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 IV. Office of the Secretary of State
CHAPTER 81.Elections
Implementation of the National Voter Registration Act
1 TAC sec.81.402
The Office of the Secretary of State, Elections Division, adopts new sec.81.402, 
concerning the use of file citizenship information by voter registration agency 
employees, without changes to the proposed text as published in the January 21, 
1997, issue of the Texas Register (22 TexReg 879). 
This new rule is being adopted to address concerns with the ability of voter 
registration agencies to respond to changes in their clients' citizenship status 
in terms of offering their clients the opportunity to register to vote.  
The new rule limits application of the Texas Election Code (the "Code"), 
sec.20.006(b) to those voter registration agencies that require clients to 
update their citizenship status at the time of their every contact with the 
agency. 
No comments were received regarding adoption of the new rule. 
The new section is adopted under the Code, Chapter 31, Subchapter A, sec.31.003, 
which provides the secretary of state with authority to promulgate rules to 
obtain uniformity in the interpretation and application of the Code, and under 
the Code, Chapter 20, Subchapter A, sec.20.009, which authorizes the secretary 
of state to prescribe procedures necessary for the proper administration of 
voter registration at voter registration agencies. 
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 March 3, 1997.
TRD-9702959
Clark Kent Ervin
Assistant Secretary of State
Office of the Secretary of State
Effective date: March 24, 1997
Proposal publication date: January 21, 1997
For further information, please call: (512) 463-5650

PART XII. Advisory Commission on State Emergency Communications 
CHAPTER 251.Regional Plan-Standards
1 TAC sec.251.1
The Advisory Commission on State Emergency Communications adopts an amendment to 
sec.251.1, concerning regional plans for 9-1-1 service without changes to the 
proposed text as published in the November 29, 1996, issue of the Texas Register 
(22 TexReg 11557).
Section 251.1 defines the minimum performance standards for regional plans. The 
adopted amendment provides that all 9-1-1 calls from wireless telephone systems 
must be accepted as 9-1-1 calls (e.g., no seven or ten digit screening numbers), 
and specifically includes Automatic Number Identification (ANI) and Pseudo ANI 
as a minimum standard for wireless 9-1-1 calls by no later than the 18 month 
deadline specified by the Federal Communication Commission in 47 Code of Federal 
Regulation sec.20.18(d). For purposes of this rule, the terms ANI and Pseudo ANI 
have the same meaning as in 47 Code of Federal Regulation sec.20.18. The adopted 
amendment also deletes a reference to repealed rule sec.251.2. 
Comments were filed by Tarrant County 9-1-1 District (Tarrant County), Denco 
Area 9-1-1 District (Denco), and XYPOINT Corporation (XYPOINT). Tarrant County 
opposes adoption of the amendment because the issue of 9-1-1 surcharge revenue 
from wireless users through wireless providers is before the courts. Tarrant 
County finds that, if the appeals court rules unfavorably, the best interest of 
public safety would be served by retaining the option of refusing 9-1-1 service 
to customers of companies who refuse to collect. Denco suggests abatement of 
Commission action based on concerns about the funding mechanism, especially in 
light of problems with the wireless telephone systems' collection and remission 
of a wireless service fee. XYPOINT is unopposed to the amendment and generally 
commended the commission's action. XYPOINT did note that it supports a uniform 
statewide 9-1-1 fee for wireless subscribers. 
The commission disagrees with delaying adoption of the rule. The commission must 
carry out the implementation of statewide 9-1-1 service, including wireless 
calls, Health and Safety Code, Chapter 771, sec.771.001(2)A). The commission's 
rule sec.251.1 has required the acceptance of 9- 1-1 calls since 1987. Rejection 
of any 9-1-1 calls is unacceptable. Moreover, the stated purpose of Chapter 772 
of the Health and Safety Code includes providing a quick response to any person 
dialing the telephone number 9-1-1. Health and Safety Code, sec.772.102, 
emphasis added. All comments were fully considered by the commission. 
The amendments are adopted under the Health and Safety Code, Chapter 771, 
sec.sec.771.051, 771.056, 771.059, which provide the Advisory Commission on 
State Emergency Communications the authority to administer the implementation of 
statewide 9-1-1 service, to develop minimum performance standards for 9-1-1 
service to be followed in developing regional plans, and to allocate money for 
the operation of 9-1-1 service. 
Health and Safety Code, Chapter 771 is affected by these adopted amendments.
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 28, 1997.
TRD-9702855
James D. Goerke
Executive Director
Advisory Commission on State Emergency Communications
Effective date: March 21, 1997
Proposal publication date: November 29, 1996
For further information, please call: (512) 305-6911

TITLE 7. BANKING AND SECURITIES
PART I. State Finance Commission
CHAPTER 3.Banking Section
SUBCHAPTER B.General
7 TAC sec.3.36
The Finance Commission of Texas (the commission) adopts an amendment to 
sec.3.36, concerning annual assessments and specialty examination fees for banks 
and foreign bank agencies under the Texas Banking Act, Texas Civil Statutes, 
Articles 342-1.001 et seq (the Act, sec.sec.1.001 et seq), without changes to 
the text as proposed in the December 24, 1996, issue of the Texas Register (21 
TexReg 12351). The commission amends subsection (b)(4) of sec.3.36 to modify the 
cross-reference to a superseded policy memorandum to reflect the revised policy 
memorandum. The amendment makes no substantive change to the section. 
No comments were received regarding adoption of the amendment. 
The amendment is adopted pursuant to the Act, sec.sec.1.012(a)(4), 2.008(b), and 
9.002(b), which authorizes the commission to adopt rules providing for the 
recovery of the cost of maintenance and operation of the agency and the cost of 
enforcing the Act through the imposition and collection of ratable and equitable 
fees against banks and foreign bank agencies for notices, applications, and 
examinations. As required by the Texas Banking Act, sec.1.012(b), the commission 
considered the need to promote a stable banking environment, provide the public 
with convenient, safe, and competitive banking services, preserve and promote 
the competitive parity of state banks with national banks and other depository 
institutions in this state consistent with the safety and soundness of state 
banks and the state bank system, and allow for economic development within this 
state. 
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 28, 1997.
TRD-9702905
Everette D. Jobe
General Counsel, Texas Department of Banking
State Finance Commission
Effective date: March 21, 1997
Proposal publication date: December 24, 1996
For further information, please call: (512) 475-1300

PART II. Texas Department of Banking
CHAPTER 15.Corporate Activities
SUBCHAPTER A.Fees and Other Provisions of General Applicability 
7 TAC sec.15.5
The Finance Commission (the commission) adopts an amendment to sec.15.5, 
concerning public notice under The Texas Banking Act, TexasCivil Statutes, 
Article 342-1.001 et seq (the Act), without changes to the text as proposed in 
the December 24, 1996, issue of the Texas Register (21 TexReg 12352). 
The commission amends subsection (e) of sec.15.5 to clarify when notice 
requirements of other regulatory bodies applicable to banks, trust companies or 
other regulated entities will satisfy notice requirements under the Act. The 
amendment to subsection (b) inserts a verb inadvertently omitted from the prior 
text of sec.15.5. 
No comments were received regarding adoption of the amendment. 
The amendment is adopted pursuant to the Texas Banking Act, sec.1.012(a), which 
provides that the commission may adopt rules "to accomplish the purposes of this 
Act," including rules that "implement and clarify" the Act. As required by the 
Texas Banking Act, sec.1.012(b), the commission considered the need to promote a 
stable banking environment, provide the public with convenient, safe, and 
competitive banking services, preserve and promote the competitive parity of 
state banks with national banks an d other depository institutions in this state 
consistent with the safety and soundness of state banks and the state bank 
system, and allow for economic development within this state. 
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 28, 1997.
TRD-9702904
Everette D. Jobe
General Counsel
Texas Department of Banking
Effective date: March 21, 1997
Proposal publication date: December 24, 1996
For further information, please call: (512) 475-1300

TITLE 13. CULTURAL RESOURCES
PART I. Texas State Library and Archives Commission
CHAPTER 3.State Publications Depository Program
The Texas State Library and Archives Commission adopts an amendment to sec.3.1, 
repeals sec.sec.3.2-3.10 and simultaneously adopts new sec.sec.3.2-3.15, 
concerning the State Publications Depository Program, with changes to the 
proposed text as published in the December 20, 1996, issue of the Texas Register 
(21 TexReg 12265). Section 3.16 is adopted without changes and will not be 
republished. 
The new and amended sections will improve the Commission's ability to gather a 
wider range of state publications in light of recent technological changes in 
how state publications are disseminated. The repeals enable the addition of the 
new sections. Many state agencies have been providing publications in various 
electronic formats for several years and have begun to use the Internet as their 
medium of choice for many publications. 
The new and amended sections expand previous rules governing the identification, 
collection, and dissemination of state publications to include electronic 
publications. The adopted actions are interim steps in the Commission's plan to 
deal with electronic publications and records comprehensively. 
All the comments which were received were suggestions for improvements to the 
proposed rules. 
A commenter noted that in sec.3.1, the definition of "Internet connection" 
contains a reference to protocols listed in "RFC 1800 or its current successor 
document." The commenter pointed out that the current version of that document 
is RFC 1920 and the reference has been corrected. 
Another commenter pointed out that the definitions of both "state agency" and 
"state publication" were inconsistent with the statutory definitions of the same 
terms found in Subchapter G. The definition of state agency had been changed to 
agree with language in statutes on the management of state records, to provide 
consistency across the agency. However, the change is inconsistent with the 
statute authorizing the publications rules, and the old definition will be 
retained until the statute can be amended. 
A commenter felt that the definition of "state publication" should be amended by 
incorporating the second sentence of the proposed definition of "publicly 
distributed," which lists certain types of information that are excluded by 
statute from the definition of "state publication." This would make "state 
publication" conform more closely with the statutory definition of "state 
publication" found in Section 441.101(4) of the Government Code and make it 
clearer that the excluded information is not subject to the depository and 
retention requirements of the rules. In the definition of "publicly 
distributed," the commenter noted that the words "information in any format" 
should be deleted. The phrase "publicly distributed" is an adjective phrase, but 
the inclusion of "information in any format" changes it into a noun. In 
addition, the commenter felt the words "outside the agency" (appearing at the 
end of the first sentence) should be deleted, reasoning that these words are 
redundant because the definition of "publicly distributed" includes them. A 
second commenter felt that the commas in the series of possible means of 
distribution within the definition of "publicly distributed" should be changed 
to the word "or" to clarify that these are all separate means of distribution. 
The rules were amended to reflect the suggested changes. 
A commenter noted that the language in sec.3.3 switches from deposit 
requirements for state publications in subsection (a) to discussion of 
"materials" (which are undefined) in subsections (b), (c), and (d). Applicable 
references to "materials" or "publications" throughout the adopted rules have 
been changed to "state publications." 
Two commenters were concerned over requirements in sec.3.3 that call for deposit 
of state publications by Internet connection. One felt that Subsection (d)(2)(C) 
required clarification. This language requires state agencies to ensure that 
Internet-accessible publications, with a few exceptions, remain accessible "by 
Internet connection" for five years from the date of release or last 
modification. The commenter felt that in some cases this could inadvertently 
impose an unreasonable burden on state agencies and confuse the public as well, 
due to multiple versions of publications being available. sec. 3.3 (d)(2)(C) 
requires that only the current version of a publication be available on-line. 
Publications that are updated (phone books, pointers to other information, 
statutes, administrative rules) need only have the current version available. 
Publications that are issued periodically (annual reports, budgets, strategic 
plans) should have each iteration available. 
A commenter suggested the inclusion of Universal Resource Name (URN) as a 
possible alternative to Universal Resource Locator (URL) in 
sec.3.3(d)(2)(A)(ii). While URNs may prove to be a viable for URLs, the 
Commission believes the URN system is not yet stable enough to encode as a 
requirement. The requirement that agencies report URL changes for state 
publications serves the purpose of perpetually locating them for the time being. 
A commenter noted that sec.3.3(d)(2)(B) seems to imply that individual agencies 
would be required to index publications according to Z39.50 standards. The 
subsection requires that agencies provide Z39.50 access for indexed 
publications, not that they provide an index for everything. Z39.50 has been 
established as a Department of Information Resources statewide standard for 
indexing. The Commission intends to provide meta-indexing, and a Z39.50 web 
client for searching agency-maintained indexes. 
A commenter noted that in sec.3.7, there are no criteria for determining the 
availability of a special exemption from the deposit requirements. In their 
previous form, these rules did not contain criteria for special exemptions for 
printed publications, and it is intended that the exemptions will continue to be 
granted based upon the judgment of the Director and Librarian. 
A commenter noted concerns with sec.3.9 (c) (2) (C), which provides that any 
changes to the "scope and content" of an Internet-accessible publication must be 
reported within one working day. The commenter felt that because the rules 
contain no guidance on what is meant by "scope and content," the only way an 
agency could be certain of compliance with this rule would be to report every 
single change in a publication's content to the State Library. The commenter 
suggested that the words "and content" be deleted so that agencies will not be 
compelled to report every minor change, but will still report changes that 
affect the scope of a document. The commenter also suggested the word "scope" be 
defined in these rules to provide greater guidance to state agencies that will 
be attempting to comply with the rule. The suggestion to remove "and content" 
was adopted to leave the emphasis on "scope." sec. 3.5 exempts most of the 
publications that change frequently or would be of short-term interest. It is 
the intent of the rule that changes need not be reported if they are not 
substantive: for instance, changes in layout or decorative graphics, editorial 
changes, corrections or updates to content. An example might be a phone book 
published by an agency as a web page. Once it was submitted, changes in the 
people and numbers listed would not create a requirement for additional 
reporting; changes in the scope of the listing included (if the listings had 
included only agency staff, but was expanded to include staff of local 
constituent organizations) or a change in the URL would. It is the Commission's 
intention to provide guidelines and training in addition to these rules to 
assist agencies in determining what needs to be reported. For some agencies, the 
main web page would be all that needed to be reported, but many agencies are 
providing many documents on the Internet that will need to be reported 
individually. 
Staff discovered a typographical error in sec.3.13 incorrectly referring to 
"print" library status. The error has been corrected to read "electronic" 
library status. 
The commission received comments from: Thomas Thornton, Deputy Land 
Commissioner, Information Systems, General Land Office; C. J. Brandt, General 
Counsel, Department of Information Resources; and Clint Sare. 

