ADOPTED RULES An agency may take final action on a section 30 days after a proposal has been published in the Texas Register. The section becomes effective 20 days after the agency files the correct document with the Texas Register, unless a later date is specified or unless a federal statute or regulation requires implementation of the action on shorter notice. If an agency adopts the section without any changes to the proposed text, only the preamble of the notice and statement of legal authority will be published. If an agency adopts the section with changes to the proposed text, the proposal will be republished with the changes. TITLE 1. ADMINISTRATION PART I. Office of the Governor CHAPTER 4.Automobile Theft Prevention Authority 1 TAC sec.4.36 The Automobile Theft Prevention Authority (ATPA) adopts amendment to sec.4.36, concerning the administration of the (ATPA) program, without changes to the proposed text as published in the February 2, 1996, issue of the Texas Register (21 TexReg 719). The amendment is necessary to ensure that the applicants for funds have complete information concerning the level of funding for grant projects. The amendment adopts a level of funding for projects receiving ATPA funding and establishes ratios of maximum ATPA funds and minimum local cash and/or in-kind contributions from grantees. The ATPA received written and oral comments on the amendment from several ATPA Grantees. Galveston Auto Crimes Task Force commented that under the rule, ATPA's contribution remains the same regardless of local contribution in cash and/or in-kind match. The authority agrees with this comment. The Office of the Texas Attorney General Financial Crimes Division commented that the rule would have a negative effect on its Auto Theft Task Force due to state budget reductions and that the task force program would cease operations. The authority recognizes that any level of funding less than 100% may impose some varying degrees of difficulty for grantee agencies, but contends that continued 100% funding without diminishing levels of support would remove any opportunity for future development of new programs. Under the original rule adopted by the Automobile Theft Prevention Authority, matching funds to be provided by grantee entities were set at a descending percentage of funding, with an ascending percentage of match to be provided by the grantee. Specifically, the third year of funding was set at 80% funding/20% match, and the fourth and fifth years of funding were to be provided at 60% support, with 40% of the grant costs to be provided by the grantee. Grant funds provided for specific programs or tasks generally require an increasing level of financial responsibility by the grantee to encourage the development of financial self- sustaining measures. This allows grantor agencies to expand their service scope by freeing up monies to award to new applicants and innovations. The new rule will provide substantial support to grantee agencies through the fifth year, yet still have some fund flexibility to award grants to new program applicants. South Plains Auto Theft Task Force commented that regardless of the local match, ATPA would only acknowledge 20% of the second year funding for future funding and, therefore, no one would actually receive any form of credit for the match items. The authority acknowledges that many grantee agencies provide support for the funded program beyond the ATPA funds, even in their first year of funding. The intent of requiring no proof of matching support was to allow small agencies or those with restricted budgets and resources to continue to receive funding. The authority also encouraged any grant recipient to voluntarily provide proof of match contribution, so that the authority could recognize and commend their efforts. Paris Law Enforcement Detection Apprehension Program commented that their program can function with 80% of the grant because additional funding can be obtained from the City of Paris. The authority concurs with this comment. Tarrant County Auto Theft Task Force desires clarification on which years the rule refers to. Using 1995 as the benchmark year for both match and 80% of award funding calculations allows projects a more profitable position than if 1994 were used. The authority has determined that the most equitable and appropriate measure would be to use "second year of funding" as a measure rather than a specific year, since grant recipients may be funded for the first time in different years. The amendment is adopted under Texas Civil Statutes, Article 4413(37), sec.6(a), which authorizes the Automobile Theft Prevention Authority to adopt rules to implement its powers and duties. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on July 31, 1996. TRD-9611145 Ellen E. Abernathy Executive Director Office of the Governor Effective date: August 21, 1996 Proposal publication date: May 7, 1996 For further information, please call: (512) 458-7236 TITLE 4. AGRICULTURE PART I. Texas Department of Agriculture CHAPTER 1. General Procedures SUBCHAPTER A. General Rules of Practice 1 TAC sec.sec.1.1-1.5, 1.11, 1.13, 1.14, 1.18, 1.20, 1.22-1.27, 1.30 The Texas Department of Agriculture (the department) adopts amendments to sec.sec.1.1-1.5, 1.11, 1.13, 1.14, 1.18, 1.20, 1.22-1.27 and new sec.1.30 concerning general rules of practice, without changes to the proposed text as published in the June 25, 1996, issue of the Texas Register (21 TexReg 5818). The amendments are adopted to update citations, clarify the sections and update the sections to make them consistent with the department's joint memorandum of understanding with the State Office of Administrative Hearings (SOAH). New sec.1.30 is adopted to provide for the taking of a default against a respondent who does not appear at an administrative hearing set on an action pending before the department. The amended sections provide general rules of practice and procedure before the department and in cases held by SOAH on behalf of the department, including provisions for adoption of department rules, content, filing and service of documents, docketing of cases, notices of hearing, licenses, authority of the administrative law judge, rules of evidence and discovery in administrative proceedings, witness fees, filing of exceptions, brief and replies, and content and issuance of decisions and orders. New sec.1.30 provides procedures for default judgements. No comments were received on the amended and new sections. The amendments and new section are adopted under the Texas Agriculture Code,sec.12.016, which provides the department with the authority to adopt rules to administer the Code; and the Texas Government Code, sec.2001.004, which provides the department with the authority to adopt general rules of practice. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on August 2, 1996. TRD-9611128 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Effective date: August 23, 1996 Proposed publication date: June 25, 1996 For further information, please call: (512) 463-7583 1 TAC sec.sec.1.40-1.45 The Texas Department of Agriculture (the department) adopts the repeal of sec.sec.1.40-1.45, concerning charges for providing copies of public information, without changes to the proposed text as published in the June 25, 1996, issue of the Texas Register (21 TexReg 5821). These sections are repealed in order to allow the department to relocate its public information rules to another subchapter in Chapter 1, and to adopt rules consistent with House Bill 1718, 74th Legislature, 1995, which amended the Texas Open Records Act, the Texas Government Code, Chapter 552. The repeal deletes the department's public information rules from Chapter 1, Subchapter A. No comments were received on the proposed repeal. The repeal is adopted under the Texas Agriculture Code, sec.12.016, which provides the Texas Department of Agriculture with the authority to adopt rules to administer the Code; the Texas Government Code, Chapter 552, as amended by House Bill 1718, 74th Legislature, 1995, which establishes the definition of public information, exceptions to public information, procedures for obtaining public information and charges for obtaining copies of public information; and the Texas Government Code, sec.2001.004, which provides the department with the authority to adopt general rules of practice. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on August 2, 1996. TRD-9611129 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Effective date: August 23, 1996 Proposed publication date: June 25, 1996 For further information, please call: (512) 463-7583 SUBCHAPTER C. Minority Purchasing The Texas Department of Agriculture (the department) adopts the repeal of sec.1.72 and new sec.1.78, concerning minority purchasing and utilization of historically underutilized businesses ("Hubs"), without changes to the proposed text as published in the June 25, 1996, issue of the Texas Register (21 TexReg 5822). The repeal of sec.1.72 is adopted because the section is duplicative of General Services Commission (GSC) rule 1 Texas Administrative Code, sec.111.12 and is also found in the Texas Agriculture Code (the Code), sec.12.029 (d). New sec.1.78 is adopted to meet the requirements of the General Appropriations Act (House Bill 1, 74th Legislature, 1995). The repeal of sec.1.72 deletes definitions found in the Code and GSC rules. New sec.1.78 adopts by reference the rules of the Texas General Services Commission in 1 Texas Administrative Code, sec.sec.111.11 - 111.23, relating to Historically Underutilized Business Certification Program and establishes guidelines for the department in managing contracting goals for historically underutilized business. No comments were received on the proposed new section or the proposed repeal. 1 TAC sec.1.72 The repeal is adopted under the Texas Agriculture Code, sec.12.016 which provides the Texas Department of Agriculture with authority to adopt rules to administer the Texas Agriculture Code. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on August 2, 1996. TRD-9611130 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Effective date: August 23, 1996 Proposed publication date: June 25, 1996 For further information, please call: (512) 463-7583 1 TAC sec.1.78 The new section is adopted under the General Appropriations Act (House Bill 1, 74th Legislature, 1995) which requires the department to adopt General Service Commission rules relating to the Historically Underutilized Business Program. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on August 2, 1996. TRD-9611131 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Effective date: August 23, 1996 Proposed publication date: June 25, 1996 For further information, please call: (512) 463-7583 SUBCHAPTER D. Miscellaneous Provisions 1 TAC sec.1.91 The Texas Department of Agriculture (the department), adopts an amendment to sec.1.91, concerning expiration provision, without changes to the proposed text as published in the June 25, 1996, issue of the Texas Register (21 TexReg 5823). The amendment is made to provide a future date by which the department must review and amend, repeal or reaffirm the sections found in Chapter 1. The amendment, as adopted, changes the expiration date for Chapter 1 from August 31, 1996 to August 31, 2000. No comments were received on the proposed amendment. The amendment is adopted under the Texas Agriculture Code, sec.12.016, which provides the Texas Department of Agriculture with the authority to adopt rules as necessary for administration of the Code; and the Texas Government Code, sec.2001.004, which provides the department with the authority to adopt rules of practice. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on August 2, 1996. TRD-9611132 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Effective date: August 23, 1996 Proposed publication date: June 25, 1996 For further information, please call: (512) 463-7583 SUBCHAPTER E. Advisory Committees 1 TAC sec.sec.1.201-1.205 The Texas Department of Agriculture (the department) adopts amendments to sec.sec.1.201-1.203 and new sec.1.204 and sec.1.205, concerning advisory committees established under the Texas Agriculture Code, without changes to the proposed text as published in the June 25, 1996 issue of the Texas Register (21 TexReg 5823). The amendments and new sections are adopted to allow the department to update the list of advisory committees and committee expiration dates and make sec.1.202 consistent with changes made during the 74th Legislative Session, 1995. The amendments to sec.1.201 and sec.1.203 change the abolishment dates for the Egg Marketing Advisory Board and the Texas-Israel Exchange (TIE) Board, and the amendments to sec.1.202 update provisions for the department's Pest Management Zone Administrative Committees and change the abolishment date for those committees. New sec.1.204 and sec.1.205 add provisions for the Boll Weevil Foundation Rules Advisory Committee and the Organic Certification Review and Standards Advisory Committee including the purpose, duties and duration of those committees. No comments were received on the proposed amendments and new sections. The amendments and new sections are adopted under the Texas Civil Statutes, Article 6252-33 (Vernon Supp. 1994) which requires agencies to adopt rules on advisory committees which state the purpose of the committee, describe tasks of the committee and reporting requirements and duration of the committee. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on August 2, 1996. TRD-9611133 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Effective date: August 23, 1996 Proposed publication date: June 25, 1996 For further information, please call: (512) 463-7583 SUBCHAPTER H. Requests for Public Information 1 TAC sec.sec.1.400-1.404 The Texas Department of Agriculture (the department) adopts new sec.sec.1.400- 1.404 concerning general procedures for requesting public information, without changes to the proposed text as published in the June 25, 1996, issue of the Texas Register (21 TexReg 5824). The new sections are adopted to allow the department to relocate its public information rules to a new subchapter in Chapter 1 and to adopt new sections consistent with the requirements of House Bill 1718, 74th Legislature, 1995, which amended the Texas Open Records Act, the Texas Government Code, Chapter 552. New sec.sec.1.400, 1.401, 1.403 and 1.404 provide definitions of terms used in this subchapter, procedures to use in requesting public information, timelines for producing public information, information regarding access to information when copies are not requested, charges for requests and provide for prepayment and waiver of charges. New sec.1.402 adopts the rules of the General Services Commission for allowable charges for public information, provides that there will be no charge for publications produced by the department for public dissemination, unless required by law, provides that the charges for information for which the General Services Commission has not set a charge is the actual cost to the department to provide the information, and provides for charges for remote storage retrieval. No comments were received on the proposed new sections. The new sections are adopted under the Texas Agriculture Code, sec.12.016, which provides the department with the authority to adopt rules to administer the Code; the Texas Government Code, Chapter 552, as amended by House Bill 1718, 74th Legislature, 1995, which establishes the definition of public information, exceptions to public information, procedures for obtaining public information and charges for obtaining copies of public information; and the Texas Government Code, sec.2001.004, which provides the department with the authority to adopt general rules of practice. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on August 2, 1996. TRD-9611134 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Effective date: August 23, 1996 Proposed publication date: June 25, 1996 For further information, please call: (512) 463-7583 TITLE 13. CULTURAL RESOURCES PART III. Texas Commissionon the Arts CHAPTER 37.Application Forms and Instructions for Financial Assistance 13 TAC sec.37.28 The Texas Commission on the Arts adopts by reference new sec.37.28 concerning the application form and instructions of Arts Education Service Provider without changes to the proposed text as published in the July 5, 1996, issue of the Texas Register (21 TexReg 6126). This section is being adopted to broaden constituents' understanding of accessible resources for general project support in education. By adopting the section the commission will provide better access to available education resources. No comments were received regarding adoption of the new section. The new section is adopted under Government Code, sec.444.009, which provides the Texas Commission on the Arts with the authority to make rules and regulations for its government and that of its officers and committees. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on July 31, 1996. TRD-9611188 Rhonda L. Hill Director of Finance and Administration Texas Commission on the Arts Effective date: August 26, 1996 Proposal publication date: July 5, 1996 For further information, please call: (512) 918-7189 TITLE 25. HEALTH SERVICES PART I. Texas Department of Health CHAPTER 39.Primary Health Care Services Program Clearinghouse for Primary Care Providers Seeking Collaborative Practice 25 TAC sec.sec.39.91-39.94 The Texas Department of Health (department) adopts new sec.sec.39.91-39.94 concerning establishment of a clearinghouse for primary care providers seeking collaborative practice in the state. The rules are adopted with changes to the proposed text as published in the May 7, 1996, issue of the Texas Register (21 TexReg 3893). The new sections are being adopted to comply with Health and Safety Code (HSC) sec.105.007, which directs the department to establish a clearinghouse for health professionals seeking collaborative practice. The new sections will enable the department to receive and distribute information about physicians, nurse practitioners, and physician assistants who are seeking opportunities for practice as part of primary care teams in settings such as rural health clinics, community health centers, and private group practices. A summary of the comments and the department's responses follows. COMMENT: Concerning sec.39.92, one commentor stated that pharmacists should be included as primary care providers eligible to apply for listing in the clearinghouse registry. RESPONSE: The department believes this legislation was intended to foster the development of comprehensive primary care health clinics. Collaborative practices in such settings involve physicians and nurse practitioners or physician assistants. The department does not feel that expansion of the definition of "primary care provider" in sec.39.92 is warranted at this time. COMMENT: Another commentor expressed support for the rules as proposed. RESPONSE: The department agrees that the rules as proposed are responsive to the legislative mandate. COMMENT: Staff comments suggested editorial changes and other changes necessary for conformity with Texas Register form and style guidelines. RESPONSE: The department agrees and has amended the proposal accordingly. Comments on the proposal were received from the Texas Pharmacy Association and Uvalde Memorial Hospital. The commentors were generally in favor of the rules, but offered suggestions for change as previously discussed. The new sections are adopted under HSC, sec.105.007, which requires the Board of Health (board) to adopt rules to establish a clearinghouse for primary care providers seeking collaborative practice; and under HSC, sec.12.001(b), which authorizes the board to adopt rules for performance of every duty imposed by law on the board, the department and commissioner of health. sec.39.91.Purpose and Scope. (a) Purpose. These sections implement the provisions of Health and Safety Code, sec.105.007, which requires the board to adopt rules governing the establishment and maintenance of a primary care provider clearinghouse for health professionals seeking opportunities for collaborative clinical practice. (b) Scope. These sections identify the types of services that shall be provided by the clearinghouse and establish the criteria and procedures that the department will use in determining eligibility for inclusion among clearinghouse participants. sec.39.92.Definitions. The following words and terms, when used in these sections, shall have the following meanings, unless the context clearly indicates otherwise. Board--The Texas Board of Health. Department-The Texas Department of Health. Federally qualified health centers-Primary care clinics receiving federal funding under the Public Health Service Act, 42 United States Code, sec.sec.254b, 254c, or 254d. Primary care provider-Primary care providers include the following: (A) a physician with an unrestricted, active license issued by the Texas State Board of Medical Examiners who practices or plans to practice in the following specialty areas: (i) family/general practice, (ii) general pediatrics, (iii) general internal medicine, or (iv) obstetrics/gynecology; (B) a nurse practitioner with an unrestricted, active license as a registered nurse and certification in advanced practice nursing by the Texas Board of Nurse Examiners who practices or plans to practice in any of the following specialty areas: (i) women's health, (ii) pediatrics, (iii) family health, (iv) school health, or (v) adult health; (C) a physician assistant with an unrestricted, active license issued by the Texas State Board of Physician Assistant Examiners who practices or plans to practice in one of the following specialty areas: (i) family/general medicine, (ii) general pediatrics, (iii) general internal medicine, or (iv) obstetrics/gynecology. Rural health clinics-Primary care clinics certified under Public Law 95-210 by the Health Care Financing Administration of the United States Department of Health and Human Services. sec.39.93.Scope of Clearinghouse Activities. The primary function of the clearinghouse shall be to assist primary care providers in identifying