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 4. AGRICULTURE
PART VII. Texas Agriculture Resources Protection Authority 
CHAPTER 101. General Rules
SUBCHAPTER A. Routine Procedures
4 TAC sec.101.20
The Agriculture Resources Protection Authority (the Authority) adopts new 
sec.101.20, concerning reporting requirements for agencies under the Authority's 
jurisdiction, without changes to the proposed text published in the July 5, 
1996, issue of the Texas Register (21 TexReg 6124).
The new section is adopted to implement legislative changes made to the Texas 
Agriculture Code, sec.76.009 by the 74th Legislature (1995). The new section 
provides procedures for reporting of pesticide regulatory enforcement activities 
by agencies under the jurisdiction of the Authority including time and place for 
reporting, content of reports, commenting by the Authority and agencies on 
reports filed, and a definition of "pesticide regulatory enforcement activity". 
No comments were received on the proposal. 
The new section is adopted under the Texas Agriculture Code, sec.76.009, which 
provides the Texas Agriculture Resources Protection Authority with the authority 
to adopt rules relating to any duty of the Authority.
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 13, 1996.
TRD-9613499
Dolores Alvarado Hibbs
Deputy General Counsel, Texas Department of Agriculture
Texas Agriculture Resources Protection Authority
Effective date: October 4, 1996
Proposal publication date: July 5, 1996
For further information, please call: (512) 463-7583

TITLE 16. ECONOMIC REGULATION
PART II. Public Utility Commission of Texas
CHAPTER 22.Practice and Procedure
SUBCHAPTER H.Discovery Procedures
16 TAC sec.22.142
The Public Utility Commission of Texas adopts an amendment to Procedural Rule 
sec.22.142, relating to Limitations on Discovery and Protective Orders with 
changes to the proposed text as published in the June 4, 1996, issue of the 
Texas Register (21 TexReg 4930). The amendment will provide for limitations on 
requests for information (RFIs) during the discovery phase of a proceeding 
before the commission. 
A public hearing on the amendment was held at Commission offices on June 12, 
1996 at 10:00 a.m. Representatives from Texas Utilities Electric Company (TU) 
and Houston Lighting and Power Company (HL&P) attended the hearing; however no 
oral comment was presented for the record. 
The commission received written comments on the proposed amendments from Central 
and South West Corporation (CSW), the Office of Public Utility Counsel (OPUC), 
Southwestern Bell Telephone Company (SWB), HL&P, GTE Southwest Inc. (GTE), TU, 
and Entergy. 
CSW, GTE, and TU all commented that subsection (d)(2) of the proposed amendment, 
which provides that RFIs that do not have to be answered shall not be counted 
toward the propounding party's limit, was ill-advised. The commenting parties 
were concerned that by not counting questions that were poorly worded, 
irrelevant, or for some other reason objectionable, the propounding party would 
have no incentive to be thorough and efficient in discovery. OPUC responded to 
the parties in reply comments that "just because reasonable parties disagree and 
an ALJ or the commission disagrees with one party's point of view does not mean 
that the propounding party asked frivolous, trivial, or not well-thought out 
questions. It simply means that the propounding party was unable to convince the 
ALJ or the commission of the relevancy of the question." 
The commission agrees with both arguments presented by the parties and, 
therefore, has amended the proposed text to give the presiding officer 
discretion in determining whether disputed requests should count toward the 
propounding party's limit. The amended text is contained in subsection (d)(3) of 
the rule. 
CSW and SWB suggested clarification as to what constitutes a single request; 
specifically, the commenting parties recommended limiting the number of answers 
rather than RFIs per se. The parties' concern was to ensure that a single 
question required a single response, and that when questions contain subparts, 
each subpart would be considered a separate question and would count toward the 
propounding party's limit. 
The commission intended that the presiding officer would consider the number of 
subparts in a question when setting limits on discovery, which is why subsection 
(d)(1)(H) addresses the number of answers required. However, to clarify that 
subparts to questions shall be considered separate requests for purposes of 
calculating the propounding party's limit, the commission has added a new 
subsection (d)(2) to address this point specifically. 
Virtually every party opposed the language in the proposed amendment that allows 
one party to yield its unused questions to any other party. CSW's comments, 
which were largely reflective of the other comments of the other parties, stated 
that the "provision would encourage more discovery, since a party could contact 
a minor or inactive intervenor to obtain additional discovery . . . providing 
parties with a loophole through which to ask more questions beyond the scrutiny 
of the ALJ." 
The commission finds that the proposed text is appropriate in that it encourages 
parties to be accountable for their own discovery requests. The commission 
believes that the elimination of this provision would leave open the possibility 
that parties might find other means of pursuing additional discovery outside the 
purview of the presiding officer or the commission; therefore, the commission 
makes no change to the amendment based on these comments. 
GTE commented that proposed subsection (d)(3) seemed to allow the general 
counsel to donate its "unused RFI's to any other party in the proceeding" and 
stated a concern over who would receive the general counsel's unused allotment. 
The commission's intent was to allow parties to yield their unused allotments to 
any party other than the general counsel, not for the general counsel to yield 
its allotment to another party. The commission has clarified the language of the 
proposed text (now subsection (d)(4)) to inform the parties that the general 
counsel will neither receive nor provide any unused discovery allotments. 
OPUC commented that because its role and circumstances are similar to those of 
the general counsel, it should also benefit from the provision which allows the 
presiding officer to consider the general counsel's public interest role and 
limited resources in limiting the discovery to be propounded upon the general 
counsel. 
The commission agrees that the OPUC operates under similar resource constraints 
as the general counsel and therefore amends that portion of the rule to give the 
presiding officer discretion in setting a limit on the number of requests that 
can be propounded on the OPUC. 
OPUC asked for a like exception to the limit on the number of requests it can 
propound. The commission finds that subsection (d)(1) of the published text is 
responsive to OPUC's concern in that it lists the factors a presiding officer 
shall consider before setting limitations on RFIs. Specifically, subparagraph 
(F) of this subsection directs the presiding officer to consider the number of 
issues that the party seeking discovery is expected to address; therefore, at 
that time, OPUC's role and limited resources can be taken into consideration. 
Since the commission believes that OPUC's concern is addressed by the amendment 
as published, it makes no changes to the rule based on this comment. 
The amendment is adopted under Public Utility Regulatory Act of 1995, sec.1.101, 
Senate Bill 319, 74th Legislature, Regular Session 1995, which provides the 
commission with the authority to make and enforce rules reasonably required in 
the exercise of its powers and jurisdiction, including rules of practice and 
procedure. 
Cross Index to Statutes: Public Utility Regulatory Act of 1995, sec.1.101, 
Senate Bill 319, 74th Legislature, Regular Session 1995.

sec.22.142.Limitations on Discovery and Protective Orders. 
(a) Limitation of Discovery Requests. The presiding officer may limit discovery, 
by order, to protect a party against unreasonable or unwarranted discovery 
requests. 
(1)-(3) (No change.) 
(4) The presiding officer may limit requests for information (RFIs) as set out 
in subsection (d) of this section. 
(b)-(c) (No change.) 
(d) Limitations on Requests for Information. 
(1) Before setting limitations on RFIs, the presiding officer shall consider the 
factors set out in subparagraphs (A)-(K) of this paragraph.
(A) The type of proceeding. 
(B) The number and complexity of the issues in the proceeding.
(C) The cost of alternative forms of discovery for the party seeking discovery. 
(D) The comprehensiveness of the information provided in the application. 
(E) Any material deficiencies in the application. 
(F) The number of issues that the party seeking discovery is expected to 
address. 
(G) The novelty of the issues in the proceeding. 
(H) The number of answers required by requests, including subparts, propounded 
in similar proceedings. 
(I) Whether the number of questions is limited in other forms of discovery. 
(J) Whether the hearing on the merits will be shortened by virtue of questions 
that are answered. 
(K) Any jurisdictional deadlines. 
(2) For purposes of calculating the number of RFIs, each answer shall be 
considered a separate request for information. 
(3) If a party is not required to answer a question, that question may not be 
included in the calculation of whether the propounding party has reached its 
limit. However, if the presiding officer determines that a party is 
intentionally propounding frivolous, irrelevant, or otherwise objectionable 
requests, the question shall be included in the calculation of a propounding 
party's limit. 
(4) To discourage duplicate RFIs, any party that does not use its entire 
allotment of RFIs directed toward another party may transfer, by written notice 
to the presiding officer, that portion of its allotment to any other party in 
the proceeding. The requirements of this paragraph do not apply to RFIs 
originating from the general counsel or directed to the general counsel. 
(5) The presiding officer may use discretion in determining whether to limit the 
number of RFIs that may be propounded upon the general counsel or the Office of 
Public Utility Counsel by another party. In making this determination, the 
presiding officer shall consider the limited resources available to each agency, 
and specifically that the general counsel is required by law to represent the 
public interest in all proceedings before the commission
(6) The presiding officer may limit or expand the number of RFIs that the 
general counsel may propound upon any other party, and shall consider that the 
general counsel is required by law to represent the public interest in all 
proceedings before the commission, and thus may require more questions than 
other parties to ensure that it adequately explores all of the issues presented 
in the case.
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 13, 1996.
TRD-9613426
Paula Mueller
Secretary of the Commission
Public Utility Commission of Texas
Effective date: October 4, 1996
Proposal publication date: June 4, 1996
For further information, please call: (512) 458-0100