13 TAC sec.3.1
The amendment is adopted under Government Code, Chapter 441, Subchapter G, 
sec.441.102 which provides the Commission the authority to establish procedures 
for the distribution of state publications to depository libraries and for the 
retention of those publications, and to establish a system to allow electronic 
access at the Texas State Library and other depository libraries to state 
publications in an electronic format that have been made available to the public 
by or on behalf of a state agency. 
The Government Code, Chapter 441, Subchapter A, sec.sec.441.103 and 441.104 are 
affected by the amendment. 

sec.3.1.Definitions.
The following words and terms, when used in this chapter, shall have the 
following meanings, unless the context clearly indicates otherwise. 
Depository library - Any library that the Director and Librarian or the 
commission designates as a depository library for state publications.
Depository publication - A state publication in any format distributed from or 
on behalf of the Texas State Library to a depository library. 
Director and Librarian - Chief executive and administrative officer of the Texas 
State Library and Archives Commission. 
Electronic external storage devices - Removable electronic media used to store 
and transfer electronic information. 
Electronic format - A form of recorded information that can be processed by a 
computer. 
Internet connection - A combination of hardware, software and telecommunications 
services that allows a computer to communicate with any other computer on the 
worldwide network of networks known as the Internet, and that adheres to the 
standard protocols listed in RFC 1920 or its current successor document. 
On-line - Accessible via a computer or terminal, rather than on paper or other 
medium. 
Publicly distributed - Provided to persons outside of the agency, in print or 
other physical media, or by an Internet connection, or from a limited local area 
network on agency premises, or at another location on behalf of the agency. 
Request for Comments (RFC) - A version of an Internet specification, published 
as part of the "Request for Comments" (RFC) document series, the official 
publication channel for Internet standards documents and other publications of 
the Internet Engineering Steering Group, Internet Architecture Board, and 
Internet community. 
Serial - Issued in successive parts bearing numerical or chronological 
designations and intended to be continued indefinitely. The term includes, but 
is not limited to: periodicals, newspapers, reports, yearbooks, journals, 
minutes, proceedings, transactions. 
State agency - Any entity established or authorized by law to govern operations 
of the state such as a state office, department, division, bureau, board, 
commission, legislative committee, authority, institution, regional planning 
council, university system, institution of higher education as defined by Texas 
Education Code, sec.61.003, or a subdivision of one of those entities. 
State publication - Information in any format that is produced by the authority 
of or at the total or partial expense of a state agency or is required to be 
distributed under law by the agency, and is publicly distributed. The term does 
not include information the distribution of which is solely limited to 
contractors with or grantees of the agency, staff persons within the agency or 
within other government agencies, or members of the public under a request made 
under the open records law, Government Code, Chapter 552. The term includes but 
is not limited to: a publication distributed in print, on microform, as 
audiovisual material, as interactive media or on electronic external storage 
device; an on-line publication which is an index to other on-line publications, 
one or more text, graphic, or other digital files, or a user interface to a 
computer database. 
State Publications Depository Program - A program of the Texas State Library 
designed to collect, preserve, and distribute state publications, and promote 
their use by the citizens of Texas and the United States. 
Texas Records and Information Locator (TRAIL) - A program of the Texas State 
Library designed to locate, index, and make available state publications in 
electronic format. 
Uniform Resource Locators - The syntax and semantics of formalized information 
for location and access of resources on the Internet, as specified in RFC 1738 
or its current successor document. 
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 March 2, 1997.
TRD-9702942
Raymond Hitt 
Assistant State Librarian 
Texas State Library and Archives Commission 
Effective date: March 24, 1997
Proposal publication date: December 20, 1996
For further information, please call: (512) 463-5460

13 TAC sec. sec.3.2-3.10
The repeals are adopted under Government Code, Chapter 441, Subchapter G, 
sec.441.102 which provides the Commission the authority to establish procedures 
for the distribution of state publications to depository libraries and for the 
retention of those publications, and to establish a system to allow electronic 
access at the Texas State Library and other depository libraries to state 
publications in an electronic format that have been made available to the public 
by or on behalf of a state agency. 
The Government Code, Chapter 441, Subchapter A, sec.sec.441.103 and 441.104 are 
affected by the repeals. 
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 March 2, 1997.
TRD-9702943
Raymond Hitt 
Assistant State Librarian 
Texas State Library and Archives Commission 
Effective date: March 24, 1997
Proposal publication date: December 20, 1996
For further information, please call: (512) 463-5460

13 TAC sec.sec.3.2-3.16
The new sections are adopted under Government Code, Chapter 441, Subchapter G, 
sec.441.102 which provides the Commission the authority to establish procedures 
for the distribution of state publications to depository libraries and for the 
retention of those publications, and to establish a system to allow electronic 
access at the Texas State Library and other depository libraries to state 
publications in an electronic format that have been made available to the public 
by or on behalf of a state agency. 
The Government Code, Chapter 441, Subchapter A, sec.sec.441.103 and 441.104 are 
affected by the new sections. 

sec.3.2.State Publications in Multiple Information Formats.
When a publication is available in multiple formats simultaneously, state 
agencies are required to provide access to or copies of a publication in all 
applicable formats if all formats are publicly distributed. State agencies are 
not required to provide copies of a publication on electronic external storage 
devices if the state publications are made available by an Internet connection. 

sec.3.3.Standard Deposit Requirements for State  publications in All Formats.
(a) State agencies are required to deposit or make accessible copies of all 
state publications that have not been exempted from the program in sec.3.5 of 
this title (relating to Standard Exemptions for State Publications in All 
Information Formats) and sec.3.6 of this title (relating to Standard Exemptions 
for Depositing State Publications in Print Format Only.) The standard number of 
copies to be deposited is based on the number of copies produced or the medium 
in which it is made available. 
(b) For print state publications only: 
(1) If 300 or more copies are produced, 55 copies must be deposited with the 
State Publications Depository Program. 
(2) If fewer than 300 copies are produced, four copies must be deposited with 
the program. 
(c) For state publications available in electronic format only but not by an 
Internet connection: 
(1) State agencies must deposit electronic state publications on electronic 
external storage devices only when they are not accessible to the public by 
Internet connection. 
(2) State agencies must meet the following requirements when submitting state 
publications on electronic external storage devices:
(A) Computer Diskette. One copy of all applicable state publications must be 
submitted on three and one-half inch, 1.44 megabyte high density disks, 
configured to a MS-DOS platform and formatted in ASCII (American Standard Code 
for Information Interchange) or other software approved by the Texas State 
Library. 
(B) Compact Disks -- Read-Only Memory. One copy of all applicable state 
publications must be submitted on disks that adhere to standards of ISO 
(International Organization of Standards) 9660. Files will be formatted in 
ASCII, or other software that is provided and is in the public domain or has 
been purchased with a license agreement to distribute it with each copy of the 
disk. If the file is compressed, software and instructions must be included on 
the disk to decompress all data directly to a hard drive from commands found in 
a file on the root directory. 
(C) State Publications on Other Electronic External Storage Devices. For new or 
improved media which may become commonly available, one copy of all applicable 
state publications may be submitted. All such devices or media for submitting 
state publications must be approved by the Director and Librarian and must 
adhere to standards set by the Texas State Library.
(d) For state publications available by an Internet connection:
(1) State agencies are required to provide the Texas State Library with at least 
one Internet connection, at no charge, to state publications available by an 
Internet connection that are not exempted from the program.
(2) State agencies must meet the following minimum requirements when providing 
state publications by Internet connection: 
(A) Accessibility. State publications made available by an Internet connection 
will be accessible: 
(i) by anonymous File Transfer Protocol (FTP), Telnet, Gopher, or Hyper Text 
Transfer Protocol (HTTP) as defined in the current standard as identified in RFC 
1920, or its current successor document; and 
(ii) by a Uniform Resource Locator (URL) provided by the agency that describes 
each state publication's specific name and location on the Internet; and 
(iii) on alternative electronic formats and interfaces consistent with 
requirements of the Americans with Disabilities Act of 1990 and as amended.
(B) Indexing. Indexed state publications will be accessible through indexes 
which meet current ANSI/NISO (American National Standards Institute/National 
Information Standards Organization) Z39.50 search and retrieval standards and 
which adhere to the application profile of the Federal Information Processing 
Standards Publication 192 or its successor document. 
(C) Availability. Except for state publications listed in sec.3.6 of this title, 
issues of a serial state publication and current versions only of all other 
state publications will be accessible on-line by Internet connection for five 
years from the date of release or last modification with an average availability 
by the Internet connection of 23 out of 24 hours, seven days a week. 

sec.3.4.Special Depository Requirements for Print State Publications.
Except for state publications available only by an Internet connection, publicly 
distributed state publications must be deposited in the following minimum 
quantities regardless of the number of copies or different media originally 
intended to be produced by the agency. For printed state publications, agencies 
are expected to incorporate these deposit requirements into their printing 
orders. 
(1) Fifty-five copies of the following state publications must be deposited with 
the State Publications Depository Program: 
(A) Annual or biennial report (narrative description and statistics of programs, 
services, activities), 
(B) Statistical compilations (annual or multi-year), 
(C) State or strategic plans (for agency services, programs within its 
jurisdiction), 
(D) Codes (published as compendia), 
(E) Regulations (published as compendia), and 
(F) Directories (of facilities, services, providers). 
(2) Three copies of annual financial reports and annual operating budgets must 
be deposited with the State Publications Depository Program. 
(3) Two copies of requests for legislative appropriations and quarterly and 
annual reports of measures must be deposited with the State Publications 
Depository Program.

sec.3.5.Standard Exemptions for State.
Publications in All Information Formats. For all formats, the Director and 
Librarian has exempted certain kinds of state publications from deposit 
requirements. A state agency is not required to deposit or provide access to 
state publications or other information in the materials listed as follows:
(1) agendas, 
(2) advertisements, 
(3) alumni materials, 
(4) announcements, 
(5) artwork, 
(6) contracts, 
(7) correspondence, 
(8) drafts of plans, reports, 
(9) fiction, 
(10) fund raising materials, 
(11) grant proposals, bids, 
(12) literary criticisms, 
(13) memorabilia, 
(14) memoranda (including e-mail), 
(15) notices of sale, 
(16) daily or weekly periodicals (which are summarized in monthly or quarterly 
publications), 
(17) photographs, 
(18) poetry, 
(19) recruitment materials, 
(20) reprints (reissued without change), 
(21) stationery, 
(22) student publications (those produced by students), and 
(23) volunteer newsletters. 

sec.3.6.Standard Exemptions for Depositing State Publications in Print Format 
Only.
The Director and Librarian has exempted certain kinds of state publications 
distributed in print format. A state agency is not required to deposit these 
state publications in print format but must make them available in electronic 
format if they are publicly distributed by an Internet connection or on 
electronic external storage devices: 
(1) calendars, 
(2) charts, 
(3) course schedules, 
(4) certain curriculum catalogs (departmental only), 
(5) forms, 
(6) hearings (transcripts of), 
(7) job listings, 
(8) news or press releases, 
(9) newsletters and mailing lists meant only for employee, faculty, or student 
use, 
(10) personnel manuals, 
(11) policy handbooks (student and faculty), 
(12) programs (announcements of), and 
(13) telephone directories (meant only for employee, faculty, or student use). 