other primary care providers who are seeking to establish collaborative practices in Texas. Physicians may seek nurse practitioners or physician assistants to join their practices, and nurse practitioners or physician assistants may seek physicians with whom they can establish collaborative practice arrangements through physicians' orders, standing medical orders, standing delegation orders, or other formal written orders or protocols, as specified by rules of the Texas State Board of Medical Examiners. The clearinghouse shall solicit and disseminate information from a registry containing information on primary care providers seeking opportunities to serve on a primary care team in settings such as rural health clinics, federally qualified health centers, or private group practices. sec.39.94.Establishment of a Registry of Primary Care Providers Seeking Collaborative Practice Opportunities. (a) The clearinghouse, as defined in sec.39.93 of this title (relating to Scope of Clearinghouse Activities), shall establish a registry containing the names, mailing addresses, phone numbers, primary specialty information, preferred practice setting, preferred practice location, and other pertinent information for primary care providers seeking collaborative practice opportunities with other primary care providers. Individuals will be identified for inclusion on the registry through their submission of an official application form to the department. (b) The department will attempt to verify the licensure status of each applicant through the Texas State Board of Medical Examiners, Texas State Board of Physician Assistant Examiners, or Texas Board of Nurse Examiners, as appropriate. (c) The department will notify the applicant in writing if the: (1) applicant has been approved for addition to the registry; (2) application is insufficient; or (3) applicant does not qualify for inclusion in the registry. (d) If an applicant is disapproved, the applicant may request informal reconsideration of the determination by submitting a written request to Chief, Bureau of Community Oriented Primary Care, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756 within ten working days of the postmarked date of the department's notice of disapproval. (e) The names of approved applicants and other pertinent information shall be placed on the registry for a four-month period. The department will make additions and deletions to the registry only during the first week of each month. Information received during the second through fourth weeks of the month regarding additions, changes, or deletions to the registry will be processed during the first week of the following month. (f) A person must reapply in accordance with subsection (a) of this section in order to remain on the registry after the initial four-month period. The department shall mail renewal notices to notify individuals of the pending withdrawal of their names from the registry and of their opportunity to reapply for continued inclusion on the registry. (g) Any individual may request access to the information maintained on the registry by submission of a request form from the department, and upon payment of applicable copying charges. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on July 31, 1996. TRD-9611131 Susan K. Steeg General Counsel Texas Department of Health Effective date: August 21, 1996 Proposal publication date: May 7, 1996 For further information, please call: (512) 458-7236 CHAPTER 169.Zoonosis Control Rabies Control and Eradication 25 TAC sec.sec.169.22, 169.26, 169.27, 169.29 The Texas Department of Health (department) adopts amendments to sec.sec.169.22, 169.26, 169.27, 169.29 concerning the control of rabies without changes to the proposed text as published in the May 7, 1996, issue of the Texas Register (21 TexReg 3895). The amendments reflect the need to enhance the humane measures to be taken by animal shelters which are quarantining ferrets for rabies observation which has been brought to the forefront by the increased popularity of ferrets as pets. Additionally, these amendments expand which individuals are required to obtain rabies vaccination for their dogs and cats and eliminate unnecessary and confusing language regarding rabies vaccination certificates. The sections cover definitions, facilities for the quarantining of animals, quarantine methods and testing, and vaccination requirements. The amendments define domestic ferret, add feeding and maintenance requirements for quarantined ferrets, amend the observation period for animals which have bitten humans, and adds the word "custodian" to those individuals required to obtain rabies vaccinations for dogs and cats. The following comments were received concerning the proposed sections. COMMENT: Eight individuals were in favor of the proposed sections. RESPONSE: The department agrees. COMMENT: One commenter stated that the language in the first paragraph of the preamble, "and require vaccination of dogs and cats released from animal shelters" should not have been included, as it does not pertain to the version of the amendments as approved by the Board of Health. RESPONSE: The department agrees. COMMENT: One individual commented that it was unnecessary to add rabies quarantine requirements specifically for ferrets. RESPONSE: The department believes this wording should be added because of repeated requests of ferret owners to ensure humane treatment for this increasingly popular pet. Most of the commenters were individuals who were in favor of the rules. One commenter was generally in favor of the rules but felt that it was unnecessary to add rabies quarantine requirements specifically for ferrets as described in the Summary of Comments. The amendments are adopted under the Texas Health and Safety Code, Chapter 826, "Rabies," 826.011 which provides the board with the authority to administer the rabies control program and adopt rules necessary to effectively administer this program; and sec.12.001, which provides the Texas Board of Health with the authority to adopt rules for the performance of every duty imposed by law on the Texas Board of Health, the Texas Department of Health, and the Commissioner of Health. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on July 31, 1996. TRD-9611132 Susan K. Steeg General Counsel Texas Department of Health Effective date: August 21, 1996 Proposal publication date: May 7, 1996 For further information, please call: (512) 458-7236 CHAPTER 229.Food and Drug 25 TAC sec.sec.229.401-229.408, 229.410-229.412 The Texas Department of Health (department) adopts amendments to sec.sec.229.401-229.408, and 229.410-229.412, concerning the operating standards for tattoo studios. Sections 229.406 and 229.410 are adopted with changes to the proposed text as published in the April 16, 1996, issue of the Texas Register (21 Tex Reg 3312). Sections 229.401-229.405,220.407, 229.408, 229.411 and 229.412 are adopted without changes to the proposed text and therefore the sections will not be republished. A correction of error to the proposed text of sec.229.403(b), sec.229.404(b), and sec.229.404(f) was published in the May 24, 1996, issue of the Texas Register (21 TexReg 4636). The amendments update language to bring the sections into conformance with the statutory amendments passed during the 74th Texas Legislature. The amendments will result in the department collecting licensing fees for temporary