ADOPTED RULES An agency may take final action on a section 30 days after a proposal has been published in the Texas Register. The section becomes effective 20 days after the agency files the correct document with the Texas Register, unless a later date is specified or unless a federal statute or regulation requires implementation of the action on shorter notice. If an agency adopts the section without any changes to the proposed text, only the preamble of the notice and statement of legal authority will be published. If an agency adopts the section with changes to the proposed text, the proposal will be republished with the changes. TITLE 22. EXAMINING BOARDS PART XV. Texas State Board of Pharmacy CHAPTER 283. Licensing Requirements for Pharmacists 22 TAC sec.sec.283.2-283.4, 283.7-283.9, 283.11 The Texas State Board of Pharmacy adopts amendments to sec.sec.283.3, 283.4, 283.7-283.9, and 283.11, concerning Educational and Age Requirements, Internship Requirements, Examination Requirements, Reciprocity Requirements, Fee Requirements for Licensure by Examination and Reciprocity, Examination Retake Requirements without changes and sec.283.2, concerning Definitions with changes to the proposed text as published in the October 1, 1996, issue of the Texas Register (21 TexReg 9391). The change made in sec.283.2 corrects a typo- graphical error contained in the text as published by the Texas Register. The rules are amended to: (1) require the same application deadline schedule for reciprocity candidates as exists for examination candidates; (2) correct the name of the Pharmacy Licensing Exam from National Association of Boards of Pharmacy Licensing Examination (NABPLEX) to the North American Pharmacy Licensing Examination (NAPLEX); and (3) clarify that a graduate of a foreign college of pharmacy is required to obtain full certification from Foreign Pharmacy Graduate Equivalency Commission before the candidate is eligible for licensing. No comments were received on the proposed rules. The amendments are adopted under the Texas Pharmacy Act (Article 4542a-1, Texas Civil Statutes): sec.16(a) which gives the Board the authority to adopt rules for the proper administration and enforcement of the Act; sec.21 and sec.22, which dictate the qualifications for licensing by examination and by reciprocity. sec.283.2.Definitions . The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. Extended-intern - A pharmacist-intern, registered with the board, who has: (A) applied to the board for licensure by examination and has successfully passed the NAPLEX and Texas Pharmacy Jurisprudence Examination but lacks the required number of hours of internship for licensure; or (B) - (E) (No change.) NAPLEX - The North American Pharmacy Licensing Examination, or its predecessor, the National Association of Boards of Pharmacy Licensing Examination. 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 December 9, 1996. TRD-9617904 Fred S. Brinkley, Jr., R.Ph., M.B.A. Executive Director/Secretary Texas State Board of Pharmacy Effective date: December 31, 1996 Proposal publication date: October 1, 1996 For further information, please call: (512) 305-8027 TITLE 30. ENVIRONMENTAL QUALITY PART I. Texas Natural Resource Conservation Commission CHAPTER 37.Financial Assurance The commission adopts new sec.sec.37.1, 37.11, 37.21, 37.31, 37.41, 37.51, 37.61, 37.71, 37.81, 37.100, 37.101, 37.111, 37.121, 37.131, 37.141, 37.151, 37.161, 37.201, 37.211, 37.221, 37.231, 37.241, 37.251, 37.261, 37.301, 37.311, 37.321, 37.331, 37.341, 37.351, 37.361, 37.400, 37.401, 37.411, 37.501, 37.511, 37.521, 37.531, 37.541, 37.551, 37.601, 37.611, 37.621, 37.631, 37.641, 37.651, 37.661, 37.901, 37.911, 37.921, 37.931, 37.1001, 37.1011, and 37.1021, concerning financial assurance requirements. Sections 37.201, 37.221, and 37.241 are adopted with changes to the proposed text as published in the July 26, 1996, issue of the Texas Register (21 TexReg 6945). Sections 37.1, 37.11, 37.21, 37.31, 37.41, 37.51, 37.61, 37.71, 37.81, 37.100, 37.101, 37.111, 37.121, 37.131, 37.141, 37.151, 37.161, 37.211, 37.231, 37.251, 37.261, 37.301, 37.311, 37.321, 37.331, 37.341, 37.351, 37.361, 37.400, 37.401, 37.411, 37.501, 37.511, 37.521, 37.531, 37.541, 37.551, 37.601, 37.611, 37.621, 37.631, 37.641, 37.651, 37.661, 37.901, 37.911, 37.921, 37.931, 37.1001, 37.1011, and 37.1021 are adopted without changes and will not be republished. EXPLANATION OF ADOPTED RULES. New Chapter 37 provides standard financial assurance wording of the mechanisms and requirements for financial responsibility and places them in one rule chapter. Initially, this chapter provides financial assurance requirements for permitted composting facilities and registered Class A or B petroleum-substance contaminated soil storage, treatment, and reuse facilities. Owners or operators seeking permits for compost facilities must provide evidence of financial responsibility for closure. This requirement is authorized by Texas Health and Safety Code, sec.361.085 and promulgated as 30 TAC sec.332.47(9). Owners and operators seeking registrations for Class A or B petroleum-substance contaminated soil storage, treatment, and reuse facilities must provide evidence of financial responsibility for closure and sudden liability coverage per 30 TAC Chapter 334, Subchapter K. Chapter 37, Subchapter A, concerning General Financial Assurance Requirements, sets forth the applicability of the rules, definitions, and basic requirements for demonstrating financial assurance. This subchapter requires all mechanisms relied upon to show evidence of financial responsibility to be worded as set forth in Subchapter D or G, requires approval of all mechanisms by the executive director, requires substitution of financial assurance mechanisms in the event of failure or cancellation, and allows the use of multiple financial assurance mechanisms for a single facility, or use of a single mechanism for multiple facilities of the same type. Mechanisms used to show financial responsibility for closure must be at least equal in amount to the most recent closure cost estimates. Mechanisms used to show evidence of sudden liability coverage must be at least equal to the annual aggregate limit as specified. To receive approval for financial responsibility, mechanisms for permitted facilities must be submitted at least 60 days prior to the acceptance of waste for processing or at least 60 days prior to operations, while registrants must submit mechanisms prior to issuance of a registration. Chapter 37, Subchapter B, concerning Financial Assurance Requirements for Closure, sets forth the general criteria for approval of financial assurance for closure. This subchapter allows the executive director to draw on the mechanism when required to do so, requires continuous coverage until terminated, requires annual adjustments for inflation, requires necessary adjustments in the closure cost estimate, and requires establishment of a standby trust for surety bonds or letters of credit. Chapter 37, Subchapter C, concerning Financial Assurance Mechanisms for Closure, sets forth the criteria for approval of financial assurance mechanisms for closure, including trust funds, surety bonds guaranteeing payment, surety bonds guaranteeing performance, irrevocable standby letters of credit, insurances, financial tests, and corporate guarantees. Revisions to proposed sections were made in order to provide