sec.3.7.Special Exemptions.
Upon written application, the Director and Librarian may exempt specific kinds 
of state publications and information formats from deposit requirements.

sec.3.8.State Publications Contact Person.
Each state agency must designate in writing one or more persons to act as 
liaison with the program. The number of liaisons designated by an agency should 
reflect the size and complexity of its publishing activities. Each liaison must 
deposit all state publications within the scope of his or her designated 
responsibility, provide information and resolve problems about them, maintain 
records of the agency's state publications, negotiate exemptions from deposit 
requirements, and submit publication reporting forms. 

sec.3.9.Publication Reporting Form.
(a) Each state agency must submit a publication reporting form that describes 
state publications as they become available. 
(b) State publications submitted in formats other than those made available from 
an Internet connection must be listed on a paper form that is enclosed with each 
shipment. 
(c) Each state publication made available by Internet connection must be 
reported on an electronic form within one working day: 
(1) of its initial availability by the Internet connection
(2) and as changes are made which alter its: 
(A) Uniform Resource Locator; 
(B) title; 
(C) scope; or 
(D) accessibility by new use constraints and technical prerequisites.
(3) Agencies unable to access the electronic reporting form for state 
publications made available on-line may request special authorization to submit 
a paper form. 

sec.3.10.Designation of Depository Library Status for Printed State 
Publications.
The director of a library in Texas may apply in writing to the Director and 
Librarian for print depository library status. After considering the need for 
additional access to state publications by the public, the number of copies of 
state publications available for distribution to depository libraries, the 
geographical distribution of existing repository libraries, whether the applying 
library will provide access to a unique, unserved or underserved population, 
whether it will provide superior access, whether it is a publicly-supported 
institution and whether it can meet the minimum standards outlined in sec.3.12 
of this title (relating to Minimum Standards for Designated Print Depository 
Libraries), the Director and Librarian may grant the applying library print 
depository library status. The Director and Librarian shall execute a contract 
with the library setting forth the responsibilities of the program and of the 
depository library. The director of an applying library whose application is 
denied may appeal the decision to the Texas State Library and Archives 
Commission.

sec.3.11.Termination of Designated Depository Library Status for Printed State 
Publications.
Print depository status may be terminated by either party upon six-months' 
written notice. In the event of termination, title to the collection shall be 
retained by the Texas State Library, which may remove the collection to the 
Texas State Library or another print depository library. 

sec.3.12.Minimum Standards for Designated Print  Depository Libraries.
To meet minimum standards, a designated print depository library must:
(1) process and shelve physical state publications within 30 days of receipt; 
(2) check all shipping lists to insure that physical state publications are 
received, and if not, promptly claimed; 
(3) mark and date physical state publications received in shipments to 
distinguish them from state publications received from other sources; 
(4) provide an orderly, systematic record of depository holdings and subsequent 
arrangement of state publications; 
(5) furnish a minimum of 400 linear feet of shelving for depository state 
publications; 
(6) designate a professional librarian to be responsible for state publications 
and to act as liaison with the Texas State Library;
(7) provide reference service from state publications to all Texas residents; 
(8) provide access to state publications through reference tools, public 
catalogs, and national, state, and local computer networks which is comparable 
with that of similar information available through the library; 
(9) implement a circulation and interlibrary loan policy for state publications 
which is consistent with the institution's general loan policy; 
(10) retain physical state publications for a minimum of five years unless 
otherwise instructed, and submit a disposal list in electronic format to the 
Texas State Library for distribution before such state publications are 
discarded; 
(11) provide appropriate equipment for the retrieval, use and storage of all 
state publications; 
(12) publicize state publications through displays and announcements of 
significant new state publications; and 
(13) display a sign, identifying its depository library status. 

sec.3.13.Designation of Depository Library Status for Electronic State 
Publications.
The director of a library in Texas may apply in writing to the Director and 
Librarian for electronic depository library status. After considering the need 
for additional access to state publications by the public, whether the applying 
library will provide access to a unique, unserved or underserved population, 
whether it will provide superior access, whether it is a publicly-supported 
institution and whether it can meet the minimum standards outlined in sec.3.15 
of this title (relating to Minimum Standards for Designated Electronic 
Depository Libraries), the Director and Librarian may grant the applying library 
electronic depository library status. The Director and Librarian shall execute a 
contract with the library setting forth the responsibilities of the program and 
of the depository library. The director of an applying library whose application 
is denied may appeal the decision to the Texas State Library and Archives 
Commission. 

sec.3.14.Termination of Designated Depository Library Status for Electronic 
State Publications.
Electronic depository status may be terminated by either party upon six-months' 
written notice. 

sec.3.15.Minimum Standards for Designated Electronic Depository Libraries.
To meet minimum standards, a designated electronic depository library must: 
(1) maintain an Internet connection available to the public which meets the 
provisions of sec.1.100 of this title (relating to Standards for Local Library 
Internet Access); except that electronic depository libraries need not meet the 
standards in sec.1.100 (b)(5)(B)7 and 8 regarding staff access to Internet 
services and Internet accessibility of the local catalog;
(2) provide a user interface to the Texas Records and Information Locator 
(TRAIL), in a format approved by the Director and Librarian, through all public 
terminals; 
(3) designate a professional librarian to be responsible for state electronic 
state publications and to act as liaison with the Texas State Library; 
(4) provide reference service from state electronic state publications to all 
Texas residents; 
(5) provide access to state electronic state publications through reference 
tools, public catalogs, and national, state, and local computer networks which 
is comparable with that of similar information available through the library; 
(6) implement a use policy for electronics state publications which is 
consistent with the institution's general use policy; 
(7) provide appropriate equipment for the retrieval, use and storage of all 
state publications; 
(8) publicize state publications through displays and announcements of 
significant new state publications. 
(9) display a sign, identifying its electronic depository library status. 
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 March 2, 1997.
TRD-9702944
Raymond Hitt 
Assistant State Librarian 
Texas State Library and Archives Commission 
Effective date: March 24, 1997
Proposal publication date: December 20, 1996
For further information, please call: (512) 463-5460

TITLE 22. EXAMINING BOARDS
PART I. Texas Board of Architectural Examiners
CHAPTER 1.Architects
SUBCHAPTER E.Fees
22 TAC sec.1.84
The Texas Board of Architectural Examiners adopts an amendment to sec.1.84, 
concerning Annual Registration and Renewal Fee, without changes to the text as 
published in the December 20, 1996 issue of the Texas Register (21 TexReg 
12271).
This amendment is being adopted to clarify when a notice for annual registration 
and renewal fee will be mailed to each architect. 
The adoption of this amendment will result in fewer late payment penalties being 
imposed and fewer revocations resulting from registrants failing to pay late 
renewal penalty fees. 
No comments were received regarding adoption of the amendment. 
The amendment is adopted under the Texas Civil Statutes, Article 249a, which 
provide the Texas Board of Architectural Examiners with authority to promulgate 
rules. 
This proposed amendment does not affect any other statutes.
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 27, 1997.
TRD-9702824
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: March 20, 1997
Proposal publication date: December 20, 1996
For further information, please call: (512) 305-8535

CHAPTER 3.Landscape Architects
SUBCHAPTER E.Fees
22 TAC sec.3.84
The Texas Board of Architectural Examiners adopts an amendment to sec.3.84, 
Annual Registration and Renewal Fee, without changes to the text as published in 
the December 20, 1996 issue of the Texas Register (21 TexReg 12272). 
This amendment is being adopted to clarify when a notice for annual registration 
and renewal fee will be mailed to each landscape architect. 
The adoption of this amendment will result in fewer late payment penalties being 
imposed and fewer revocations resulting from registrants failing to pay late 
renewal penalty fees. 
No comments were received regarding adoption of the amendment. 
The amendment is adopted under Texas Civil Statutes, Article 249c, which provide 
the Texas Board of Architectural Examiners with authority to promulgate rules. 
This proposed amendment does not affect any other statutes.

sec.3.84. Annual Registration and Renewal Fee.
(a) (No change.) 
(b) Registrations will expire on staggered dates. Only one notice will be mailed 
to landscape architects approximately 30 days prior to renewal. 
(c) Annual renewal payment is due (postmarked) by the annual expiration date. 
Failure to renew by the annual expiration date will result in a penalty. If 
payment is received within 90 days after the expiration date, the penalty is one 
half of the examination fee. If payment is received from 91 days to one year (91 
days to 365 days) after the expiration date, the penalty is the full examination 
fee. All penalties are in addition to the annual renewal fee. 
(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 27, 1997.
TRD-9702825
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: March 20, 1997
Proposal publication date: December 20, 1996
For further information, please call: (512) 305-8535

CHAPTER 5.Interior Designers
SUBCHAPTER E.Fees
22 TAC sec.5.92
The Texas Board of Architectural Examiners adopts new sec.5.92, concerning 
Application Without Examination Fees, with changes to the text as published in 
the December 20, 1996 issue of the Texas Register (21 TexReg 12273). The change 
is to replace the word pay with the word remit. 
This new rule is being adopted to provide for the collection of record 
maintenance fees from all applicants for interior design registration without 
examination. 
The adoption of this rule will be the recovery of expenses involved in 
maintaining these applications in the data base, and a reduction in the number 
of incomplete applications for registration without examination. 
No comments were received regarding adoption of the rule. 
The new rule is adopted under Texas Civil Statutes, Article 249e, which provide 
the Texas Board of Architectural Examiners with authority to promulgate rules. 
This rule does not affect any other statutes. 

sec.5.92. Application Without Examination Fees.
All applicants for registration without examination will be required to remit 
record maintenance fees as prescribed by the board. 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on February 27, 1997.
TRD-9702827
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: March 20, 1997
Proposal publication date: December 20, 1996
For further information, please call: (512) 305-8535

22 TAC sec.5.95
The Texas Board of Architectural Examiners adopts an amendment to sec.5.95, 
concerning Annual Registration and Renewal Fee, without changes to the text as 
published in the December 20, 1996 issue of the Texas Register (21 TexReg 
12273). The text will not be republished.
This amendment is being adopted to clarify when a notice for annual registration 
and renewal fee will be mailed to each interior designer. 
The adoption of this amendment will result in fewer late payment penalties being 
imposed and fewer revocations resulting from registrants failing to pay late 
renewal penalty fees. 
No comments were received regarding adoption of the amendment. 
The amendment is adopted under Texas Civil Statutes, Article 249e, which provide 
the Texas Board of Architectural Examiners with authority to promulgate rules. 
This proposed amendment does not affect any other statutes.
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 27, 1997.
TRD-9702826
Cathy L. Hendricks, ASID/IIDA
Executive Director
Texas Board of Architectural Examiners
Effective date: March 20, 1997
Proposal publication date: December 20, 1996
For further information, please call: (512) 305-8535

PART XXI. Texas State Board of Examiners of Psychologists 
CHAPTER 461.General Rulings
22 TAC sec.461.7
The Texas State Board of Examiners of Psychologists adopts an amendment to 
sec.461.7, concerning License Statuses, without changes to the proposed text as 
published in the January 17, 1997, issue of the Texas Register (22 TexReg 822). 
The rule is being amended to consolidate all rules regarding inactive status for 
licensees/certificands, as well as to identify all other license statuses. The 
amendment will make the rules easier to understand and follow and will better 
inform the public of the status of a particular licensee. 
No comments were received regarding adoption of the amendment. 
The amendment is adopted under Texas Civil Statutes, 4512c, which provide the 
Texas State Board of Examiners of Psychologists with the authority to promulgate 
rules consistent with the Statute. 
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 26, 1997.
TRD-9702808
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: March 20, 1997
Proposal publication date: January 17, 1997
For further information, please call: (512) 305-7700

22 TAC sec.461.28
The Texas State Board of Examiners of Psychologists adopts new sec.461.28, 
concerning Suspension of License for Failure to Pay Child Support, without 
changes to the proposed text as published in the January 3, 1997, issue of the 
Texas Register (22 TexReg 19). 
The new rule is necessary to bring the Board into compliance with State child 
support laws. 
The new rule will provide a mechanism by which the Board can enforce license 
suspension due to failure to comply with State child support laws. 
No comments were received regarding adoption of the new rule. 
The new rule is adopted under Texas Civil Statutes, 4512c, which provide the 
Texas State Board of Examiners of Psychologists with the authority to promulgate 
rules consistent with the Statute. 
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 26, 1997.
TRD-9702809
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: March 20, 1997
Proposal publication date: January 3, 1997
For further information, please call: (512) 305-7700