locations, preventing the department from having to issue an annual license to a temporary event location. In addition, the amendments will prevent the waste of commercially available, presterilized equipment and will provide an exemption to the age requirement which will allow young people to cover up existing gang- related, drug-related or obscene tattoos. The amendments provide an exemption for intradermal cosmetics performed under the direct supervision of a licensed physician, and the replacement of "tattoo parlor" with "tattoo studio" anywhere it appears in the rules. A summary of the comments and the department's responses to the comments are as follows: COMMENT: Concerning sec.229.410, one commenter stated that the tattoo studio should submit a written report of infection or allergic reaction to the department within five working days of its occurrence or knowledge thereof. RESPONSE: The department agrees that this was the intent of the regulation and has added language to sec.229.410 to clarify that intent. COMMENT: Concerning sec.229.406 (i), one commenter stated that a temporary location such as a convention cannot maintain tattoo records for a year when they will only operate a temporary location for up to a week. The commenter recommended designating a custodian of the records. RESPONSE: The department agrees that this was the intent of the regulation and has added language to sec.229.406(i) to clarify that intent. COMMENT: Several comments addressed sections of the rules that were not proposed for public comment. RESPONSE: The department will consider each of these comments when rule amendments are proposed in the future. The commenters were: Diamond Glenn's River City Tattoo and a state employee. The commenters were generally in favor of the rules but expressed concerns, questions, and recommendations. The amendments are adopted under Health and Safety Code, sec.146.010(a) and sec.146.015(a), which provides the department with the authority to adopt necessary regulations pursuant to the enforcement of this Chapter; and sec.12.001, which provides the Texas Board of Health with the authority to adopt rules for performance of every duty imposed by law on the Texas Board of Health, the department, and the Commissioner of Health. sec.229.406.Client Qualifications, Disclosure, and Records. (a) Except as permitted in subsection (b) of this section, a client must be a minimum of 18 years of age and have a positive identification card such as, a driver's license, passport, or other picture identification in their possession. Documentation of verification of a client's age, and type of identification provided shall be recorded by the tattooist. (b) A tattooist may not tattoo a person younger than 18 years of age without written and notarized consent from a parent or guardian, who determines it to be in the best interest of the minor child to cover a tattoo which contains: (1) obscene or offensive language or symbols; (2) gang-related names, symbols, or markings; (3) drug-related names, symbols, or pictures; or (4) some other type of words, symbols or markings that the court considers would be in the best interest of the minor to cover. (c) The written consent shall include: (1) full name, address, and telephone number of the client; (2) full name, address, and telephone number of the parent or guardian; (3) a detailed description or photograph of the tattoo to be covered; (4) location on the body of the tattoo to be covered; and (5) signature of minor and parent or guardian. (d) If a parent or guardian of the minor child and the minor child agree to the covering of the tattoo as described in subsection (b) of this section, the tattooist may request the issuance of an order from a justice court. (e) If the parent or guardian and the minor child do not agree to the covering of a tattoo by a tattooist, then an order must be issued by a district court or other court with jurisdiction of a suit affecting the parent-child relationship or a civil proceeding brought under Title 3 or 4 of the Texas Family Code before a tattooist may cover the minor child's tattoo. (f) No person may be tattooed who appears to be under the influence of alcohol or drugs. (g) Tattooing shall not be performed on any skin surface which manifests any evidence of unhealthy conditions such as rashes, boils, infections or abrasions. (h) Before receiving a tattoo, each client shall be informed in writing about the possible risk and dangers associated with the application of each tattoo. These shall include but are not limited to at least the following: the possibility of discomfort or pain, the permanence of the markings, the risk of infection, and the possibility of allergic reaction to the pigments or other materials used. (i) The tattoo studio or temporary location shall maintain proper records of each client. The information shall be permanently recorded and made available for examination by the authorized agent in a tattoo studio for at least one year following the date of the last entry. The temporary location client records shall be maintained by the license holder. These permanent records shall include: (1) the name, address, and telephone number of the client; (2) the date tattoo was applied; (3) the client's date of birth; (4) the specific color or colors of the tattoo applied to the client and when available, the manufacturer's catalogue or identification number of each color used; (5) the name of the tattooist; and (6) the signature of the client. sec.229.410.Report of Infection or Allergic Reactions. A written report of any infection or allergic reaction resulting from the application of a tattoo shall be forwarded to the Texas Department of Health (department) by the tattoo studio within five working days of its occurrence or knowledge thereof. (1) The report shall include: (A) (No change.) (B) the name and location of the tattoo studio or temporary location; (C)-(F) (No change.) (2) (No change.) This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on August 2, 1996. TRD-9611137 Susan K. Steeg General Counsel Texas Department of Health Effective date: August 23, 1996 Proposal publication date: April 16, 1996 For further information, please call: (512) 458-7236 PART XIII. Texas Commission on Fire Protection CHAPTER 467.Funding Standards for Equipment, Facilities, Education, and Training SUBCHAPTER A.Equipment Standards 37 TAC sec.467.1 The Texas Commission on Fire Protection adopts the repeal of sec.467.1, concerning equipment standards for the Fire Department Emergency Program, without changes to the proposed text as published in the April 30, 1996, issue of the Texas Register (21 TexReg 3690). The justification for this section is the removal of obsolete and unnecessary language. The subject matter of the repealed section has been replaced by other language dealing with the same subject matter. There were no comments received on the proposed repeal. The repeal is adopted under Texas Government Code, sec.sec.419.051-419.064 which provides the Texas Commission on Fire Protection with authority to establish rules for the administration of Texas Government Code, sec.sec.419.051-419.064 for the Fire Department Emergency Program. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on July 31, 1996. TRD-9611175 Jack Woods General Counsel Texas Commission on Fire Protection Effective date: August 26, 1996 Proposal publication date: April 30, 1996 For further information, please call: (512) 918-7189 SUBCHAPTER B.Facilities 37 TAC sec.467.31 The Texas Commission on Fire Protection adopts the repeal of sec.467.31, concerning facilities requirements for the Fire Department Emergency Program, without changes to the proposed text as published in the April 30, 1996, issue of the Texas Register (21 TexReg 3691). The justification for this section is the removal of obsolete and unnecessary language. The subject matter of the repealed section has been replaced by other language dealing with the same subject matter. There were no comments received on the proposed repeal. The repeal is adopted under Texas Government Code, sec.sec.419.051-419.064 which provides the Texas Commission on Fire Protection with authority to establish rules for the administration of Texas Government Code, sec.sec.419.051-419.064 for the Fire Department Emergency Program. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on July 31, 1996. TRD-9611176 Jack Woods General Counsel Texas Commission on Fire Protection Effective date: August 26, 1996 Proposal publication date: April 30, 1996 For further information, please call: (512) 918-7189 SUBCHAPTER C.Education and Training 37 TAC sec.467.61 The Texas Commission on Fire Protection adopts the repeal of sec.467.61, concerning education and training for the Fire Department Emergency Program, without changes to the proposed text as published in the April 30, 1996, issue of the Texas Register (21 TexReg 3691). The justification for this section is the removal of obsolete and unnecessary language. The subject matter of the repealed section has been replaced by other language dealing with the same subject matter. There were no comments received on the proposed repeal. The repeal is adopted under Texas Government Code, sec.sec.419.051-419.064 which provides the Texas Commission on Fire Protection with authority to establish rules for the administration of Texas Government Code, sec.sec.419.051-419.064 for the Fire Department Emergency Program. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on July 31, 1996. TRD-9611177 Jack Woods General Counsel Texas Commission on Fire Protection Effective date: August 26, 1996 Proposal publication date: April 30, 1996 For further information, please call: (512) 918-7189 CHAPTER 531.Fire Alarm Rules 37 TAC sec.sec.531.7, 531.10, 531.13, 531.16, 531.17, 531.20 The Texas Commission on Fire Protection adopts amendments to sec.sec.531.7, 531.10, 531.13, 531.16, 531.17 and 531.20, concerning regulation of the business of inspecting, planning, certifying, leasing, selling, servicing, testing, installing, monitoring, and maintaining fire alarm or fire detection devices and systems, without changes to the proposed text as published in the April 30, 1996, issue of the Texas Register (21 TexReg 3691). The justification for this section is that the general public will benefit by ensuring fire alarm system installations are designed by more technically competent licensees and will not experience any increase in costs as the result of the adoption of these amendments. The minimal costs encountered by licensed individuals having to obtain a higher level of training in future years as the result of the amendment to sec.531.13, is insignificant when balanced against the significant improvement in the protection afforded by requiring licensees to develop their expertise. The amendments to sec.531.7 update NFPA standards 11, 12, 13D, 13R, 16, and 17A, and delete NFPA 12D. The amendments to sec.531.10 delete language requiring the submittal of a monitoring information form. The amendment to sec.531.13 adds new language requiring applicants and renewal applicants to demonstrate successful completion of the examination requirements for NICET Level III certification after January 1, 1998. The amendment to sec.531.16 deletes language to clarify that the sale or lease of all fire alarm systems must be performed under the supervision of a licensed residential fire alarm superintendent or fire alarm planning superintendent. The amendment to sec.531.17 corrects a numerical reference. The amendment to sec.531.20 deletes obsolete language pertaining to fire alarm system service labels. There were no comments received on the proposed amendments. The amendments are adopted under Texas Insurance Code, Article 5.43-2, Sections 4, 4A, and 6 which provide the Texas Commission on Fire Protection with the authority to adopt rules necessary to its administration through the state fire marshal for the protection and preservation of life and property in controlling the requirements for planning, certifying, leasing, selling, servicing, installing, monitoring, or maintaining of fire alarms or fire detection devices or systems. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on July 31, 1996. TRD-9611178 Jack Woods General Counsel Texas Commission on Fire Protection Effective date: August 26, 1996 Proposal publication date: April 30, 1996 For further information, please call: (512) 918-7189 CHAPTER 541.Fire Sprinkler Rules 37 TAC sec.sec.541.6, 541.7, 541.10, 541.11, 541.13, 541.14, 541.15, 541.16, 541.19 The Texas Commission on Fire Protection adopts amendments to sec.sec.541.6, 541.7, 541.10, 541.11, 541.13, 541.15, 541.16, 541.19 and new 541.14, concerning regulation of the business of inspecting, planning, selling, servicing, installing and maintaining fire protection sprinkler systems, without changes to the proposed text as published in the April 30, 1996, issue of the Texas Register (21 TexReg 3693). The justification for this section is that the public should experience a reduction in sprinkler system costs, due to increased competition and eligibility for an insurance premium reduction pursuant to Subchapter C, Chapter 5, Article 5.33B of the Texas Insurance Code and neither the general public nor any business entity will encounter any fiscal impact as the result of the adoption of the amendments. The amendment to sec.541.6 adds the definition of "inspector". It also adds wording to "sprinkler system", define its starting point. The amendment to sec.541.7 updates NFPA Standards numbers 25, 16, 307, 231, 231C and 409 to the 1995 edition. It also updates NFPA 30B and 231D to the 1994 edition. The amendment to sec.541.10 creates two new certificates of registration for dwelling contractors and underground fire main contractors. Correspondingly, the amendment to sec.541.11 creates two new responsible managing employee (RME) licenses for dwelling and underground fire main contractors. The amendments to sec.541.13 explain the application requirements for the two new RME licenses. The amendment to sec.541.15 adds wording regarding examinations to coordinate with the new RME licensing requirements. It also adds wording to correct a typographical error. The amendment to sec.541.16 adds language concerning the installation, maintenance and service requirements for fire protection sprinkler systems. Finally, the amendments to sec.541.19 change the format of the yellow tag to provide consistency with the other tags which may be installed on a fire protection sprinkler system. The new sec.541.14 changes the format and structure of the fee schedule by adding fees and late charges for the new certificate of registration and RME for dwelling and underground fire main contractors and licensees. It also clearly defines the time a late fee becomes due. There were no comments received on the proposed amendments and new section. The amendments and new section are adopted under Texas Insurance Code, Article 5.43- 3, Sections 3, 3A, and 7 which provide the Texas Commission on Fire Protection with the authority to adopt rules necessary to its administration through the state fire marshal for the protection and preservation of life and property. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on July 31, 1996. TRD-9611180 Jack Woods General Counsel Texas Commission on Fire Protection Effective date: August 26, 1996 Proposal publication date: April 30, 1996 For further information, please call: (512) 918-7189 37 TAC sec.541.14 The Texas Commission on Fire Protection adopts the repeal of sec.541.14, concerning regulation of the business of inspecting, planning, selling, servicing, installing and maintaining fire protection sprinkler systems, without changes to the proposed text as published in the April 30, 1996, issue of the Texas Register (21 TexReg 3696). The justification for the repeal is that the public will experience a reduction in sprinkler system costs, due to increased competition and eligibility for an insurance premium reduction pursuant to Subchapter C, Chapter 5, Article 5.33B of the Texas Insurance Code. The repealed section is being replaced by a new section that deals with the same subject matter. There were no comments received on the proposed repeal. The repeal is adopted under Texas Insurance Code, Article 5.43- 3, Sections 3, 3A, and 7 which provide the Texas Commission on Fire Protection with the authority to adopt rules necessary to its administration through the state fire marshal for the protection and preservation of life and property. sec.541.14Fees. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on July 31, 1996. TRD-9611179 Jack Woods General Counsel Texas Commission on Fire Protection Effective date: August 26, 1996 Proposal publication date: April 30, 1996 For further information, please call: (512) 918-7189 TITLE 43. TRANSPORTATION PART I. Texas Department of Transportation CHAPTER 1.Management SUBCHAPTER A.Organization and Responsibilities 1 TAC sec.1.1, sec.1.2 The Texas Department of Transportation adopts amendments to sec.1.1 and sec.1.2, concerning organization and responsibilities with changes to the proposed text as published in the May 7, 1996, issue of the Texas Register (21 TexReg 3923). Section 1.1 is adopted with changes, and sec.1.2 is adopted without changes and will not be republished. Transportation Code, sec.201.102 requires the commission to develop and implement policies that clearly define the respective responsibilities of the commission and staff of the department. Senate Bill 971, 74th Legislature, 1995, re-codified the statutes relating to transportation into the Transportation Code. The amendments to sec.1.1 and sec.1.2 reflect legislation affecting the responsibilities of the commission and the department, changes to the department's organizational structure, and revisions to citations of statutes now codified in the Transportation Code. A comment deadline of June 10, 1996, was published and no comments were received. The department is changing sec.1.1 to reflect a legislative revision concerning commission approval of certain toll projects. The amendments are adopted under Transportation Code, sec.201.101, which provides the Texas Transportation Commission with the authority to establish rules for the conduct of the work of the Texas Department of Transportation, and more specifically Transportation Code, sec.201.102, which requires the commission to develop and implement policies that clearly define the respective responsibilities of the commission and staff of the department. sec.1.1.Texas Transportation Commission. (a) Commission. (1) The Texas Department of Transportation is governed by the Texas Transportation Commission, consisting of three members appointed by the governor with the advice and consent of the senate. (2) The governor designates one member of the commission to serve as the chair who is known as the commissioner of transportation. (b) Commission responsibilities. (1) The Texas Transportation Commission, with the advice and recommendations of the executive director, will: (A) plan and make policies for the location, construction, and maintenance of a comprehensive system of state highways and public roads; (B) lay out, construct, maintain, and operate a modern state highway system; (C) develop a statewide transportation plan that contains all modes of transportation, including highways and turnpikes, aviation, mass transportation, railroads and high-speed railroads, and water traffic; (D) award contracts necessary for the improvement of the state highway system, as provided by Transportation Code, Chapter 223, as amended, and sec.sec.9.10- 9.20 of this title (relating to Highway Improvement Contracts); (E) encourage, foster, and assist in the development of public and mass transportation in the state; (F) encourage, foster, and assist in the development of aeronautics in the state and encourage, aid, and assist in the establishment of airports, airstrips, and air navigational facilities in the state; (G) fulfill the local sponsorship requirements of the Gulf Intracoastal Waterway as agent for the state; (H) provide for the registration and titling of vehicles operating on the public roads; (I) approve the location and environmental review of turnpike projects constructed by the Texas Turnpike Authority, and the use of the Texas Turnpike Authority feasibility study fund; (J) approve a toll project constructed by a private entity or corporation if the project connects to the state highway system; (K) approve the construction of a toll project by a governmental or private entity other than a county with a population of more than 1.5 million people, if it is to become a part of the state highway system, and review any bonds of a county, municipality, or political subdivision (other than a county with a population greater than 1.5 million people) or any nonprofit corporation acting on behalf of a county, municipality, or political subdivision, payable in whole or in part from revenues derived from the ownership or operation of a toll project; (L) appoint an internal auditor for the department who shall report directly to the commission on the conduct of departmental affairs; (M) adopt rules for the operation of the department; (N) divide the department into districts to accomplish the department's functions and the duties assigned to it; (O) provide for the regulation of motor carriers; (P) carry out such transportation functions as may be delegated by the governor pursuant to applicable federal law; (Q) establish policy necessary to carry out the duties and functions of the department and the commission; and (R) perform other duties required by law. (2) The commission may, consistent with applicable law, delegate one or more of the functions listed under paragraph (1) of this subsection to the executive director, other than those functions under subparagraph (J), and those functions under subparagraph (P) that are delegated solely to the commission. The executive director may further delegate such functions to one or more employees of the department. (c) Members. Each member of the commission shall: (1) execute a bond payable to the state in the sum of $5,000, to be approved by the governor, and conditioned on the faithful performance of the member's