additional clarification. Proposed sec.37.201, concerning Trust Fund for Closure, was amended to specify that an owner or operator may submit a written request for release of excess monies held in a trust fund. Proposed sec.37.221, concerning Surety Bond Guaranteeing Performance for Closure, was modified to state that a surety bond must guarantee that the owner or operator is to provide alternate financial assurance after receipt of a notice of cancellation. Proposed sec.37.241, concerning Insurance for Closure, was modified to allow an insurance policy to be assigned to a successor owner or operator. Chapter 37, Subchapter D, concerning Wording of the Mechanisms for Closure, sets forth the required wording of financial assurance mechanisms for closure referenced as figures in the Texas Register. Chapter 37, Subchapter E, concerning Financial Assurance Requirements for Liability Coverage, sets forth the criteria for approval of financial assurance for liability. This subchapter addresses the liability requirements for sudden accidental occurrences. Chapter 37, Subchapter F, concerning Financial Assurance Mechanisms for Liability, sets forth the criteria for approval of financial assurance mechanisms for liability, including trust funds, surety bonds guaranteeing payment, irrevocable standby letters of credit, insurances, financial tests, and corporate guarantees. Chapter 37, Subchapter G, concerning Wording of Mechanisms for Liability, sets forth the required wording of financial assurance mechanisms for liability referenced as figures in the Texas Register. Chapter 37, Subchapter J, concerning Financial Assurance for Permitted Compost Facilities, makes the requirements of Chapter 37 applicable to owners and operators seeking permits for compost facilities under sec.332.47. Chapter 37, Subchapter K, concerning Financial Assurance Requirements for Class A or B Petroleum-Substance Contaminated Soil Storage, Treatment, and Reuse Facilities, makes the requirements of Chapter 37 applicable to owners and operators seeking registrations for Class A or B petroleum-substance contaminated soil storage, treatment, and reuse facilities under Chapter 334, Subchapter K. TAKINGS IMPACT ASSESSMENT. The commission has prepared a Takings Impact Assessment for new Chapter 37 pursuant to Texas Government Code, sec.2007.043. The following is a summary of that assessment. The specific purpose of the new rules is to begin the consolidation of financial assurance requirements into one rule chapter. The new rules substantially advance this purpose by setting up a new Chapter 37 and making it initially applicable to financial assurance for permitted composting facilities and registered Class A or B petroleum-substance contaminated soil storage, treatment, and reuse facilities. Promulgation and enforcement of these rules will not affect private real property because they add no new financial assurance requirements and they do not adversely affect property values. Also, the following exceptions to the application of Texas Government Code, sec.2007.003(b) apply to these rules: the action significantly advances the health and safety purpose and imposes no greater burden than is necessary to achieve the health and safety purpose. HEARINGS AND COMMENTERS. A public hearing was held to receive oral and written comment on the proposed rules at commission offices in Austin on August 29, 1996. No one submitted comment at the public hearing. The public comment period closed August 29, 1996. Written comments were received from the following during the public comment period: Browning-Ferris Industries (BFI) and Texas Utilities Services, Inc. (TU). BFI generally supported the creation of a new chapter that would incorporate and contain all pertinent financial assurance requirements administered by the commission. However, except for comments noted as follows, BFI's comments were intended to ensure that the regulations provide appropriate and cost-effective standards for municipal solid waste landfills (MSWLFs), because they may eventually be proposed to be included in Chapter 37. The commission responds that comments relating to MSWLFs are beyond the scope of this rulemaking because the proposed rule was only applicable to permitted compost operations and Class A or B petroleum-substance contaminated soil storage, treatment, and reuse facilities. Currently, financial assurance requirements for MSWLFs are found in 30 TAC Chapter 330, Subchapter K, and there are currently no proposals affecting those requirements. TU commented that a separate financial assurance mechanism currently under development for used oil creates a piecemeal approach. TU noted that creating different financial assurance requirements for different waste streams at their facilities is not a cost-effective approach to financial assurance. The commission responds that comments relating to used oil financial assurance are beyond the scope of this rulemaking. Currently, rules for financial responsibility for used oil are being developed, and the rules, when proposed, will probably refer persons to Chapter 37 for the specific requirements of financial assurance. TU further commented that the proposed rules would allow use of a single financial assurance mechanism for multiple facilities of the same type; however, "same type" is not defined. TU was concerned that its facilities will be covered by many overlapping financial assurance requirements because they handle many waste streams. It recommended that the commission utilize some cost-effective type of financial assurance mechanism which recognizes companies with multiple facilities with more than one waste stream. The commission has made no changes to the proposal at this time. However, the commission recognizes the merit of the commenter's concern and believes that it is appropriate and desirable to provide maximum flexibility and choices wherever possible with regard to this issue. Thus, the commission will examine the consolidation of financial instruments for separate waste streams during the development of the rules concerning financial assurance requirements for used oil collection facilities, as well as during future revisions to Chapter 37. With respect to the proposed sec.37.31(b), concerning when the financial assurance instrument should be submitted, BFI asked the commission to postpone the adoption of this subsection pending an evaluation of the impact on the regulated community and preparation of a supplemental takings impact assessment. BFI was concerned that the current practice of review and approval of registration applications is not consistent with the proposed approach and this represents new financial assurance requirements. BFI contended that under the current practice, a signed financial assurance mechanism is not submitted until after the registration is approved. The proposed rule would require the signed financial assurance mechanism prior to issuance of a registration. BFI claims this could be an added financial and administrative burden to the applicant. BFI further argued that the preamble to the proposed rule did not adequately address the potential fiscal impact upon the regulated community and any associated affect on private real property in the takings impact assessment (TIA). The commission disagrees with BFI's comments relating to sec.37.31(b), because "new financial assurance requirements" were not imposed; instead, existing