22 TAC sec.461.29
The Texas State Board of Examiners of Psychologists adopts new sec.461.29, 
concerning Non-compliance with Continuing Education Requirements, without 
changes to the proposed text as published in the January 3, 1997, issue of the 
Texas Register (22 TexReg 19).
The new rule is necessary to ensure that all individuals practicing psychology 
pursuant to licensure with the Board are in compliance with the mandatory 
continuing education required by the Psychologists' Certification and Licensing 
Act. 
The new rule will increase voluntary compliance with the Board's continuing 
education requirements. 
No comments were received regarding adoption of the new rule. 
The new rule is adopted under Texas Civil Statutes, 4512c, which provide the 
Texas State Board of Examiners of Psychologists with the authority to promulgate 
rules consistent with the Statute. 
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 26, 1997.
TRD-9702810
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: March 20, 1997
Proposal publication date: January 3, 1997
For further information, please call: (512) 305-7700

CHAPTER 465.Rules of Practice
22 TAC sec.465.1
The Texas State Board of Examiners of Psychologists adopts an amendment to 
sec.465.1, concerning Listings, without changes to theproposed text as published 
in the January 3, 1997, issue of the Texas Register (22 TexReg 20). 
The rule is being amended to clarify the Board's requirements for listings by 
individuals being supervised by licensed psychologists, as well as the 
supervising psychologists. 
The amendment will better inform the public and licensees of the requirements of 
the Board. 
No comments were received regarding adoption of the amendment. 
The amendment is adopted under Texas Civil Statutes, 4512c, which provide the 
Texas State Board of Examiners of Psychologists with the authority to promulgate 
rules consistent with the Statute. 
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 26, 1997.
TRD-9702811
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: March 20, 1997
Proposal publication date: January 3, 1997
For further information, please call: (512) 305-7700

22 TAC sec.465.10
The Texas State Board of Examiners of Psychologists adopts an amendment to 
sec.465.10, concerning Applicability of the Act and Rulesof the Board to 
Licensees, without changes to the proposed text as published in the January 3, 
1997, issue of the Texas Register (22 TexReg 20). 
The rule is being amended to add language that the term "licensee" will refer to 
all licensees/certificands, applicants and any other individual over whom the 
Board has authority. 
The amendment will clarify and simplify the rules. 
No comments were received regarding adoption of the amendment. 
The amendment is adopted under Texas Civil Statutes, 4512c, which provide the 
Texas State Board of Examiners of Psychologists with the authority to promulgate 
rules consistent with the Statute. 
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 26, 1997.
TRD-9702812
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: March 20, 1997
Proposal publication date: January 3, 1997
For further information, please call: (512) 305-7700

22 TAC sec.465.21
The Texas State Board of Examiners of Psychologists adopts the repeal of 
sec.465.21, concerning Inactive Status, without changes to the proposed text as 
published in the January 3, 1997, issue of the Texas Register (22 TexReg 21). 
The rule is being repealed because the Board is consolidating the rules dealing 
with inactive status for licensees/certificands. 
The repeal will make the rules easier for licensees/certificands and the general 
public to follow and understand and will better inform the public of the Board's 
requirements. 
No comments were received regarding adoption of the repeal. 
The repeal is adopted under Texas Civil Statutes, 4512c, which provide the Texas 
State Board of Examiners of Psychologists with the authority to promulgate rules 
consistent with the Statute. 
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 26, 1997.
TRD-9702813
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: March 20, 1997
Proposal publication date: January 3, 1997
For further information, please call: (512) 305-7700

CHAPTER 466.Specialty Certification
22 TAC sec.466.44
The Texas State Board of Examiners of Psychologists adopts new sec.466.44, 
concerning Disciplinary Guidelines, without changes to the proposed text as 
published in the January 3, 1997, issue of the Texas Register (22 TexReg 21). 
The new rule is necessary in order to codify existing Board policies and 
practices. 
The new rule will better inform the public about the guidelines used by the 
Board in imposing disciplinary sanctions. 
No comments were received regarding adoption of the new rule. 
The new rule is adopted under Texas Civil Statutes, 4512c, which provide the 
Texas State Board of Examiners of Psychologists with the authority to promulgate 
rules consistent with the Statute. 
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 26, 1997.
TRD-9702814
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: March 20, 1997
Proposal publication date: January 3, 1997
For further information, please call: (512) 305-7700

CHAPTER 469.Specialty Certification
22 TAC sec.469.2
The Texas State Board of Examiners of Psychologists adopts an amendment to 
sec.469.2, concerning Criteria for Health Service Providers in Psychology, 
without changes to the proposed text as published in the January 3, 1997, issue 
of the Texas Register (22 TexReg 23). 
The rule is being amended to put limitations on the length of time individuals 
may apply for status as Health Service Providers through the Board under 
criteria different from the current national standards. 
The amendment will bring the Board's criteria for certifying psychologists as 
Health Service Providers into line with the Council for the National Register of 
Health Service Providers in Psychology. 
No comments were received regarding adoption of the amendment. 
The amendment is adopted under Texas Civil Statutes, 4512c, which provide the 
Texas State Board of Examiners of Psychologists with the authority to promulgate 
rules consistent with the Statute. 
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 26, 1997.
TRD-9702815
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: March 20, 1997
Proposal publication date: January 3, 1997
For further information, please call: (512) 305-7700

TITLE 25. HEALTH SERVICES
PART VIII. Interagency Council on Early Childhood Intervention Services
CHAPTER 621. Early Childhood Intervention
Early Childhood Intervention Service Delivery
25 TAC sec.621.23, sec.621.24
The Interagency Council on Early Childhood Intervention adopts amendments to 
sec.621.23 and sec.621.24, concerning requirements for physical therapy 
services, and self-assessment process for new Early Intervention Service 
Professionals. These sections are being adopted without changes to the proposed 
text as published in the December 6, 1996, issue of the Texas Register (21 
TexReg 11725) and will not be republished. 
Sections 621.23 and 621.24 are being adopted to comply with federal regulations 
and will define terms commonly used in the profession. 
No comments were received regarding adoption of the amendments. 
The amendments are being adopted under Human Resources Code, Chapter 73 which 
authorizes the Interagency Council on Early Childhood Intervention Services to 
establish rules regarding services provided for children with developmental 
delays.
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 28, 1997.
TRD-9702884
Donna Samuelson
Deputy Executive Director
Interagency Council on Early Childhood Intervention Services
Effective date: March 21, 1997
Proposal publication date: December 6, 1996
For further information, please call: (512) 424-6754

Procedural Safeguards and Due Process Procedures
25 TAC sec.621.45
The Interagency Council on Early Childhood Intervention Services adopts new 
sec.621.45 concerning Procedural Safeguards and Due Process Procedures. Section 
621.45 is being adopted without changes to the proposed text as published in the 
December 6, 1996, issue of the Texas Register (21 TexReg 11726) and will not be 
republished. 
Section 621.45 will bring the Interagency Council on Early Childhood 
Intervention Services into compliance with federal regulations which will allow 
the lead agency to establish and maintain a comprehensive child find system. 
No comments were received regarding the adoption of the new rule. 
The new rule is being adopted under the Human Resources Code, Chapter 73 which 
authorizes the Interagency Council on Early Childhood Intervention Services to 
establish rules regarding services provided for children with developmental 
delays.
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 28, 1997.
TRD-9702882
Donna Samuelson
Deputy Executive Director
Interagency Council on Early Childhood Intervention Services
Effective date: March 21, 1997
Proposal publication date: December 6, 1996
For further information, please call: (512) 424-6754

25 TAC sec.621.46
The Interagency Council on Early Childhood Intervention Services adopts 
amendments to sec.621.46 concerning Administrative Hearings regarding Child 
Rights which addresses extensions of time. This amendment is being adopted 
without changes to the proposed text as published in the December 6, 1996, issue 
of the Texas Register (21 TexReg 11727) and will not be republished. 
The amendment is being adopted to comply with federal regulations. 
No comments were received regarding adoption of the proposed amendment.
The amendment is being adopted under Human Resources Code, Chapter 73 which 
authorizes the Interagency Council on Early Childhood Intervention Services to 
establish rules regarding services provided for children with developmental 
delays.
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 28, 1997.
TRD-9702883
Donna Samuelson
Deputy Executive Director
Interagency Council on Early Childhood Intervention Services
Effective date: March 21, 1997
Proposal publication date: December 6, 1996
For further information, please call: (512) 424-6754

TITLE 31. NATURAL RESOURCES AND CONSERVATION
PART IV. School Land Board
CHAPTER 155.Land Resources
Coastal Public Lands
31 TAC sec.155.15
The School Land Board (SLB) adopts an amendment to sec.155.15, concerning fees 
and charges which may be collected by the SLB, with minor editorial changes to 
the proposed text as published in the December 24, 1996, issue of the Texas 
Register (21 TexReg 12392). The amendment to this section was made to add an 
annual fee for bulkheads. Further, the adopted amendment defines the terms 
bulkhead and alignment bulkheads referenced in the rules. 
Four editorial changes were made to clarify fees for bulkheads in 
sec.155.15(b)(2)(D)(viii)(II), concerning fees for fill activity. 
The correct text in sec.155.15(b)(2)(D)(viii)(II)(-b-) should be annual fee. 
This change omits the text designating the fee for a bulkhead. The fee of $.10 
per square foot or fill formula, whichever is greater/$25 minimum, in 
sec.155.15(b)(2)(D) (viii)(II)(-b-) is intended to apply to all types of fill 
activity. 
Existing fill (excluding bulkheads) not permitted as of August 15, 1995, has 
been substituted for the text shown in the proposed text in 
sec.155.15(b)(2)(D)(viii)(II)(-b-)(-1-) to clarify that $.02 per square foot or 
$25, whichever is greater, does not apply to bulkheads. 
A change to the language in sec.155.15(b)(2)(D)(viii)(II)(-b-)(- 2-) has been 
made by substituting annual fee for an alignment bulkhead to be constructed or 
constructed but not permitted as of August 15, 1995, for the proposed text. This 
is to clarify that the fees in this subsection apply only to alignment bulkheads 
that fall within the stated requirements. 
The correct text in sec.155.15(b)(2)(D)(viii)(II)(-c-) should be annual fee for 
other, and the language bulkhead or fill activity should be omitted. The 
definition of fill area in 155.15(b)(1)(J) includes bulkheads making this 
language in subsection sec.155.15(b)(2)(D)(viii)(II)(-c-) unnecessary. No 
comments were received regarding the proposed amendment. 
The amendment is adopted under Texas Natural Resource Code, sec.sec.33.051, 
33.052, 33.063 and 33.064, which authorizes the SLB to adopt procedural and 
substantive rules necessary to administer, implement, and enforce the Coastal 
Public Lands Management Act of 1973.