TITLE 22. EXAMINING BOARDS
PART XXXIV. Texas State Board of Examiners of Professional Counselors
CHAPTER 681. Professional Counselors.
The Texas State Board of Examiners of Professional Counselors (the board) adopts 
amendments to sec.sec.681.17, 681.51, 681.52, 681.62-681.64, 681.81-681.84, 
681.92, 681.94, 681.96, 681.111, 681.122-681.125, 681.127, 681.171-681.179, 
681.192, 681.195, and 681.198 concerning the regulation of professional 
counselors. Sections 681.51, 681.52, 681.62, 681.64, 681.92, 681.94, 681.123, 
681.124, 681.173 and 681.176 are adopted with changes to the proposed text as 
published in the June 18, 1996, issue of the Texas Register (21 TexReg 5520). 
Sections 681.17, 681.63, 681.81-681.84, 681.96, 681.111, 681.122, 681.125, 
681.127, 681.171, 681.172, 681.174-681.175, 681.177-681.179, 681.192, 681.195, 
and 681.198 are adopted without changes and, therefore, will not be republished.
Specifically, the sections cover fees, required application materials, academic 
requirements, academic course content, temporary licenses, post-graduate 
experience requirements, supervisor requirements, other conditions of 
supervision, examination and procedures, license issuance, license surrender, 
license renewal, inactive status, active military duty, continuing education and 
requirements, acceptable continuing education, continuing education program 
approval, pre-approved continuing education providers, unacceptable continuing 
education, disciplinary action, complaint procedures, and informal disposition.
The amendments allow applicants to pay a one time license fee at the time of 
application; establish a fee for the extension of a temporary license; delete 
the regular license fee; allow the board to require complete application 
packets; require deficiencies be completed within 45 days; clarify that the 
board can accept official transcripts submitted by the applicant in an unopened 
envelope from the university; delete the requirements for references; add 
language to implement provisions of Texas Civil Statutes, Article 4512g, which 
become effective September 1, 1996; require applicants to be responsible for 
knowledge of academic content areas for the examination; allow staff to evaluate 
transcripts for the total number of hours rather than specific content areas; 
delete references from the requirement for a temporary license; allow for an 
extension of the temporary license upon expiration of the first temporary 
license; delete reference to graduate degrees that are not counseling or 
counseling related; clarify language concerning approved supervisors and 
supervisor requirements; clarify language relating to other conditions for 
supervised experience; clarify examination process; clarify procedures for 
applicants to follow after failing the examination; delete requirement for 
applicants to schedule and take an examination within 90 days following the date 
of failure; allow applicants to submit score report forms and license fees at 
the same time; clarify language relating to staggered renewal process; allow 
licensees to submit only new information with annual renewal; delete language 
requiring board to issue an annual renewal card; clarify language relating to 
late renewal of a license; require persons on inactive status to renew that 
status annually; establish procedures for returning to active status; establish 
an annual reporting period for continuing education; change the continuing 
education requirements from 60 clock hours in a three year reporting period to 
12 clock hours per year; allow more continuing education programs to be 
acceptable; establish a pre-approved provider program; establish an audit system 
for reporting continuing education; require licensees to maintain continuing 
education documents of attendance for two years; allow board to notify licensees 
or applicants of the opportunity to retain legal counsel prior to institution of 
formal disciplinary proceedings; and allow 15 working days for licensees to 
respond to correspondence relating to complaints. 
The sections ensure the regulation of professional counselors continues to 
identify competent practitioners while streamlining all aspects of the licensing 
activities making the overall process less cumbersome for applicants and 
licensees. The following is a summary of comments received and the board's 
responses. 
Comment: Concerning sec.681.17, one commenter expressed agreement with the 
establishment of a one-time application and licensure fee of $90. 
Response: The board agrees and no changes were made to the proposed text.
Comment: Concerning sec.681.51(a), one commenter stated opposition to the 
requirement that applicants must submit complete application packets because the 
practicum or internship supervisor who wants to include negative comments on the 
practicum form would not be comfortable in doing so. 
Response: The board disagrees because it believes that the applicant should be 
counseled by the supervisor if there is a concern on the part of the supervisor 
about the skills, knowledge or abilities of an applicant. Additionally, the 
Public Information Act ultimately provides access of the document to the 
applicant.  
Comment: Concerning sec.681.51(c), several commenters expressed agreement with 
the amendment, while several commenters were opposed to the board returning 
application packets not completed within 45 days. One commenter suggested 60 
days rather than 45. 
Response: The board disagrees because 45 days is sufficient time to make up any 
deficiencies of an incomplete packet. Deficiencies that take more than 45 days 
to fulfill indicate that the applicant was not ready to apply for licensure. 
Comment: Concerning sec.681.52(e), one commenter suggested that allowing an 
applicant to provide a copy of a transcript "in an unopened college or 
university envelope" does not assure the transcript is official. 
Response: The board agrees and has added language to clarify that all 
transcripts submitted must be official. 
Comment: Concerning sec.681.62(f), several commenters expressed opposition to 
the deletion of the requirement that applicants must make a "B" or pass in 
courses taken outside of the graduate degree program. 
Response: The board disagrees because those courses should not be treated 
differently than the coursework taken within the graduate degree plan. No change 
was made to the proposed text. 
Comment: Concerning sec.681.62(g), staff noted that subsection (g) was 
inadvertently proposed for deletion. 
Response: The board agrees and is not deleting subsection (g), (now subsection 
(f).) 
Comment: Concerning sec.681.64(a), several commenters expressed opposition to 
changes in the way the staff processes and evaluates transcripts. 
Response: The board disagrees and believes that the applicants should be 
responsible for ensuring adequate training in the content areas that are covered 
on the examination for licensure. The board will also provide notice to 
applicants of that responsibility. The board does believe, however, that the 
text of sec.681.64(a) should be clarified and has modified the language.
Comment: Concerning sec.681.123(d), several commenters opposed the deletion of 
an annual renewal card. 
Response: The board agrees and is not deleting subsection (d). 
Comment: Concerning sec.681.123(d)[(e)], one commenter suggested a three-year 
renewal cycle in line with the current continuing education reporting cycle. 
Response: The board disagrees because Texas Civil Statutes, Article 4512g (the 
LPC Act) requires the annual renewal of a license and the board does not have 
the authority to change statutory requirements. (See final sec.681.123(e).)
Comment: Concerning sec.681.173, several commenters agreed with the requirement 
of three hours of ethics as part of the continuing education requirements for 
the renewal of a license. 
Response: The board agrees and no change was made to the proposed text.
Comment: Concerning sec.681.173, several commenters favored the reduction in 
continuing education hours to 12 per year, while many persons opposed a 
reduction in continuing education hours to 12 hours and suggested 20 hours per 
year. 
Response: The board agrees with the favorable comments and disagrees with the 
opposing comments because there is not sufficient evidence that requesting a 
specific number of continuing education hours assures continuing competency. In 
addition, the board believes the reduction in hours will greatly benefit 
licensees in rural areas who currently have difficulty obtaining and maintaining 
continuing education hours due to the fact that very few programs are made 
available in rural areas. No change was made to the text of the proposed 
amendment.  
Comment: Concerning sec.681.174(a)(2)[(A)-(C)], several commenters opposed the 
deletion of specific requirements for presenters of continuing education 
programs. The current rules require presenters hold a license in a profession 
that has a master's degree as its minimum requirement. 
Response: The board disagrees because a license does not guarantee a person's 
ability to present informative and accurate information. Additionally, the 
change to the rule will allow licensees to obtain credit for attending relevant 
and poignant presentations based on an individual's life experiences (i.e. 
holocaust survivors and their families, and victims). Licensees currently are 
unable to receive continuing education credit for these types of presentations. 
Subparagraphs (A)-(C) have been deleted as proposed. 
Comment: Concerning sec.681.176, many commenters expressed agreement with the 
establishment of a pre-approved provider program. Many commenters also expressed 
opposition to the proposed amendments relating to the establishment of a pre-
approved provider program. 
Response: The board disagrees with the opposing comments because the pre-
approved provider program will allow providers of continuing education to be 
approved annually to provide programs rather than requiring approval of 
individual programs. 
Comment: Concerning sec.681.178, several commenters agreed with the reporting of 
continuing education through a random audit system. Several commenters opposed 
the reporting of continuing education through a random audit system.  
Response: The board disagrees with the opposing viewpoint and believes that 
licensees will benefit by the audit system because it will result in a faster 
response time from the board for the renewal of licenses. No changes were made 
to the proposed text. 
Editorial changes were made to sec.sec.681.51, 681.92, 681.94, 681.124, 681.173, 
and 681.176 for correction purposes. 
Comments were received from Texas Counseling Association, Texas Mental Health 
Counselors Association, and the San Antonio Mental Health Counselors political 
action group. The commenters were generally in favor of the sections as amended; 
however, they expressed concerns regarding some of the changes as previously 
described. 

SUBCHAPTER A. The Board
22 TAC 681.17
The amendment is adopted under the Licensed Professional Counselor Act, Texas 
Civil Statutes, Article 4512g, sec.6, which provide the Texas State Board of 
Examiners of Professional Counselors with the authority to adopt and revise 
rules that are necessary to administer the Licensed Professional Counselor Act; 
sec.14(f) relating to rules concerning continuing education; sec.14(p) relating 
to rules concerning temporary licenses; and sec.19(b) relating to rules on fees.
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 11, 1996.
TRD-9613343
Tony Picchioni, Ph.D
Chair
Texas State Board of Examiners of Professional Counselors
Effective date: October 2, 1996
Proposal publication date: June 18, 1996
For further information, please call: (512) 458-7236

SUBCHAPTER D. Application Procedures
22 TAC sec.sec.681.51, 681.52
The amendments are adopted under the Licensed Professional Counselor Act, Texas 
Civil Statutes, Article 4512g, sec.6, which provide the Texas State Board of 
Examiners of Professional Counselors with the authority to adopt and revise 
rules that are necessary to administer the Licensed Professional Counselor Act; 
sec.14(f) relating to rules concerning continuing education; sec.14(p) relating 
to rules concerning temporary licenses; and sec.19(b) relating to rules on fees.

sec.681.51.General.
(a) An applicant must submit a complete application packet and fee to the board. 
Complete applications packets will consist of the required application materials 
described in sec.681.52 of this title (relating to Required Application 
Materials). 
(b) Incomplete application packets received by the board will be returned to the 
applicant without review. Fees associated with the application process are not 
refundable. Applicants may resubmit a complete application packet without 
additional fee within 45 days of the date of notice of non-acceptance of the 
original application. 
(c) Applicants submitting complete application packets, but which contain 
incomplete or unacceptable information will be notified of the specific 
deficiency in writing. A copy of each unacceptable document will be returned 
with this notice. Applicants will have 45 days from the date of the notice to 
resubmit corrected or replacement documents. Applications not corrected or 
completed within 45 days of notice of deficiencies will be void and application 
materials will be returned to the applicant. Fees associated with the 
application process are not refundable. 
(d) After an application is voided, an applicant will be required to submit a 
new application and all required materials in addition to paying a new 
application fee.

