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 16. ECONOMIC REGULATION PART I. Railroad Commission of Texas CHAPTER 11.Surface Mining and Reclamation Division SUBCHAPTER D.Coal Mining 16 TAC sec.11.221 The Railroad Commission of Texas adopts an amendment to sec.11.221, concerning the general requirements on timing of backfilling and grading, without change to the proposed text as published in the August 6, 1996, issue of the Texas Register (21 TexReg 7309). The text of sec.11.221 incorporates the rules on backfilling and grading by reference. The text of the adopted rules that is incorporated into sec.11.221 by reference may be obtained from the Surface Mining and Reclamation Division, Railroad Commission of Texas, P.O. Box 12967, Austin, Texas. Texas Utilities Services and the Aluminum Company of America commented in support of the proposed amendment. No other comments were received. The amendment is adopted pursuant to the Texas Natural Resources Code, sec.134.013 which provides the commission the authority to promulgate rules pertaining to surface coal mining operations. 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 September 10, 1996. TRD-9613248 Mary Ross McDonald Deputy General Counsel, Office of General Counsel Railroad Commission of Texas Effective date: October 1, 1996 Proposal publication date: August 6, 1996 For further information, please call: (512) 463-7008 PART VIII. Texas Racing Commission CHAPTER 303.General Provisions SUBCHAPTER B.Powers and Duties of the Commission 16 TAC sec.303.41 The Texas Racing Commission adopts an amendment to sec.303.41, concerning the allocation of race dates to pari-mutuel racetracks, without changes to the proposed text published in the July 2, 1996 issue of the Texas Register (21 TexReg 6064). The amendment is adopted to ensure that the commission's administrative procedures for allocating race dates will be efficient, effective, and fair to all interested parties. The amendment modifies the procedure for a racetrack to request changes to its race date schedule after the date allocation has already been acted on by the commission. No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act; sec.8.01, which authorizes the commission to allocate race dates for horse racetracks; sec.10.01, which authorizes the commission to allocate race dates for greyhound racetracks; and Texas Government Code, sec.2001.004, which authorizes the commission to adopt rules of practice for all formal and informal procedures. 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 September 9, 1996. TRD-9613120 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: October 1, 1996 Proposal publication date: July 2, 1996 For further information, please call: (512) 833-6699 CHAPTER 309.Operation of Racetracks SUBCHAPTER B.Horse Racetracks Operations 16 TAC sec.309.202 The Texas Racing Commission adopts new sec.309.202, concerning horsemen's representatives, without changes to the proposed text published in the July 2, 1996 issue of the Texas Register (21 TexReg 6064). The new section is adopted to ensure that the participants in pari-mutuel horse racing in this state will have a voice in regulatory and racetrack operational matters that affect them. The new section establishes the procedure for recognizing a statewide organization to represent horsemen and specifies the responsibilities and authority of a recognized organization. Oral comments were received from Lone Star Park at Grand Prairie regarding adoption of the new section. The commenter suggested modifying the section to change the items on which the organization was authorized to negotiate with pari-mutuel racetracks. The Commission disagrees with the comments on the grounds that the suggested changes would constitute a significant modification from the proposed text inappropriate for final adoption. The new section is adopted under the Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act; sec.6.06, which authorizes the Commission to adopt rules on all matters relating to the operation of racetracks; and Texas Government Code, sec.2001.004, which authorizes the commission to adopt rules of practice for all formal and informal procedures. 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 September 9, 1996. TRD-9613121 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: October 1, 1996 Proposal publication date: July 2, 1996 For further information, please call: (512) 833-6699 CHAPTER 313.Officials and Rules of Horse Racing SUBCHAPTER A.Officials Duties of Stewards 16 TAC sec.313.25 The Texas Racing Commission adopts an amendment to sec.313.25, concerning the stewards' list, without changes to the proposed text published in the July 2, 1996 issue of the Texas Register (21 TexReg 6065). The amendment is adopted to ensure pari-mutuel horse racing will be safe for the race horses and the participants. The amendment modifies the effect of placing a horse on the stewards' list on the horse's eligibility to participate in a race. No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act; and sec.6.06, which authorizes the commission to adopt rules on all matters relating to the operation of racetracks. 