requirements were modified. As BFI noted, proposed sec.37.31(b) was modified to require that financial assurance mechanisms be submitted prior to issuance of the registration. However, the existing requirement specifies that a financial assurance document is to be submitted with the application rather than after issuance of the registration as BFI claimed. The commission retains the proposed language, contending that it is a more cost-effective approach. With regard to the TIA and the fiscal impact analysis, the commission considers those analyses to be accurate assessments of the impact of the new rules and has not postponed adoption of the section. With regard to sec.37.131, which requires adjustment for inflation 60 days before the anniversary date, BFI also requested that the commission postpone adoption of that section. As with sec.37.31(b), BFI contends that the preamble does not indicate whether this is a modification of or departure from existing regulations or procedures. Additionally, BFI commented that the TIA and fiscal impact analysis did not properly assess the impact of the proposed change. The commission acknowledges that proposed sec.37.131 is a modification to an existing requirement to ensure consistency as to when inflation adjustments must occur. In addition, the commission considers the TIA and fiscal impact analysis to the proposed rule to be adequate assessments and has not postponed adoption of the section. Changes were made to the following sections to provide additional clarification. A requirement to proposed sec.37.201 was added to specify that an owner or operator may submit a written request for release of excess monies held in a trust fund. The new language is found in sec.37.201(k). In addition, language stating that a surety bond must guarantee that the owner or operator is to provide alternate financial assurance after receipt of a notice of cancellation has been added to proposed sec.37.221(d). Also added was a provision to proposed sec.37.241 which allows an insurance policy to be assigned to a successor owner or operator. The new language is found in sec.37.241(k). SUBCHAPTER A.General Financial Assurance Requirements 30 TAC sec.sec.37.1, 37.11, 37.21, 37.31, 37.41, 37.51, 37.61, 37.71, 37.81 STATUTORY AUTHORITY. The new sections are adopted under Texas Water Code, sec.sec.5.103, 5.105, 13.041, 26.011, 26.341-26.363, 27.019, 32.009, 33.007, and 34.006 and Texas Health and Safety Code, sec.sec.341.002, 341.031, 361.011, 361.017, 361.024, 366.012, 382.017, 401.011, 401.051, and 401.412, which authorize the commission to adopt any rules necessary to carry out its powers and duties under the Water Code and other laws of Texas and to establish and approve all general policy of the commission. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on December 9, 1996. TRD-9617857 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Effective date: December 30, 1996 Proposal publication date: July 26, 1996 For further information, please call: (512) 239-1966 SUBCHAPTER B.Financial Assurance Requirements for Closure 30 TAC sec.sec.37.100, 37.101, 37.111, 37.121, 37.131, 37.141, 37.151, 37.161 The new sections are proposed under Texas Water Code, sec.sec.5.103, 5.105, 13.041, 26.011, 26.341-26.363, 27.019, 32.009, 33.007, and 34.006 and Texas Health and Safety Code, sec.sec.341.002, 341.031, 361.011, 361.017, 361.024, 366.012, 382.017, 401.011, 401.051, and 401.412, which authorize the commission to adopt any rules necessary to carry out its powers and duties under the Water Code and other laws of Texas and to establish and approve all general policy of the commission. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on December 9, 1996. TRD-9618227 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Effective date: December 30, 1996 Proposal publication date: July 26, 1996 For further information, please call: (512) 239-1966 SUBCHAPTER C.Financial Assurance Mechanisms for Closure 30 TAC sec.sec.37.201, 37.211, 37.221, 37.231, 37.241, 37.251, 37.261 The new sections are proposed under Texas Water Code, sec.sec.5.103, 5.105, 13.041, 26.011, 26.341-26.363, 27.019, 32.009, 33.007, and 34.006 and Texas Health and Safety Code, sec.sec.341.002, 341.031, 361.011, 361.017, 361.024, 366.012, 382.017, 401.011, 401.051, and 401.412, which authorize the commission to adopt any rules necessary to carry out its powers and duties under the Water Code and other laws of Texas and to establish and approve all general policy of the commission. sec.37.201.Trust Fund for Closure. (a) An owner or operator may satisfy the requirements of financial assurance for closure by establishing either a fully funded trust or a pay-in trust which conforms to the requirements of this section, in addition to the requirements specified in Subchapters A and B of this chapter (relating to General Financial Assurance Requirements and Financial Assurance Requirements for Closure), and submitting an originally signed duplicate of the executed trust agreement to the executive director. (b) The trustee must be an entity which has the authority to act as a trustee and whose trust operations are regulated and examined by a federal or state agency. (c) The wording of the trust agreement must be identical to the wording specified in sec.37.301(a) of this title (relating to Trust Agreement for Closure) including a formal certification of acknowledgment as specified in sec.37.301(b) of this title. (d) Schedule A of the trust agreement as specified in sec.37.301(a) of this title must be updated within 30 days after an approved change in the amount of the current closure cost estimate covered by the agreement, or annual inflation adjustments. (e) A fully funded trust requires that the initial payment into the trust fund be at least equal to the current closure cost estimate, or when a combination of mechanisms are used in accordance with sec.37.41 of this title (relating to Use of Multiple Financial Assurance Mechanisms), the initial payment plus the amount of the combined mechanism(s) must be at least equal to the current closure cost estimate. A receipt from the trustee for the initial payment must be submitted by the owner or operator to the executive director with the originally signed duplicate of the trust agreement. (f) A pay-in trust requires annual payments by the owner or operator over the term of the initial registration or permit, the remaining term of the initial registration or permit, or over the remaining operating life of the facility as estimated in the closure plan, whichever period is shorter; this period is hereafter referred to as the "pay-in period." The payments into the closure trust fund must be made in accordance with this subsection. (1) For a new facility, a receipt from the trustee for the first payment must be submitted by the owner or operator to the executive director in accordance with sec.37.31 of this title (relating to Submission of Documents). The first payment must be at least equal to the current closure cost estimate divided by the number of years in the pay-in period; or when a combination of mechanisms are used in accordance with sec.37.41 of this title, the first payment must be at least equal to the current closure cost estimate less the amount of the combined mechanism(s) divided by the number of years in the pay-in period. Subsequent payments must be made no later than 30 days after each anniversary date of