ADOPTED RULES An agency may take final action on a section 30 days after a proposal has been published in the Texas Register. The section becomes effective 20 days after the agency files the correct document with the Texas Register, unless a later date is specified or unless a federal statute or regulation requires implementation of the action on shorter notice. If an agency adopts the section without any changes to the proposed text, only the preamble of the notice and statement of legal authority will be published. If an agency adopts the section with changes to the proposed text, the proposal will be republished with the changes. TITLE 1. ADMINISTRATION PART I. Office of the Governor CHAPTER 3. Criminal Justice Division The Office of the Governor adopts the repeal of Chapter Three, sec.sec.3.11, 3.12, 3.21, 3.31-3.34, 3.41-3.53, 3.61-3.84, 3.91-3.96, 3.100-3.107, 3.401- 3.438, 3.501-3.540, 3.601-3.644, 3.701-3.706, 3.721-3.725, 3.741-3.744, 3.761- 3.763, 3.811, 3.812, 3.821, 3.831-3.838, 3.841-3.843, 3.851-3.873, 3.881 and 3.911-3.920, concerning the Criminal Justice Division. Subchapter A concerns Criminal Justice. Subchapter B concerns Crime Stoppers Advisory Council Membership and organization of the council. Subchapter C concerns Administration of Narcotics Control Program. The new rules replacing these repealed rules were published and contemporaneously proposed for adoption in the October 11, 1996, issue of the Texas Register (21 TexReg 9705). The repeals are adopted without changes and will not be republished. No other comments to the proposed repeals were received. Please note that the authorizing statutes listed in the proposed repeals published in the October 11, 1996, issue of the Texas Register were incorrect. The correct authorizing statute is Texas Government Code, Title 7, sec.772.006 (a)(11). SUBCHAPTER A. Criminal Justice General Powers 1 TAC sec.3.11, sec.3.12 The repeals are authorized under Texas Government Code, Title 7, sec.772.006 (a)(11)[sc2] which provides the Office of the Governor, Criminal Justice Division the authority to promulgate rules consistent with the Code. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on February 12, 1997. TRD-9702027 Pete Wassdorf Deputy General Counsel Office of the Governor Effective date: March 5, 1997 Proposal publication date: October 11, 1996 For further information, please call: (512) 475-2595 Applicable Statutes, Documents and Forms 1 TAC sec.3.21 The repeal is authorized under Texas Government Code, Title 7, sec.772.006 (a)(11)[sc1] which provides the Office of the Governor, Criminal Justice Division the authority to promulgate rules consistent with the Code. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on February 12, 1997. TRD-9702028 Pete Wassdorf Deputy General Counsel Office of the Governor Effective date: March 5, 1997 Proposal publication date: October 11, 1996 For further information, please call: (512) 475-2595 Juvenile Justice and Delinquency Prevention Advisory Board 1 TAC sec.sec.3.31-3.34 The repeals are authorized under Texas Government Code, Title 7, sec.772.006 (a)(11)[sc2] which provides the Office of the Governor, Criminal Justice Division the authority to promulgate rules consistent with the Code. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on February 12, 1997. TRD-9702029 Pete Wassdorf Deputy General Counsel Office of the Governor Effective date: March 5, 1997 Proposal publication date: October 11, 1996 For further information, please call: (512) 475-2595 Eligible Applicants and Application Processing 1 TAC sec.sec.3.41-3.53 The repeals are authorized under Texas Government Code, Title 7, sec.772.006 (a)(11)[sc3] which provides the Office of the Governor, Criminal Justice Division the authority to promulgate rules consistent with the Code. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on February 12, 1997. TRD-9702030 Pete Wassdorf Deputy General Counsel Office of the Governor Effective date: March 5, 1997 Proposal publication date: October 11, 1996 For further information, please call: (512) 475-2595 Implementation and Operation of Projects 1 TAC sec.sec.3.61-3.84 The repeals are authorized under Texas Government Code, Title 7, sec.772.006 (a)(11)[sc4] which provides the Office of the Governor, Criminal Justice Division the authority to promulgate rules consistent with the Code. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on February 12, 1997. TRD-9702031 Pete Wassdorf Deputy General Counsel Office of the Governor Effective date: March 5, 1997 Proposal publication date: October 11, 1996 For further information, please call: (512) 475-2595 Continuation of Funding Policy for Local Projects 1 TAC sec.sec.3.91-3.96 The repeals are authorized under Texas Government Code, Title 7, sec.772.006 (a)(11)[sc5] which provides the Office of the Governor, Criminal Justice Division the authority to promulgate rules consistent with the Code. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on February 12, 1997. TRD-9702032 Pete Wassdorf Deputy General Counsel Office of the Governor Effective date: March 5, 1997 Proposal publication date: October 11, 1996 For further information, please call: (512) 475-2595 Audits of Criminal Justice Division Projects and Audit Report Exceptions 1 TAC sec.sec.3.100-3.107 The repeals are authorized under Texas Government Code, Title 7, sec.772.006 (a)(11)[sc6] which provides the Office of the Governor, Criminal Justice Division the authority to promulgate rules consistent with the Code. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on February 12, 1997. TRD-9702033 Pete Wassdorf Deputy General Counsel Office of the Governor Effective date: March 5, 1997 Proposal publication date: October 11, 1996 For further information, please call: (512) 475-2595 Administration of the Renovation and/or Operation of Jail Facilities Assistance Program 1 TAC sec.sec.3.401-3.438 The repeals are authorized under Texas Government Code, Title 7, sec.772.006 (a)(11)[sc7] which provides the Office of the Governor, Criminal Justice Division the authority to promulgate rules consistent with the Code. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on February 12, 1997. TRD-9702034 Pete Wassdorf Deputy General Counsel Office of the Governor Effective date: March 5, 1997 Proposal publication date: October 11, 1996 For further information, please call: (512) 475-2595 Administration of the Crime Stoppers Assistance Program 1 TAC sec.sec.3.501-3.540 The repeals are authorized under Texas Government Code, Title 7, sec.772.006 (a)(11)[sc8] which provides the Office of the Governor, Criminal Justice Division the authority to promulgate rules consistent with the Code. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on February 12, 1997. TRD-9702035 Pete Wassdorf Deputy General Counsel Office of the Governor Effective date: March 5, 1997 Proposal publication date: October 11, 1996 For further information, please call: (512) 475-2595 Administration of the Crime Victims Assistance Program 1 TAC sec.sec.3.601-3.644 The repeals are authorized under Texas Government Code, Title 7, sec.772.006 (a)(11)[sc9] which provides the Office of the Governor, Criminal Justice Division the authority to promulgate rules consistent with the Code. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on February 12, 1997. TRD-9702036 Pete Wassdorf Deputy General Counsel Office of the Governor Effective date: March 5, 1997 Proposal publication date: October 11, 1996 For further information, please call: (512) 475-2595 SUBCHAPTER B. Crime Stoppers Advisory Council Membership and Organization of the Council Membership and Organization of the Council 1 TAC sec.sec.3.701-3.706 The repeals are authorized under Texas Government Code, Title 7, sec.772.006 (a)(11)[sc10] which provides the Office of the Governor, Criminal Justice Division the authority to promulgate rules consistent with the Code. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on February 12, 1997. TRD-9702037 Pete Wassdorf Deputy General Counsel Office of the Governor Effective date: March 5, 1997 Proposal publication date: October 11, 1996 For further information, please call: (512) 475-2595 Local Crime Stoppers Programs 1 TAC sec.sec.3.721-3.725 The repeals are authorized under Texas Government Code, Title 7, sec.772.006 (a)(11)[sc11] which provides the Office of the Governor, Criminal Justice Division the authority to promulgate rules consistent with the Code. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on February 12, 1997. TRD-9702038 Pete Wassdorf Deputy General Counsel Office of the Governor Effective date: March 5, 1997 Proposal publication date: October 11, 1996 For further information, please call: (512) 475-2595 Reward Program 1 TAC sec.sec.3.741-3.744 The repeals are authorized under Texas Government Code, Title 7, sec.772.006 (a)(11)[sc12] which provides the Office of the Governor, Criminal Justice Division the authority to promulgate rules consistent with the Code. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on February 12, 1997. TRD-9702039 Pete Wassdorf Deputy General Counsel Office of the Governor Effective date: March 5, 1997 Proposal publication date: October 11, 1996 For further information, please call: (512) 475-2595 Hotline Program 1 TAC sec.sec.3.761-3.763 The repeals are authorized under Texas Government Code, Title 7, sec.772.006 (a)(11)[sc13] which provides the Office of the Governor, Criminal Justice Division the authority to promulgate rules consistent with the Code. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on February 12, 1997. TRD-9702040 Pete Wassdorf Deputy General Counsel Office of the Governor Effective date: March 5, 1997 Proposal publication date: October 11, 1996 For further information, please call: (512) 475-2595 SUBCHAPTER C. Administration of Narcotics Control Program General Powers 1 TAC sec.3.811, sec.3.812 The repeals are authorized under Texas Government Code, Title 7, sec.772.006 (a)(11)[sc14] which provides the Office of the Governor, Criminal Justice Division the authority to promulgate rules consistent with the Code. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on February 12, 1997. TRD-9702042 Pete Wassdorf Deputy General Counsel Office of the Governor Effective date: March 5, 1997 Proposal publication date: October 11, 1996 For further information, please call: (512) 475-2595 Applicable Statutes, Documents, and Forms 1 TAC sec.3.821 The repeal is authorized under Texas Government Code, Title 7, sec.772.006 (a)(11)[sc15] which provides the Office of the Governor, Criminal Justice Division the authority to promulgate rules consistent with the Code. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on February 12, 1997. TRD-9702043 Pete Wassdorf Deputy General Counsel Office of the Governor Effective date: March 5, 1997 Proposal publication date: October 11, 1996 For further information, please call: (512) 475-2595 Eligible Applicants and Application Processing 1 TAC sec.sec.3.831-3.838 The repeals are authorized under Texas Government Code, Title 7, sec.772.006 (a)(11)[sc16] which provides the Office of the Governor, Criminal Justice Division the authority to promulgate rules consistent with the Code. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on February 12, 1997. TRD-9702044 Pete Wassdorf Deputy General Counsel Office of the Governor Effective date: March 5, 1997 Proposal publication date: October 11, 1996 For further information, please call: (512) 475-2595 Project Requirements 1 TAC sec.sec.3.841-3.843 The repeals are authorized under Texas Government Code, Title 7, sec.772.006 (a)(11)[sc17] which provides the Office of the Governor, Criminal Justice Division the authority to promulgate rules consistent with the Code. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on February 12, 1997. TRD-9702045 Pete Wassdorf Deputy General Counsel Office of the Governor Effective date: March 5, 1997 Proposal publication date: October 11, 1996 For further information, please call: (512) 475-2595 Implementation and Operation of Projects 1 TAC sec.sec.3.851-3.873 The repeals are authorized under Texas Government Code, Title 7, sec.772.006 (a)(11)[sc18] which provides the Office of the Governor, Criminal Justice Division the authority to promulgate rules consistent with the Code. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on February 12, 1997. TRD-9702046 Pete Wassdorf Deputy General Counsel Office of the Governor Effective date: March 5, 1997 Proposal publication date: October 11, 1996 For further information, please call: (512) 475-2595 Continuation Funding Policy for Projects 1 TAC sec.3.881 The repeal is authorized under Texas Government Code, Title 7, sec.772.006 (a)(11)[sc19] which provides the Office of the Governor, Criminal Justice Division the authority to promulgate rules consistent with the Code. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on February 12, 1997. TRD-9702047 Pete Wassdorf Deputy General Counsel Office of the Governor Effective date: March 5, 1997 Proposal publication date: October 11, 1996 For further information, please call: (512) 475-2595 Audits of Criminal Justice Division Projects and Audit Report Exceptions 1 TAC sec.sec.3.911-3.920 The repeals are authorized under Texas Government Code, Title 7, sec.772.006 (a)(11)[sc19] which provides the Office of the Governor, Criminal Justice Division the authority to promulgate rules consistent with the Code. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on February 12, 1997. TRD-9702041 Pete Wassdorf Deputy General Counsel Office of the Governor Effective date: March 5, 1997 Proposal publication date: October 11, 1996 For further information, please call: (512) 475-2595 TITLE 13. CULTURAL RESOURCES PART I. Texas State Library and Archives Commission CHAPTER 2. General Policies and Procedures Public Record Fees 13 TAC sec.2.51 The Texas State Library and Archives Commission adopts an amendment to sec.2.51, concerning fees for copies of public records and library resource materials, adopted without changes to the proposed text as published in the October 25, 1996, issue of the Texas Register (21 TexReg 10481). This rule is being amended to revise the Commission's fee schedule for copies of public records and library resource materials. This rule adopts fees consistent with the schedule of charges for providing copies of public information set forth by the General Services Commission to implement the provisions of Government Code, Chapter 552. No comments were received regarding adoption of the amendment. The amendment is adopted under Government Code, Chapter 441, Subchapter A, sec.441.006 and Chapter 603, sec.603.004(b), which provide the Texas State Library and Archives Commission with the authority to govern the State Library and to establish copy 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 February 11, 1997. TRD-9701971 Raymond Hitt Assistant State Librarian Texas State Library and Archives Commission Effective date: March 4, 1997 Proposal publication date: October 25, 1996 For further information, please call: (512) 463-5436 TITLE 22. EXAMINING BOARDS PART XXII. Texas State Board of Public Accountancy CHAPTER 501.Professional Conduct General Provisions 22 TAC sec.501.2 The Texas State Board of Public Accountancy adopts an amendment to sec.501.2, without changes to the proposed text published in the December 6, 1996, issue of the Texas Register (21TexReg 11710). The amendment allows a clear definition of Commissions. The amendment will function by helping CPA's have a clear understanding of the Board's definition of Commissions. No comments were received concerning adoption of the amendment. The rule is adopted under Texas Civil Statutes, Article 41a-1, sec.6, which provide the Texas State Board of Public Accountancy with the authority to make such rules as may be necessary or advisable to carry in effect the purposes of the law. 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 January 23, 1997. TRD-9701984 William Treacy Executive Director Texas State Board of Public Accountancy Effective date: March 5, 1997 Proposal publication date: December 6, 1996 For further information, please call: (512) 505-5566 CHAPTER 523.Continuing Professional Education Mandatory Continuing Professional Education (CPE) Program 22 TAC sec.523.62 The Texas State Board of Public Accountancy adopts an amendment to sec.523.62, without changes to the proposed text published in the December 6, 1996, issue of the Texas Register (21 TexReg 11711). The amendment clarifies that a licensee must report minimum CPE pursuant to sec.523.63 (relating to Mandatory CPE Attendance) and states that failure to so report subjects a licensee to disciplinary action. The amendment will function by requiring licensees to report completion of continuing professional education in order to receive a license and subjecting them to disciplinary action for failure to report completion of the CPE. No comments were received concerning adoption of the amendment. The rule is adopted under Texas Civil Statutes, Article 41a-1, sec.6, which provide the Texas State Board of Public Accountancy with the authority to make such rules as may be necessary or advisable to carry in effect the purposes of the law; and 15A, which requires CPE and which authorizes the Board to promulgate rules on CPE. 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 January 23, 1997. TRD-9701985 William Treacy Executive Director Texas State Board of Public Accountancy Effective date: March 5, 1997 Proposal publication date: December 6, 1996 For further information, please call: (512) 505-5566 TITLE 31. NATURAL RESOURCES AND CONSERVATION PART II. Texas Parks and Wildlife Department CHAPTER 57.Fisheries Consistency with Federal Regulations in the Exclusive Economic Zone 31 TAC sec.57.801 The Texas Parks and Wildlife Commission in a regularly scheduled public hearing, January 23, 1997, adopts an amendment to sec.57.801, concerning the Exclusive Economic Zone (EEZ), with changes to proposed text as published in the December 20, 1996, issue of the Texas Register (21 TexReg 12290). The amendments clarify the rulemaking process and add language which limits the action period to the effective period of the respective federal regulations in the EEZ. Amendments to the proposed rule clarify but do not change the intent of the responsibilities of the executive director whereby any action taken by the executive director shall be deemed to be in the best interest of the State of Texas. The passage of Senate Bill 733 by the 74th Legislature provided the Commission with the authority to delegate to the Executive Director the duties, responsibilities, and authority to take action as necessary to modify state coastal fisheries regulations in order to provide consistency with federal regulations in the EEZ. The changes as adopted will ensure more complete consistency of regulations in state coastal waters with federal regulations implemented in the EEZ, allow better and more timely management of species which migrate between state and federal waters off Texas, and will improve law enforcement while reducing confusion for Gulf recreational and commercial fishermen. No public comments were received regarding proposed changes and amendments to proposed changes. The amendment is adopted under authority of Parks and Wildlife Code, Chapter 79, sec.79.002). sec.57.801.Powers of the Executive Director. (a) The executive director shall have the duties, responsibilities, and authority to take action as necessary, including but not limited to emergency rulemaking, to modify state coastal fisheries regulations to conform with federal regulations in the Exclusive Economic Zone, when such action is deemed to be in the best interest of the State of Texas. (b) The executive director shall promptly notify the chairman of the commission when any such action is required and prior to any such action being taken. (c) The executive director shall cause to be published in the Texas Register a public notice of any action taken, including the period during which such action is to be in effect, pursuant to subsection (a) of this section. (d) Any action taken by the executive director pursuant to this section shall remain in effect for the period specified for such action, but shall not exceed the effective period of the respective federal regulation in the Exclusive Economic Zone. 