submit an application form as required in this rule and must include the easement number and date of expiration of the existing easement. (k) Assignment. Assignment may be made of any interest rights granted in whole or in part subject to the written approval of the commissioner. Any such assignment must be filed in triplicate accompanied by a written request for approval in which the assignee agrees to comply with all rules and regulations contained herein and in the contractual agreement. A fee of $50 payable to the General Land Office must accompany the application for approval of an assignment. No assignment is effective to transfer any rights until approved by the commissioner, the grantee, and the assignee. (l) Termination. Failure to comply with these rules and regulations subjects the easement to termination by the board. (1) Upon termination of any easement, the grantee will, at the option of the board, within 120 days from said termination, remove all of its personal property and all structures and manmade improvements authorized in the easement contract, provided all monies due have been paid. The grantee shall take whatever measures as are necessary to restore the area involved as nearly as practicable to the same condition that existed prior to placement of any structures thereon, except as otherwise approved in writing by the commissioner. (2) The board may consent to premature termination of all or part of any contractual agreement. 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 November 10, 1995. TRD-9514653 Garry Mauro Chairman School Land Board Effective date: December 1, 1995 Proposal publication date: September 5, 1995 For further information, please call: (512) 305-9129 31 TAC sec.155.15 The School Land Board (SLB) adopts new sec.155.15, concerning fees and charges which may be collected by the SLB, with minor changes to the proposed text as published in the September 5, 1995, issue of the Texas Register (20 TexReg 6924). The consolidation of all fees administered by the General Land Office into one section has not had the intended result of clarification and simplification of the process for the public; therefore, concurrent with the adoption of this new rule, the General Land Office is adopting an amendment to delete sec.1.3(c) (relating to School Land Board fees and charges) from Title 31, Part I (General Land Office). The adoption of this new sec.155.15 will move the SLB schedule of fees to Title 31, Part IV, with other SLB administrative rules. One change was made to add a definition to clarify the meaning of a reference in the text of the rule. The definition of "Private non-profit use" was added to the list of definitions in sec.155.15(b)(1), as subparagraph (P), in order to clarify the application of sec.155.15(b)(2)(C), concerning coastal easements. As a result of adding subparagraph (P), the balance of the definitions have been re-lettered accordingly. In addition, the word "to" has been added to sec.155.15(b)(1)(A). Three changes were made to correct erroneous or missing fees in sec.155.15(b) (2)(C)(V), concerning fees for dredging activities. The correct minimum annual fee of $25 for residential-Category I maintenance dredging under sec.155.15(b) (2)(C)(V)(-b-) has been substituted for the fee of $100 shown in the proposed text. The correct filing fee of $15 has likewise been substituted for the fee of $5.00 shown in proposed sec.155.15(b)(2)(C)(IX)(-a-) for shoreline stabilization projects. In sec.155.15(b)(2)(C)(IX)(-b-)(-2-), the minimum annual fee of $25 was omitted from the proposed text. It has been inserted to correct and clarify this provision. No comments were received regarding adoption of the new section. The new section is adopted under the Texas Natural Resources Code, sec.sec.33. 