duties; (2) attend at least half of the regularly scheduled meetings that the member is eligible to attend during a calendar year unless the absence is excused by majority vote of the commission; and (3) serve ex officio as a member of the board of directors of the Texas Turnpike Authority. (d) Commissioner of transportation. (1) The commissioner of transportation is the chair of the commission and, with the advice and recommendations of the executive director and his or her staff, shall: (A) represent the department in dealing with the governor; (B) report at least quarterly to the governor on the state of affairs at the department; (C) report suggestions made by the governor for departmental operations to the commission; (D) report to the governor on efforts to maximize the efficiency of departmental operations through the use of private enterprise; (E) periodically review the department's organizational structure and submit recommendations for structural changes to the governor, the commission, and the Legislative Budget Board; (F) designate one or more employees of the department as a civil rights division of the department and receive regular reports from the division on the department's efforts to comply with civil rights legislation and administrative rules; (G) serve as the departmental liaison with the governor and the Office of State- Federal Relations to maximize federal funding for highway, public transportation, and aviation purposes; and (H) perform any other duties assigned by law. (2) The commissioner of transportation may, consistent with applicable law, delegate one or more of the functions listed under paragraph (1) of this subsection to the executive director, who in turn may further delegate such functions to one or more employees of the department. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on August 2, 1996. TRD-9611141 Bob Jackson Deputy General Counsel Texas Department of Transportation Effective date: August 23, 1996 Proposal publication date: May 7, 1996 For further information, please call: (512) 463-8630 SUBCHAPTER B.Public Meetings and Hearings 43 TAC sec.1.3, sec.1.5 The Texas Department of Transportation adopts amendments to sec.1.3 and sec.1.5, concerning public meetings and hearings without changes to the proposed text as published in the May 7, 1996, issue of the Texas Register (21 TexReg 3925). Transportation Code, sec.201.802 requires the commission to provide the public with a reasonable opportunity to appear before the commission and speak on any issue under the jurisdiction of the commission. Senate Bill 971, 74th Legislature, 1995, re-codified the statutes relating to transportation into the Transportation Code. The amendments to sec.1.3 and sec.1.5 reflect legislation affecting the responsibilities of the commission and the department, changes to the department's organizational structure, and revisions to citations of statutes now codified in the Transportation Code. A comment deadline of June 10, 1996, was published and no comments were received. The amendments are adopted under Transportation Code, sec.201.101, which provides the Texas Transportation Commission with the authority to establish rules for the conduct of the work of the Texas Department of Transportation, and more specifically Transportation Code, sec.201.802, which requires the commission to provide the public with a reasonable opportunity to appear before the commission and speak on any issue under the jurisdiction of the commission. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on August 2, 1996. TRD-9611142 Bob Jackson Deputy General Counsel Texas Department of Transportation Effective date: August 23, 1996 Proposal publication date: May 7, 1996 For further information, please call: (512) 463-8630 CHAPTER 11.Design SUBCHAPTER C.Access Driveways to State Highways 43 TAC sec.sec.11.50-11.53 The Texas Department of Transportation adopts new sec.11.50 and amendments to sec.sec.11.51-11.53 concerning Access Driveway Facilities to State Highways with changes to the proposed text as published in the May 14, 1996, issue of the Texas Register (21 TexReg 4220). Section 11.50 is adopted with changes and sec.sec.11.51-11.53 are adopted without changes and will not be republished. Due to constraints on department funding and personnel and to provide a more uniform statewide policy on driveways, the new section and amendments provide that the department will no longer assist in the installation or maintenance of, or provide materials for, private driveways. New sec.11.50 adds definitions to clarify the meaning of the various types of driveways. Section 11.50 is adopted with changes by adding a definition for grantee to clarify the use of this term as it is used in this undesignated head. Amended sec.11.51 adds subsection (e) to address drainage of roadside ditches. Amended sec.11.52 deletes the provision for the department to assist in the installation and maintenance of commercial and private driveways. Amended sec.11.53 adds subsection (c) to address safety and drainage problems related to driveways. On June 4, 1996, the department conducted a public hearing on the new section and amendments. One written comment was received. The commenter expressed opposition to the proposed revision that would remove the assistance of the department in installing and maintaining private driveway facilities outside the corporate limits of municipalities. The commenter stated that properly installed and maintained private driveways benefit the safety of highway traffic as well as private property owners. The commenter also expressed concern that these private property owners would look to the county to assist in the installation and maintenance of their driveways. Under the previous policy, each district provided assistance as their workload permitted. This resulted in a large variance in the amount of assistance provided by different districts. In addition, it is the department's opinion that the new policy to discontinue the assistance to certain private property owners is fair to all taxpayers. The department is not suggesting that the counties should continue the previous driveway policy. The new section and amendments are adopted under Transportation Code, Section 201.101, which provides the Texas Department of Transportation with the authority to promulgate rules for the conduct of the work of the Texas Department of Transportation. sec.11.50.Definitions. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. Commercial driveway-An entrance to, or exit from, any commercial, business, or similar type establishment. Grantee -The property owner or his or her authorized representative who is granted a driveway permit by the department to construct or modify an access driveway from the property to a highway under the jurisdiction of the department. Private driveway-An entrance to, or exit from, a residential dwelling, farm, or ranch for the exclusive use and benefit of the grantee. Public access driveway -All approaches from county or city maintained roads and streets, and approaches to schools, cemeteries, and other public places or buildings of a like character. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on August 2, 1996. TRD-9611140 Bob Jackson Deputy General Counsel Texas Department of Transportation Effective date: August 23, 1996 Proposal publication date: May 7, 1996 For further information, please call: (512) 463-8630