sec.155.15.Fees.
(a) General. 
(1) Form of payment. Fees may be paid by cash, check or other legal means 
acceptable to the commissioner. 
(2) Time for payment. Payment is generally required in advance of issuance of 
permits, leases and other documents and/or delivery of services and/or materials 
by the General Land Office. 
(3) Dishonor or nonpayment by other means. In the event a fee is not paid due to 
dishonor, nonpayment, or otherwise, the General Land Office shall have no 
further obligation to issue permits, leases and other documents and/or provide 
services and/or materials to the permittee, lessee, or applicant. 
(b) School Land Board fees and charges. The School Land Board is authorized and 
required under the Natural Resources Code, Chapter 33, to collect the fees and 
charges set forth in this subsection where applicable.
(1) Definitions. The following words and terms, when used in this subsection, 
shall have the following meanings, unless the context clearly indicates 
otherwise. 
(A) Adjacent littoral property--The property, specified in the easement 
application as owned by the easement applicant, that is contiguous to and 
borders the coastal public land upon which the easement is sought.
(B) Alignment Bulkheads-Proposed bulkheads which align with an adjacent, 
preexisting bulkhead, or bulkheads. 
(C) Appraised market value of adjacent littoral property-Fair market value of 
the unimproved adjacent littoral property as determined by the appropriate tax 
appraisal district. 
(D) Basin-A structure used for commercial or industrial activity that consists 
of the area of the land encumbered and any fixtures attached thereto. This 
definition includes the construction and maintenance of marinas, piers, 
walkways, docks, dolphins, and wharves and any and all dredged area associated 
therewith. 
(E) Basin formula-The amount of encumbered state land multiplied by the 
appraised market value of the adjacent littoral property multiplied by the 
submerged land discount multiplied by the return on investment. 
(F) Bulkhead-A retaining wall or other structure built on or adjacent to 
littoral property. 
(G) Dredged Area-An excavated area, including channels and basins, on coastal 
public lands. This definition excludes any structure that would be included in 
the definition of fill area or basin. 
(H) Commercial activity-Activity which is designed to enhance or accommodate a 
venture associated with a revenue generating activity. This definition excludes 
industrial activity, but includes residential uses if there is revenue 
generating activity conducted on the premises. 
(I) Encumbered state land-The amount of state coastal public land encumbered by 
the permitted activity and is expressed in number of square feet. 
(J) Encumbered open area--That portion of a project in which the design or use 
of the project impedes public access to coastal public lands and is not 
otherwise defined as a dredged area or other structure.
(K) Evaluation fee--A one-time fee assessed upon the granting of a commercial 
instrument. In the case of multiple-purpose easement applications, only one 
evaluation fee will be assessed. 
(L) Fill area--A structure, excluding riprap, concrete stairs, breakwaters, 
jetties, and groins that permanently and fully encumbers, and entirely displaces 
the water covering the coastal public land. This activity includes the 
construction and maintenance of bulkheads. 
(M) Fill formula--State land encumbered multiplied by the appraised market value 
of adjacent littoral property multiplied by the return on investment. 
(N) Homeowners association--An association whose individual members, by virtue 
of holding full and exclusive title to the adjacent littoral property area 
specifically defined in an easement application, are entitled, as a group, to 
the privileges of an easement that may be granted by the State of Texas for use 
of adjacent coastal public land. 
(O) Industrial activity--A use of coastal public land not associated with 
private activity that facilitates and is ancillary to a manufacturing, 
processing, or gathering facility. 
(P) Mineral interest holder--Holder of a state mineral lease who plans to dredge 
on state-owned coastal lands outside the state leasehold tract to obtain access 
to the state leasehold tract. 
(Q) New dredged area--An excavated area which is not under current permit with 
the General Land Office. The new dredged area rate is charged for the first 
year, and the fee for maintaining the dredged area is charged for each 
subsequent year of the easement term. 
(R) Private non-profit use--A private activity which does not contemplate the 
generation of any revenue. 
(S) Public activity--Activity which is performed in the public interest by a 
public entity or a private non-profit organization, is not designed to enhance 
or accommodate a profit-making venture, and is not associated with a revenue 
generating activity. 
(T) Public entity--City, county, state agency, board or commission, or any other 
political subdivision of the state. See sec.155.21 of this title (relating to 
Application; Nature of Original Lease; Sublease; Termination).
(U) Residential use, Category I--One single-family residential structure per 
defined lot or parcel of land; both land and improvements are typically under 
the same ownership. 
(V) Residential use, Category II--Multi-family residential units per defined lot 
or parcel of land; land and individual units may be separately owned; includes 
uses by condominium developments and qualified homeowners associations acting 
for and on behalf of owners of a multi-family residential development, but does 
not include time-share developments or any use that includes commercial 
activities.  
(W) Resource Impact Fee--A one-time fee assessed for proposed projects that 
impact seagrass, emergent marsh, or oyster reef, for which there is no separate 
mitigation requirement. 
(X) Return on investment--A number used in the basin, fill, and industrial 
activity formulas that reflects a financial return expectation. The return on 
investment rate will be set annually by the School Land Board and will be 
effective at the beginning of each fiscal year. 
(Y) Shoreline stabilization project--Vegetative cover or rip-rap consisting of 
concrete block, concrete rubble, rock, brick, sack crete or similar material 
approved by the General Land Office utilized to control shoreline erosion. 
(Z) Structure--As defined in the Natural Resources Code, sec.33.004.
(AA) Submerged land discount--60% discount used in formulas when the easement is 
commercial, 70% discount used in formulas when the easement is industrial. 
(2) Coastal fees and charges. The School Land Board will charge the following 
coastal lease and coastal easement fees for use of coastal public land, and will 
charge the following structure registration and permit fees. The School Land 
Board charge will be based on either the fixed fee schedule or the alternate 
commercial, industrial, residential, and public formulas as delineated in 
subparagraphs (C) and (D) of this paragraph. The greater of the fixed fee or 
formula rate will be charged. 
(A) Coastal lease charges. The School Land Board may only grant coastal leases 
to certain entities, as prescribed by the Natural Resources Code, sec.33.105 and 
sec.33.109. 
(i) Private activity, Non-profit, scientific, or educational activity authorized 
by sec.155.2(a)3) and (4) of this title (relating to Leases): 
(I) filing fee: $25; 
(II) annual fee: negotiable/$5.00 minimum. 
(ii) Public activity authorized by sec.155.2(a)(1) and (2) of this title 
(relating to Leases): 
(I) filing fee: $25; 
(II) annual fee: no charge. 
(iii) Public activity authorized by sec.155.2(a)(1) and (b)(4) of this title 
(relating to Leases): 
(I) sub-lease processing fee: $50; 
(II) annual fee: negotiated percentage of the activity's gross annual revenues. 
(B) Structure registration fee. Structure registration fee is required for 
private piers or docks that are 100 feet long or less and 25 feet wide or less 
and require no dredging or filling, as authorized by the Natural Resources Code, 
sec.33.115. Though School Land Board approval is not required for construction, 
the applicant must register the location of the structure. The registration is 
valid for the life of the structure:
(i) filing fee: $25; 
(ii) annual fee: no charge; 
(iii) assignment fee: $25; 
(iv) amendment fee: $25. 
(C) Miscellaneous coastal easement fees: 
(i) assignment fee: $50; 
(ii) amendment fee: $50; 
(iii) late payment fee: 10% of past due amount/$25 minimum.
(D) Coastal eastment fees: 
(i) piers and docks: 
(I) residential use: Category I: 
(-a-) filing fee: $25; 
(-b-) annual fee: $.03 per square foot/$25 minimum;  
(II) residential use: Category II: 
(-a-) filing fee: $50; 
(-b-) annual fee: 75% of fee calculated for same use as a commercial 
activity/$100 minimum; 
(III) commercial: 
(-a-) filing fee: $50; 
(-b-) evaluation fee: $50; 
(-c-) annual fee: $.20 per square foot/$100 minimum; 
(IV) Other, private non-profit use: 
(-a-) filing fee: $50; 
(-b-) annual fee: negotiable/$100 minimum. 
(ii) marinas: 
(I) Clear Lake: 
(-a-) filing fee: $50; 
(-b-) evaluation fee: $50; 
(-c-) annual fee: $4.00 per boat slip linear foot; 
(II) residential use: Category II: 
(-a-) filing fee: $50; 
(-b-) annual fee: 75% of fee calculated for same use as a commercial activity; 
(III) other: 
(-a-) filing fee: $50; 
(-b-) evaluation fee: $50; 
(-c-) annual fee: $3.00 per boat slip linear foot; 
(iii) wharf: 
(I) filing fee: $50; 
(II) evaluation fee: $50; 
(III) annual fee: $.30 per square foot/$100 minimum; 
(iv) breakwaters, jetties, and groins: 
(I) residential--Category I: 
(-a-) filing fee: $25; 
(-b-) annual fee: $.20 per square foot/$25 minimum;  
(II) residential--Category II: 
(-a-) filing fee: $50; 
(-b-) annual fee: 75% of fee calculated for same use as a commercial 
activity/$100 minimum; 
(III) commercial activity: 
(-a-) filing fee: $50; 
(-b-) evaluation fee: $50; 
(-c-) annual fee: $.20 per square foot/$100 minimum; 
(v) dredged area: 
(I) mineral interest holder: 
(-a-) filing fee: $50; 
(-b-) evaluation fee: $50; 
(-c-) annual fee: 
(-1-) first year fee for a new dredged area: $.02 per square foot/$100 minimum; 
(-2-) fee for maintaining a dredged area after first year of easement: $.005 per 
square foot/$100 minimum; 
(II) residential--Category I: 
(-a-) filing fee: $50; 
(-b-) annual fee: 
(-1-) first year fee for a new dredged area: $.03 per square foot/$25 minimum; 
(-2-) fee for maintaining a dredged area after first year of easement: $.005 per 
square foot/$25 minimum; 
(III) residential--Category II: 
(-a-) filing fee: $50; 
(-b-) annual fee: 75% of fee calculated for same use as commercial activity/$100 
minimum; 
(IV) commercial activity: 
(-a-) filing fee: $50; 
(-b-) evaluation fee: $50; 
(-c-) annual fee: 
(-1-) first year fee for a new dredged area: $.05 per square foot/$100 minimum; 
(-2-) fee for maintaining a dredged area after first year of easement: $.01 per 
square foot/$100 minimum; 
(vi) Open encumbered area: 
(I) residential--Category I: 
(-a-) filing fee: none; 
(-b-) annual fee: none; 
(II) residential--Category II: 
(-a-) filing fee: $50; 
(-b-) annual fee: 75% of fee calculated for same use as commercial activity/$100 
minimum; 
(III) commercial activity: 
(-a-) filing fee: $50; 
(-b-) evaluation fee: $50; 
(-c-) annual fee: $.03 per square foot/$100 minimum; 
(IV) Other, private non-profit use: 
(-a-) filing fee: $50; 
(-b-) evaluation fee: $50; 
(-c-) annual fee: negotiable/$100 minimum; 
(vii) basin: commercial and industrial activity: 
(I) industrial activity: 
(-a-) filing fee: $50; 
(-b-) annual fee: basin formula, industrial activity;
(-c-) evaluation fee: $50; 
(II) commercial activity: 
(-a-) filing fee: $50; 
(-b-) annual fee: basin formula, commercial activity;
(-c-) evaluation fee: $50; 
(viii) fill area: all activity: 
(I) commercial/industrial: 
(-a-) filing fee: $50; 
(-b-) annual fee: $.20 per square foot, $100 minimum, or fill formula; 
(-c-) evaluation fee: $50; 
(II) private activity/public activity: 
(-a-) filing fee: $50; 
(-b-) annual fee: 
(-1-) existing fill (excluding bulkheads) not permitted as of August 15, 1995: 
$.02 per square foot or $25, whichever is greater; 
(-2-) annual fee for an alignment bulkhead to be constructed or constructed, but 
not permitted, as of August 15, 1995: $.02 per square foot or $25, whichever is 
greater; 
(-c-) annual fee for other: $.10 per square foot or fill formula, whichever is 
greater/$25 minimum; 
(ix) Shoreline stabilization project: 
(I) All activities authorized by sec.155.1(b)(2)(A)-(C) of this title (relating 
to General Provisions): 
(-a-) filing fee: $15; 
(-b-) annual fee: none. 
(II) Others: 
(-a-) filing fee: $25; 
(-b-) annual fee: negotiable/$.03 per square foot/$25 minimum; 
(x) Boat ramps, concrete stairs, concrete slabs: 
(I) residential--Category I: 
(-a-) filing fee: $25 
(-b-) annual fee: $.03 per square foot/$25 minimum;  
(II) residential--Category II: 
(-a-) filing fee: $50; 
(-b-) annual fee: 75% of fee calculated for same use as a commercial 
activity/$100 minimum; 
(III) commercial activity: 
(-a-) filing fee: $50; 
(-b-) evaluation fee: $50; 
(-c-) annual fee: $.20 per square foot/$100 minimum; 
(IV) Other, private non-profit use: 
(-a-) filing fee: $50; 
(-b-) annual fee: $100. 
(E) Structure (cabin) permits: 
(i) fees: 
(I) refundable deposit: $200; 
(II) annual fee for all structures excluding piers, docks, and walkways will be 
calculated at $.60 per square foot per year; 
(III) contract renewal: $175; 
(IV) new contract issuance: $325; 
(V) late payment fee: 25% of past due amount; 
(VI) minimum annual payment: $175; 
(ii) permittee may apply for a continuation of the previous fee if the permit 
was issued prior to July 18, 1983 (the date of the initial rate increase), and 
if the annual fee will impose an undue financial hardship on a current permit 
holder. 
(F) Resource Impact Fee: 
(i) Public use piers and residential piers constructed within guidelines: 
exempt; 
(ii) All others: $100 plus $1.00 per square foot of impacted area. 
(G) Term. The term for all coastal leases and coastal easements is negotiable. 
School Land Board approval is required prior to construction.
(H) Rental adjustments--all commercial and industrial easements. At every five-
year interval in the term of commercial and industrial easements, the rental fee 
for the easement will be subject to adjustment. The adjustment, if any, will be 
in accordance with the then current Fee Schedule as adopted by the School Land 
Board. 
(I) Discretionary authority. The School Land Board may reduce or waive any fee 
set forth herein if such action would be in the public's best interest as 
determined by the School Land Board. 
(J) Implementation. 
(i) New residential developments. Upon the application for an easement 
associated with the development of a multi-unit or single-family residential 
project, the easement application will be processed and fee determined according 
to the appropriate commercial activity rate. Upon the sale of an individual 
residential unit associated with the easement, with sufficient infrastructure in 
place to convert use of the unit to individual use (and use of associated 
easement to private activity), the original easement applicant, upon agreement 
with the commissioner of the General Land Office, may pay a $50 conversion fee. 
The easement fee may then be reduced by the percentage that the sold unit 
represented to the total number of units associated with the easement. At the 
time the conversion fee is paid under the provisions herein, the unit will then 
be considered to be subject to the residential activity rates upon renewal of 
the easement. For units already sold prior to the effective date of this 
section, conversion to a residential activity rate will be granted without the 
payment of the conversion fee. 
(ii) Additional terms. The commissioner of the General Land Office may require, 
as a condition for the granting of an easement set forth in this section, such 
additional terms that he feels are necessary to secure performance under any 
such easement.
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 27, 1997.
TRD-9702785
Garry Mauro
Chairman
School Land Board
Effective date: March 20, 1997
Proposal publication date: December 24, 1996
For further information, please call: (512) 305-9120

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.3.501, 
sec.3.902, and sec.3.1601, concerning household determination, income and 
relationship/domicile in its Income Assistance Services rule chapter. The 
purpose of the amendments is to implement federally mandated policy that revises 
the temporary absence from 12 months to six months and penalizes a parent who 
fails to report the temporary absence. 
The amendments will function by ensuring that DHS will be in compliance with 
federal law.