051, 33.052, 33.063, and 33.064, which authorizes the School Land Board to adopt procedural and substantive rules necessary to administer, implement, and enforce the Coastal Public Lands Management Act of 1973. sec.155.15. Fees. (a) General. (1) Form of payment. Fees may be paid by cash, check or other legal means acceptable to the commissioner. (2) Time for payment. Payment is generally required in advance of issuance of permits, leases and other documents and/or delivery of services and/or materials by the General Land Office. (3) Dishonor or nonpayment by other means. In the event a fee is not paid due to dishonor, nonpayment, or otherwise, the General Land Office shall have no further obligation to issue permits, leases and other documents and/or provide services and/or materials to the permittee, lessee, or applicant. (b) School Land Board fees and charges. The School Land Board is authorized and required under the Natural Resources Code, Chapter 33, to collect the fees and charges set forth in this subsection where applicable. (1) Definitions. The following words and terms, when used in this subsection, shall have the following meanings, unless the context clearly indicates otherwise. (A) Adjacent littoral property-The property, specified in the easement application as owned by the easement applicant, that is contiguous to and borders the coastal public land upon which the easement is sought. (B) Appraised market value of adjacent littoral property -Fair market value of the unimproved adjacent littoral property as determined by the appropriate tax appraisal district. (C) Basin-A structure used for commercial or industrial activity that consists of the area of the state land encumbered and any fixtures attached thereto. This definition includes the construction and maintenance of marinas, piers, walkways, docks, dolphins, and wharves and any and all dredged area associated therewith. (D) Basin formula-The amount of encumbered state land multiplied by the appraised market value of the adjacent littoral property multiplied by the submerged land discount multiplied by the return on investment. (E) Dredged area-An excavated area, including channels and basins, on coastal public lands. This definition excludes any structure that would be included in the definition of fill area or basin. (F) Commercial activity-Activity which is designed to enhance or accommodate a venture associated with a revenue generating activity. This definition excludes industrial activity, but includes residential uses if there is revenue generating activity conducted on the premises. (G) Encumbered state land-The amount of state coastal public land encumbered by the permitted activity and is expressed in number of square feet. (H) Encumbered open area-That portion of a project in which the design or use of the project impedes public access to coastal public lands and is not otherwise defined as a dredged area or other structure. (I) Evaluation fee-A one-time fee assessed upon the granting of a commercial instrument. In the case of multiple-purpose easement applications, only one evaluation fee will be assessed. (J) Fill area-A structure, excluding riprap, concrete stairs, breakwaters, jetties, and groins that permanently and fully encumbers, and entirely displaces the water covering the coastal public land. This activity includes the construction and maintenance of bulkheads. (K) Fill formula-State land encumbered multiplied by the appraised market value of adjacent littoral property multiplied by the return on investment. (L) Homeowners association-An association whose individual members, by virtue of holding full and exclusive legal title to the adjacent littoral property area specifically defined in an easement application, are entitled, as a group, to the privileges of an easement that may be granted by the State of Texas for use of adjacent coastal public land. (M) Industrial activity-A use of coastal public land not associated with private activity that facilitates and is ancillary to a manufacturing, processing, or gathering facility. (N) Mineral interest holder-Holder of a state mineral lease who plans to dredge on state-owned coastal lands outside the state leasehold tract to obtain access to the state leasehold tract. (O) New dredged area-An excavated area which is not under current permit with the General Land Office. The new dredged area rate is charged for the first year, and the fee for maintaining the dredged area is charged for each subsequent year of the easement term. (P) Private non-profit use-A private activity which does not contemplate the generation of any revenue. (Q) Public activity-Activity which is performed in the public interest by a public entity or a private non-profit organization, is not designed to enhance or accommodate a profit-making venture, and is not associated with a revenue generating activity. (R) Public entity-City, county, state agency, board or commission, or any other political subdivision of the state. See