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 February 13, 1997. TRD-9702101 Bill Harvey Regulatory Coordinator Texas Parks and Wildlife Department Effective date: March 6, 1997 Proposal publication date: December 20, 1996 For further information, please call: (512) 389-4642 CHAPTER 61.Design and Construction Boat Ramp Construction and Rehabilitation 31 TAC sec.sec.61.101-61.108 The repeals are adopted under authority of Parks and Wildlife Code, sec.11.036 and sec.31.141. 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 February 13, 1997. TRD-9702099 Bill Harvey Regulatory Coordinator Texas Parks and Wildlife Department Effective date: March 6, 1997 Proposal publication date: December 20, 1996 For further information, please call: (512) 389-4642 31 TAC sec.sec.61.101-61.103 The Texas Parks and Wildlife Commission in a regularly scheduled public hearing, January 23, 1997, adopts repeal to sec.sec.61.101-61.108 and new sec.sec.61.101- 61.103 concerning Boat Ramp Construction and Rehabilitation without changes to the text as proposed in the December 20, 1996, issue of the Texas Register (21 TexReg 12292). The new rules significantly streamline the administration of the boat ramps program and implement fee authority necessary for maintenance of boat ramps. The new rules implement clear rules concerning boat ramp operation. The rules allow collection of fees by boat ramp operators and secure long-term commitments from operators related to operation and maintenance of these boat ramps. The department received no comments concerning the proposed repeals and new boat ramp rules. The new rules are adopted under authority of Parks and Wildlife Code, sec.11.036 and sec.31.141. 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 February 13, 1997. TRD-9702100 Bill Harvey Regulatory Coordinator Texas Parks and Wildlife Department Effective date: March 6, 1997 Proposal publication date: December 20, 1996 For further information, please call: (512) 389-4642 TITLE 37. PUBLIC SAFETY AND CORRECTIONS PART I. Texas Department of Public Safety CHAPTER 13.Controlled Substances and Precursor/Apparatus Rules and Regulations SUBCHAPTER B.Registration 37 TAC sec.13.21 The Texas Department of Public Safety adopts the repeal of sec.13.21, concerning Expiration Date for the Respective Specialties or Business Activities, without changes to the proposed text as published in the January 3, 1997, issue of the Texas Register (22 TexReg 28). The repeal of the section is necessary due to substantial changes. The department adopts the repeal with simultaneous adoption of new sec.13.21 which changes the title of the section and staggers expiration dates of registrants over an 11-month period to balance the workload of the agency. No comments were received regarding adoption of the repeal. The repeal is adopted pursuant to the Health and Safety Code, Chapter 481, Texas Controlled Substances Act, sec.481.064(a),which states the director may adopt reasonable 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 February 6, 1997. TRD-9701933 Dudley M. Thomas Director Texas Department of Public Safety Effective date: March 4, 1997 Proposal publication date: January 3, 1997 For further information, please call: (512) 424-2890 The Texas Department of Public Safety adopts new sec.13.21, concerning Expiration Date, without changes to the proposed text as published in the January 3, 1997, issue of the Texas Register (22 TexReg 28). The justification for the new section will be to stagger the expiration dates of registrants over an 11-month period to balance the workload of the agency. New sec.13.21 states that a certificate of registration will expire on the last day of the twelfth month following the month of issuance and may be extended for a period of up to eleven months as determined by the department. No comments were received regarding adoption of the new section. The new section is adopted pursuant to the Health and Safety Code, Chapter 481, Texas Controlled Substances Act, sec.481.064(a), which states the director may adopt reasonable 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 February 6, 1997. TRD-9701934 Dudley M. Thomas Director Texas Department of Public Safety Effective date: March 4, 1997 Proposal publication date: January 3, 1997 For further information, please call: (512) 424-2890 SUBCHAPTER F.Triplicate Prescriptions 37 TAC sec.13.106 The Texas Department of Public Safety adopts an amendment to sec.13.106, concerning exceptions to use of triplicate prescription forms, without changes to the proposed text as published in the January 3, 1997, issue of the Texas Register (22 TexReg 29). The justification for the amendment will be less government regulation of therapeutic optometrists' possession and administering cocaine eye drops for diagnostic purposes. The amendment adds new subsection (d) which exempts therapeutic optometrists, who possess and administer cocaine eye drops, from having to issue triplicate prescription forms as required under the Health and Safety Code, Chapter 481, Texas Controlled Substances Act, sec.481.075, Triplicate Prescription Program. No comments were received regarding adoption of the amendment. The amendment is adopted pursuant to the Health and Safety Code, Chapter 481, Texas Controlled Substances Act, sec.481.064(a), which states the director may adopt reasonable 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 February 6, 1997. TRD-9701932 Dudley M. Thomas Director Texas Department of Public Safety Effective date: March 4, 1997 Proposal publication date: January 3, 1997 For further information, please