the first payment. The amount of each subsequent payment must be determined by this formula. Figure 1: 30 TAC sec.37.201(f)(1) (2) The owner or operator may accelerate payments into the trust fund or he may deposit the full amount of the current closure cost estimate at the time the fund is established. However, he must maintain the value of the fund at no less than the value that the fund would have if annual payments were made as specified in paragraph (1) of this subsection. (3) If the owner or operator establishes a trust fund after having used another financial assurance mechanism, the first payment must be at least equal to the amount that the fund would contain if the trust fund was established when the registration or permit was initially issued, and subsequent payments must be made as specified in paragraph (1) of this subsection. (g) After the initial payment for a fully-funded trust or after the pay-in period is completed for a pay-in trust, whenever the current closure cost estimate changes, the owner or operator must compare the new estimate with the trustee's most recent annual valuation of the trust fund. If the value of the fund is less than the amount of the new estimate, the owner or operator, within 60 days after the change in the cost estimate, must either deposit an amount into the fund so that its value after this deposit at least equals the amount of the current closure cost estimate, or obtain an additional financial assurance mechanism as specified in this subchapter to cover the difference. (h) If the value of the trust fund is greater than the total amount of the current closure cost estimate, the owner or operator may submit a written request to the executive director for release of the amount in excess of the current closure cost estimate. (i) Within 60 days after receiving a request from the owner or operator for release of funds as specified in subsection (h) of this section, the executive director, if he approves the request, shall instruct the trustee to release to the owner or operator such funds in writing. (j) After beginning closure, an owner or operator or any other person authorized by the executive director to perform closure may request reimbursement for closure expenditures by submitting itemized bills to the executive director. The owner or operator may request reimbursements for partial closure only if sufficient funds are remaining in the trust fund to cover the maximum costs of closing the facility over its remaining operating life. After receiving bills for closure activities, the executive director shall instruct the trustee to make reimbursement in such amounts as the executive director specifies in writing, if the executive director determines that the partial or final closure expenditures are in accordance with the approved closure plan, or otherwise justified. If the executive director has reason to believe that the cost of closure over the remaining life of the facility will be significantly greater than the value of the trust fund, the executive director may withhold reimbursement of such amounts as deemed prudent until it is determined, in accordance with Subchapters A and B of this chapter (relating to General Financial Assurance Requirements and Financial Assurance Requirements for Closure) that the owner or operator is no longer required to maintain financial assurance for final closure of the facility. (k) If an owner or operator substitutes other financial assurance as specified in this section for all or part of the trust fund, he may submit a written request to the executive director for release of the amount in excess of the current closure cost estimate covered by the trust fund. sec.37.221.Surety Bond Guaranteeing Performance for Closure. (a) An owner or operator may satisfy the requirements of financial assurance for closure by obtaining a surety bond which conforms to the requirements of this section, in addition to the requirements specified in Subchapters A and B of this chapter (relating to General Financial Assurance Requirements and Financial Assurance Requirements for Closure), and submitting an originally signed surety bond to the executive director. (b) The bond must, at a minimum, be among those listed as acceptable sureties on federal bonds in Circular 570 of the United States Department of Treasury. (c) The wording of the surety bond must be identical to the wording specified in sec.37.321 of this title (relating to Performance Bond). (d) A surety bond guaranteeing performance of closure must guarantee that the owner or operator shall: (1) perform closure in accordance with the closure plan or the closure requirements of the registration or permit for the facility whenever required to do so; and (2) provide alternate financial assurance as specified in this section, and obtain the executive director's written approval of the assurance provided within 90 days after receipt by both the owner or operator and the executive director of a notice of cancellation of the bond from the surety. (e) Under the terms of the bond, the surety shall become liable on the bond obligation when the owner or operator fails to perform as guaranteed by the bond. Following a determination by the executive director that the owner or operator has failed to perform closure in accordance with registration or permit requirements when required to do so, under terms of the bond the surety shall perform closure as guaranteed by the bond or shall deposit the amount of the penal sum of the bond into a standby trust, as specified in sec.37.161 of this title (relating to Establishment of a Standby Trust), as directed by the executive director to satisfy the financial assurance requirements. (f) Under the terms of the bond, the surety may cancel the bond by sending notice of cancellation by certified mail to the owner or operator and to the executive director. Cancellation of the bond may not occur, however, during the 120 days beginning on the date of the receipt of the notice of cancellation by both the owner or operator and the executive director, as evidenced by the return receipts. If the owner or operator fails to provide an alternate financial assurance mechanism as specified in this subchapter within 90 days of the receipt of notice of cancellation from the surety to the executive director and to the owner or operator, and obtain written approval of the alternate assurance from the executive director, the surety shall be required to perform under the terms of the bond. (g) The penal sum of the bond must be in an amount sufficient to satisfy the requirements for which financial assurance was required, or when a combination of mechanisms are used in accordance with sec.37.41 of this title (relating to Use of Multiple Financial Assurance Mechanisms), the penal sum of the bond plus the amount of the combined mechanism(s) must be at least equal to the current closure cost estimate. (h) The surety shall not be liable for deficiencies in the performance of closure by the owner or operator after the executive director releases the owner or operator from the requirements of this section, in accordance with Subchapter A of this chapter. sec.37.241.Insurance for Closure. (a) An owner or operator may satisfy the requirements of financial assurance for closure by obtaining insurance which conforms to the requirements of this section, in addition to the requirements specified in Subchapters A and B