sec.155.21 of this title (relating to Application; Nature of Original Lease; Sublease; Termination). (S) Residential use, Category I-One single-family residential structure per defined lot or parcel of land; both land and improvements are typically under the same ownership. (T) Residential use, Category II-Multi-family residential units per defined lot or parcel of land; land and individual units may be separately owned; includes uses by condominium developments and qualified homeowners associations acting for and on behalf of owners of a multi-family residential development, but does not include time-share developments or any use that includes commercial activities. (U) Resource Impact Fee-A one-time fee assessed for proposed projects that impact seagrass, emergent marsh, or oyster reef, for which there is no separate mitigation requirement. (V) Return on investment-A number used in the basin, fill, and industrial activity formulas that reflects a financial return expectation. The return on investment rate will be set annually by the School Land Board and will be effective at the beginning of each fiscal year. (W) Shoreline stabilization project-Vegetative cover or rip-rap consisting of concrete block, concrete rubble, rock, brick, sack crete or similar material approved by the General Land Office utilized to control shoreline erosion. (X) Structure-As defined in the Natural Resources Code, sec.33.004. (Y) Submerged land discount-60% discount used in formulas when the easement is commercial, 70% discount used in formulas when the easement is industrial. (2) Coastal fees and charges. The School Land Board will charge the following coastal lease and coastal easement fees for use of coastal public land, and will charge the following structure registration and permit fees. The School Land Board charge will be based on either the fixed fee schedule or the alternate commercial, industrial, residential, and public formulas as delineated in subparagraphs (C) and (D) of this paragraph. The greater of the fixed fee or formula rate will be charged. Commercial, industrial, residential, and public fee schedules: (A) Coastal lease charges. The School Land Board may only grant coastal leases to certain entities, as prescribed by the Natural Resources Code, sec.33. 105 and sec.33.109. (i) Private activity, Non-profit, scientific, or educational activity authorized by sec.155.2(a)(3) and (4) of this title (relating to Leases): (I) filing fee: $25; (II) annual fee: negotiable/$5.00 minimum. (ii) Public activity authorized by sec.155.2(a)(1) and (2) of this title (relating to Leases): (I) filing fee: $25; (II) annual fee: no charge. (iii) Public activity authorized by sec.155.2(a)(1) and (b)(4) of this title (relating to Leases): (I) sub-lease processing fee: $50; (II) annual fee: negotiated percentage of the activity's gross annual revenues. (B) Structure registration fee. Structure registration fee is required for private piers or docks that are 100 feet long or less and 25 feet wide or less and require no dredging or filling, as authorized by the Natural Resources Code, sec.33.115. Though School Land Board approval is not required for construction, the applicant must register the location of the structure. The registration is valid for the life of the structure: (i) filing fee: $25; (ii) annual fee: no charge; (iii) assignment fee: $25; (iv) amendment fee: $25. (C) Coastal easement fees: (i) assignment fee: $50; (ii) amendment fee: $50; (iii) late payment fee: 10% of past due amount/$25 minimum. (I) piers and docks: (-a-) residential use: Category I: (-1-) filing fee: $25; (-2-) annual fee: $.03 per square foot/$25 minimum; (-b-) residential use: Category II: (-1-) filing fee: $50; (-2-) annual fee: 75% of fee calculated for same use as a commercial activity/$100 minimum; (-c-) commercial: (-1-) filing fee: $50; (-2-) evaluation fee: $50; (-3-) annual fee: $.20 per square foot/$100 minimum; (-d-) Other, private non-profit use: (-1-) filing fee: $50; (-2-) annual fee: negotiable/$100 minimum. (II) marinas: (-a-) Clear Lake: (-1-) filing fee: $50; (-2-) evaluation fee: $50; (-3-) annual fee: $4.00 per boat slip linear foot; (-b-) residential use: Category II: (-1-) filing fee: $50; (-2-) annual fee: 75% of fee calculated for same use as a commercial activity; (-c-) other: (-1-) filing fee: $50; (-2-) evaluation fee: $50; (-3-) annual fee: $3.00 per