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 September 9, 1996. TRD-9613122 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: October 1, 1996 Proposal publication date: July 2, 1996 For further information, please call: (512) 833-6699 Duties of Other Officials 16 TAC sec.313.49 The Texas Racing Commission adopts an amendment to sec.313.49, concerning the starter's list, without changes to the proposed text published in the July 2, 1996 issue of the Texas Register (21 TexReg 6066). The amendment is adopted to ensure pari-mutuel horse racing will be safe for the race horses and the participants. The amendment modifies the effect of placing a horse on the starter's list on the horse's eligibility to participate in a race. No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act; and sec.6.06, which authorizes the commission to adopt rules on all matters relating to the operation of racetracks. 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 September 9, 1996. TRD-9613123 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: October 1, 1996 Proposal publication date: July 2, 1996 For further information, please call: (512) 833-6699 CHAPTER 319.Veterinary Practices and Drug Testing SUBCHAPTER B.Treatment of Horses 16 TAC sec.319.102 The Texas Racing Commission adopts an amendment to sec.319.102, concerning the veterinarian's list, without changes to the proposed text published in the July 2, 1996 issue of the Texas Register (21 TexReg 6066). The amendment is adopted to ensure pari-mutuel horse racing will be safe for the race horses and the participants. The amendment modifies the effect of placing a horse on the veterinarian's list on the horse's eligibility to participate in a race. No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act; sec.6.06, which authorizes the commission to adopt rules on all matters relating to the operation of racetracks; and sec.14.03, which authorizes the commission to adopt rules to prohibit the illegal influencing of the outcome of a race. 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 September 9, 1996. TRD-9613124 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: October 1, 1996 Proposal publication date: July 2, 1996 For further information, please call: (512) 833-6699 16 TAC sec.319.111 The Texas Racing Commission adopts an amendment to sec.319.111, concerning the bleeder and furosemide (Lasix) program, without changes to the proposed text published in the July 2, 1996 issue of the Texas Register (21 TexReg 6067). The amendment is adopted to ensure pari-mutuel horse racing will be safe for the race horses and the participants. The amendment modifies the effect of placing a horse on the bleeder's list on the horse's eligibility to participate in a race. No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act; sec.6.06, which authorizes the commission to adopt rules on all matters relating to the operation of racetracks; and sec.14.03, which authorizes the commission to adopt rules to prohibit the illegal influencing of the outcome of a race. 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 September 9, 1996. TRD-9613125 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: October 1, 1996 Proposal publication date: July 2, 1996 For further information, please call: (512) 833-6699 CHAPTER 321.Pari-mutuel Wagering SUBCHAPTER A.Regulation and Totalisator Operations Mutuel Tickets 16 TAC sec.321.38 The Texas Racing Commission adopts an amendment to sec.321.38, concerning cancellation of mutuel tickets, without changes to the proposed text published in the July 2, 1996 issue of the Texas Register (21 TexReg 6067). The amendment is adopted to ensure that pari-mutuel wagering will be fair to the patrons, while maintaining its high integrity. The amendment modifies the general prohibition on canceling mutuel tickets and clarifies the circumstances under which mutuel tickets may or must be canceled. No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act; and sec.11.01, which authorizes the commission to adopt rules to regulate pari-mutuel wagering. 