SUBCHAPTER E.Household Determination
40 TAC sec.3.501
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 is adopted in compliance with federal requirements 
effective April 1, 1997. 
The amendment implements the Human Resources Code sec.sec.22.001-22.030. 

sec.3.501.Household Determination.
(a) (No change.) 
(b) Aid to Families with Dependent Children. The following persons are not 
included in an AFDC certified group: 
(1)-(2) (No change.) 
(3) Disqualified persons. 
(A) Persons are disqualified because they: 
(i)-(iii) (No change.) 
(iv) fail to comply with employment services, social security number, or third-
party resources (TPR) requirements; 
(v) are caretakers and second parents (except for those who are members of the 
state welfare reform waiver control group as described in sec.3.6002 of this 
title (relating to Applicability of Aid to Families with Dependent Children 
(AFDC) Policies Resulting from Human Resources Code, sec.31.0065, Relating to 
Time-Limits) who have exhausted their time limits of 12, 24, or 36 months, 
assigned according to the guidelines in Human Resources Code, sec.31.0065 for 
receiving AFDC cash benefits; or 
(vi) fail to timely report a certified child's temporary absence.
(B)-(C) (No change.) 
(4)-(7) (No change.) 
(c)-(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 28, 1997.
TRD-9702898
Glenn Scott
General Counsel, Legal Services
Texas Department of Human Services
Effective date: April 1, 1997
Proposal publication date: N/A
For further information, please call: (512) 438-3765

40 TAC sec.3.902
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 is adopted in compliance with federal requirements 
effective April 1, 1997. 
The amendment implements the Human Resources Code sec.sec.22.001-22.030.

sec.3.902.Types of Income.
(a) Aid to Families with Dependent Children. The Texas Department of Human 
Services (DHS) counts the following as income: 
(1)-(16) (No change.) 
(17) disqualified legal parent. DHS counts the income of a legal parent 
disqualified for noncompliance with social security number requirements, third 
party resource requirements, intentional program violations, child support 
requirements, employment services requirements or failure to report temporary 
absence of a child using regular budgeting policy and allowing an exclusion for 
diverted income only as specified in subsection (b)(1) of this section. DHS 
counts the income of a parent(s) disqualified because of alien status as 
specified in 45 Code of Federal Regulation (CFR) sec.233.50(c), citizenship 
requirements as specified in sec.3.603(a) of this title (relating to 
Disqualification because Verification of Citizenship Is Pending), or exhaustion 
of time limits as specified in sec.3.501(b)(3) of this title (relating to Aid to 
Families with Dependent Children (AFDC) and Food Stamp Household Determination). 
The income of such a parent is counted as specified in 45 CFR 
233.20(a)(3)(B)(vi). 
(18)-(29) (No change.) 
(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 28, 1997.
TRD-9702899
Glenn Scott
General Counsel, Legal Services
Texas Department of Human Services
Effective date: April 1, 1997
Proposal publication date: N/A
For further information, please call: (512) 438-3765

40 TAC sec.3.1601
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 is adopted in compliance with federal requirements 
effective April 1, 1997. 
The amendment implements the Human Resources Code sec.sec.22.001-22.030.

sec.3.1601.Aid to Families with Dependent Children Relationship/Domicile 
Requirements.
Aid to Families with Dependent Children clients must meet relationship/domicile 
requirements stipulated in 45 Code of Federal Regulations sec.233.90(c)(1)(v) 
or, the Social Security Act as amended by Title IV, Section 408 of Public Law 
104-193, the Personal Responsibility and Work Opportunity Reconciliation Act of 
1996, or must live with a first cousin once removed or a great-great-great 
grandfather or grandmother. 
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 28, 1997.
TRD-9702900
Glenn Scott
General Counsel, Legal Services
Texas Department of Human Services
Effective date: April 1, 1997
Proposal publication date: N/A
For further information, please call: (512) 438-3765

CHAPTER 79.Legal Services
SUBCHAPTER T.Administrative Fraud Disqualification Hearings 
40 TAC sec.79.1917
The Texas Department of Human Services (DHS) adopts the amendment to 
sec.79.1917, administrative fraud disqualification hearings, in its Legal 
Services chapter. 
The purpose of the amendment is to include disqualification periods specific for 
the Aid to Family with Dependent Children (AFDC) and Food Stamp programs. The 
amendment will function by ensuring that the disqualification periods specific 
for the AFDC and Food Stamp programs are clarified. 
The amendment is proposed under the Human Resources Code, Title 2, Chapters 22, 
31, and 33, which authorizes the department to administer financial and 
nutritional assistance programs. The amendment is adopted in compliance with 
federal requirements effective September 22, 1996. 
The amendment implements the Human Resources Code, sec.22.018, sec.31.034, and 
sec.sec.33.001-33.025.

sec.79.1917.Effect of an Administrative Determination of Intentional Program 
Violation.
(a) If a hearing officer finds that a household member committed an intentional 
program violation, the household member is disqualified from the Food Stamp 
and/or Aid to Families with Dependent Children (AFDC)] programs for the 
following periods. 
(1) AFDC. The person is disqualified 
(A) six months for the first intentional program violation determination, 
(B) one year for the second intentional program violation determination, and (C) 
permanently for the third intentional program violation determination. 
(2) Food Stamps. The person is disqualified 
(A) for a period of one year upon the first occasion of any such determination; 
(B) for a period of two years upon 
(i) the second occasion of any such determination; or 
(ii) the first occasion of a finding by a federal, state, or local court of the 
trading of a controlled substance (as defined in Title 21, United States Code 
(USC), sec.802) for coupons; and 
(C) permanently upon 
(i) the third occasion of any such determination; or 
(ii) the second occasion of a finding by a Federal, state, or local court of the 
trading of a controlled substance (as defined in Title 21, USC, sec.802) for 
coupons; or 
(iii) the first occasion of a finding by a federal, state, or local court of the 
trading of firearms, ammunition, or explosives for coupons; or 
(iv) conviction of the offense of knowingly receiving, transferring, acquiring, 
altering, or possessing coupons, authorization cards, or access devices in any 
manner contrary to the Food Stamp Act of 1977 involving an item of $500 or more. 
(D) for a period of ten years if a person is convicted in a state or federal 
court or is found by a state administrative hearing to have made a fraudulent 
statement or representation with respect to the identification or place of 
residence of the individual, in order to receive multiple benefits 
simultaneously under the Food Stamp Program. 
(b)-(c) (No change.) 
(d) If the hearing officer imposes a one year disqualification for an initial 
violation, no further disqualifications may be imposed for violations occurring 
before the hearing decision that are later discovered. These violations may be 
brought to the hearing officer and, if appropriate, an intentional program 
violation may be found. 
(e) Although the hearing officer's decision regarding the intentional program 
violation is final, the appellant may appeal the investigator's computation of 
the amount of overpayment. 
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 28, 1997.
TRD-9702894
Glenn Scott
General Counsel, Legal Services
Texas Department of Human Services
Effective date: September 22, 1996
Proposal publication date: N/A
For further information, please call: (512) 438-3765

PART II. Texas Rehabilitation Commission
CHAPTER 104. Informal and Formal Appeals by Applicants/Clients of Decisions by a 
Rehabilitation Counselor or Agency Official
40 TAC sec.sec.104.1, 104.2, 104.5, 104.6, 104.8
The Texas Rehabilitation Commission (TRC) adopts amendments to sec.sec.104.1, 
104.2, 104.5, 104.6, and 104.8, concerning Informal and Formal Appeals by 
Applicants/clients of Decisions by a Rehabilitation Counselor or Agency 
Official, without changes to the proposed text as published in the January 21, 
1997, issue of the Texas Register (22 TexReg 895). 
These adopted amendments are to more fully inform appellants of their rights to 
a fair hearing. 
No comments were received regarding adoption of these amendments. 
The amendments are adopted under Texas Human Resources Code Annotated, Title 7, 
sec.111.018, which provides the Texas Rehabilitation Commission with the 
authority to promulgate rules consistent with Title 7, Texas Human Resources 
Code Annotated. 
The Texas Human Resources Code, Chapter 111, Title 7, sec.111.018 is affected by 
these adopted amendments. 
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 19, 1997.
TRD-9702889
Charles W. Schiesser
Associate Commissioner for the Legal Services Division
Texas Rehabilitation Commission
Effective date: March 21, 1997
Proposal publication date: January 21, 1997
For further information, please call: (512) 424-4051

TITLE 43. TRANSPORTATION
PART I. Texas Department of Transportation
CHAPTER 1. Management
SUBCHAPTER G. Donations
43 TAC sec.sec.1.500-1.505
The Texas Department of Transportation adopts new sec.sec.1.500-1.505, 
concerning donations. Sections 1.500-1.505 are adopted without changes to the 
proposed text as published in the January 3, 1997, issue of the Texas Register 
(22 TexReg 40) and will not be republished. Government Code, Chapter 2255, 
requires a state agency which is authorized by statute to accept money from a 
private donor to adopt rules governing the relationship between the donor, the 
agency, and the agency's employees.
Section 1.500 establishes procedures concerning the acceptance of gifts and 
donations made to the department. 
Section 1.501 defines words and terms used in the new subchapter. 
Section 1.502 identifies the types of gifts and donations the department may 
accept and specifies that the gifts and donations must be accepted for the 
purpose of performing the department's functions under the identified statutes. 
Section 1.503 describes the conditions under which the department will approve 
the acceptance of an authorized gift or donation, including the requirements 
that the gift or donation further the department's responsibilities under the 
identified statutes and that the donor must not be regulated by the department 
or have any interest or the likelihood of an interest in any contract, purchase, 
payment, or claim with or against the department. The section also allows the 
acceptance of a gift or donation, notwithstanding department regulation or donor 
interest, if the acceptance will provide a significant public benefit and would 
not influence or reasonably appear to influence the department in the 
performance of its duties. 
Section 1.504 prescribes a donation agreement which must be executed by the 
donor and the department to effect a donation valued at more than $250 and sets 
out the terms which must be included in all such agreements. 
Section 1.505 prescribes the disposition of an accepted gift or donation, 
including the requirement that the department deposit monetary donations in the 
state treasury, in an approved account, to the credit of the department, to be 
used to carry out the purposes of the department as specified by the donor. 
No comments were received on the proposed new sections.
The new sections are adopted under Transportation Code, sec.201.101, which 
provides the Texas Transportation Commission with the authority to promulgate 
rules for the conduct of the work of the Texas Department of Transportation, and 
more specifically, Government Code, Chapter 2255, which requires a state agency 
which is authorized by statute to accept money from a private donor to adopt 
rules governing the relationship between the donor, the agency, and the agency's 
employees.
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 March 3, 1997.
TRD-9702919
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Effective date: April 1, 1997
Proposal publication date: January 3, 1997
For further information, please call: (512) 463-8630

CHAPTER 2. Environmental Policy
SUBCHAPTER C. Environmental Review and Public Involvement for Transportation 
Projects
43 TAC sec.2.42
The Texas Department of Transportation adopts an amendment to sec.2.42, 
concerning public involvement in highway improvement projects which utilize 
federal aid highway funds. Section 2.42 is adopted without changes to the 
proposed text as published in the December 6, 1996, issue of the Texas Register 
(21 TexReg 11761) and will not be republished. 
Section 2.42, presently requires public involvement for highway improvement 
projects which utilize federal aid highway funds to be consistent with 
applicable state and federal law and sec.2.43(a) of this title (relating to 
Highway Construction Projects-State Funds). Subsection 2.43(a) concerns 
environmental studies. The correct subsection which should be cross-referenced 
is sec.2.43(b), concerning early coordination and public involvement. The 
amendment will make the cross-reference consistent with the subject matter of 
the primary rule. 
No written comments were received on the proposed amendment.
The amendment is adopted under Transportation Code, sec.201.101, which provides 
the Texas Transportation Commission with the authority to promulgate rules for 
the conduct of the work of the Texas Department of Transportation; 
Transportation Code, sec.201.103 and sec.203.002, which require the commission 
to formulate plans and policies for the location, construction, and maintenance 
of a comprehensive system of state highways and public roads, and to lay out, 
construct, maintain, and operate a modern state highway system; Transportation 
Code sec.203.021, concerning public involvement under certain circumstances; 
Transportation Code, sec.221.003 and sec.222.031, which provide for the 
utilization of federal funds in carrying out such operations; and, 
Transportation Code, sec.222.001, which provides for the utilization of money in 
the state highway fund, including federal aid money, for improvement of the 
state highway system or to mitigate adverse environmental effects that result 
directly from the construction or maintenance of a state highway by the 
department.
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on March 3, 1997.
TRD-9702920
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Effective date: March 24, 1997
Proposal publication date: December 6, 1996
For further information, please call: (512) 463-8630