boat slip linear foot; (III) wharf: (-a-) filing fee: $50; (-b-) evaluation fee: $50; (-c-) annual fee: $.30 per square foot/$100 minimum; (IV) breakwaters, jetties, and groins: (-a-) residential-Category I: (-1-) filing fee: $25; (-2-) annual fee: $.20 per square foot/$25 minimum; (-b-) residential-Category II: (-1-) filing fee: $50; (-2-) annual fee: 75% of fee calculated for same use as a commercial activity/$100 minimum; (-c-) commercial activity: (-1-) filing fee: $50; (-2-) evaluation fee: $50; (-3-) annual fee: $.20 per square foot/$100 minimum; (V) dredged area: (-a-) mineral interest holder: (-1-) filing fee: $50; (-2-) evaluation fee: $50; (-3-) annual fee: (-A-) first year fee for a new dredged area: $.02 per square foot/$100 minimum; (-B-) fee for maintaining a dredged area after first year of easement: $.005 per square foot/$100 minimum; (-b-) residential-Category I: (-1-) filing fee: $50; (-2-) annual fee: (-A-) first year fee for a new dredged area: $.03 per square foot/$25 minimum; (-B-) fee for maintaining a dredged area after first year of easement: $.005 per square foot/$25 minimum; (-c-) residential-Category II: (-1-) filing fee: $50; (-2-) annual fee: 75% of fee calculated for same use as commercial activity/$100 minimum; (-d-) commercial activity: (-1-) filing fee: $50; (-2-) evaluation fee: $50; (-3-) annual fee: (-A-) first year fee for a new dredged area: $.05 per square foot/$100 minimum; (-B-) fee for maintaining a dredged area after first year of easement: $.01 per square foot/$100 minimum; (VI) Open encumbered area: (-a-) residential-Category I: (-1-) filing fee: none; (-2-) annual fee: none; (-b-) residential-Category II: (-1-) filing fee: $50; (-2-) annual fee: 75% of fee calculated for same use as commercial activity/$100 minimum; (-c-) commercial activity: (-1-) filing fee: $50; (-2-) evaluation fee: $50; (-3-) annual fee: $0.03 per square foot/$100 minimum; (-d-) Other, private non-profit use: (-1-) filing fee: $50; (-2-) evaluation fee: $50; (-3-) annual fee: negotiable/$100 minimum. (VII) basin: commercial and industrial activity: (-a-) industrial activity: (-1-) filing fee: $50; (-2-) annual fee: basin formula, industrial activity; (-3-) evaluation fee: $50; (-b-) commercial activity: (-1-) filing fee: $50; (-2-) annual fee: basin formula, commercial activity; (-3-) evaluation fee: $50; (VIII) fill area: all activity: (-a-) commercial/industrial: (-1-) filing fee: $50; (-2-) annual fee: $.20 per square foot, $100 minimum, or fill formula; (-3-) evaluation fee: $50; (-b-) private activity/public activity: (-1-) filing fee: $50; (-2-) annual fee: $.10 per square foot or fill formula, whichever is greater/$25 minimum. (IX) Shoreline stabilization project: (-a-) All activities authorized by sec.155.1(b)(2)(A)-(C) of this title (relating to General Provisions); (-1-) filing fee: $15; (-2-) annual fee: none. (-b-) Others: (-1-) filing fee: $25; (-2-) annual fee: negotiable/$.03 per square foot/$25 minimum. (X) Boat ramps, concrete stairs, concrete slabs: (-a-) residential-Category I: (-1-) filing fee: $25 (-2-) annual fee: $.03 per square foot/$25 minimum; (-b-) residential-Category II: (-1-) filing fee: $50; (-2-) annual fee: 75% of fee calculated for same use as a commercial activity/$100 minimum; (-c-) commercial activity: (-1-) filing fee: $50; (-2-) evaluation fee: $50; (-3-) annual fee: $.20 per square foot/$100 minimum; (-d-) Other, private non-profit use: (-1-) filing fee: $50; (-2-) annual fee: $100. (D) Structure (cabin) permits: (i) fees: (I) refundable deposit: $200; (II) annual fee for all structures excluding piers, docks, and walkways will be calculated at $.60 per square foot per year; (III) contract renewal: $175; (IV) new contract issuance: $325; (V) late payment fee: 25% of past due amount; (VI) minimum annual payment: $175; (ii) permittee may apply for a continuation of the previous fee if the permit was issued prior to July 18, 1983 (the date of the initial rate increase), and if the annual fee will impose an undue financial hardship on a current permit holder. (E) Resource Impact Fee: (i) Public use piers and residential piers constructed within guidelines: exempt; (ii) All others: $100 plus $1.00 per square foot of impacted area. (F) Term. The term for all coastal leases and coastal easements is negotiable. School Land Board approval is required prior to construction. (G) Rental