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 September 9, 1996. TRD-9613126 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: October 1, 1996 Proposal publication date: July 2, 1996 For further information, please call: (512) 833-6699 SUBCHAPTER C.Simulcast Wagering General Provisions 16 TAC sec.321.204 The Texas Racing Commission adopts an amendment to sec.321.204, concerning the approval of wagering on simulcast races, without changes to the proposed text published in the July 2, 1996 issue of the Texas Register (21 TexReg 6068). The amendment is adopted to ensure that the commission's procedures for approving simulcast signals will operate efficiently and effectively. The amendment changes the deadline for filing a request for approval of the simulcast signal of a race of national or historic interest. No comments were received regarding the proposal. The amendment is adopted under the Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act; sec.6.06, which authorizes the commission to adopt rules on all matters relating to the operation of racetracks; sec.11.01, which authorizes the commission to adopt rules to regulate pari-mutuel wagering; and sec.11.011, which authorizes the commission to adopt rules to regulate pari-mutuel wagering on simulcast races. 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 September 9, 1996. TRD-9613127 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: October 1, 1996 Proposal publication date: July 2, 1996 For further information, please call: (512) 833-6699 TITLE 22. EXAMINING BOARDS PART XVIII. Texas State Board of Podiatric Medical Examiners CHAPTER 371.Examinations 22 TAC sec.371.2, sec. 371.9 The Texas State Board of Podiatric Medical Examiners adopts an amendment to sec.371.2 and sec.371.9, concerning Examinations without changes to the proposed text as published in the July 19, 1996, issue of the Texas Register (21 TexReg 6749). The rule is being amended to bring terms in line with that used throughout the country and in accordance with State Legislation. The amendments will change the examination fee to allow us to recover our expenses and to change some of the words so that their meaning is more easily understood. No comments were received regarding adoption of the amendments. The amendments are adopted under Texas Civil Statutes, Article 4568(j), which provide the Texas State Board of Podiatric Medical Examiners with the authority to adopt all reasonable or necessary rules, regulations, and by-laws not inconsistent with the law regulating the practice of podiatric medicine, the laws of this state, or of the United States; to govern its proceedings and activities, the regulation of the practice of podiatric medicine, and the enforcement of the law regulating the practice of podiatric medicine. 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 September 9, 1996. TRD-9613140 Janie Alonzo Staff Services Officer I Texas State Board of Podiatric Medical Examiners Effective date: September 30, 1996 Proposal publication date: July 19, 1996 For further information, please call: (512) 305-7000 CHAPTER 373. Identification of Practice 22 TAC sec.sec.373.1, 373.2, 373.4-373.7 The Texas State Board of Podiatric Medical Examiners adopts an amendment to sec.sec.373.1, 373.2, 373.4-373.7, concerning Identification of Practice without changes to the proposed text as published in the July 19, 1996, issue of the Texas Register (21 TexReg 6750). The text will not be republished. The rule is being amended to bring terminology in line with that used throughout the country and in accordance with State Legislation. The amendment will change podiatry to podiatric medical to comply with changes that were made during the last legislative session. No comments were received regarding adoption of the amendments. The amendments are adopted under Texas Civil Statutes, Article 4568(j), which provide the Texas State Board of Podiatric Medical Examiners with the authority to adopt all reasonable or necessary rules, regulations, and by-laws not inconsistent with the law regulating the practice of podiatric medicine, the laws of this state, or of the United States; to govern its proceedings and activities, the regulation of the practice of podiatric medicine, and the enforcement of the law regulating the practice of podiatric medicine. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt. Issued in Austin, Texas, on September 9, 1996. TRD-9613141 Janie Alonzo Staff Services Officer I Texas State Board of Podiatric Medical Examiners Earliest possible date of adoption: September 30, 1996 For further information, please call: (512) 305-7000 CHAPTER 375.Rules Governing Conduct 22 TAC sec.sec.375.1-375.5, 375.8-375.12 The Texas State Board of Podiatric Medical Examiners adopts an amendment to sec.sec.375.1-375.5 and 375.8-375.11 and adopts a new sec.375.12, concerning Rules Governing Conduct without changes to the proposed text as published in the July 19, 1996, issue of the Texas Register (21 TexReg 6751). The rule is being amended to bring terminology in line with that used throughout the country and in accordance with State Legislation. The new section is proposed to provide procedures for insurers and podiatric physicians to report to the Board about medical professional liability claims. The amendments will change podiatrist to podiatric physician to comply with changes that were made during the last legislative session. No comments were received regarding adoption of the amendments. The amendments are adopted under Texas Civil Statutes, Article 4568(j), which provide the Texas State Board of Podiatric Medical Examiners with the authority to adopt all reasonable or necessary rules, regulations, and by-laws not inconsistent with the law regulating the practice of podiatric medicine, the laws of this state, or of the United States; to govern its proceedings and activities, the regulation of the practice of podiatric medicine, and the enforcement of the law regulating the practice of podiatric medicine. 