call: (512) 424-2890 TITLE 40. SOCIAL SERVICES AND ASSISTANCE PART I. Texas Department of Human Services CHAPTER 15.Medicaid Eligibility The Texas Department of Human Services (DHS) adopts amendments to sec.15.435, sec.15.460, and sec.15.475, concerning liquid resources, income exemptions, and deeming of income in its Medicaid Eligibility rule chapter. The purpose of the amendments is to include information mandated by federal law that directs states to exclude from income and resources certain designated accounts established for Supplemental Security Income clients under age 18. The amendments will function by ensuring that DHS will be in compliance with federal law. SUBCHAPTER D.Resources 40 TAC sec.15.435 The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which provides the department with the authority to administer public and medical assistance programs and under Texas Government Code, sec.531.021, which provides the Health and Human Services Commission with the authority to administer federal medical assistance funds. The amendment is adopted in compliance with federal requirements effective August 22, 1996. The amendment implements the Human Resources Code sec.sec.22.001-22.024 and sec.sec.32.001-32.042. sec.15.435. Liquid Resources. (a)-(p) (No change.) (q) Certain designated accounts. Public Law 104-193, the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, requires the representative payees of Supplemental Security Income (SSI) clients under age 18 to establish designated accounts when there are retroactive payments for more than six months due to the clients. These designated accounts, including accrued interest or other earnings produced by the accounts, are excluded from countable resources. This exclusion is effective August 22, 1996. 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 February 11, 1997. TRD-9701926 Glenn Scott General Counsel, Legal Services Texas Department of Human Services Effective date: August 22, 1996 Proposal publication date: N/A For further information, please call: (512) 438-3765 SUBCHAPTER E.Income 40 TAC sec.15.460, sec.15.475 The amendments are adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which provides the department with the authority to administer public and medical assistance programs and under Texas Government Code, sec.531.021, which provides the Health and Human Services Commission with the authority to administer federal medical assistance funds. The amendments are adopted in compliance with federal requirements effective August 22, 1996. The amendments implement the Human Resources Code, sec.sec.22.001-22.024 and sec.sec.32.001-32.042. sec.15.460. Income Exemptions. (a) (No change.) (b) The Texas Department of Human Services exempts income that a client receives from any of the following sources: (1)-(34) (No change.) (35) interest or other earnings on any designated account established for Supplemental Security Income (SSI) clients under age 18 for retroactive benefits, as required by Public Law 104-193, effective August 22, 1996. sec.15.475. Deeming of Income. (a) The following requirements apply: (1)-(3) (No change.) (4) The Texas Department of Human Services (DHS) exempts certain types of income that may be received by a client's ineligible spouse, ineligible parent, a parent's ineligible spouse, or any ineligible children living in the household. The following types of income are not deemed to the client: (A)-(EE) (No change.) (FF) interest or other earnings on any designated account established for Supplemental Security Income (SSI) clients under age 18 for retroactive benefits, as required by Public Law 104-193, effective August 22, 1996. (b)-(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 February 11, 1997. TRD-9701925 Glenn Scott General Counsel, Legal Services Texas Department of Human Services Effective date: August 22, 1996 Proposal publication date: N/A For further information, please call: (512) 438-3765 CHAPTER 46.Licensed Personal Care Facilities Contracting with the Texas Department of Human Services to Provide Residential Care Services The Texas Department of Human Services (DHS) adopts new sec.sec.46.1 and 46.4006, adopts amendments to sec.sec.46.1001, 46.2001, 46.2005, 46.2006, 46.3001, 46.3005, 46.3007, 46.4004, 46.4005, and 46.5001, and adopts the repeal of sec.sec.46.2003, 46.2007, 46.2008, 46.3002, 46.3004, 46.3006, 46.4001, 46.4002, 46.4003, 46.5002, 46.5003, and 46.6001, in its Residential Care Program chapter. The amendments to sec.sec.46.1001, 46.2001, 46.2005, and 46.5001 are adopted with changes to the proposed text published in the August 13, 1996, issue of the Texas Register (21 TexReg 7647). New sec.sec.46.1 and 46.4006, the repeal of sec.sec.46.2003, 46.2007, 46.2008, 46.3002, 46.3004, 46.3006, 46.4001, 46.4002, 46.4003, 46.5002, 46.5003, and 46.6001, and the amendments to sec.sec.46.2006, 46.3001, 46.3005, 46.3007, 46.4004, and 46.4005 are adopted without changes to the proposed text and will not be republished. Also in this adoption, DHS is changing the name of the chapter from Residential Care Program to Licensed Personal Care Facilities Contracting with the Texas Department of Human Services to Provide Residential Care Services. The justification for the proposal is to delete rules that duplicate existing requirements in licensing standards for personal care facilities, delete rules that duplicate Community Care for Aged and Disabled requirements, and delete contract rules that are being incorporated into another chapter. DHS is making additional changes that have been recommended by a work group comprised of regional and provider agency representatives. The proposal will function by allowing better service delivery to clients. During the public comment period, DHS received written comments from the Texas Association of Residential Care Communities (TARCC). A summary of the comments and DHS's responses follow: Comment concerning sec.46.1001: The Association recommends that DHS adopt the definition of aide/attendant and facility manager from the licensure version. Response: DHS agrees with this comment, and is therefore deleting the definition of aide/attendant and facility manager from this rule. Comments concerning sec.46.2001: 1) The Association recommends that DHS adopt the definition of personal care services from the licensure version. Response: DHS agrees with this comment, and is therefore deleting the definition of personal care services from this rule. As a result of the deletion, paragraphs (2) through (7) are renumbered (1) through (6). 