adjustments-all commercial and industrial easements: At every five- year interval in the term of commercial and industrial easements, the rental fee for the easement will be subject to adjustment. The adjustment, if any, will be in accordance with the then current Fee Schedule as adopted by the School Land Board. (H) Discretionary authority. The School Land Board may reduce or waive any fee set forth herein if such action would be in the public's best interest as determined by the School Land Board. (I) Implementation. (i) New residential developments. Upon the application for an easement associated with the development of a multi-unit or single-family residential project, the easement application will be processed and fee determined according to the appropriate commercial activity rate. Upon the sale of an individual residential unit associated with the easement, with sufficient infrastructure in place to convert use of the unit to individual use (and use of associated easement to private activity), the original easement applicant, upon agreement with the commissioner of the General Land Office, may pay a $50 conversion fee. The easement fee may then be reduced by the percentage that the sold unit represented to the total number of units associated with the easement. At the time the conversion fee is paid under the provisions herein, the unit will then be considered to be subject to the residential activity rates upon renewal of the easement. For units already sold prior to the effective date of this section, conversion to a residential activity rate will be granted without the payment of the conversion fee. (ii) Additional terms. The commissioner of the General Land Office may require, as a condition for the granting of an easement set forth in this section, such additional terms that he feels are necessary to secure performance under any such easement. 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 November 10, 1995. TRD-9514652 Garry Mauro Chairman School Land Board Effective date: December 1, 1995 Proposal publication date: September 5, 1995 For further information, please call: (512) 305-9129 TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part III. Texas Youth Commission Chapter 83. Contracted Youth Services 37 TAC sec.83.12 The Texas Youth Commission (TYC) adopts an amendment to sec.83.12, concerning start-up funds, without changes to the proposed text as published in the October 3, 1995, issue of the Texas Register (20 TexReg 8070). The justification for amending the section is to have increased accountability for use of state funds. The amendment establishes specific allowable and unallowable expenses for contracts with start-up funds. It provides for an audit before the closing out of a contract and release of a letter of credit. No comments were received regarding adoption of the amendment. The amendment is adopted under the Human Resources Code, sec.61.037, which provides the Texas Youth Commission with the authority to enter into agreements with appropriate public or private agencies for the separate care and treatment of persons subject to the control of the commission. The proposed rule implements the Human Resource Code, sec.61.034. 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 November 9, 1995. TRD-9514546 Steve Robinson Executive Director Texas Youth Commission Effective date: November 30, 1995 Proposal publication date: October 3, 1995 For further information, please call: (512) 483-5244 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. Texas Department of Human Services Chapter 27. Intermediate Care Facilities for the Mentally Retarded (ICFs-MR) The Texas Department of Human Services (DHS) adopts the repeal of sec.sec.27. 101, 27.103, 27.105, 27.201, 27.203, 27.205, 27.207, 27.209, 27.211, 27.213, 27.215, 27.217, 27.301, 27.303, 27.305, 27.307, 27.309, 27.401, 27.403, 27.405, 27.407, 27.409, 27.411, 27.413, 27.415, 27.419, 27.421, 27.501, 27.503, 27. 