SUBCHAPTER D. Public Participation Programs
43 TAC sec.sec.2.61-2.70
The Texas Department of Transportation adopts new sec.sec.2.61-2.70, concerning 
public participation programs. Sections 2.62-2.67 are adopted with changes to 
the proposed text as published in the December 6, 1996, issue of the Texas 
Register (21 TexReg 11762). Section 2.61, and sec.sec.2.68-2.70 are adopted 
without changes and will not be republished. 
Adoption of the new sections is necessary to replace, in an amended form, the 
provisions of sec.sec.25.301-25.309, concerning the Landscape Cost Sharing 
Program; sec.sec.25.601-25.610, concerning the Adopt-a-Freeway Program; 
sec.sec.25.701-25.709, concerning the Adopt-a-Highway for Landscaping Program; 
and sec.sec.25.801-25.809, concerning the Adopt-a-Highway Program. These 
sections are being contemporaneously repealed because the subject matter more 
appropriately falls within Chapter 2, Environmental Policy. The new sections 
also add new sec.2.67, concerning the Adopt-an-Area Program. 
Human Resources Code, Chapter 122, requires that state agencies procure certain 
services from a community rehabilitation program which provides for the 
employment of disabled persons. The adoption of new sec.2.67 is necessary to 
allow private businesses and civic organizations the opportunity to fund the 
department's antilitter and maintenance efforts by adopting a state highway rest 
area, and to further the policy of the previously cited legislation by funding 
the department's contracts with nonprofit organizations for the employment of 
disabled individuals. 
These new sections reflect minor wording changes and rephrase wording for proper 
clarity and style; limit eligibility for participation in these programs to 
those groups with responsibility for promoting the beautification of the 
locality in which the adopted state highway section or area is located; limit 
the size and type of identifying sign that may be erected for safety and fiscal 
considerations; provide for the safety of individuals and groups participating 
in the programs; and provide for deferral of approval of applications for 
participation and for appeal of a denial of an application. 
Section 2.61 establishes the purpose of the department's rules concerning public 
participation programs. 
Section 2.62 defines words and terms used in the new subchapter. 
Section 2.63, concerning the Adopt-a-Highway Program, specifies who is eligible 
to participate in the program; specifies the size and type of signs the 
department will erect to identify the adopting entity; and identifies sections 
of highway not eligible for adoption. 
Section 2.64, concerning the Adopt-a-Highway for Landscaping Program, specifies 
who is eligible to participate in the program and specifies the size and type of 
signs the department will erect to identify the adopting entity. 
Section 2.65, concerning the Landscape Cost Sharing Program, places 
responsibility for maintaining the adopted section of the state highway system 
on the local government, and specifies that the local government acts as a pass 
through for private entities that wish to donate a portion of the project costs; 
specifies who is eligible to participate in the program; and specifies the size 
and type of signs the department will erect to identify the adopting
entity. 
Section 2.66, concerning the Adopt-a-Freeway Program, places responsibility for 
maintaining the adopted section of the state highway system on the local 
government, and specifies that the local government acts as a pass through for 
private entities that wish to donate a portion of the project costs; specifies 
who is eligible to participate in the program; and specifies the size and type 
of signs the department will erect to identify the adopting entity. 
Section 2.67, concerning the Adopt-an-Area Program, allows private businesses or 
civic organizations to donate 25% or more of the costs of maintaining a state 
highway safety rest area, with such funds to be used for the department's 
antilitter and maintenance efforts and to fund the department's contracts with 
nonprofit organizations for the employment of disabled individuals to maintain 
these safety rest areas. This section also specifies who is eligible to 
participate in the program and specifies the size and type of signs the 
department will erect to identify the adopting entity. 
Section 2.68 specifies that any sign damaged because of vandalism will not be 
replaced within the term of any agreement unless a replacement sign is paid for 
by the adopting entity. 
Section 2.69 provides for centralized approval of applications for adoption, 
when appropriate, and an avenue to appeal any denial of an application submitted 
under this subchapter. 
Section 2.70 specifies when a program established under this subchapter may be 
revised or terminated. 
No comments were received on the proposed new sections. However, the department 
has determined that certain revisions should be made which are described as 
follows. 
Regarding sec.2.62, the definition of "family member" has been revised to more 
adequately describe and specify who is a member of a family and to allow more 
members of a family to participate in a program. The revised definition includes 
spouses, aunts, uncles, and cousins. 
Regarding sec.2.63, subsection (d)(1) of that section has been revised to delete 
any requirement for an adopt-a-highway chairperson to execute a written 
agreement with the department providing for a group's participation. As this 
section requires that a group have an authorized representative submit an 
application for participation, this paragraph has been revised to be consistent 
with that requirement. Subsection (e)(1)(A) of this section has also been 
revised to substitute "authorized representative" for "a chairperson" as the 
spokesperson for a group, to be consistent with the rest of this section. In 
order to provide for the safety of group members during a cleanup, subsection 
(e)(2)(C) of this section has been revised to specify that the department will 
provide fold-down traffic signs during a cleanup, as well as safety vests. 
Regarding sec.2.64, the department has added the term "establishment" in all 
places where the term "project maintenance" has been used. Section 2.62 defines 
project establishment as the landscape maintenance activities required to ensure 
the viability, upkeep, and continued effectiveness of the project. That section 
also defines project maintenance as the activities performed as determined by 
the program agreement to ensure the establishment, upkeep, and continued 
effectiveness of a project. As maintenance of a project is, generally, ensuring 
that project establishment is carried out, the two terms are part and parcel of 
each other. 
Regarding sec.2.65, the department has added the term "establishment" to the 
term "maintenance" for the reasons described in the preceding paragraph. The 
department has also deleted paragraph (3)(B)(ii) of subsection (d), relating to 
project design elements, as this subchapter allows for signage identifying an 
adopting entity. 
Regarding sec.2.66, the department has added the terms "establishment" or 
"maintenance", as required, for the reasons stated in the preceding paragraphs. 
The department has also revised subsection (c)(2)(D) of this section to 
substitute the term "highway" for "proposed adopted", when referring to the 
highway section the local government is interested in adopting, and to require 
that the local government specifically describe the highway section it is 
interested in adopting. The department requires specificity in any application 
to adopt a section of a highway in order to ensure it keeps adequate track of 
sections that have been adopted. 
Regarding sec.2.67, the department has added the words "but not limited to" to 
subsection (b)(1) of this section to clarify that the maintenance tasks listed 
are not exclusive. The department has also revised subsection (c)(5), changing 
the person required to sign an application to adopt an area from a "contact 
person" to the donor's "authorized representative," to be consistent with the 
rest of this subchapter. In order to be consistent with the eligibility 
requirements of the other programs and to remove potential ambiguity to such 
requirements, the requirements that an eligible donor have a documented policy 
of non-discrimination for the disabled in sec.2.67(b)(2)(B) and (c)(6) has been 
deleted. 
The new sections are adopted under Transportation Code, sec.201.101, which 
provides the Texas Transportation Commission with the authority to establish 
rules for the conduct of the work of the Texas Department of Transportation, and 
Transportation Code, sec.203.002, which authorizes and empowers the commission 
to lay out, construct, maintain, and operate a modern state highway system.

sec.2.62. Definitions. 
The following words and terms, when used in this subchapter, shall have the 
following meanings, unless the context clearly indicates otherwise. 
Adopted area-A safety rest area approved for adoption by a donor.
Adopted section-A section of state highway right-of-way approved for adoption by 
a group.
Authorized representative-An individual with the authority to sign agreements 
for the group or donor.
Commission-The Texas Transportation Commission.
Department-The Texas Department of Transportation.
Design fee-Those engineering or project administration costs or expenses 
identified prior to the construction of a project.
District-One of the 25 geographical areas, managed by a district engineer, in 
which the department conducts its primary work activities.
District engineer-The chief executive officer in charge of a district, or his or 
her designee.
Donor-The private business or civic organization which adopts a safety rest area 
under the Adopt-an-Area Program or donates funds or services to a local 
government for the purpose of participating in the Landscape Cost Sharing or 
Adopt-a-Freeway Programs.
Family member-Any spouse, sibling, parent, stepparent, grandparent, child, 
stepchild, aunt, uncle or cousin.
Group-An entity which adopts a section of state highway right-of-way. 
Highway landscaping-A project design intent which attempts to provide primarily 
for the installation of native, naturalized, or adapted plant material within 
the project limits.
Local government-A city or county.
Non-cash contributions-The agreed value of labor, equipment, material, or design 
services furnished by a local government, and the agreed value of material and 
design services furnished by the donor in support of the project.
Pedestrian landscaping-A project design intent which requires the installation 
of elements oriented primarily to pedestrian usage, including, but not limited 
to, parking, curbs, sidewalks, pavers, ramps for the disabled, cycling or 
jogging trails, benches, trash receptacles, or illumination.
Project concept plan-The preliminary sketches, drawings, details, estimates, and 
specifications required by the department to illustrate the type of project 
development and establishment proposed by the local government, and as required 
for the department to determine if the proposed project is a highway landscaping 
project or a pedestrian landscaping project.
Project design plan-The final drawings, details, specifications, and estimates, 
whether furnished by or through the local government or the department as may be 
required by the department to fully control the work to be performed on the 
project.
Project development-The initial construction and installation of the landscape 
items in accordance with the project design plan.
Project establishment-The landscape maintenance activities required to ensure 
the viability, upkeep, and continued effectiveness of the project.
Project maintenance-The activities performed as determined by the program 
agreement to ensure the establishment, upkeep, and continued effectiveness of 
the project.
Safety rest area-A roadside park, equipped with restroom facilities, intended to 
improve highway safety by providing a location for motorists to rest and recover 
from highway travel, such term to include a safety rest area adjacent to travel 
information centers.