sec.681.52.Required Application Materials.
(a)-(d)  (No change.) 
(e) Graduate transcripts. An applicant must have the official transcript(s) 
showing all relevant graduate work sent directly to the board from the school(s) 
where the applicant obtained the course work or an official transcript may be 
attached to the application in an sealed envelope from the college or 
university. 
(f) Provisional license based on endorsement. Applicants for a provisional 
license based on endorsement must submit: 
(1) a general application form as set out in subsection (a) of this section and 
the provisional license fee; 
(2) official documentation of licensure in another state or territory; 
(3) official documentation that the applicant has passed a national examination 
relating to counseling or art therapy or an exam offered by another state or 
territory for licensure as a counselor or art therapist; and 
(4) a letter of sponsorship from a person who holds a regular license in Texas 
to practice counseling. 
(g) Art therapy specialty designation. 
(1) An applicant for a temporary or regular license with an art therapy 
specialty designation must submit evidence of the successful completion of the 
Certification Examination in Art Therapy of the Art Therapy Credentials Board. 
(2) An applicant for a temporary license with an art therapy specialty 
designation must submit: 
(A) proof of current registration with the American Art Therapy Association; and 
(B) proof that the applicant limits his or her scope of practice to art therapy 
at the time of application. 
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 11, 1996.
TRD-9613344
Tony Piccioni, Ph.D.
Chair
Texas State Board of Examiners of Professional Counselors
Effective date: October 2, 1996
Proposal publication date: June 18, 1996
For further information, please call: (512) 458-7236

SUBCHAPTER E. Academic Requirements for Examination and Licensure 
22 TAC sec.sec.681.62-681.64
The amendments are adopted under the Licensed Professional Counselor Act, Texas 
Civil Statutes, Article 4512g, sec.6, which provide the Texas State Board of 
Examiners of Professional Counselors with the authority to adopt and revise 
rules that are necessary to administer the Licensed Professional Counselor Act; 
sec.14(f) relating to rules concerning continuing education; sec.14(p) relating 
to rules concerning temporary licenses; and sec.19(b) relating to rules on fees.

sec.681.62.General.
(a)-(e) (No change.)
(f) In evaluating transcripts, the board shall consider a quarter hour of 
academic credit as two thirds of a semester hour.

sec.681.64. Academic Course Content.
(a) An applicant is responsible for obtaining academic coursework in and 
demonstrating competency in the following specific areas through successful 
completion of the examination once the 2000 hour supervised experience 
requirement has been met: 
(1) normal human growth and development - the process and stages of human 
intellectual, physical, social, and emotional development from prenatal origins 
through old age; 
(2) abnormal human behavior - the principles of understanding dysfunction in 
human behavior or social disorganization; 
(3) appraisal or assessment techniques -the principles, concepts, and procedures 
of systematic appraisal or assessment of an individual's attitudes, aptitudes, 
achievements, interests, and personal characteristics, which may include the use 
of both non-testing approaches and test instruments;
(4) counseling theories - the major theories of professional counseling; 
(5) counseling methods or techniques - the methods or techniques used to provide 
counseling treatment intervention including: 
(A) counseling individuals; and 
(B) the theory and types of groups, including dynamics and the methods of 
practice with groups; 
(6) research - the methods of research which may include the study of statistics 
or a thesis project in an area relevant to the practice of professional 
counseling; 
(7) life style and career development - the theories of vocational choice, 
career choice and life style, sources of occupational and educational 
information, and career decision-making processes; 
(8) social, cultural, and family issues - the studies of change, ethnic groups, 
gender studies, family systems, urban and rural societies, population patterns, 
cultural patterns, and differing life styles; and 
(9) professional orientation - the objectives of professional organizations, 
codes of ethics, legal aspects of practice, standards of preparation, and the 
role identity of persons providing direct counseling treatment intervention.
(b) The remaining courses needed to meet the 48 graduate-hour requirement shall 
be in areas directly supporting the development of an applicant's professional 
counseling skills such as practicum or internship credit and other courses 
related primarily to professional counseling. 
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 11, 1996.
TRD-9613345
Tony Picchioni, Ph.D.
Chair
Texas State Board of Examiners of Professional Counselors
Effective date: October 2, 1996
Proposal publication date: June 18, 1996
For further information, please call: (512) 458-7236

SUBCHAPTER F. Experience Requirements for Examination and Licensure 
22 TAC sec.sec.681.81-681.84
The amendments are adopted under the Licensed Professional Counselor Act, Texas 
Civil Statutes, Article 4512g, sec.6, which provide the Texas State Board of 
Examiners of Professional Counselors with the authority to adopt and revise 
rules that are necessary to administer the Licensed Professional Counselor Act; 
sec.14(f) relating to rules concerning continuing education; sec.14(p) relating 
to rules concerning temporary licenses; and sec.19(b) relating to rules on fees.
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 11, 1996.
TRD-9613346
Tony Picchioni, Ph.D.
Chair
Texas State Board of Examiners of Professional Counselors
Effective date: October 2, 1996
Proposal publication date: June 18, 1996
For further information, please call: (512) 458-7236

SUBCHAPTER G. Licensure Examinations
22 TAC sec.sec.681.92, 681.94, 681.96
The amendments are adopted under the Licensed Professional Counselor Act, Texas 
Civil Statutes, Article 4512g, sec.6, which provide the Texas State Board of 
Examiners of Professional Counselors with the authority to adopt and revise 
rules that are necessary to administer the Licensed Professional Counselor Act; 
sec.14(f) relating to rules concerning continuing education; sec.14(p) relating 
to rules concerning temporary licenses; and sec.19(b) relating to rules on fees.

sec.681.92. Applying for Licensure Examination.
(a) LPC interns must submit the following: 
(1) an application for examination; and 
(2) a supervised experience documentation form documenting successful completion 
of 2000 hours of supervised experience in accordance with sec.681.52(c) of this 
title (relating to Required Application Materials).
(b) Applicants for a regular license that do not hold a temporary license must 
apply for licensure in accordance with sec.681.51 of this title (relating to 
Application Procedures) and sec.681.52 of this title (relating to Required 
Application Materials). 
(c) The Texas State Board of Examiners of Professional Counselors (board) shall 
provide written notification to applicants whose application for examination has 
been approved.

sec.681.94. Failures.
(a) An applicant who fails the licensure examination may schedule a second 
examination by submitting a copy of a failing score report and a written request 
for the second examination.
(b) (No change.)
(c) An applicant who fails any two successive examinations may not apply for a 
regular license until two years have elapsed from the date of the last 
examination or until the applicant has completed nine graduate semester-hours in 
the applicant's weakest portions of the examination. An application must be 
submitted in accordance with sec.681.51 of this title (relating to General) and 
sec.681.52 of this title (relating to Required Application Materials). 
(d) (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 September 11, 1996.
TRD-9613347
Tony Picchioni, Ph.D.
Chair
Texas State Board of Examiners of Professional Counselors
Effective date: October 2, 1996
Proposal publication date: June 18, 1996
For further information, please call: (512) 458-7236

SUBCHAPTER H. Licensing
22 TAC sec.681.111
The amendment is adopted under the Licensed Professional Counselor Act, Texas 
Civil Statutes, Article 4512g, sec.6, which provide the Texas State Board of 
Examiners of Professional Counselors with the authority to adopt and revise 
rules that are necessary to administer the Licensed Professional Counselor Act; 
sec.14(f) relating to rules concerning continuing education; sec.14(p) relating 
to rules concerning temporary licenses; and sec.19(b) relating to rules on fees.
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 11, 1996.
TRD-9613348
Tony Picchioni, Ph.D.
Chair
Texas State Board of Examiners of Professional Counselors
Effective date: October 2, 1996
Proposal publication date: June 18, 1996
For further information, please call: (512)458-7236

SUBCHAPTER I. Regular License Renewal and Inactive and Retirement Status
22 TAC sec.sec.681.122-681.125, 681.127
The amendments are adopted under the Licensed Professional Counselor Act, Texas 
Civil Statutes, Article 4512g, sec.6, which provide the Texas State Board of 
Examiners of Professional Counselors with the authority to adopt and revise 
rules that are necessary to administer the Licensed Professional Counselor Act; 
sec.14(f) relating to rules concerning continuing education; sec.14(p) relating 
to rules concerning temporary licenses; and sec.19(b) relating to rules on fees.

sec.681.122.Staggered Renewals.
The Texas State Board of Examiners of Professional Counselors (board) shall use 
a staggered system for license renewals. The renewal date of a license shall be 
the last day of the licensee's birth month. If the birth month occurs less than 
120 days form the date the license is issued, the expiration date shall be the 
time period less the 120 days plus one year. 

sec.681.123. License Renewal.
(a) (No change.) 
(b) Notice of license renewal shall be furnished to licensees eligible for 
renewal. The notice shall require the licensee to notify the board of any 
changes to information necessary to keep records current. 
(c) The board shall not renew a license until it receives the renewal fee and 
the board form for reporting applicable continuing education requirements. 
(d) The board shall issue a renewal card to a licensee who has met all 
requirements for renewal. The licensee must display the renewal card in 
association with the license. 
(e) The license of a person who made a timely and sufficient request for renewal 
of his or her license does not expire until the application for renewal is 
finally determined by the board, or in case the application is denied or the 
terms of the new license limited, until the last day for seeking review of the 
board's order or a later date fixed by order of a reviewing court. 
(f) The board shall deny the renewal of a license if the licensee is a party to 
a formal disciplinary action. A formal action commences when the notice 
described in sec.681.192(c) of this title (relating to Disciplinary Action; 
Notices) is mailed by the board. 
(1)- (2) (No change.)