2) The Association commented that DHS clarify that the facility is not required to transport the client to their choice of medical providers if the client's medical provider is not the nearest available provider. Response: DHS is revising the rule to add clarification based on the recommendation. Comment concerning sec.sec.46.2005 and 46.2006: The Association commented that DHS delete current language requiring DHS approval prior to the discharge of a client, and adopt licensure language in the Provider's Bill of Rights. In addition, the Association requested that a toll free number be added to the rule. Response: DHS is not revising the rule because client rights and responsibilities are further clarified in Community Care rule sec.48.3903(a), Denial, Reduction, and Termination of Benefits. Comment concerning sec.46.5001: The Association commented that DHS should not require that a receipt be issued on payments for all clients. Response: DHS is revising the rule to require receipts for all purchases made for the client. In addition to changes resulting from public comment, DHS is adopting sec.46.2005 with a change. Paragraph (5) was erroneously left in, but is now deleted. As a result paragraphs (6) through (15) are renumbered (5) through (14). Scope 40 TAC sec.46.1 The new section is adopted under the Human Resources Code, Title 2, Chapter 22, which provides the department with the authority to administer public assistance programs. The new section implements sec.sec.22.001-22.030 of the Human Resources Code. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on February 11, 1997. TRD-9701951 Glenn Scott General Counsel, Legal Services Texas Department of Human Services Effective date: March 15, 1997 Proposal publication date: August 13, 1996 For further information, please call: (512) 438-3765 Definitions 40 TAC sec.46.1001 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 amendment implements sec.sec.22.001-22.030 of the Human Resources Code. sec.46.1001. Definitions of Program Terms. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. Unit of service - A unit of service is defined as one day. 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 February 11, 1997. TRD-9701950 Glenn Scott General Counsel, Legal Services Texas Department of Human Services Effective date: March 15, 1997 Proposal publication date: August 13, 1996 For further information, please call: (512) 438-3765 Provider Participation 40 TAC sec.sec.46.2001, 46.2005, 46.2006 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 sec.sec.22.001-22.030 of the Human Resources Code. sec.46.2001. Required Services. The facility must provide 24-hour care in a personal care facility licensed by the Texas Department of Human Services. Services include, but are not limited to: (1) home management - assisting with activities related to housekeeping that are essential to the client's health and comfort, including changing bed linens, housecleaning, laundering, shopping, storing purchased items, and washing dishes. (2) transportation and escort - providing and/or arranging for transportation to: (A) local community shopping areas where a client may purchase items to meet his personal needs; (B) recreational activities, field/community trips; and (C) the nearest available provider that can provide medical care which may include medical appointments, therapies, and other medical care, unless arrangements are made to transport the client to the medical care provider of the client's choice. The provider agency is not required to transport the client to their choice of medical providers if the client's medical provider is not the nearest available provider. (3) twenty-four-hour supervision - periodic checks or visits to a client during each eight-hour shift to ensure that the client is safe and well. (4) meal services - services include: (A) planning, cooking, and serving three meals per day that are essential to the client's health and well-being. The meals must: (i) be suitable in quantity and adequacy to attain and maintain nutritional requirements, including those of special needs clients; and (ii) supply 100% of the recommended daily dietary allowance for adults as recommended by the United States Department of Agriculture; (B) providing special diets as required by the client's service plan; (C) offering dietary counseling and nutrition education for the client; (D) assisting the client with his meals if necessary. This includes: (i) food texture modification, including grinding meats and mashing vegetables for clients having trouble chewing; and (ii) food management, including assistance with spoon feeding in instances when the client is temporarily ill; bread buttering; and milk opening for clients with hand deformities, paralysis, or hand tremors. (5) social and recreational activities - activities include: (A) organizing activities that require group and client-initiated activities; (B) providing opportunities to interact with other people; (C) providing interaction, cultural enrichment, educational or recreational activities, and other social activities on site or in the community in a planned program to meet the social needs and interests of the clients; (D) providing four scheduled social activities per week; and (E) posting a monthly social/activity calendar at least one week in advance. (6) room - living quarters that may be arranged in apartments, wings/floors of nursing homes, small group homes, or other free-standing facilities that are licensed as a personal care facility. sec.46.2005. Standards for Operation. The facility must: (1) provide each client with a private or semi-private room; (2) reserve space for up to three days from the agreed-upon entry date for each referred client before requesting another referral; (3) designate a separate bedroom area for clients in dual facilities where nursing home clients are co-housed in the facility; (4) (No change.) (5) conduct a health assessment/individual service plan with the client within 72 hours of admission to the facility using DHS's health assessment/individual service plan; (6) provide services according to the client's health assessment/individual service plan; (7) document the client's daily activity and service delivery on DHS's daily census record and daily service delivery record; (8) obtain the written approval from DHS before discharging a client, except when DHS staff cannot be reached and the client threatens