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 22. EXAMINING BOARDS Part XXIII. Texas Real Estate Commission Chapter 535. Provisions of the Real Estate License Act Education, Experience, Educational Programs, Time Periods, and Type of License 22 TAC sec.535.61 The Texas Real Estate Commission adopts an amendment to sec.535.61, concerning examinations and acceptance of courses, with changes to the proposed text as published in the October 10, 1995, issue of the Texas Register (20 TexReg 8299). As originally proposed, the amendment provided two exceptions under which the commission would accept courses for core real estate credit if the courses were completed more than ten years prior to the filing of a person's application for a real estate license. Exceptions would have been provided for persons who had been licensed as a real estate broker or salesman in Texas or in any other state within the five-year period prior to the filing of the application and for persons who completed the course as part of a two-year, or higher, degree from an accredited college or university with at least 12 semester hours in real estate. A number of comments were received from individuals in general support of the amendment. One individual urged the commission to repeal as unconstitutional, unreasonable and unnecessary the restriction on acceptance of courses completed more than ten years ago rather than providing an exception for courses completed as part of a degree awarded by a college or university. The commission determined that the restriction on the acceptance of courses for credit should be modified to treat courses offered by schools accredited by the commission in the same manner as courses offered by accredited colleges and universities. The commission adopted the amendment with this change from the proposed text. Another individual suggested that the exception for courses completed as part of a degree be revised to clarify that the course did not have to be part of the degree plan, but merely be completed in conjunction with the awarding of the degree. As finally adopted by the commission, the amendment does not require the applicant to have obtained a degree in order to receive course credit, only that the course had been offered by an accredited college or university or by a school accredited by the commission. At the suggestion of commission staff, a provision was added permitting the acceptance, for real estate-related credit, of core real estate courses completed more than ten years prior to the filing of an application for a license. The amendment is adopted under Texas Civil Statutes, Article 6573a, sec.5(h), which authorize the Texas Real Estate Commission to make and enforce all rules and regulations necessary for the performance of its duties sec.535.61. Examinations and Acceptance of Courses. (a)-(z) (No change.) (aa) The commission may not accept more than one course with the same course title and level or same course content and level completed within three years of each other, unless there have been significant changes in the subject matter, such as the promulgation of new contract forms, major law revisions, and major changes in real estate financing. The commission may not accept for core real estate credit a core real estate course completed more than ten years prior to the date of the applicant's transcript evaluation. The commission may accept for real estate related course credit a core course not completed within the ten- year period established by this section. If the commission has evaluated the education of a potential applicant, courses acceptable at the time of the evaluation will not be rejected under this subsection for a period of one year after the date of the evaluation. Provided, however, the ten-year restriction on the acceptance of courses does not apply in either of the following instances. (1) The applicant was licensed as a real estate broker or salesman in this or any other state within the five-year period prior to filing the application. (2) The course was offered by an accredited college or university or by a school accredited by the commission. (bb)-(ff) (No change.) This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on January 9, 1996. TRD-9600239 Mark A. Moseley General Counsel Texas Real Estate Commission Effective date: January 30, 1996 Proposal publication date: October 10, 1995 For further information, please call: (512) 465-3900 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. Texas Department of Human Services Chapter 50. Day Activity and Health Services Program Overview 40 TAC sec.50.4 The Texas Department of Human Services (DHS) adopts an amendment to sec.50. 4, without changes to the proposed text as published in the December 8, 1995, issue of the Texas Register (20 TexReg 10369). The justification for the amendment is to allow Day Activity and Health Services (DAHS) facilities to claim the transport time as part of the unit of service if the facility provides transportation for a client to a non-therapy medical facility. If the facility does not provide transportation, the facility must coordinate transportation with other resources. The amendment will function by allowing clients to access DAHS even on days they are scheduled for medical appointments because the DAHS facility will provide or coordinate the transportation for clients. No comments were received regarding adoption of the amendment. The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which provides the department with the authority to administer public and medical assistance programs and under Texas Civil Statutes, Article 4413 (502), sec.16, which provides the Health and Human Services Commission with the authority to administer federal medical assistance funds. 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 January 9, 1996. TRD-9600258 Nancy Murphy Section Manager, Media and Policy Services Texas Department of Human Services Effective date: February 1, 1996 Proposal publication date: December 8, 1995 For further information, please call: (512) 438-3765 Service Requirements 40 TAC sec.50.403 The Texas Department of Human Services (DHS) adopts an amendment to sec.50. 403, without changes to the proposed text as published in the November 17, 1995, issue of the Texas Register (20 TexReg 9559). The justification for the amendment is to delete the criteria for immediate need for placement. The amendment will function by allowing a client to access DAHS through the facility-initiated referral process regardless of whether he has an immediate need for placement, as long as he is eligible for Medicaid and meets the medical need criteria for DAHS. No comments were received regarding adoption of the amendment. The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which provides the department with the authority to administer public and medical assistance programs and under Texas Civil Statutes, Article 4413 (502), sec.16, which provides the Health and Human Services Commission with the authority to administer federal medical assistance funds. 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 January 9, 1996. TRD-9600259 Nancy Murphy Section Manager, Media and Policy Services Texas Department of Human Services Effective date: February 1, 1996 Proposal publication date: November 17, 1995 For further information, please call: (512) 438-3765