sec.681.124. Late Renewal.
(a)-(c) (No change.) 
(d) A person whose license was not renewed on or within 90 days of the 
expiration date may renew within one year of the expiration date by paying the 
appropriate renewal fee plus the license renewal penalty fee. Payment may be in 
the form of a certified check or money order. 
(e) If a person did not have the required continuing education at the time of 
expiration of the license, the person must file evidence of completion of the 
required continuing education before the license can be renewed. 
(1) A license is considered expired until all requirements for renewal are met. 
(2) Evidence of continuing education shall be the completed continuing education 
form and other documentation required by the board.
(3) The time period from expiration of the license until renewal of the license 
shall be subtracted from the next one-year continuing-education reporting 
period. 
(f) On or after one year from the expiration date, a person may no longer 
reinstate the license and must reapply by submitting a new application, paying 
the required fees, and meeting the current requirements for license including 
passing the licensure examination. 

sec.681.125. Inactive Status 
(a) A licensee may place his or her license on inactive status for one year by 
submitting a written request prior to the expiration of the license along with 
the inactive fee. Inactive status periods shall not be granted to persons whose 
licenses are not current and in good standing. The licensee must renew the 
inactive status annually. 
(b) (No change.) 
(c) A person may not act as a counselor, represent himself or herself as a 
counselor, or provide counseling treatment intervention during the inactive 
status period. 
(d)-(e) (No change.) 
(f) A person must notify the board in writing to return to active status. Active 
status shall begin on the first day of the month following payment of applicable 
fees. 
(g) The person's next continuing education cycle will begin upon return to 
active status and end on the last day of the person's birth month. 
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 11, 1996.
TRD-9613349
Tony Picchioni, Ph.D.
Chair
Texas State Board of Examiners of Professional Counselors
Effective date: October 2, 1996
Proposal publication date: June 18, 1996
For further information, please call: (512) 458-7236

SUBCHAPTER K.Continuing Education Requirements
22 TAC sec.sec.681.171-681.179
The amendments are adopted under the Licensed Professional Counselor Act, Texas 
Civil Statutes, Article 4512g, sec.6, which provide the Texas State Board of 
Examiners of Professional Counselors with the authority to adopt and revise 
rules that are necessary to administer the Licensed Professional Counselor Act; 
sec.14(f) relating to rules concerning continuing education; sec.14(p) relating 
to rules concerning temporary licenses; and sec.19(b) relating to rules on fees.

sec.681.173. Hour Requirements for Continuing Education. 
A licensee must complete 12 clock-hours of continuing education acceptable to 
the Texas State Board of Examiners of Professional Counselors (board) during 
each 12 month period as described in sec.681.172 of this title (relating to 
Deadlines). At least three hours of the 12 hours must be directly related to 
counselor ethics or legal issues. 
(1)-(2) (No change.)

sec.681.176. Pre-Approved Providers.
(a) Continuing education providers may apply for provider pre-approval to 
provide continuing education on forms provided by the board. Board approval of 
provider applications will be determined by review of the application and 
determination of applicants' ability to comply with board rules. Board pre-
approvals are effective for twelve months from the date of board approval. New 
applications must be submitted to the board annually. 
(1) Pre-approved providers of continuing education must comply with board 
requirements as set out in sec.681.174 of this title (relating to Types of 
Acceptable Continuing Education) and sec.681.177 of this title (relating to 
Determination of Clock-hour Credits). 
(2) Pre-approved providers of continuing education must maintain records of all 
continuing education activities for a period of five years including: 
(A) resumes of all presenters; 
(B) complete course descriptions and objectives; 
(C) teaching methods employed; 
(D) attendance sheets for each course; 
(E) sample certificates of attendance; and 
(F) evaluation documents from each participant for the specific experience. 
(3) Failure to comply with board record keeping requirements or failure to 
comply with requirements of instructor or course qualifications is a violation 
of board rules and may result in termination of approval status or denial of 
renewal of pre-approved provider agreement. No documentation of continuing 
education is to be submitted to the board without written request.
(4) Pre-approved providers are subject to audit of all continuing education 
records upon written request by the board. Upon receipt of written notice of 
audit the provider will submit all requested records of continuing education to 
the board within ten working days. Failure to provide documentation as requested 
or submission of fraudulent documents will be a violation of board rules and may 
result in termination of approval status. 
(5) Upon receipt and audit of documents submitted by the provider, the board 
will notify the provider of the results of the audit. The board may inform the 
provider of any corrective action deemed necessary to ensure future compliance 
with board rules, termination of current approval or deny future applications 
based on a finding of non-compliance with this chapter. 
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 11, 1996.
TRD-9613350
Tony Picchioni, Ph.D.
Chair
Texas State Board of Examiners of Professional Counselors
Effective date: October 2, 1996
Proposal publication date: June 18, 1996
For further information, please call: (512) 458-7236

SUBCHAPTER L. Complaint and Violations
22 TAC sec.sec.681.192, 681.195, 681.198
The amendments are adopted under the Licensed Professional Counselor Act, Texas 
Civil Statutes, Article 4512g, sec.6, which provide the Texas State Board of 
Examiners of Professional Counselors with the authority to adopt and revise 
rules that are necessary to administer the Licensed Professional Counselor Act; 
sec.14(f) relating to rules concerning continuing education; sec.14(p) relating 
to rules concerning temporary licenses; and sec.19(b) relating to rules on fees.
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 11, 1996.
TRD-9613351
Tony Picchioni, Ph.D.
Chair
Texas State Board of Examiners of Professional Counselors
Effective date: October 2, 1996
Proposal publication date: June 18, 1996
For further information, please call: (512) 458-7236

TITLE 31. NATURAL RESOURCES AND CONSERVATION
PART I. General Land Office
CHAPTER 15.Coastal Area Planning
SUBCHAPTER A.Management of the Beach/Dune System
31 TAC sec.15.11
The General Land Office adopts an amendment to sec.15.11, concerning 
certification of local government dune protection and beach access plans 
(plans), without changes to the proposed text as published in the June 18, 1996, 
issue of the Texas Register (21 TexReg 5549). This amendment certifies that the 
Nueces County La Concha master plan is consistent with state law and organizes 
the General Land Office certifications of local government plans in sec.15.11. 
On March 20, 1996, the Nueces County commissioners court adopted by order the La 
Concha master plan, which is an amendment to the county's plan. In the amendment 
to sec.15.11(f), the General Land Office certifies that the dune protection 
portion of the La Concha master plan is consistent with state law. For 
organizational purposes only, the certification is contained in sec.15.11(f) 
with the interim certification of the Nueces County plan. 
The General Land Office has revised the composition of Chapter 15 in the 
amendment to sec.15.11(f) and simultaneously repealed sec.sec.15.70-15.79 to 
organize all certifications in sec.15.11. The reorganization has no substantive 
effect on Nueces County, other local governments, or citizens. 
The General Land Office has prepared a takings impact assessment (TIA) for the 
adoption of this amendment. The General Land Office has determined that adoption 
of this amendment will not result in a taking of private real property. To 
receive a copy of the TIA, please send a written request to Cheli Cook, General 
Land Office, Legal Services Division, 1700 North Congress Avenue, Room 630, 
Austin, Texas 78701-1495, facsimile number (512) 463-6311.
No comments were received regarding the proposed amendment. 
The amendment is adopted under the Texas Natural Resources Code, sec.sec.63.121, 
61.011, and 61.015(b), which provides the General Land Office with the authority 
to: identify and protect critical dune areas; preserve and enhance the public's 
right to use and have access to and from Texas' public beaches; protect the 
public easement from erosion or reduction caused by development or other 
activities on adjacent land; and other minimum measures needed to mitigate for 
any adverse effect on public access and dune areas. The amendment is also 
adopted pursuant to the Texas Natural Resources Code, sec.33.601, which provides 
the General Land Office with the authority to adopt rules on erosion, and the 
Texas Water Code, sec.16.321, which provides the General Land Office with the 
authority to adopt rules on coastal flood protection.  
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 16, 1996.
TRD-9613525
Garry Mauro
Commissioner
General Land Office
Effective date: October 7, 1996
Proposal publication date: June 18, 1996
For further information, please call: (512) 305-9129

SUBCHAPTER E.Interim Approval of Local Government Dune Protection and Beach 
Access Plans
31 TAC sec.sec.15.70-15.71
The Texas General Land Office adopts the repeal of sec.sec.15.70-15.79, 
concerning the interim approval of local government dune protection and beach 
access plans (plans), without changes to the proposed text as published in the 
June 18, 1996, issue of the Texas Register (21 TexReg 5550). The General Land 
Office's interim approval process was developed at the request of two 
jurisdictions, Nueces and Cameron counties, who desired authorization to develop 
and begin implementation of their local programs for dune protection and public 
beach use and access prior to the General Land Office's final adoption of the 
statewide Rules for Management of the Beach/Dune System (31 TAC sec.sec.15.1-
15.10). A separate rule for interim approval of these two local plans is no 
longer needed. Cameron County has revised its beach/dune plan; that plan is now 
certified in sec.15.11(a)(11). Nueces County has revised its plan as well, and 
the county is working with the General Land Office to receive certification of 
the revised plan in sec.15.11. The General Land Office is ensuring that the 
Nueces County interim approval will not lapse by virtue of this repeal by 
simultaneously amending sec.15.11(f), which will now provide that the interim 
certification of the Nueces County plan, adopted by order of the Nueces County 
Commissioners Court on March 25, 1992, remains in effect and is not affected by 
the repeal. 
The General Land Office has prepared a takings impact assessment (TIA) for the 
adoption of this amendment. The General Land Office has determined that adoption 
of this amendment will not result in a taking of private real property. To 
receive a copy of the TIA, please send a written request to Cheli Cook, General 
Land Office, Legal Services Division, 1700 North Congress Avenue, Room 630, 
Austin, Texas 78701-1495, facsimile number (512) 463-6311. 
No comments were received regarding adoption of the repeal. 
The repeal is adopted pursuant to the Texas Natural Resources Code, 
sec.sec.63.121, 61.011, and 61.015(b), which provides the General Land Office 
with the authority to: identify and protect critical dune areas; preserve and 
enhance the public's right to use and have access to and from Texas' public 
beaches; protect the public easement from erosion or reduction caused by 
development or other activities on adjacent land; and other minimum measures 
needed to mitigate for any adverse effect on public access and dune areas. The 
repeal is also adopted pursuant to the Texas Natural Resources Code, sec.33.601, 
which provides the General Land Office with the authority to adopt rules on 
erosion, and the Texas Water Code, sec.16.321, which provides the General Land 
Office with the authority to adopt rules on coastal flood protection. 
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 16, 1996.
TRD-9613528
Garry Mauro
Commissioner
General Land Office
Effective date: October 7, 1996
Proposal publication date: June 18, 1996
For further information, please call: (512) 305-9129