of this chapter (relating to General Financial Assurance Requirements and Financial Assurance Requirements for Closure), and submitting an originally signed certificate to the executive director. (b) At a minimum, the insurer must be licensed to transact the business of insurance, or eligible to provide insurance as an excess or surplus lines insurer, in one or more states. (c) The wording of the certificate of insurance must be identical to the wording specified in sec.37.341 of this title (relating to Certificate of Insurance). (d) The insurance policy must be issued for a face amount at least sufficient to satisfy the requirements for which financial assurance for closure is required, or when a combination of mechanisms are used in accordance with sec.37.41 of this title (relating to Use of Multiple Financial Assurance Mechanisms), the face amount plus the amount of the combined mechanism(s) must be at least equal to the current closure cost estimate. Actual payments by the insurer shall not change the face amount, although the insurer's future liability shall be lowered by the amount of the payments. (e) For a claims-made insurance policy, the owner or operator shall place in escrow, as instructed by the executive director, an amount sufficient to pay an additional year of premiums for renewal of the policy. When the owner or operator fails to provide an alternate financial assurance mechanism, the executive director may use these funds to renew the policy. (f) The insurance policy must guarantee that funds shall be available whenever needed to fulfill obligations of the insured under this chapter. The policy shall also guarantee that once closure of a facility for which closure insurance was provided begins, the issuer shall be responsible for paying out funds, up to an amount equal to the face amount of the policy, upon the direction of the executive director, to such party or parties as the executive director specifies. (g) After beginning closure of a facility, an owner or operator or any other person authorized to perform closure may request reimbursement for closure expenditures by submitting itemized bills to the executive director. Within 60 days after receiving bills for closure activities, the executive director shall determine whether the closure expenditures are in accordance with the closure plan or the closure requirements, and if so, he shall instruct the insurer to make reimbursement in such amounts as the executive director specifies in writing. If the executive director has reason to believe that the cost of closure will be significantly greater than the face amount of the policy, he may withhold reimbursement of such amounts as he deems prudent until he determines, in accordance with Subchapters A and B of this chapter, that the owner or operator is no longer required to maintain general financial assurance requirements for the facility. If the executive director does not instruct the insurer to make such reimbursements, he shall provide the owner or operator with a detailed written statement of reasons. (h) The owner or operator must maintain the policy in full force and effect until the executive director consents to termination of the policy by the owner or operator as specified in Subchapter A of this chapter. Failure to pay the premium, without substitution of alternate financial assurance as specified in this subchapter, shall constitute a violation of these regulations, warranting such remedy as the executive director deems necessary. Such violation shall be deemed to begin upon receipt by the executive director of a notice of cancellation, termination, or failure to renew due to nonpayment of the premium, rather than upon the date of expiration of the policy. (i) The policy must provide that the insurer may not cancel, terminate, or fail to renew the policy except for failure to pay the premium. The automatic renewal of the policy shall, at a minimum, provide the insured with the mechanism of renewal at the face amount of the expiring policy. If there is a failure to pay the premium, the insurer may elect to cancel, terminate, or fail to renew the policy by sending notice by certified mail to the owner or operator and the executive director. Cancellation, termination, or failure to renew may not occur, however, during 120 days beginning with the date of receipt of the notice by both the executive director and the owner or operator, as evidenced by the return receipts. (j) Cancellation, termination, or failure to renew may not occur and the policy shall remain in full force and effect in the event that on or before the date of expiration: (1) the executive director deems the facility abandoned; or (2) the registration or permit expires, is terminated, or revoked, or a new or renewal registration or permit is denied; or (3) closure is ordered by the executive director of the commission or by a United States district court or other court of competent jurisdiction; or (4) the owner or operator is named as debtor in a voluntary or involuntary proceeding under Title 11 (Bankruptcy), United States Code; or (5) the premium due is paid. (k) Each policy must contain a provision allowing assignment of the policy to a successor owner or operator. Such assignment may be conditional upon consent of the insurer, provided such consent is not unreasonably refused. 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 December 9, 1996. TRD-9617858 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Effective date: December 30, 1996 Proposal publication date: July 26, 1996 For further information, please call: (512) 239-1966 SUBCHAPTER D.Wording of the Mechanisms for Closure 30 TAC sec.sec.37.301, 37.311, 37.321, 37.331, 37.341, 37.351, 37.361 The new sections are proposed under Texas Water Code, sec.sec.5.103, 5.105, 13.041, 26.011, 26.341-26.363, 27.019, 32.009, 33.007, and 34.006 and Texas Health and Safety Code, sec.sec.341.002, 341.031, 361.011, 361.017, 361.024, 366.012, 382.017, 401.011, 401.051, and 401.412, which authorize the commission to adopt any rules necessary to carry out its powers and duties under the Water Code and other laws of Texas and to establish and approve all general policy of the commission. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on December 9, 1996. TRD-9617859 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Effective date: December 30, 1996 Proposal publication date: July 26, 1996 For further information, please call: (512) 239-1966 SUBCHAPTER E.Financial Assurance Requirements for Liability Coverage 30 TAC sec.sec.37.400, 37.401, 37.411 The new sections are proposed under Texas Water Code, sec.sec.5.103, 5.105, 13.041, 26.011, 26.341-26.363, 27.019, 32.009, 33.007, and 34.006 and Texas Health and Safety Code, sec.sec.341.002, 341.031, 361.011, 361.017, 361.024, 366.012, 382.017, 401.011, 401.051, and 401.412, which authorize the commission to adopt any rules necessary to carry out its powers and duties under the Water Code and other laws of Texas and to establish and approve all general policy of the commission. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on December 9, 1996. TRD-9617860 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Effective date: December 30, 1996 Proposal publication date: July 26, 1996 For further information, please call: (512) 239-1966 SUBCHAPTER F.Financial Assuance Mechanisms for Liability 30 TAC sec.sec.37.501, 37.511, 37.521, 37.531, 37.541, 37.551 The new sections are proposed under Texas Water Code, sec.sec.5.103, 5.105, 13.041, 26.011, 26.341-26.363, 27.019, 32.009, 33.007, and 34.006 and Texas Health and Safety Code, sec.sec.341.002, 341.031, 361.011, 361.017, 361.024, 366.012, 382.017, 401.011, 401.051, and 401.412, which authorize the commission to adopt any rules necessary to carry out its powers and duties under the Water Code and other laws of Texas and to establish and approve all general policy of the commission. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on December 9, 1996. TRD-9617861 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Effective date: December 30, 1996 Proposal publication date: July 26, 1996 For further information, please call: (512) 239-1966 SUBCHAPTER G.Wording of the Mechanisms for Liability 30 TAC sec.sec.37.601, 37.611, 37.621, 37.631, 37.641, 37.651, 37.661 The new sections are proposed under Texas Water Code, sec.sec.5.103, 5.105, 13.041, 26.011, 26.341-26.363, 27.019, 32.009, 33.007, and 34.006 and Texas Health and Safety Code, sec.sec.341.002, 341.031, 361.011, 361.017, 361.024, 366.012, 382.017, 401.011, 401.051, and 401.412, which authorize the commission to adopt any rules necessary to carry out its powers and duties under the Water Code and other laws of Texas and to establish and approve all general policy of the commission. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on December 9, 1996. TRD-9617862 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Effective date: December 30, 1996 Proposal publication date: July 26, 1996 For further information, please call: (512) 239-1966 SUBCHAPTER J.Financial Assurance for Permitted Compost Facilities 30 TAC sec.sec.37.901, 37.911, 37.921, 37.931 The new sections are proposed under Texas Water Code, sec.sec.5.103, 5.105, 13.041, 26.011, 26.341-26.363, 27.019, 32.009, 33.007, and 34.006 and Texas Health and Safety Code, sec.sec.341.002, 341.031, 361.011, 361.017, 361.024, 366.012, 382.017, 401.011, 401.051, and 401.412, which authorize the commission to adopt any rules necessary to carry out its powers and duties under the Water Code and other laws of Texas and to establish and approve all general policy of the commission. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on December 9, 1996. TRD-9617863 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Effective date: December 30, 1996 Proposal publication date: July 26, 1996 For further information, please call: (512) 239-1966 SUBCHAPTER K.Financial Assurance Requirements for Class A or B Petroleum-Substance Contaminated Soil Storage, Treatment, and Reuse Facilities 30 TAC sec.sec.37.1001, 37.1011, 37.1021 The new sections are proposed under Texas Water Code, sec.sec.5.103, 5.105, 13.041, 26.011, 26.341-26.363, 27.019, 32.009, 33.007, and 34.006 and Texas Health and Safety Code, sec.sec.341.002, 341.031, 361.011, 361.017, 361.024, 366.012, 382.017, 401.011, 401.051, and 401.412, which authorize the commission to adopt any rules necessary to carry out its powers and duties under the Water Code and other laws of Texas and to establish and approve all general policy of the commission. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on December 9, 1996. TRD-9617864 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Effective date: December 30, 1996 Proposal publication date: July 26, 1996 For further information, please call: (512) 239-1966 CHAPTER 332.Composting SUBCHAPTER D.Operations Requiring a Permit 30 TAC sec.332.47 The commission adopts an amendment to sec.332.47, concerning financial assurance requirements, without changes to the proposed text as published in the July 26, 1996, issue of the Texas Register (21 TexReg 6972) and will not be republished. Owners or operators seeking permits for compost facilities must provide evidence of financial responsibility for closure. This requirement is authorized by Texas Health and Safety Code, sec.361.085 and promulgated as sec.332.47(9). EXPLANATION OF ADOPTED RULE. This change to Chapter 332 is adopted concurrently as a companion rule with a new 30 TAC Chapter 37, concerning Financial Assurance. New Chapter 37 contains standard financial assurance wording of the mechanisms and requirements for financial responsibility and places them in one rule chapter. Initially, this chapter provides financial assurance requirements for permitted composting facilities and registered Class A or B petroleum- substance contaminated soil storage, treatment, and reuse facilities. The amendment to sec.332.47, concerning Permit Application Preparation, reflects the requirement upon owners and operators of compost facilities to use the documents and language from Chapter 37. These facilities are already required to provide evidence of financial assurance to the commission. This will merely formalize the requirements already in place for financial assurance mechanisms. TAKINGS IMPACT ASSESSMENT. The commission has prepared a Takings Impact Assessment for the amendment to this section pursuant to Texas Government Code, sec.2007.043. The following is a summary of that assessment. The purpose of the amendment is to begin the consolidation of financial assurance requirements. The amendment substantially advances this purpose by making financial assurance for permitted composting facilities subject to the financial assurance requirements of Chapter 37. Promulgation and enforcement of this rule will not affect private real property because it adds no new financial assurance requirements and it does not adversely affect property values. Also, the following exceptions to the application of Texas Government Code, sec.2007.003(b) apply to these rules: the action significantly advances the health and safety purpose and imposes no greater burden than is necessary to achieve the health and safety purpose. HEARING AND COMMENTERS. A public hearing was held to receive oral and written comment on the proposed rule at commission offices in Austin on August 29, 1996. The public comment period closed August 29, 1996. No oral or written comments were received on this proposal at the public hearing or during the public comment period. STATUTORY AUTHORITY. The amendment is proposed under Texas Water Code, sec.sec.5.103, 5.105, 13.041, 26.011, 26.341-26.363, 27.019, 32.009, 33.007, and 34.006 and Texas Health and Safety Code, sec.sec.341.002, 341.031, 361.011, 361.017, 361.024, 366.012, 382.017, 401.011, 401.051, and 401.412, which authorize the commission to adopt any rules necessary to carry out its powers and duties under the Water Code and other laws of Texas and to establish and approve all general policy of the commission. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on December 9, 1996. TRD-9617865 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Effective date: December 30, 1996 Proposal publication date: July 26, 1996 For further information, please call: (512) 239-1966 TITLE 31. NATURAL RESOURCES AND CONSERVATION PART I. Texas Parks and Wildlife Department CHAPTER 51.Executive Nonprofit Organizations 31 TAC sec.sec.51.161-51.164 The Texas Parks and Wildlife Commission in a regularly scheduled public hearing, November 7, 1996, adopted new sec.sec.51.161-51.164, concerning Non-Profit Organizations, without changes to the proposed text as published in the June 25, 1996 issue of the Texas Register (21 TexReg 5844). Provisions of the Civil Statutes require agencies to promulgate rules concerning relationships with nonprofit organizations. As part of the Commission Regulations Sunset Process, rules concerning nonprofit organizations were recodified from existing sec.sec.63.21, 63.23, 63.25, and 63.27, and were simplified. The new rules add eight organizations to the list of nonprofit organizations which are considered by the department to be closely related nonprofit organizations. The new rules also provide clear guidelines concerning the department's relationship with nonprofit organizations. The department received no comments concerning the proposed repeal. The new rules are adopted under authority of Civil Statutes, Articles 6352-11(f) and 6252- 13a, which provide the Texas Parks and Wildlife Commission authority to promulgate rules. 