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 September 9, 1996. TRD-9613142 Janie Alonzo Staff Services Officer I Texas State Board of Podiatric Medical Examiners Effective date: September 30, 1996 Proposal publication date: July 19, 1996 For further information, please call: (512) 305-7000 CHAPTER 376.Violations and Penalties 22 TAC sec.sec.376.1-376.4, 376.10 The Texas State Board of Podiatric Medical Examiners adopts an amendment to sec.sec.376.1-376.4, and 376.10, concerning Violations and Penalties without changes to the proposed text as published in the July 19, 1996, issue of the Texas Register (21 TexReg 6754). The rule is being amended to bring terminology in line with that used throughout the country and in accordance with State Legislation. The amendments will change podiatrist to podiatric physician and podiatry to podiatric medical to comply with changes that were made during the last legislative session. No comments were received regarding adoption of the amendments. The amendments are adopted under Texas Civil Statutes, Article 4568(j), which provide the Texas State Board of Podiatric Medical Examiners with the authority to adopt all reasonable or necessary rules, regulations, and by-laws not inconsistent with the law regulating the practice of podiatric medicine, the laws of this state, or of the United States; to govern its proceedings and activities, the regulation of the practice of podiatric medicine, and the enforcement of the law regulating the practice of podiatric medicine. 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 September 9, 1996. TRD-9613143 Janie Alonzo Staff Services Officer I Texas State Board of Podiatric Medical Examiners Effective date: September 30, 1996 Proposal publication date: July 19, 1996 For further information, please call: (512) 305-7000 CHAPTER 377.Procedure Governing Grievances, Hearings and Appeals 22 TAC sec.sec.377.1, 377.3, 377.4, 377.11, 377.34, 377.43 The Texas State Board of Podiatric Medical Examiners adopts an amendment to sec.sec.377.1, 377.3, 377.4, 377.11, 377.34 and 377.43, concerning Procedures Governing Grievances, Hearings, and Appeals without changes to the proposed text as published in the July 19, 1996, issue of the Texas Register (21 TexReg 6755). The rule is being amended to bring terminology in line with that used throughout the country and in accordance with State Legislation. Deletion of the reference to the "secretary-treasurer" and replacing it with a reference to the "Board" in this Chapter 377, simplifies the complaint and appeal process. The amendments will change all references of secretary-treasurer to executive director. No comments were received regarding adoption of the amendments. The amendments are adopted under Texas Civil Statutes, Article 4568(j), which provide the Texas State Board of Podiatric Medical Examiners with the authority to adopt all reasonable or necessary rules, regulations, and by-laws not inconsistent with the law regulating the practice of podiatric medicine, the laws of this state, or of the United States; to govern its proceedings and activities, the regulation of the practice of podiatric medicine, and the enforcement of the law regulating the practice of podiatric medicine and 4568(p) which allows the Board to develop and implement policies that clearly define the respective responsibilities of the Board and the staff of the Board. 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 September 9, 1996. TRD-9613144 Janie Alonzo Staff Services Officer I Texas State Board of Podiatric Medical Examiners Effective date: September 30, 1996 Proposal publication date: July 19, 1996 For further information, please call: (512) 305-7000 CHAPTER 378.Continuing Education 22 TAC sec.sec.378.1, 378.3, 378.5-378.8 The Texas State Board of Podiatric Medical Examiners adopts an amendment to sec.sec.378.1, 378.3 and 378.5-378.8, concerning Continuing Education without changes to the proposed text as published in the July 19, 1996, issue of the Texas Register (21 TexReg 6756). The rule is being amended to bring terminology in line with that used throughout the country and in accordance with State Legislation. The amendments will change podiatry to podiatric medicine. No comments were received regarding adoption of the amendments. The amendments are adopted under Texas Civil Statutes, Article 4568(j), which provide the Texas State Board of Podiatric Medical Examiners with the authority to adopt all reasonable or necessary rules, regulations, and by-laws not inconsistent with the law regulating the practice of podiatric medicine, the laws of this state, or of the United States; to govern its proceedings and activities, the regulation of the practice of podiatric medicine, and the enforcement of the law regulating the practice of podiatric medicine. 