TITLE 31. NATURAL RESOURCES AND CONSERVATION
PART II. Texas Parks and Wildlife Department
CHAPTER 51.Executive
Use of Uninscribed Vehicles
31 TAC sec.51.151
The Texas Parks and Wildlife Commission, in a regularly scheduled public hearing 
held August 29, 1996, adopts new sec.51.151, concerning the Use of Uninscribed 
Vehicles, without changes to the proposed text as published in the June 25, 
1996, issue of the Texas Register (21 TexReg 5843). 
The adopted new rule represents a recodification of rules in 31 TAC, Chapter 63, 
sec.sec.63.11-63.12, into 31 TAC Chapter 51 in accordance with the Parks and 
Wildlife Commission regulations sunset process. 
New sec.51.151 authorizes the Executive Director to allow use of uninscribed 
vehicles by TPWD headquarters staff or law enforcement officers. The vehicles 
are proposed to be used primarily in law enforcement activities and shall be 
other than those used for routine activities. The repeal removes redundant 
sections from the Texas Administrative Code. 
The department received no public comment concerning proposed new sections. The 
new rule is adopted under Texas Transportation Code, sec.721.003, which provides 
the Parks and Wildlife Commission with authority to allow use of uninscribed 
vehicles. 
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 September 11, 1996.
TRD-9613355
William D. Harvey, Ph.D.
Regulatory Coordinator
Texas Parks and Wildlife Department
Effective date: October 3, 1996
Proposal publication date: June 25, 1996
For further information, please call: 1 (800) 792-1112 Ext. 4642 or (512) 389-
4642

CHAPTER 55.Law Enforcement
SUBCHAPTER J.Mandatory Hunter Education Program
31 TAC sec.sec.55.603, 55.605, 55.607, 55.609
The Texas Parks and Wildlife Commission, in a regularly scheduled public hearing 
held August 29, 1996, adopts new sec.sec.55.603, 55.605, 55.607 and 55.609, 
concerning Mandatory Hunter Education Program, without changes to the proposed 
text as published in the June 25, 1996, issue of the Texas Register (21 TexReg 
5845). Proposed sec.55.601, concerning Definitions, was not adopted by the 
Commission. Further review of the proposal found that this section was not 
necessary. The new rules represent simplification, clarification reduction of 
regulations concerning required hunter education.
Parks and Wildlife Code Chapter 62, Subchapter A, provides authority to the 
Parks and Wildlife Commission for establishing a Hunter Education Program. 
Adoption of these new rules represents a recodification and simplification of 
current rules which implement the Hunter Education Program. 
The department received no public comment concerning the proposed new sections. 
The new sections are adopted under Parks and Wildlife Code, sec.62.014 which 
provides the commission authority to administer and establish a statewide hunter 
education 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 September 11, 1996.
TRD-9613356
William D. Harvey, Ph.D.
Regulatory Coordinator
Texas Parks and Wildlife Department
Effective date: October 3, 1996
Proposal publication date: June 25, 1996
For further information, please call: 1 (800) 792-1112 Ext. 4642 or (512) 389-
4642

CHAPTER 57.Fisheries
Issuance of Oyster Transplant and Harvest Permits
31 TAC sec.sec.57.231-57.233
The Texas Parks and Wildlife Commission, in a regularly scheduled public hearing 
held August 29, 1996, adopts the repeals of sec.sec.57.231-57.233, concerning 
Issuance of Oyster Transplant and Harvest Permits, without changes to the 
proposed text as published in the July 26, 1996, issue of the Texas Register (21 
TexReg 6991). 
The repeals represent part of the recodification and simplification of rules 
concerning oysters as part of the Parks and Wildlife Commission regulations 
sunset process. Regulations concerning oysters are recodified in new 31 TAC, 
Chapter 58. 
The repeals remove redundant sections from the Texas Administrative Code. The 
department received no public comment concerning the proposed repeal of the 
sections. 
The repeals are adopted under authority of Parks and Wildlife Code, Chapter 76, 
Oysters, sec.sec.76.301-76.302, which provides the Commission with authority to 
establish oyster regulations for this state.
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 September 11, 1996.
TRD-9613357
William D. Harvey, Ph.D.
Regulatory Coordinator
Texas Parks and Wildlife Department
Effective date: October 3, 1996
Proposal publication date: July 26, 1996
For further information, please call: 1 (800) 792-1112 Ext. 4642 or (512) 389-
4642

Issuance of Oyster Leases
31 TAC sec.sec.57.241-57.242, 57.245
The Texas Parks and Wildlife Commission, in a regularly scheduled public hearing 
held August 29, 1996, adopts the repeals of sec.sec.57.241-57.242, and 57.245, 
concerning Issuance of Oyster Leases, without changes to the proposed text as 
published in the July 26, 1996, issue of the Texas Register (21 TexReg 6991). 
The repeals represent part of the recodification and simplification of rules 
concerning oysters as part of the Parks and Wildlife Commission regulations 
sunset process. Regulations concerning oysters are recodified in new 31 TAC, 
Chapter 58. 
The repeals remove redundant sections from the Texas Administrative Code. The 
department received no public comment concerning the proposed repeal of the 
sections.
The repeals are adopted under authority of Parks and Wildlife Code, Chapter 76, 
Oysters, sec.sec.76.301-76.302, which provides the Commission with authority to 
establish oyster regulations for this state.
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 September 11, 1996.
TRD-9613358
William D. Harvey, Ph.D.
Regulatory Coordinator
Texas Parks and Wildlife Department
Effective date: October 3, 1996
Proposal publication date: July 26, 1996
For further information, please call: 1 (800) 792-1112 Ext. 4642 or (512) 389-
4642

Collection of Broodfish from Texas Waters
31 TAC sec.sec.57.391-57.402
The Texas Parks and Wildlife Commission, in a regularly scheduled public hearing 
held August 29, 1996, adopts the repeals of sec.sec.57.391-57.402 and new 
sec.sec.57.391-57.396 and sec.sec.57.398-57.401, concerning collection of 
broodfish from public waters, without changes to the proposed text as published 
in the July 26, 1996, issue of the Texas Register (21 TexReg 6992). Proposed 
sec.57.397 was adopted with change. Proposed sec.57.397(b) was not adopted by 
the Commission as this paragraph was deemed redundant.
The adopted repeals and new rules are necessary to protect aquatic life in the 
public waters of Texas. 
The adopted repeals and new rules provide criteria for taking of broodfish from 
the public waters of Texas for use in aquaculture activities. 
The department received no public comment concerning the proposed repeals and 
new sections. 
The repeals are adopted under Parks and Wildlife Code, Chapter 43, Subchapter P, 
which gives the commission authority to regulate the collection of broodfish 
from public waters. 
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 September 11, 1996.
TRD-9613361
William D. Harvey, Ph.D.
Regulatory Coordinator
Texas Parks and Wildlife Department
Effective date: October 3, 1996
Proposal publication date: July 26, 1996
For further information, please call: 1 (800) 792-1112 Ext. 4642 or (512) 389-
4642

31 TAC sec.sec.57.391-57.401
The new rules are adopted under Parks and Wildlife Code, Chapter 43, Subchapter 
P, which gives the commission authority to regulate the collection of broodfish 
from public waters. 

sec.57.397.Broodfish Permit; Revocation.
The director may revoke a broodfish permit upon finding that a permittee or his 
agent: 
(1) does not hold a valid aquaculture (fish farming) license issued by the Texas 
Department of Agriculture; 
(2) does not hold a valid sportfishing license while collecting in all public 
waters of this state in addition to a saltwater stamp in public salt water; 
(3) has violated any provision of that broodfish permit;
(4) fails to report, as required in sec.57.401 of this title (relating to 
Reports), the number and sizes of broodfish collected;
(5) provides false information in a broodfish report; or 
(6) fails to remit to the department within 30 days of broodfish collection all 
restitution fees assessed to the permittee for recovery of the value of 
broodfish collected. 
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 September 11, 1996.
TRD-9613362
William D. Harvey, Ph.D.
Regulatory Coordinator
Texas Parks and Wildlife Department
Effective date: October 3, 1996
Proposal publication date: July 26, 1996
For further information, please call: 1 (800) 792-1112 Ext. 4642 or (512) 389-
4642

Texas Oyster Management Plan ad Economic Impact Analysis
31 TAC sec.57.601
The Texas Parks and Wildlife Commission, in a regularly scheduled public hearing 
held August 29, 1996, adopts the repeal to sec.57.601, concerning Fishery 
Management Plan for Oysters in Texas and Economic Impact Analysis, without 
changes to the proposed text as published in the July 26, 1996, issue of the 
Texas Register (21 TexReg 6994).
The repeals represent part of the recodification and simplification of rules 
concerning oysters as part of the Parks and Wildlife Commission regulations 
sunset process. Regulations concerning oysters are recodified in new 31 TAC, 
Chapter 58. 
The repeals remove redundant sections from the Texas Administrative Code. The 
department received no public comment concerning the proposed repeal of the 
section.
The repeal is adopted under authority of Parks and Wildlife Code, Chapter 76, 
Oysters, sec.sec.76.301-76.302, which provides the Commission with authority to 
establish oyster regulations for this state. 
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 September 11, 1996.
TRD-9613363
William D. Harvey, Ph.D.
Regulatory Coordinator
Texas Parks and Wildlife Department
Effective date: October 3, 1996
Proposal publication date: July 26, 1996
For further information, please call: 1 (800) 792-1112 Ext. 4642 or (512) 389-
4642