the health or safety of others or himself; (9) help the client to prepare for transfer or discharge; (10) provide a minimum of four social and recreational activities per week; (11) collect payment from the client according to DHS's copayment policies. If payment is not made by the 10th day of the month, the facility must send notice to the client and a copy to DHS by the 11th day of the same month; (12) allow the client to manage his finances and/or trust funds. The facility must provide assistance to the client in managing his finances only if the client requests assistance in writing; (13) refund, within five business days after the client has been discharged, the full balance of the client's personal funds that the facility deposited in an account. This applies to copayments and trust funds; and (14) inform the client verbally and in writing, before or at the time of admission, of bedhold policies for hospital/nursing facility stays, personal leave, eviction procedures, all available services in the facility, and charges for services not paid by DHS and or not included in the facility's basic daily rate. 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 February 11, 1997. TRD-9701948 Glenn Scott General Counsel, Legal Services Texas Department of Human Services Effective date: March 15, 1997 Proposal publication date: August 13, 1996 For further information, please call: (512) 438-3765 40 TAC sec.sec.46.2003, 46.2007, 46.2008 The repeals are adopted under the Human Resources Code, Title 2, Chapter 22, which provides the department with the authority to administer public assistance programs. The repeals implement sec.sec.22.001-22.030 of the Human Resources Code. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on February 11, 1997. TRD-9701949 Glenn Scott General Counsel, Legal Services Texas Department of Human Services Effective date: March 15, 1997 Proposal publication date: August 13, 1996 For further information, please call: (512) 438-3765 Claims Payment 40 TAC sec.sec.46.3001, 46.3005, 46.3007 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 sec.sec.22.001-22.030 of the Human Resources Code. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on February 11, 1997. TRD-9701946 Glenn Scott General Counsel, Legal Services Texas Department of Human Services Effective date: March 15, 1997 Proposal publication date: August 13, 1996 For further information, please call: (512) 438-3765 40 TAC sec.sec.46.3002, 46.3004, 46.3006 The repeals are adopted under the Human Resources Code, Title 2, Chapter 22, which provides the department with the authority to administer public assistance programs. The repeals implement sec.sec.22.001-22.030 of the Human Resources Code. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on February 11, 1997. TRD-9701947 Glenn Scott General Counsel, Legal Services Texas Department of Human Services Effective date: March 15, 1997 Proposal publication date: August 13, 1996 For further information, please call: (512) 438-3765 Provider Contracts 40 TAC sec.sec.46.4001-46.4003 The repeals are adopted under the Human Resources Code, Title 2, Chapter 22, which provides the department with the authority to administer public assistance programs. The repeals implement sec.sec.22.001-22.030 of the Human Resources Code. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on February 11, 1997. TRD-9701945 Glenn Scott General Counsel, Legal Services Texas Department of Human Services Effective date: March 15, 1997 Proposal publication date: August 13, 1996 For further information, please call: (512) 438-3765 40 TAC sec.sec.46.4004-46.4006 The amendments and new section 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 and new section implement sec.sec.22.001-22.030 of the Human Resources Code. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on February 11, 1997. TRD-9701944 Glenn Scott General Counsel, Legal Services Texas Department of Human Services Effective date: March 15, 1997 Proposal publication date: August 13, 1996 For further information, please call: (512) 438-3765 Records 40 TAC sec.46.5001 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 amendment implements sec.sec.22.001-22.030 of the Human Resources Code. sec.46.5001. Record Requirements. (a) The facility must maintain trust fund records based on recognized fiscal and accounting principles, and: (1) have written permission from the client to handle his personal financial affairs; (2) keep client trust fund accounts separate from the facility's operating accounts. The separate account must be identified "Trustee, (name of facility), Client's Trust Fund Account"; (3) make the client trust fund records available for review by Texas Department of Human Services staff during work hours without prior notice; (4) not charge the client for services that the facility is expected to provide for the client; (5) refrain from charging the client for banking service costs if the client trust fund is in a pooled account; (6) obtain and maintain current written individual records of all financial transactions involving the client's personal funds that the facility is handling; and (7) distribute the interest earned on any pooled interest banking account in one of the following options: (A) prorated to each client on an actual interest earned basis; (B) prorated to each client on the basis of his end-of-quarter balance; or (C) prorated to each client's account monthly if interest is paid on a monthly basis. (b) The facility must ensure that records include written receipts for all purchases made by or for clients. 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 February 11, 1997. TRD-9701942 Glenn Scott General Counsel, Legal Services Texas Department of Human Services Effective date: March 15, 1997 Proposal publication date: August 13, 1996 For further information, please call: (512) 438-3765 40 TAC sec.46.5002, sec.46.5003 The repeals are adopted under the Human Resources Code, Title 2, Chapter 22, which provides the department with the authority to administer public assistance programs. The repeals implement sec.sec.22.001-22.030 of the Human Resources Code. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on February 11, 1997. TRD-9701943 Glenn Scott General Counsel, Legal Services Texas Department of Human Services Effective date: March 15, 1997 Proposal publication date: August 13, 1996 For further information, please call: (512) 438-3765 Recipient Rights and Responsibilities 40 TAC sec.46.6001 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 sec.sec.22.001-22.030 of the Human Resources Code. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on February 11, 1997. TRD-9701941 Glenn Scott General Counsel, Legal Services Texas Department of Human Services Effective date: March 15, 1997 Proposal publication date: August 13, 1996 For further information, please call: (512) 438-3765 CHAPTER 48.Community Care for Aged and Disabled Case Management 40 TAC sec.48.3901 The Texas Department of Human Services (DHS) adopts an amendment to sec.48.3901, without changes to the proposed text published in the January 3, 1997, issue of the Texas Register(22 TexReg 31). The justification for the amendment is to clarify the amount of time allowed to establish program eligibility. The amendment will function by providing public access to correct information. No comments were received regarding adoption of the amendment. The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which provides the department with the authority to administer public and medical assistance programs and under Texas Government Code, sec.531.021, which provides the Health and Human Services Commission with the authority to administer federal medical assistance funds. The amendment implements sec.sec.22.001-22.030 and sec.sec.32.001-32.041 of the Human Resources Code. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on February 11, 1997. TRD-9701924 Glenn Scott General Counsel, Legal Services Texas Department of Human Services Effective date: April 1, 1997 Proposal publication date: January 3, 1997 For further information, please call: (512) 438-3765 PART XII. Texas Board of Occupational Therapy Examiners CHAPTER 362. Definitions 40 TAC sec.362.1 The Texas Board of Occupational Therapy Examiners adopts an amendment to sec.362.1, concerning Definitions, without changes to the proposed text as published in the January 3, 1997, issue of the Texas Register (22 TexReg 36). This amended section is being adopted to define the term "screening". This amended section defines screening as a process for determining potential need for services and identifies sources of information for the screen. No comments were received regarding amendment of this section. The rule is adopted under the Occupational Therapy Practice Act, Texas Civil Statutes, Article 8851, which provides the Texas Board of Occupational Therapy Examiners with the authority to adopt rules consistent with this Act to carry out its duties in administering this Act. 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 February 12, 1997. TRD-9702016 John P. Maline Executive Director Texas Board of Occupational Therapy Examiners Effective date: March 5, 1997 Proposal publication date: January 3, 1997 For further information, please call: (512) 305-6900 CHAPTER 365. Types of Licenses 40 TAC sec.365.1 The Texas Board of Occupational Therapy Examiners adopts an amendment to sec.365.1, concerning Types of Licenses, without changes to the proposed text as published in the January 3, 1997, issue of the Texas Register (22 TexReg 36). This amended section is being adopted to simplify requirements for a regular license, clarify the process of converting a temporary license to a regular license, and respond to changes in the national certification system for occupational therapy professionals. This amended section prescribes requirements for various types of licenses. The amendments clarify that a temporary license may be converted to a regular license after the licensee passes the national examination. In the case of regular licenses, the amendment allows the issuance of a regular license to persons who have taken the national exam more than 12 months earlier and have practiced occupational therapy in the past five years. A provisional license may be issued to such persons while documentation is being completed, but a provisional license is no longer an essential step to obtaining a regular license. The amendment specifies that a regular license may be issued up to 16 months, and for a minimum of 4 months. The amendment changes all references to national certification and replaces them with reference to passing the national examination. No comments were received regarding amendment of this section. The rule is adopted under the Occupational Therapy Practice Act, Texas Civil Statutes, Article 8851, which provides the Texas Board of Occupational Therapy Examiners with the authority to adopt rules consistent with this Act to carry out its duties in administering this Act. 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 February 12, 1997. TRD-9702015 John P. Maline Executive Director Texas Board of Occupational Therapy Examiners Effective date: March 5, 1997 Proposal publication date: January 3, 1997 For further information, please call: (512) 305-6900 CHAPTER 373. Social Services and Assistance 40 TAC sec.373.1 The Texas Board of Occupational Therapy Examiners adopts an amendment to sec.373.1, concerning Supervision, without changes to the proposed text as published in the January 3, 1997, issue of the Texas Register (22 TexReg 38). This amended section is being adopted to clarify licensee's responsibility in supervision and simplify the documentation of supervision. This amended section clarifies that the OTR is responsible for actions of COTAs, temporary licensees, and aides or technicians. In the case of a temporary licensee or COTA, the supervisor is also responsible for ensuring that the supervisee is properly licensed. In the case of aides or technicians, the supervising licensee (OTR or COTA) is responsible for ensuring that the aide is properly trained on the assigned tasks. Documentation requirements are changed by eliminating the requirement that COTAs notify the board whenever they change supervisors but requiring the supervisory log be submitted with the COTA's license renewal. No comments were received regarding amendment of this section. The rule is adopted under the Occupational Therapy Practice Act, Texas Civil Statutes, Article 8851, which provides the Texas Board of Occupational Therapy Examiners with the authority to adopt rules consistent with this Act to carry out its duties in administering this Act. 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 February 12, 1997. TRD-9702014 John P. Maline Executive Director Texas Board of Occupational Therapy Examiners Effective date: March 5, 1997 Proposal publication date: January 3, 1997 For further information, please call: (512) 305-6900