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 September 9, 1996. TRD-9613145 Janie Alonzo Staff Services Officer I Texas State Board of Podiatric Medical Examiners Effective date: September 30, 1996 Proposal publication date: July 19, 1996 For further information, please call: (512) 305-7000 CHAPTER 379.Fees and License Renewal 22 TAC sec.379.1, sec.379.2 The Texas State Board of Podiatric Medical Examiners adopts an amendment to sec.379.1 and sec.379.2, concerning Fees and License Renewal without changes to the proposed text as published in the July 19, 1996, issue of the Texas Register (21 TexReg 6757). The rule is being amended to bring terminology in line with that used throughout the country and in accordance with State Legislation and to change fees to the current amount and change the date of license renewal. The amendments will change the fees to the current amount and change the date of license renewal. No comments were received regarding adoption of the amendments. The amendments are adopted under Texas Civil Statutes, Article 4568(j), which provide the Texas State Board of Podiatric Medical Examiners with the authority to adopt all reasonable or necessary rules, regulations, and by-laws not inconsistent with the law regulating the practice of podiatric medicine, the laws of this state, or of the United States; to govern its proceedings and activities, the regulation of the practice of podiatric medicine, and the enforcement of the law regulating the practice of podiatric medicine. 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 September 9, 1996. TRD-9613146 Janie Alonzo Staff Services Officer I Texas State Board of Podiatric Medical Examiners Effective date: September 30, 1996 Proposal publication date: July 19, 1996 For further information, please call: (512) 305-7000 CHAPTER 380.Hyperbaric Oxygen Guidelines 22 TAC sec.380.1 The Texas State Board of Podiatric Medical Examiners adopts new rule sec.380.1, concerning Hyperbaric Oxygen Guidelines without changes to the proposed text as published in the July 19, 1996, issue of the Texas Register (21 TexReg 6758). The new rule is being adopted to set guidelines to be followed for those who are utilizing Hyperbaric Oxygen while providing podiatric treatment. The rule will govern those utilizing hyperbaric oxygen therapy. No comments were received regarding adoption of the new rule. The new rule is adopted under Texas Civil Statutes, Article 4568(j), which provide the Texas State Board of Podiatric Medical Examiners with the authority to adopt all reasonable or necessary rules, regulations, and by-laws not inconsistent with the law regulating the practice of podiatric medicine, the laws of this state, or of the United States; to govern its proceedings and activities, the regulation of the practice of podiatric medicine, and the enforcement of the law regulating the practice of podiatric medicine. 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 September 9, 1996. TRD-9613147 Janie Alonzo Staff Services Officer I Texas State Board of Podiatric Medical Examiners Effective date: September 30, 1996 Proposal publication date: July 19, 1996 For further information, please call: (512) 305-7000 CHAPTER 381.Relative Anesthesia 22 TAC sec.sec.381.4-381.7 The Texas State Board of Podiatric Medical Examiners adopts an amendment to sec.sec.381.4-381.7, concerning Anesthesia without changes to the proposed text as published in the July 19, 1996, issue of the Texas Register (21 TexReg 6759). The rule is being amended to bring terminology in line with that used throughout the country and in accordance with State Legislation. The rule changes podiatry to podiatric medicine and podiatrist to podiatric physician. No comments were received regarding adoption of the amendments. The amendments are adopted under Texas Civil Statutes, Article 4568(j), which provide the Texas State Board of Podiatric Medical Examiners with the authority to adopt all reasonable or necessary rules, regulations, and by-laws not inconsistent with the law regulating the practice of podiatric medicine, the laws of this state, or of the United States; to govern its proceedings and activities, the regulation of the practice of podiatric medicine, and the enforcement of the law regulating the practice of podiatric medicine. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt. Issued in Austin, Texas, on September 9, 1996. TRD-9613148 Janie Alonzo Staff Services Officer I Texas State Board of Podiatric Medical Examiners Earliest possible date of adoption: September 30, 1996 For further information, please call: (512) 305-7000 CHAPTER 382.1 Radiologic Technologists 22 TAC 382.1 The Texas State Board of Podiatric Medical Examiners adopts an amendment to sec.382.1, concerning Registration of Podiatric Medical Radiologic Technologists without changes to the proposed text as published in the July 19, 1996, issue of the Texas Register (21 TexReg 6760). The rule is being amended to bring terminology in line with that used throughout the country and in accordance with State Legislation. The rule changes podiatry to podiatric medical and podiatrist to podiatric physician. No comments were received regarding adoption of the amendments. The amendments are adopted under Texas Civil Statutes, Article 4568(j), which provide the Texas State Board of Podiatric Medical Examiners with the authority to adopt all reasonable or necessary rules, regulations, and by-laws not inconsistent with the law regulating the practice of podiatric medicine, the laws of this state, or of the United States; to govern its proceedings and activities, the regulation of the practice of podiatric medicine, and the enforcement of the law regulating the practice of podiatric medicine. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt. Issued in Austin, Texas, on September 9, 1996. TRD-9613149 Janie Alonzo Staff Services Officer I Texas State Board of Podiatric Medical Examiners Earliest possible date of adoption: September 30, 1996 For further information, please call: (512) 305-7000 TITLE 40. SOCIAL SERVICES AND ASSISTANCE PART I. Texas Department of Human Services CHAPTER 2.Medically Needy Program Program Requirements 40 TAC sec.2.1004 The Texas Department of Human Services (DHS) adopts an amendment to sec.2.1004, without changes to the proposed text as published in the Texas Register (21 TexReg 7228). The justification for the amendment is to implement welfare reform policies as required by House Bill 1863. The amendment will function by ensuring that DHS will be in compliance with state legislation related to welfare reform. No comments were received regarding adoption of the amendment. The amendment is adopted under the Human Resources Code, Title 2, Chapters 22, 31, and 32, which provides the department with the authority to administer public, financial, and medical assistance programs and under Texas Government Code, sec.531.021, which provides the Health and Human Services commission with the authority to administer federal medical assistance funds. The amendment implements the Human Resources Code sec.sec.22.001-22.030, sec.31.0325, and sec.sec.32.001-32.042. 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 September 10, 1996. TRD-9613174 Glen Scott General Counsel, Legal Services Texas Department of Human Services Effective date: October 1, 1996 Proposal publication date: July 30, 1996 For further information, please call: (512) 438-3765 CHAPTER 3.Income Assistance Services The Texas Department of Human Services (DHS) adopts the repeal of sec.3.3906 and sec.sec.3.3908-3.3911; amendments to sec.sec.3.301, 3.703, 3.704, 3.1101, 3.2204, 3.2205, 3.3904, 3.3905, and sec.3.3907; and new sec.3.3909 and sec.3.6004, without changes to the proposed text published in the Texas Register(21 TexReg 6773). The justification for the repeals, amendments, and new sections is to implement welfare reform policies as required by House Bill 1863. The repeals, amendments, and new sections will function by ensuring that DHS will be in compliance with state legislation related to welfare reform. No comments were received regarding the adoption of the repeals, amendments, and new sections. SUBCHAPTER C.The Application Process 40 TAC sec.3.301 The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 and 31, which provides the department with the authority to administer public and financial assistance programs. The amendment implements the Human Resources Code sec.sec.22.001-22.030 and sec.31.0325. 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 September 10, 1996. TRD-9613175 Glen Scott General Counsel, Legal Services Texas Department of Human Services Effective date: October 1, 1996 Proposal publication date: July 19, 1996 For further information, please call: (512) 438-3765 SUBCHAPTER G.Resources 40 TAC sec.3.703, sec.3.704 The amendments are adopted under the Human Resources Code, Title 2, Chapters 22 and 31, which provides the department with the authority to administer public and financial assistance programs. The amendments implement the Human Resources Code sec.sec.22.001-22.030 and sec.31.0325. 