Oyster Harvest
31 TAC sec.sec.57.610-57.611
The Texas Parks and Wildlife Commission, in a regularly scheduled public hearing 
held August 29, 1996, adopts the repeals to sec.sec.57.610-57.611, concerning 
Oyster Harvest, without changes to the proposed text as published in the July 
26, 1996, issue of the Texas Register (21 TexReg 6994). 
The repeals represent part of the recodification and simplification of rules 
concerning oysters as part of the Parks and Wildlife Commission regulations 
sunset process. Regulations concerning oysters are recodified in new 31 TAC, 
Chapter 58. 
The repeals remove redundant sections from the Texas Administrative Code. The 
department received no public comment concerning the proposed repeal of the 
sections. 
The repeals are adopted under authority of Parks and Wildlife Code, Chapter 76, 
Oysters, sec.sec.76.301-76.302, which provides the Commission with authority to 
establish oyster regulations for this state.
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 September 11, 1996.
TRD-9613364
William D. Harvey, Ph.D.
Regulatory Coordinator
Texas Parks and Wildlife Department
Effective date: October 3, 1996
Proposal publication date: July 26, 1996
For further information, please call: 1 (800) 792-1112 Ext. 4642 or (512) 389-
4642

Texas Shrimp Fishery Management Plan Economic Impact Analysis
31 TAC sec.57.651
The Texas Parks and Wildlife Commission, in a regularly scheduled public hearing 
held August 29, 1996, adopts the repeal to sec.57.651, concerning Texas Shrimp 
Fishery Management Plan and Economic Impact Analysis, without changes to the 
proposed text as published in the July 26, 1996, issue of the Texas Register (21 
TexReg 6995). 
The repeals represent part of the recodification and simplification of rules 
concerning shrimp as part of the Parks and Wildlife Commission regulations 
sunset process. Regulations concerning shrimp are recodified in new 31 TAC 
Chapter 58. 
The repeals remove redundant sections from the Texas Administrative Code. The 
department received no public comment concerning the proposed repeal of the 
section. 
The repeal is adopted under authority of Parks and Wildlife Code, sec.77.007, 
which provides the Commission with authority to establish shrimp regulations for 
this state. 
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 September 11, 1996.
TRD-9613365
William D. Harvey, Ph.D.
Regulatory Coordinator
Texas Parks and Wildlife Department
Effective date: October 3, 1996
Proposal publication date: July 26, 1996
For further information, please call: 1 (800) 792-1112 Ext. 4642 or (512) 389-
4642

Shrimp
31 TAC sec.sec.57.660-57.662
The Texas Parks and Wildlife Commission, in a regularly scheduled public hearing 
held August 29, 1996, adopts the repeals to sec.sec.57.660-57.662, concerning 
Shrimp, without changes to the proposed text as published in the July 26, 1996, 
issue of the Texas Register (21 TexReg 6995).
The repeals represent part of the recodification and simplification of rules 
concerning shrimp as part of the Parks and Wildlife Commission regulations 
sunset process. Regulations concerning shrimp are recodified in new 31 TAC 
Chapter 58. 
The repeals remove redundant sections from the Texas Administrative Code. The 
department received no public comment concerning the proposed repeal of these 
sections.
The repeals are adopted under authority of Parks and Wildlife Code, Chapter 77, 
Shrimp, sec.sec.77.061-77.072, which provides the Commission with authority to 
establish shrimp regulations for this state. 
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 September 11, 1996.
TRD-9613366
William D. Harvey, Ph.D.
Regulatory Coordinator
Texas Parks and Wildlife Department
Effective date: October 3, 1996
Proposal publication date: July 26, 1996
For further information, please call: 1 (800) 792-1112 Ext. 4642 or (512) 389-
4642

CHAPTER 58.Oysters and Shrimp
SUBCHAPTER A.State Oyster Fishery Proclamation
31 TAC sec.sec.58.10-58.12, 58.21-58.24, 58.30, 58.40, 58.50, 58.60 
The Texas Parks and Wildlife Commission in a regularly scheduled public hearing 
August 29, 1996, adopts new sec.sec.58.10-58.12, 58.21-58.24, 58.30, 58.40, 
58.50 and 58.60, concerning Statewide Oyster Fishery Proclamation. Sections 
58.10, 58.12, 58.24, 58.40, 58.50 and 58.60 are adopted without changes to the 
proposed text as published in the July 26, 1996, issue of the Texas Register (21 
TexReg 6996). Sections 58.11, 58.21, 58.22, 58.23 and 58.30 are adopted with 
changes to the proposed text as published. The adopted changes resulted from 
public comments received by the Department. 
Amendments in sec.58.11 in the definition of "Conditionally approved area, "the 
term "closed" is replaced with the term "restricted" to be consistent with Texas 
Department of Health terminology for Conditionally approved areas; in 
sec.58.21(b) paragraphs sec.58.21(b)(2)-(4) are reordered to clarify rules, and 
paragraph sec.58.21(b)(2) is reworded to clarify the intent that  oysters 
between 3/4 inch and three inches must be returned to the reef; sec.58.22(a)(4) 
is added to allow multiple dredges on board a commercial oyster boat during 
public oyster season, but requires they be secured in such a manner as not to be 
readily accessible for use; sec.58.23(a)(3) is added to allow multiple dredges 
on board a non-commercial oyster boat during public oyster season, but requires 
they be secured in such a manner as not to be readily accessible for use; in 
sec.58.30(a)(1) and sec.58.30(a)(4) were deleted since these provisions fall 
solely under legislative authority, and section is renumbered accordingly; in 
sec.58.30(d)(1)(B)-(C) and sec.58.30(d)(3), the requirement that all lease 
marker buoys be identified by GPS coordinates is replaced with the requirement 
that all lease marker buoys be identified by Loran coordinates;  additionally, 
minor errors and omissions have been corrected. 
The rules and amendments as adopted implement regulatory changes as authorized 
under Parks and Wildlife Code, Chapter 76 whereby the 71st Legislature gave the 
Commission authority to regulate by proclamation the taking, purchase, and sale 
of oysters. A proclamation issued under this authority may limit the quantity 
and size of oysters that may be taken, possessed, sold or purchased and may 
prescribe times, places, conditions, and means and manner of taking oysters. 
The new sections will function by implementing statutory duty of the department 
to: (1) prevent the depletion of oyster beds while achieving, on a continuing 
basis, the optimum yield for the oyster industry; (2) provide measures based on 
the best scientific information available; (3) provide measures to manage 
oysters; (4) provide measures, where practicable, that will promote efficiency 
in utilizing oyster resources, except that economic allocation may not be the 
sole purpose of the measures; (5) provide measures, where practicable, that will 
minimize cost and avoid unnecessary duplication in their administration; and (6) 
provide measures which will enhance enforcement. 
During the 30-day comment period, staff received comments from members of the 
Department's Oyster Advisory Committee. Comments were incorporated as amendments 
to the original proposed proclamation. The Department's Oyster Advisory 
Committee unanimously supported the proclamation and amendments. No other 
comments were received. 
No individuals representing groups other than the Department's Oyster Advisory 
Committee made comments for or against either the proposed rules or the 
amendments during the regularly scheduled public hearing. 
Staff agrees with comments provided by the members of the Department's Oyster 
Advisory Committee. 
The new sections are adopted under authority of Parks and Wildlife Code, Chapter 
76, Oysters, sec.sec.76.301-76.302, which provides the Commission with authority 
to establish oyster regulations for this state.

sec.58.11.Definitions.
The following words and terms, when used in the subchapter, shall have the 
following meanings, unless the context clearly indicates otherwise.
Approved area- A molluscan shellfish growing area determined to be acceptable 
for harvesting of molluscan shellfish for direct marketing according to the 
National Shellfish Sanitation Program (NSSP). 
Barrel of oysters- A barrel of oysters is equal to three boxes (bushels) of 
oysters in the shell. The dimensions of a box are 10 inches by 20 inches by 13 
1/2 inches. In filling a box for measurement the oysters may not be piled more 
than 2 1/2 inches above the height of the box at the center. Two gallons of 
shucked oysters without shells equals one barrel of oysters in the shell.
Conditionally approved area- The classification of a shellfish growing area 
determined by the Texas Department of Health Seafood Safety Division to meet 
approved area criteria for a predictable period. The period is conditional upon 
established performance standards specified in a management plan. A 
conditionally approved area is a restricted area when the area does not meet the 
approved growing area criteria.
Commission- Refers to the nine member Texas Parks and Wildlife Department 
Commission.
Department- Refers to the Texas Parks and Wildlife Department. Natural oyster 
bed (reef)- A natural oyster bed exists when at least five barrels of oysters 
are found within 2,500 square feet of any position on a reef. 
Oyster- That species of molluscan shellfish identified as the Eastern oyster, 
Crassostrea virginica and its subspecies. No other species of molluscan 
shellfish are included within this proclamation.
Possess- The act of having in possession or control, keeping, detaining, 
restraining, or holding as owner, or under a fishing ley, or as an agent, 
bailee, or custodian of another.
Private oyster lease- Those state water bottoms leased from the state for the 
purpose of producing oysters to individuals or corporations incorporated under 
the laws of this state.
Prohibited area- The classification of a shellfish growing area determined by 
the Texas Department of Health Seafood Safety Division to be unacceptable for 
the transplanting, gathering for depuration, or harvesting of shellfish. The 
only shellfish removal permitted from a prohibited area is for the purpose of 
depletion, as defined in the Control of Harvesting Section of Part 1 of the 
NSSP. 
Public oyster bed (reef)- All natural oyster beds (reefs) are public. All oyster 
beds not designated as private are public. 
Restricted area- The classification of a shellfish growing area determined by 
the Texas Department of Health Seafood Safety Division to be unacceptable for 
harvesting of shellfish for direct marketing, but which is acceptable for 
transplanting or gathering for depuration. A restricted area may be closed for 
transplanting or gathering for depuration when the Seafood Safety Division 
determines that the area does not meet the restricted area criteria established 
in the NSSP. 