505, 27.507, 27.509, 27.511, 27.513, 27.515, 27.517, 27.518, 27.519, 27.521, 27.523, 27.525, 27.527, 27.529, 27.531, 27.601, 27.603, 27.605, 27.607, 27.701, 27.703, 27.705, 27.707, 27.709, 27.711, 27.713, 27.715, 27.717, and 27.719 without changes to the proposed text as published in the September 15, 1995, issue of the Texas Register (20 TexReg 7271). The justification for the adoption is to delete rules for the program which is now under the Texas Department of Mental Health and Mental Retardation (TDMHMR). Subchapter H, Dental Services, will remain with DHS until the program begins functioning under TDMHMR. The repeals will function by leaving a correct body of agency rules. No comments were received regarding the adoption of the repeals. Subchapter A. General Requirements 40 TAC sec.sec.27.101, 27.103, 27.105 The repeals 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 repeals implement the Human Resources Code, sec.sec.22.001-22.024 and sec.sec.32.001-32.040. 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 November 10, 1995. TRD-9514639 Nancy Murphy Section Manager, Media and Policy Services Texas Department of Human Services Effective date: December 1, 1995 Proposal publication date: September 15, 1995 For further information, please call: (512) 438-3765 Subchapter B. Contracting Requirements 40 TAC sec.sec.27.201, 27.203, 27.205, 27.207, 27.209, 27.211, 27. 213, 27.215, 27.217 The repeals 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 repeals implement the Human Resources Code, sec.sec.22.001-22.024 and sec.sec.32.001-32.040. 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 November 10, 1995. TRD-9514640 Nancy Murphy Section Manager, Media and Policy Services Texas Department of Human Services Effective date: December 1, 1995 Proposal publication date: September 15, 1995 For further information, please call: (512) 438-3765 Subchapter C. Vendor Payments 40 TAC sec.sec.27.301, 27.303, 27.305, 27.307, 27.309 The repeals 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 repeals implement the Human Resources Code, sec.sec.22.001-22.024 and sec.sec.32.001-32.040. 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 November 10, 1995. TRD-9514641 Nancy Murphy Section Manager, Media and Policy Services Texas Department of Human Services Effective date: December 1, 1995 Proposal publication date: September 15, 1995 For further information, please call: (512) 438-3765 Subchapter D. Reimbursement Methodology 40 TAC sec.sec.27.401, 27.403, 27.405, 27.407, 27.409, 27.411, 27. 413, 27.415, 27.419, 27.421 The repeals 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 repeals implement the Human Resources Code, sec.sec.22.001-22.024 and sec.sec.32.001-32.040. 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 November 10, 1995. TRD-9514642 Nancy Murphy Section Manager, Media and Policy Services Texas Department of Human Services Effective date: December 1, 1995 Proposal publication date: September 15, 1995 For further information, please call: (512) 438-3765 Subchapter E. Eligibility and Review 40 TAC sec.sec.27.501, 27.503, 27.505, 27.507, 27.509, 27.511, 27. 513, 27.515, 27.517, 27.518, 27.519, 27.521, 27.523, 27.525, 27.527, 27.529, 27.531 The repeals 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 repeals implement the Human Resources Code, sec.sec.22.001-22.024 and sec.sec.32.001-32.040. 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 November 10, 1995. TRD-9514643 Nancy Murphy Section Manager, Media and Policy Services Texas Department of Human Services Effective date: December 1, 1995 Proposal publication date: September 15, 1995 For further information, please call: (512) 438-3765 Subchapter F. Personal Finances and Funds 40 TAC sec.sec.27.601, 27.603, 27.605, 27.607 The repeals 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 repeals implement the Human Resources Code, sec.sec.22.001-22.024 and sec.sec.32.001-32.040. 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 November 10, 1995. TRD-9514644 Nancy Murphy Section Manager, Media and Policy Services Texas Department of Human Services Effective date: December 1, 1995 Proposal publication date: September 15, 1995 For further information, please call: (512) 438-3765 Subchapter G. Additional Facility Responsibilities 40 TAC sec.sec.27.701, 27.703, 27.705, 27.707, 27.709, 27.711, 27. 713, 27.715, 27.717, 27.719 The repeals 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 repeals implement the Human Resources Code, sec.sec.22.001-22.024 and sec.sec.32.001-32.040. 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 November 10, 1995. TRD-9514645 Nancy Murphy Section Manager, Media and Policy Services Texas Department of Human Services Effective date: December 1, 1995 Proposal publication date: September 15, 1995 For further information, please call: (512) 438-3765