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 September 10, 1996. TRD-9613176 Glen Scott General Counsel, Legal Services Texas Department of Human Services Effective date: October 1, 1996 Proposal publication date: July 19, 1996 For further information, please call: (512) 438-3765 SUBCHAPTER K.Employment Services 40 TAC sec.3.1101 The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 and 31, which provides the department with the authority to administer public and financial assistance programs. The amendment implements the Human Resources Code sec.sec.22.001-22.030 and sec.31.0325. 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 September 10, 1996. TRD-9613177 Glen Scott General Counsel, Legal Services Texas Department of Human Services Effective date: October 1, 1996 Proposal publication date: July 19, 1996 For further information, please call: (512) 438-3765 SUBCHAPTER V.Medicaid Eligibility 40 TAC sec.3.2204, sec.3.2205 The amendments are adopted under the Human Resources Code, Title 2, Chapters 22 and 31, which provides the department with the authority to administer public and financial assistance programs. The amendments implement the Human Resources Code sec.sec.22.001-22.030 and sec.31.0325. 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 September 10, 1996. TRD-9613178 Glen Scott General Counsel, Legal Services Texas Department of Human Services Effective date: October 1, 1996 Proposal publication date: July 19, 1996 For further information, please call: (512) 438-3765 SUBCHAPTER MM.Aid to Families with Dependent Children-Unemployed Parent Program 40 TAC sec.sec.3.3904, 3.3905, 3.3907, 3.3909 The amendments and new section are adopted under the Human Resources Code, Title 2, Chapters 22 and 31, which provides the department with the authority to administer public and financial assistance programs. The amendments and new section implement the Human Resources Code sec.sec.22.001-22.030 and sec.31.0325. 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 September 10, 1996. TRD-9613179 Glen Scott General Counsel, Legal Services Texas Department of Human Services Effective date: October 1, 1996 Proposal publication date: July 19, 1996 For further information, please call: (512) 438-3765 40 TAC sec.sec.3.3906, 3.3908-3.3911 The repeals are adopted under the Human Resources Code, Title 2, Chapters 22 and 31, which provides the department with the authority to administer public and financial assistance programs. The repeals implement the Human Resources Code sec.sec.22.001-22.030 and sec.31.0325. 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 September 10, 1996. TRD-9613180 Glen Scott General Counsel, Legal Services Texas Department of Human Services Effective date: October 1, 1996 Proposal publication date: July 19, 1996 For further information, please call: (512) 438-3765 SUBCHAPTER PP.Applicability of Policies Resulting from House Bill 1863 40 TAC sec.3.6004 The new section is adopted under the Human Resources Code, Title 2, Chapters 22 and 31, which provides the department with the authority to administer public and financial assistance programs. The new section implements the Human Resources Code sec.sec.22.001-22.030 and sec.31.0325. 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 September 10, 1996. TRD-9613181 Glen Scott General Counsel, Legal Services Texas Department of Human Services Effective date: October 1, 1996 Proposal publication date: July 19, 1996 For further information, please call: (512) 438-3765 CHAPTER 47.Primary Home Care Service Requirements 40 TAC sec.47.2902 The Texas Department of Human Services (DHS) adopts an amendment to sec.47.2902, without changes to the proposed amendment. The proposed text published in the July 16, 1996, issue of the Texas Register (21 TexReg 6613) contained an error in that it indicated that there were no changes to paragraphs (2) and (3) in subsection (a). Paragraph (a)(3) had already been deleted effective July 1, 1996, under an earlier rule amendment. The justification for the amendment is to reflect the streamlined prior approval process. The amendment will function by allowing fewer breaks in services to primary home care 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 Government Code sec.531.021, which provides the Health and Human Services Commission with the authority to administer federal medical assistance funds. The amendment implements sec.sec.22.001-22.030 and sec.32.001-32.041 of the Human Resources Code. 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 September 9, 1996. TRD-9613138 Glenn Scott General Counsel, Legal Services Texas Department of Human Services Effective date: October 1, 1996 Proposal publication date: July 16,1996 For further information, please call:(512) 438-3765