sec.58.21.Taking or Attempting to Take Oysters from Public Oyster Beds: General 
Rules. 
(a) Seasons and Times. 
(1) The open season extends from November 1 of one year through April 30 of the 
following year. 
(2) Legal oystering hours - sunrise to sunset. 
(b) Size Limits and Possession of Undersized Oysters. 
(1) Size limit - Legal oysters must be three inches or larger as measured along 
the greatest length of the shell. 
(2) Oysters which are between 3/4 inch and three inches in length must be 
returned to the reef at the time of harvest. 
(3) Unculled oysters shall be kept separate from culled oysters. 
(4) It is unlawful for any person to take or possess a cargo of oysters more 
than 15% of which are between 3/4 inch and three inches measured from beak to 
bill or along an imaginary line through the long axis of the shell. 
(c) Area Closures. There is no open public season for oysters from areas 
declared to be restricted or prohibited by the Texas Department of Health or 
areas closed by the Commission.

sec.58.22.Commercial Fishing.
(a) Gear Restrictions. It is unlawful while taking or attempting to take oysters 
for pay or the purpose of sale, barter, or exchange or any other commercial 
purpose to: 
(1) use more than one dredge; 
(2) use a dredge which exceeds 48 inches in width and a two-barrel capacity;
(3) have more than one dredge connected in any manner to a winch, chain or other 
lifting device during the open public season; or 
(4) have on board any dredge(s), other than the one connected to a winch, chain, 
or other lifting device, unless secured below deck, to or on the wheelhouse, or 
to the deck in such a manner as to not be readily accessible for use. 
(b) Possession Limits. It is unlawful while taking or attempting to take oysters 
for pay or the purpose of sale, barter, or exchange or any other commercial 
purpose to have on board any licensed commercial oyster boat: 
(1) more than 50 barrels of culled oysters of legal size; or
(2) more than 2 barrels of unculled oysters while on the reef. 
(c) Reporting requirements. A dealer who purchases or receives oysters directly 
from any person other than a licensed dealer must file a report with the 
department each month as prescribed under Parks and Wildlife Code, 
sec.66.019(c). 

sec.58.23.Non-Commercial (Recreational) Fishing. 
(a) Gear Restrictions. It is unlawful while taking or attempting to take oysters 
for personal use to: 
(1) use a dredge that exceeds 14 inches in width; or 
(2) have more than one dredge connected in any manner to a winch, chain or other 
lifting device during the open public season; or 
(3) have on board any dredge(s), other than the one connected to a winch, chain, 
or other lifting device, unless secured below deck, to or on the wheelhouse, or 
to the deck in such a manner as to not be readily accessible for use. 
(b) Possession Limit. It is unlawful to take or possess more than two bushels of 
legal sized oysters per person. 
(c) Prohibition of Sale. It is unlawful to sell oysters taken without a valid 
commercial oyster fishing license. 

sec.58.30.Private Oyster Leases. 
(a) General Rules. 
(1) Leases will not be granted on areas determined to be natural oyster beds or 
that have been publicly fished within eight years of the lease application. 
(2) No permit will be issued for a lease on: 
(A) a natural oyster bed; 
(B) a bay shore area within 100 yards of the shore; 
(C) an area subject to an exclusive riparian right as provided under Parks and 
Wildlife Code sec.76.004 and sec.76.005; 
(D) an area already under certification as a private lease; or 
(E) an area within 1,000 feet of an established lease not owned or controlled by 
the applicant. 
(3) The failure to pay any rental when due terminates the lease. 
(b) Application For Oyster Lease. 
(1) All applications for private oyster leases will be submitted to the 
department for consideration and shall be accompanied by a non refundable 
application fee of $20. 
(2) The applicant shall mark the proposed lease site or sites with temporary 
poles and/or buoys in such a manner that the outline of the site or sites can be 
clearly determined. 
(3) Each application shall contain: 
(A) applicant's name and address; 
(B) affirmation that applicant is a United States citizen;
(C) a description of the lease, including a plat showing approximate size and 
location in relation to state land tracts; and 
(D) signed letters each from the U.S. Army Corps of Engineers, General Land 
Office, and the Seafood Safety Division of the Texas Department of Health 
indicating approval for the proposed lease site. 
(4) An authorized employee(s) of the department shall inspect the proposed lease 
site or sites to determine its location with respect to: 
(A) natural oyster reefs; 
(B) shoreline; 
(C) areas restricted or prohibited by the Texas Department of Health; 
(D) spoil disposal areas; 
(E) other private leases; and 
(F) riparian rights. 
(5) An authorized employee(s) of the department shall inspect the proposed lease 
site or sites to determine the presence of exposed shell. 
(6) If exposed shell is found within the proposed lease site or sites, an 
authorized employee(s) of the department shall determine the presence of live 
oysters. 
(c) Public Hearing on Application. 
(1) After having determined the proposed lease site meets location and exposed 
shell requirements, the department shall: 
(A) hold a public hearing to determine if the site has been publicly fished 
within eight years of the lease application; 
(B) publish a notification of the date, time, and purpose of the public hearing 
at least once in a newspaper of general circulation in the county in which the 
proposed lease site is located; 
(C) publish the notification between 10 and 20 days prior to the public hearing; 
(D) make available to the public information about the proposed lease site ten 
days prior to the date of the hearing; and 
(E) present the investigation report at the public hearing.
(2) Persons objecting to the proposed lease must submit a sworn affidavit or 
testify under oath at the public hearing stating reasons for the objection. 
(3) The department shall review findings of the public hearing and submit 
recommendations to the Coastal Fisheries Division Director for approval. 
(4) The applicant will be notified within ten days after the hearing of either 
approval or denial of lease application. 
(5) The application approved by the department will be forwarded to the Coastal 
Coordination Council for final approval. 
(d) Approved Lease Procedures for Applicant. 
(1) Applicant shall be responsible for having a final survey of the approved 
lease conducted by a registered surveyor who will furnish the department with 
survey notes and a plat of the lease showing: 
(A) the location of the lease in relation to state land tract boundaries; and 
(B) Loran coordinates for all lease markers. 
(2) The applicant shall mark the boundaries of the lease with buoys at the time 
of the final survey and maintain buoys until lease termination. Supplemental 
markers may be required along the lease boundaries if one corner marker is not 
clearly visible from another corner marker. 
(A) All marker buoys must be: 
(i) at least six inches in diameter; 
(ii) at least three feet out of the water at mean high tide;
(iii) of a shape and color that is visible for at least 1/2 mile under normal 
weather conditions; 
(iv) marked with the lease number (Buoys common to two or more leases must be 
marked with all lease numbers); 
(v) marked with at least two-inch high letters in plain Arabic block letters in 
a location where it will not be obscured by water or marine growth; and 
(vi) marked with all required U.S. Coast Guard markings. 
(B) Buoys must be anchored by: 
(i) A screw anchor with a minimum one-inch galvanized sucker rod and 12-inch 
head inserted 10 feet into the bottom; or 
(ii) two anchors per buoy and each anchor having a minimum weight of 300 pounds. 
(C) If replacement of buoys is necessary, original Loran coordinates of the 
final survey must be used to relocate markers. 
(3) An authorized employee(s) of the department shall inspect and verify Loran 
coordinates; 
(4) The department shall return approved application for appropriate 
registration by applicant with the county clerk in the county of location as 
prescribed in Parks and Wildlife Code, sec.76.014. 
(5) Rental Fee. 
(A) No rental fee is owed on any lease when oysters are not sold or marketed 
from the lease for a period of five years after the date of the establishment of 
the lease. 
(B) When oysters are sold or marketed from the lease and thereafter, the holder 
of the certificate shall pay to the department $3.00 per acre of lease per year. 
(C) Rental fees are due annually by March 1. 
(D) Failure to pay any rental when due terminates the lease.
(E) If oysters from the lease are not sold or marketed within five years from 
the date of establishment of the lease, the lease is void.
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 September 11, 1996.
TRD-9613367
William D. Harvey, Ph.D.
Regulatory Coordinator
Texas Parks and Wildlife Department
Effective date: October 3, 1996
Proposal publication date: July 26, 1996
For further information, please call: 1 (800) 792-1112 Ext. 4642 or (512) 389-
4642

SUBCHAPTER B.Statewide Shrimp Fishery Proclamation
31 TAC sec.sec.58.101-58.104, 58.130, 58.150, 58.160-58.165
The Texas Parks and Wildlife Commission in a regularly scheduled public hearing 
August 29, 1996, adopts new sec.sec.58.101-58.104, 58.130, 58.150, 58.160-
58.165, concerning Statewide Shrimp Fishery Proclamation. Sections 58.101-
58.104, 58.130, 58.150, 58.160-58.165, were adopted without changes to the 
proposed text as published in the July 26, 1996, issue of the Texas Register (21 
TexReg 7001), while sec.58.130 was adopted with changes. The adopted changes 
were as a result of public comment received by the Department. 
The amendments in sec.58.130(b)(1) include new language which establishes the 
number of license buyback periods is limited to the funds available; in 
sec.58.130(d)(3)(E), new language clarifies that Established Maximum Value 
criteria will include bid offers from previous application periods; and in 
sec.58.130(g)(2), new language clarifies intent by stating qualified designated 
agents may utilize Maximum Value Criteria established by these rules. 
The rules and amendments as adopted implement regulatory changes as authorized 
under Parks and Wildlife Code, Chapter 77 whereby the 71st Legislature gave the 
Commission authority to regulate by proclamation the taking, possession, 
purchase, and sale of shrimp. A proclamation issued under this authority may 
limit the quantity and size of shrimp that may be taken, possessed, sold or 
purchased and may prescribe times, places, conditions, and means and manner of 
taking shrimp. In addition, under Parks and Wildlife Code, Chapter 77, the 74th 
Legislature gave the Commission authority to establish criteria by which the 
Department selects commercial bay shrimp boat and commercial bait shrimp boat 
licenses for purchase under a voluntary license buyback program. 
The new sections will function by implementing statutory duty of the department 
to: (1) prevent overfishing while achieving, on a continuing basis, the optimum 
yield for the fishery; (2) provide measures based on the best scientific 
information available; (3) provide measures to manage shrimp throughout their 
range; (4) provide measures, where practicable, that will promote efficiency in 
utilizing shrimp resources, except that economic allocation may not be the sole 
purpose of the measures; (5) provide measures, where practicable, that will 
minimize cost and avoid unnecessary duplication in their administration; and (6) 
provide measures which will enhance enforcement. 
During the 30-day comment period, staff received comments from members of the 
Department's Shrimp Advisory Committee, and the Limited Entry Review Board. 
Comments were incorporated as amendments to the original proposed proclamation. 
Both the Department's Shrimp Advisory Committee and Limited Entry Review Board 
unanimously supported the proclamation and amendments. No other comments were 
received. 
No individuals representing groups other than the Department's Shrimp Advisory 
Committee and the Limited Entry Review Board made comments for or against either 
the proposed rules or the amendments during the regularly scheduled public 
hearing. 
Staff agrees with comments provided by members of the Department's Shrimp 
Advisory Committee, and the Limited Entry Review Board. 
The new sections are adopted under authority of Parks and Wildlife Code, 
sec.77.007, which provides the Commission with authority to establish shrimp 
regulations for this state, and sec.77.119, which provides the Commission with 
authority to implement a license buyback program. 