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 December 10, 1996. TRD-9617928 Bill Harvey Regulatory Coordinator Texas Parks and Wildlife Department Effective date: December 31, 1996 Proposal publication date: June 25, 1996 For further information, please call: (512) 389-4642 CHAPTER 63.Administration Nonprofit Organizations 31 TAC sec.sec.63.21, 63.23, 63.25, 63.27 The Texas Parks and Wildlife Commission in a regularly scheduled public hearing, November 7, 1996, adopts repeal of sec.sec.63.21, 63.23, 63.25 and 63.27, concerning Non-Profit Organizations, without changes to the proposed text as published in the June 25, 1996 issue of the Texas Register (21 TexReg 5847). The repeal of these sections was undertaken as part of the Commission Regulations Sunset process. These sections were recodified in 31 TAC sec.sec.51.161-51.164. The repeal removes redundant sections from the Texas Administrative Code. The department received no comments concerning the proposed repeal. The repeal of rules is adopted under authority of Texas Civil Statutes, Articles 6352-11(f) and 6252-13a, which provide the Texas Parks and Wildlife Commission authority to promulgate rules. 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 December 10, 1996. TRD-9617936 Bill Harvey Regulatory Coordinator Texas Parks and Wildlife Department Effective date: December 31, 1996 Proposal publication date: June 25, 1996 For further information, please call: (512) 389-4642 CHAPTER 69.Resource Protection Fish and Wildlife Values 31 TAC sec.69.19 The Texas Parks and Wildlife Commission in a regularly scheduled public hearing, November 7, 1996, adopts new sec.69.19, concerning Fish and Wildlife Values, without changes to the proposed text as published in the October 4, 1996 issue of the Texas Register (21 TexReg 9622). New sec.69.19 also clearly states the department's intention to actively seek full restitution or restoration of fish, wildlife and habitat loss which may occur as a result of human activities. The new section consolidates under one undesignated head regulations concerning civil restitution for fish and wildlife taken in violation of the law. Implementation of the new section will increase recovery of costs related to loss of fish and wildlife activities resulting from illegal take of these species. The department received no comments concerning the proposed new section. The new rule is adopted under Parks and Wildlife Code, sec.12.302 and Water Code, sec.26.124, which provide Parks and Wildlife Commission authority to promulgate rules to establish guidelines for determining the value of injured or destroyed fish, shellfish, reptiles, amphibians, birds and animals. 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 December 10, 1996. TRD-9618000 Bill Harvey Regulatory Coordinator Texas Parks and Wildlife Department Effective date: December 31, 1996 Proposal publication date: October 4, 1996 For further information, please call: (512) 389-4642 TITLE 34. PUBLIC FINANCE PART V. Texas County and District Retirement System CHAPTER 103. Calculations or Types of Benefits 34 TAC sec.103.4. The Texas County and District Retirement System adopts new sec.103.4, concerning the years of a member's attained age to be used in the determination of a member's eligibility to retire and receive a service retirement annuity. Specifically, under sec.844.210(c)(2) and sec.844.211(c)(1) of the Texas Government Code, a member may become eligible to retire and receive a service retirement annuity if the total of the member's years of credited service when added to the member's years of attained age equals or exceeds a certain sum. This new rule defines the phrase "years of a member's attained age" to mean whole years of attained age. Partial years of age are not considered in the calculation for retirement eligibility. This rule is adopted solely to clarify the language of sec.sec.844.210(c)(2) and 844.211(c)(1) and does not change, alter or affect the manner in which the retirement eligibility of a member has been or will be determined. New sec.103.4 is adopted without changes to the proposed text as published in the September 20, 1996, issue of the Texas Register (21 TexReg 9058). This new rule will provide a better understanding among the membership regarding the method of determining eligibility for retirement under a formula based on a combination of years of credited service and years of attained age. By clarifying the manner of calculating retirement eligibility, the new section will help members to accurately determine and plan for an effective retirement date. No comments were received regarding the adoption of this new section. This new section is adopted under Government Code, sec.845.102 which provides the board of trustees of the Texas County and District Retirement System with the authority to adopt rules necessary or desirable for the effective administration of the System. 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 December 10, 1996. TRD-9617920 Terry Horton Director Texas County and District Retirement System Effective date: December 31, 1996 Proposal publication date: September 20, 1996 For further information, please call: (512) 328-8889 CHAPTER 107. Miscellaneous Rules 34 TAC sec.107.4 The Texas County and District Retirement System adopts new sec.107.4, concerning the limitations on the payment of benefits under sec.844.008 of the Texas Government Code. Specifically, those statutory limitations conform to the limitations under sec.415 of the Internal Revenue Code as in effect prior to the enactment of Public Law 104-188, and were adopted to maintain the status of the Texas County and District Retirement System as a qualified plan under the Internal Revenue Code. The amendments to sec.415 now exempt governmental plans from benefit limitations based on a member's average compensation and from benefit reductions based on the ages of disabled retirees and deceased members. Section 844.008(j) authorizes the board of trustees to eliminate by rule those limitations provided in sec.844.008 which are not required of governmental plans to constitute qualified plans. New sec.107.4 is adopted with a change to the proposed text as published in the September 20, 1996, issue of the Texas Register (21 TexReg 9058). The change to the proposed rule occurred in subparagraph (A) of paragraph 2 where the words "former member" were replaced with the word "employee". The change clarifies that the exemption from the limitation applies to benefits paid as a result of an in-service death. With the enactment of Public Law 104-188, the limitations on the payment of benefits under sec.844.008 are more restrictive