sec.58.130.Shrimp License Buyback Program.
(a) Delegation of Authority. The commission delegates power and authority to the 
executive director to administer the Shrimp License Buyback Program. 
(b) License Buyback Bid Application Period. 
(1) The department will open one or more license buyback bid offer application 
periods (hereafter referred to as application) per license year if available 
funds permit. 
(2) The department shall establish during each application period a deadline for 
receipt of all applications. 
(c) License Buyback Application Requirements. 
(1) The department shall consider all applications to the Shrimp License Buyback 
Program provided the applicants meet the following requirements
(A) A completed License Buyback Application form furnished by the department has 
been submitted to the department by the application deadline; 
(B) The applicant is the owner of the license submitted for buyback; and 
(C) The applicant has submitted to the department copies of all supplemental 
information as required in this subsection. 
(2) A completed License Buyback Application shall contain: 
(A) full name of the applicant; 
(B) current address of applicant's residence; 
(C) social security number of applicant; 
(D) a copy of legal documentation that: 
(i) documents applicant as the sole owner of the vessel and holds the sole 
rights and privileges to the license; or 
(ii) documents that all members of a partnership or corporation are in agreement 
to apply to the license buyback program and the submitted bid offer for license 
buyback; 
(E) USCG vessel documentation number or State of Texas registration number; 
(F) a copy of current commercial bay and/or bait shrimp boat license; and 
(G) the applicant's bid offer, in U.S. dollars. 
(3) Department records will be used to verify all information supplied by or 
pertaining to the applicant's history in the shrimp fishery or will be used in 
cases where the applicant has not provided adequate information for proper 
consideration of the application. 
(4) Applications received after the established application deadline shall be 
held for consideration during the next bid offer application period. 
(d) Established Maximum Value Criteria. 
(1) The department may establish each license year criteria which will be used 
as appropriate to assign an Established Maximum Value to each application. 
(2) The department will assign an Established Maximum Value to each application 
according to criteria provided in this section.
(3) The Established Maximum Value for each application will be based on the 
following criteria: 
(A) length of vessel; 
(B) duration of license in fishery prior to enactment of Parks and Wildlife 
Code, sec.sec.77.117-77.123; 
(C) amount of funds accumulated in the Shrimp License Buyback Account; 
(D) number of bay and bait licenses in the fishery issued in the license year of 
the specific bid offer application period; 
(E) bid offers from previous application periods; 
(F) established open market prices for licenses; 
(G) number of licenses offered for sale by applicant; and 
(H) other relevant factors. 
(4) Adjustments to Established Maximum Value: If an applicant offers both a 
commercial bay shrimp license and a commercial bait shrimp license issued for 
the same vessel, the department will add a premium of 7.5% to the Established 
Maximum Value of each license offered.
(e) Application Ranking Procedures. 
(1) Ranking values will be assigned to all applications based on the greatest 
difference between the Established Maximum Value and the bid offers which are 
less than the Established Maximum Value. 
(2) The department will purchase licenses beginning with the highest ranking to 
the lowest. 
(3) Equally ranked bid offers: 
(A) If bid offers are equally ranked and one vessel is larger in length, the 
department will rank the larger vessel ahead of the smaller;
(B) If bid offers are equally ranked and both vessels are the same length, the 
department will rank according to the ascending alphabetical order of the 
applicant's last name. 
(4) The department may purchase licenses from applicants whose offers fall 
within 10% of the Established Market Value and are greater than the Established 
Market Value. 
(f) Notification of Acceptance or Rejection of Application.
(1) Department will notify each applicant in writing within 45 days of receipt 
of application regarding acceptance or rejection of application bid offer. 
(2) Applicants whose bids are accepted must then notify the department of their 
intent to accept or reject the offer from the department within 15 days of the 
postmark of the notification letter sent by the department.
(3) The department may retain unsuccessful applications and include them in the 
next application period. 
(4) The unsuccessful applicant may withdraw, resubmit, or amend an application 
for consideration during any future application periods.
(5) The department will continue to purchase in rank order as the buyback fund 
permits. 
(g) Delegation of purchasing authority. 
(1) The department may designate other qualified agents to purchase licenses on 
behalf of the department provided all purchased licenses are surrendered to the 
department and retired. 
(2) The designated qualified agents may utilize the Maximum Value Criteria 
established in subsection (d) this section to purchase licenses.
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 September 11, 1996.
TRD-9613368
William D. Harvey, Ph.D.
Regulatory Coordinator
Texas Parks and Wildlife Department
Effective date: October 3, 1996
Proposal publication date: July 26, 1996
For further information, please call: 1 (800) 792-1112 Ext. 4642 or (512) 389-
4642

CHAPTER 63.Administration
Mandatory Hunter Education Program
31 TAC sec.sec.63.5-63.9
The Texas Parks and Wildlife Commission, in a regularly scheduled public hearing 
held August 29, 1996, adopts the repeals to sec.sec.63.5-63.9, concerning 
Mandatory Hunter Education Program, without changes to the proposed text as 
published in the June 25, 1996, issue of the Texas Register (21 TexReg 5846).
Parks and Wildlife Code Chapter 62, Subchapter B, provides authority to the 
Parks and Wildlife Commission for establishing a Hunter Education Program. This 
repeal of rules is part of the Parks and Wildlife Commission regulations sunset 
process. The repealed sections were recodified in 31 TAC, Chapter 55, concerning 
Law Enforcement. 
Adoption of the repealed rules represents a recodification and simplification of 
current rules which implement the Hunter Education Program. 
The department received no public comment concerning the proposed repeal of 
these sections.
The repeals are adopted under Parks and Wildlife Code, sec.62.014, which 
provides the commission authority to administer and establish a statewide hunter 
education 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 September 11, 1996
TRD-9613373
William D. Harvey, Ph.D.
Regulatory Coordinator
Texas Parks and Wildlife Department
Effective date: October 3, 1996
Proposal publication date: June 25, 1996
For further information, please call: 1 (800) 792-1112 Ext. 4642 or (512) 389-
4642

Use of Uninscribed Vehicles
31 TAC sec.sec.63.11-63.12
The Texas Parks and Wildlife Commission, in a regularly scheduled public hearing 
held August 29, 1996, adopts the repeals to sec.sec.63.11-63.12, concerning the 
Use of Uninscribed Vehicles, without changes to the proposed text as published 
in the June 25, 1996, issue of the Texas Register (21 TexReg 5847).
The repeals represents a recodification of rules in 31 TAC, Chapter 63, 
sec.sec.63.11-63.12 into 31 TAC Chapter 51 in accordance with the Parks and 
Wildlife Commission regulations sunset. 
The repeal removes redundant sections from the Texas Administrative Code. The 
department received no public comment concerning the proposed repeals. 
The repeals are adopted under Texas Transportation Code, sec.721.003, which 
provides the Parks and Wildlife Commission with authority to allow use of 
uninscribed vehicles. 
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 September 14, 1996.
TRD-9613372
William D. Harvey, Ph.D.
Regulatory Coordinator
Texas Parks and Wildlife Department
Effective date: October 3, 1996
Proposal publication date: June 25, 1996
For further information, please call: 1 (800) 792-1112 Ext. 4642 or (512) 389-
4642

CHAPTER 65.Wildlife
The Texas Parks and Wildlife Commission, in a regularly scheduled public hearing 
held August 29, 1996, adopts the repeals to sec.sec.65.400-65.406 and new 
sec.65.401, concerning Deer Antlers, without changes to the proposed text as 
published in the July 26, 1996, issue of the Texas Register (21 TexReg 7014). 
The repeals and new section are necessary to eliminate outdated and unnecessary 
regulations. 
The repeals and new section will function by removing burdensome restrictions on 
the possession and sale of deer antlers. 
The department received no public comment concerning the proposed repeals and 
new sections.

SUBCHAPTER R.Deer Antlers
31 TAC sec.sec.65.400-65.406
The repeals and new sections are adopted under Parks and Wildlife Code, Chapter 
62, Subchapter B, which provides the Commission with the authority to establish 
regulations governing the sale, purchase, and possession of deer antlers. 
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 September 11, 1996.
TRD-9613374
William D. Harvey, Ph.D.
Regulatory Coordinator
Texas Parks and Wildlife Department
Effective date: October 3, 1996
Proposal publication date: July 26, 1996
For further information, please call: 1 (800) 792-1112 Ext. 4642 or (512) 389-
4642

31 TAC sec.65.401
The new section is adopted under Parks and Wildlife Code, Chapter 62, Subchapter 
B, which provides the Commission with the authority to establish regulations 
governing the sale, purchase, and possession of deer antlers. 
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 September 11, 1996.
TRD-9613375
William D. Harvey, Ph.D.
Regulatory Coordinator
Texas Parks and Wildlife Department
Effective date: October 3, 1996
Proposal publication date: July 26, 1996
For further information, please call: 1 (800) 792-1112 Ext. 4642 or (512) 389-
4642