than necessary for the System to maintain its qualified status under the Internal Revenue Code. This new rule is adopted to remove those statutory limitations on the payment of benefits which are no longer required of governmental plans to constitute qualified plans. This new section causes the Texas County and District Retirement System to operate in conformity with those limitations on the payment of benefits applicable to qualified governmental plans under sec.415 of the Internal Revenue Code. The effect of this rule will be that persons retiring under the System will receive their full accrued benefit to the extent that such benefit does not exceed the limitations of sec.415 of the Internal Revenue Code as amended by Public Law 104-188. No comments were received regarding the adoption of this new section. This new section is authorized under Government Code, sec.844.008(j) which allows the board of trustees of the Texas County and District Retirement System to act by rule in this matter, and is adopted under Government Code, sec.845.102 which provides the board of trustees with the authority to adopt rules necessary or desirable for the effective administration of the System. sec.107.4. Conformity with Internal Revenue Code: Preservation of Benefits. Pursuant to the authority of the board of trustees to act by rule under sec.844.008(j), and in accordance with sec.415 of the Internal Revenue Code as amended by Public Law 104-188, the annual benefit payable under Subtitle F of Title 8 of the Texas Government Code (the 'Act') shall not be reduced under sec.844.008 of the Act except in conformity with those limitations on the payment of benefits as set forth in the Internal Revenue Code and as that Code applies from time to time to the Texas County and District Retirement System. For years beginning after December 31, 1994: (1) The limitation on the payment of benefits by the retirement system on behalf of a person who has retired under the Act shall be determined without regard to sec.844.008(d)(2). (2) The limitation on the payment of benefits by the retirement system to: (A) the survivor, beneficiary, or estate of any deceased employee; or (B) a former member who has retired under the disability retirement provisions of the Act shall be determined without regard to sec.844.008(d)(2) and sec.844.008(e). 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 December 10, 1996. TRD-9617919 Terry Horton Director Texas County and District Retirement System Effective date: December 31, 1996 Proposal publication date: September 20, 1996 For further information, please call: (512) 328-8889 TITLE 40. SOCIAL SERVICES AND ASSISTANCE PART I. Texas Department of Human Services CHAPTER 3.Income Assistance Services The Texas Department of Human Services (DHS) adopts amendments to sec.sec.3.1201-3.1203, sec.3.5006, and sec.sec.3.6001-3.6004, without changes to the proposed text published in the November 1, 1996, issue of the Texas Register (21 TexReg 10805). The justification for the amendments to sec.sec.3.1201-3.1203 is to delete obsolete references to the McClennan County Employment and Training Bond Project which ended on August 31, 1996. Work registration and food stamp employment services are applied differently effective September 1, 1996. The justification for the amendment to sec.3.5006 revises the rules to allow for more than a $50 limit on manual voucher system and to allow an extension on the amount of time the retailer has to report this transaction. The justification for the amendments to sec.sec.3.6001-3.6004 reflect a change in the method used to track clients participating in the welfare reform demonstration project. The change is a result of a clarification from the Department of Health and Human Services (DHHS). The amendments of sec.sec.3.1201-3.1203 will function by deleting obsolete language regarding the employment and training special project in McClennan County. The amendments to sec.3.5006 and sec.sec.3.6001-3.6004 will function by modifying the pilot indicator rules pertaining to welfare reform tracking procedures as clarified by the Department of Health and Human Services and modify rules for Electronic Benefit Transfer retailers. No comments were received regarding adoption of the amendments. SUBCHAPTER L.Work Registration 40 TAC sec.sec.3.1201-3.1203 The amendments are adopted under the Human Resources Code, Title 2, Chapter 22, which provides the department with the authority to administer public assistance programs. The amendments implement the Human Resources Code, sec.sec.22.001-22.030. 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 December 10, 1996. TRD-9617899 Glenn Scott General Counsel, Legal Services Texas Department of Human Services Effective date: January 1, 1997 Proposal publication date: November 1, 1996 For further information, please call: (512) 438-3765 SUBCHAPTER OO.Electronic Benefit Transfer (EBT) Retailer Requirements 40 TAC sec.3.5006 The amendment is adopted under the Human Resources Code, Title 2, Chapter 22, which provides the department with the authority to administer public assistance programs. The amendments implement the Human Resources Code, sec.sec.22.001-22.030. 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 December 10, 1996. TRD-9617900 Glenn Scott General Counsel, Legal Services Texas Department of Human Services Effective date: January 1, 1997 Proposal publication date: November 1, 1996 For further information, please call: (512) 438-3765 SUBCHAPTER PP.Applicability of Policies Resulting from House Bill 1863 40 TAC sec.sec.3.6001-3.6004 The amendments are adopted under the Human Resources Code, Title 2, Chapter 22, which provides the department with the authority to administer public assistance programs. The amendments implement the Human Resources Code sec.sec.22.001-22.030. 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 December 10, 1996. TRD-9617901 Glenn Scott General Counsel, Legal Services Texas Department of Human Services Effective date: January 1, 1997 Proposal publication date: November 1, 1996 For further information, please call: (512) 438-3765 CHAPTER 10.Self Support-services Refugee Resettlement and Cuban/Haitian Entrant Services 40 TAC sec.10.5001 The Texas Department of Human Services (DHS) adopts the repeal of sec.10.5001, concerning refugee resettlement and Cuban/Haitian entrant services, in its Self- support Services rule chapter, without changes to the proposed text published in the November 1, 1996, issue of the Texas Register (21 TexReg 10809). The justification for the repeal is to delete the section because DHS no longer has social services provided through that social services unit. This unit was transferred to the Texas Workforce Commission effective June 1, 1996. The repeal will function by deleting obsolete rules pertaining to refugee social services. No comments were received regarding adoption of the repeal. The repeal is adopted under the Human Resources Code, Title 2, Chapter 22, which provides the department with the authority to administer public assistance programs. The repeal implements the Human Resources Code, sec.sec.22.001-22.030. 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 December 10, 1996. TRD-9617902 Glenn Scott General Counsel, Legal Services Texas Department of Human Services Effective date: December 31, 1996 Proposal publication date: November 1, 1996 For further information, please call: (512) 438-3765