sec.2.63. Adopt-a-Highway Program. 
(a) Purpose. The Adopt-a-Highway Program (Program) allows private citizens an 
opportunity to support the department's antilitter programs by adopting a 
section of highway for the purpose of controlling and reducing litter on an 
adopted section. This section sets forth policies and procedures to be used in 
administering the Program. 
(b) Participation. 
(1) Adoption. An eligible group may, upon approval by the department, adopt a 
section of a highway on the state highway system for purposes of picking up and 
removing litter from the rights-of-way of that section under such terms and 
conditions as may be prescribed by the department and the commission. 
(2) Eligibility. 
(A) The following groups are eligible to participate in the Program: 
(i) members or employees of civic and nonprofit organizations;
(ii) employees of private businesses and governmental entities; and 
(iii) families. 
(B) To be eligible a group must be located or reside in the county or a county 
adjacent to the county in which the adopted section is located. 
(c) Application. 
(1) The authorized representative of a group who desires to participate, or to 
continue to participate, in the Program shall submit an application to the 
district engineer of the district in which the section of highway to be adopted 
is located. 
(2) The application shall be in the form prescribed by the department and shall 
at a minimum include: 
(A) the date of application; 
(B) the name and complete mailing address, including street address, of the 
group; 
(C) the name, telephone number, and complete mailing address of the group's 
authorized representative; and 
(D) the highway section the group is interested in adopting.
(d) Agreement. 
(1) If the application submitted by the group under subsection (c) of this 
section is approved by the district engineer, the authorized representative of 
that group shall execute a written agreement with the department providing for 
the group's participation in the Program. 
(2) The agreement shall be in the form prescribed by the department and shall 
include: 
(A) an acknowledgment by the group of the hazardous nature of the work involved 
in participating in the Program; 
(B) an acknowledgment that the members of the group agree jointly and severally 
to be bound by and comply with the terms of the agreement; and 
(C) the respective responsibilities of the group and the department as contained 
in subsection (e) of this section. 
(e) Responsibilities of group and department. 
(1) Groups must: 
(A) appoint or select an authorized representative to serve as spokesperson for 
the group; 
(B) obey and abide by all laws and regulations relating to safety and such other 
terms and conditions as may be required by the district engineer for special 
conditions on a particular adopted section; 
(C) furnish adequate supervision by one or more adults for participants of a 
group who are 15 years of age or younger; 
(D) conduct at least two safety meetings per year and ensure participants of the 
group attend a safety meeting before participating in the cleanup of the adopted 
section; 
(E) adopt a section that is a minimum of two miles in length unless the district 
engineer determines a shorter length is in the best interests of the department, 
and in the case of a construction project, the entire length of the project; 
(F) adopt a section for a minimum period of two years, and in the case of a 
construction project, to adopt for the entire duration of the project; 
(G) pick up litter a minimum of four times a year and at such additional times 
as required by the district engineer, unless the district engineer determines 
that two times a year is adequate to maintain an acceptable right-of-way (it is 
desired that one of these pickups occur during the department's annual trash-off 
events); 
(H) obtain required supplies and materials from the department during regular 
business hours; 
(I) assure that fold-down traffic control signs are folded open during a cleanup 
and returned to the closed position after the cleanup;
(J) wear department furnished safety vests during the pickup;
(K) place litter in trash bags furnished by the department and place filled 
trash bags at locations as determined by the district engineer;
(L) return all unused materials and supplies to the department within one week 
following cleanup; 
(M) neither possess nor consume alcoholic beverages while on the adopted 
section; and 
(N) maintain a first-aid kit and adequate drinking water while on the adopted 
section. 
(2) The department will: 
(A) work with the group to determine the specific section of state highway 
right-of-way to be adopted; 
(B) erect a sign at each end of the adopted section with the group's name or 
acronym displayed; 
(C) provide fold-down traffic control signs, safety vests, trashbags, and safety 
literature; 
(D) remove the filled trashbags the first workday after the pickup; and 
(E) remove litter from the adopted section only under unusual circumstances, 
i.e., to remove large, heavy, or hazardous items or if the group has not 
fulfilled its responsibilities. 
(f) General limiting conditions. The Program is subject to the following 
conditions. 
(1) The department may consider such factors as width of right-of-way, 
geometrics, congestion, and sight distance of roadways in determining what 
sections of highways shall be eligible for adoption. In no circumstance shall a 
section of an interstate highway be eligible for adoption. 
(2) If any actions are determined to be contrary to any legislative restrictions 
or any restrictions on the use of appropriated funds for political activities, 
the department, at its sole discretion will take any and all necessary remedial 
actions, including, but not limited to, the removal of signs displaying the 
group's name or acronym. 
(3) Adopt-a-Highway signs shall be four feet by four feet and shall be the least 
expensive and most effective for each situation. A sign that recognizes a family 
will not state the full name or official title of an elected official. 
(4) A group may not subcontract or assign its responsibilities to any other 
group, organization, or enterprise without the express written authorization of 
the department. 
(5) The department, in no event, shall have the right to control the group in 
performing the details of picking up litter from the section of highway adopted 
by the group, and, in picking up litter, the group shall act as an independent 
contractor. 
(g) Modification/renewal/termination of the agreement. The agreement may be 
modified in any manner at the sole discretion of the department. The group will 
have the option of renewing the agreement subject to the approval of the 
district engineer and the continuation of the Program. The department may 
terminate the agreement and remove the signs upon 30-day notice, if in its sole 
judgment it finds and determines that the group is not meeting the terms and 
conditions of the agreement.

sec.2.64. Adopt-a-Highway for Landscaping Program.
(a) Purpose. The Adopt-a-Highway for Landscaping Program (Program) augments the 
Adopt-a-Highway Program, established in sec.2.63 of this title (relating to 
Adopt-a-Highway Program) by allowing groups to adopt a section of rural state 
highway right-of-way for landscape development and maintenance to enhance the 
beauty of rural Texas highways while preserving the integrity of native Texas 
flora and providing litter pickup. This section sets forth policies and 
procedures to be used in administering the Program. 
(b) Participation. 
(1) Adoption. An eligible group may, upon approval by the department, adopt a 
rural section of the state highway system for landscape development and 
maintenance and litter pickup. 
(2) Eligibility. 
(A) The following groups are eligible to participate in the Program: 
(i) members or employees of civic and nonprofit organizations;
(ii) employees of private businesses and governmental entities; and 
(iii) families. 
(B) To be eligible a group must be located or reside in the county or a county 
adjacent to the county in which the adopted section is located. 
(3) Current participating groups. Groups currently participating in the Program 
for litter control will be given the opportunity to expand their scope of 
support by adopting their respective sections of highway right-of-way as a 
landscape project if their section satisfies requirements relating to right-of-
way width, highway geometrics, sight distance, and safety considerations. 
(c) Application. 
(1) The authorized representative of a group who desires to participate, or 
continue to participate, in the Program shall submit an application to the 
district engineer of the district in which the proposed adopted section is 
located. 
(2) The application shall be in the form prescribed by the department and shall 
at a minimum include: 
(A) the date of application; 
(B) the name and complete mailing address, including the street address, of the 
group; 
(C) the name, telephone number, and complete mailing address, including street 
address, of the authorized representative of the group;
(D) the highway section the group is interested in adopting;
(E) whether the group proposes to adopt the section for project development, 
establishment, and maintenance only, or also for litter control in accordance 
with sec.2.63 of this title (relating to Adopt-a-Highway Program); and 
(F) the project design plan, including sketches, drawings, and specifications as 
may be required by the department to illustrate the level of landscape 
development. 
(3) Groups currently participating in the Adopt-a-Highway Program will be 
required to indicate on the application their current participation in such 
Program. 
(d) Agreement. 
(1) If the application submitted by the group under subsection (c) of this 
section is approved by the district engineer, the authorized representative of 
that group shall enter into a written agreement with the department providing 
for the group's participation in the Program. 
(2) The agreement shall be in the form prescribed by the department and shall at 
a minimum include the following terms. 
(A) The project design plan furnished by the group shall consist of plans, 
sketches, drawings, notes, and specifications required to fully illustrate the 
level of project development proposed. 
(B) The group shall acknowledge the hazardous nature of the work involved in 
participating in the Program. 
(C) The group shall agree that its members are jointly and severally to be bound 
by and comply with the terms of the agreement. 
(D) The project design plan shall be subject to the approval of the department. 
(E) All costs, materials, labor, and equipment necessary for project development 
shall be furnished by the group. 
(F) All costs, materials, labor, and equipment necessary to provide for project 
establishment and maintenance for a period specified by the department, such 
period being not less than two consecutive years following the completion of 
project development, shall be furnished by the group. 
(G) The respective responsibilities of the group and the department as cited in 
subsection (e) of this section. 
(H) Conditions by which the agreement may be terminated. 
(I) A provision to satisfy legal relations and responsibilities to the public, 
including insurance and traffic control. 
(3) The department's decision will be final with respect to any disputes that 
may arise concerning the group's responsibilities under the agreement. 
(e) Responsibilities of group and department. 
(1) Groups must: 
(A) appoint an authorized representative who shall have the authority to execute 
the agreement as defined in subsection (d) of this section;
(B) obey and abide by all laws and regulations relating to safety, and legal 
relations to the public, and such other terms and conditions as may be required 
by the district engineer for special conditions on a particular adopted section; 
(C) comply with sec.2.63 of this title (relating to Adopt-a-Highway Program) if 
participation includes that Program; 
(D) furnish adequate supervision by one or more adults for participants who are 
15 years of age or younger; 
(E) conduct at least two safety meetings per year and ensure participants of the 
group attend at least one safety meeting before participating in the cleanup of 
the adopted section; 
(F) adopt the section of highway for a minimum period of two years; 
(G) adopt only those sections of highway determined by the department to be 
appropriate for project development and maintenance; 
(H) provide for the establishment of plant material; 
(I) water all plant material except seeding at least twice per month during the 
months of April through September, and at least once per month during the months 
of October through March, unless in the opinion of the department, sufficient 
natural rainfall has occurred; 
(J) remove weeds and vegetative matter from within the watering basins of all 
installed plant material at least once per month during the months of April 
through September, and at least once every other month during the months of 
October through March; 
(K) assure that the fold-down traffic control signs are folded open during 
project participation and returned to the closed position after project 
completion each day; 
(L) assure each individual participant of the group wears department-furnished 
safety vests while on the adopted section; 
(M) neither possess nor consume alcoholic beverages while on the adopted 
section; 
(N) maintain a first-aid kit and adequate drinking water while on the adopted 
section; and 
(O) act as an independent contractor during project participation.
(2) A group may not subcontract or assign its project responsibilities to any 
other group, organization, or enterprise, unless expressly authorized by the 
department. 
(3) The department will: 
(A) work with the group to determine the specific section of the state highway 
right-of-way to be adopted. 
(B) comply with sec.2.63 of this title (relating to Adopt-a-Highway Program) if 
litter control is included as a portion of the application; 
(C) review the group's design plan for project development and reserves the 
right to require modifications to the design prior to approval; and 
(D) provide for the installation of suitable Adopt-a-Highway for Landscaping 
signs in accordance with existing regulations relating to the Adopt-a-Highway 
Program, including sec.2.63(f)(3) of this title (relating to Adopt-a-Highway 
Program). 
(f) General limiting conditions and eligibility. The Program is subject to the 
following conditions. 
(1) Only highway right-of-way eligible for the Program for litter control and 
only those sections which are deemed appropriate for landscape development, as 
determined by the department, may be adopted. Unless otherwise approved by the 
department, controlled access highways or routes within urban or metropolitan 
areas are not eligible for adoption. 
(2) The department may consider such factors as width of right-of-way, 
geometrics, congestion, and sight distance of roadways in determining what 
highway shall be eligible for adoption. 
(3) Limits for adopted sections for landscape development will be subject to the 
approval of the department. 
(4) Plant material will be limited to native and adapted trees, shrubs and 
wildflower and grass seeding activities. 
(5) Groups currently participating in the Adopt-a-Highway Program which submit 
an application under subsection (c) of this section to participate in the 
Program may only adopt within the limits of the original adopted section. 
Project maintenance shall be performed for a period as specified by the 
department, such period being not less than two consecutive years following the 
completion of the project development. 
(6) Sections currently adopted under the Adopt-a-Highway Program shall not be 
eligible for adoption under the Adopt-a-Highway for Landscaping Program by any 
other group until the original adoption under the Adopt-a-Highway Program has 
expired. 
(7) Signs shall be four feet by four feet and shall be the least expensive and 
most effective for each situation. 
(8) With the exception of the Adopt-a-Highway Program, work under the Adopt-a-
Highway for Landscaping Program will not be combined with any other landscape-
related program sponsored by the department. 
(9) If any actions are determined to be contrary to any legislative restrictions 
or any restrictions on the use of appropriated funds for political activities, 
the department, at its sole discretion, will take all necessary remedial 
actions, including, but not limited to, the removal of signs displaying the 
group's name or acronym. 
(g) Modification/renewal/termination of the agreement. The agreement may be 
modified in any manner at the sole discretion of the department. The group will 
have the option of renewing the agreement subject to the approval of the 
district engineer and the continuation of the Program. The department may 
terminate the agreement and remove the signs upon 30-day notice, if in its sole 
judgment it finds and determines that the group is not meeting the terms and 
conditions of the agreement.

sec.2.65. Landscape Cost Sharing Program. 
(a) Purpose. The Landscape Cost Sharing Program (Program) allows private 
businesses, civic organizations, and local governments an opportunity to support 
the aesthetic improvement of the state highway system by sharing the project 
development, establishment, and maintenance cost of landscaping the state 
highway system. This section sets forth policies and procedures governing the 
Program. 
(b) Participation. 
(1) Local government. A local government, upon approval of the district 
engineer, may share in the cost of the development, establishment, and 
maintenance of the landscaping of a segment of the state highway system.
(2) Donor. 
(A) An eligible private business or civic organization may participate in the 
Program as a donor by providing to the local government cash or non-cash 
donations in an amount equal to not less than 25% of the local government's 
share of the project cost. The donor will receive recognition of the donation by 
the erection, at the project site, of a sign announcing participation by the 
donor in the Program. 
(B) A private business or civic organization is eligible to participate in the 
Program as a donor if the business or civic organization is located in the 
county or a county adjacent to the county in which the project site is located. 
(c) Application. 
(1) A local government entity which desires to participate or to continue to 
participate in the Program shall submit an application to the district engineer 
of the district in which the adopted section is located. 
(2) The application shall be in the form prescribed by the department and shall 
at a minimum include: 
(A) the date of application; 
(B) the name, telephone number, and complete mailing address of the local 
government; 
(C) the highway section the local government is interested in developing; 
(D) the project concept plan, containing sketches, drawings, estimates, 
specifications, and descriptive text as may be required by the department to 
evaluate the project under required general, site, and design considerations, to 
determine the proposed design intent, and to estimate the amount of department 
participation; and 
(E) a statement, chart, or spreadsheet based on the project concept plan, which 
illustrates the recommended responsibilities of the department and the local 
government and, if applicable, the donor (this statement, chart, or spreadsheet 
shall contain fully itemized cost figures for each portion of the project as may 
be required for the department to evaluate the recommended fair-market values 
for acceptable material and services proposed by the local government). 
(d) Conditions. In order to participate in the Program, each project must meet 
the department's approval under general, site, and design considerations. 
(1) General considerations. Normally, work on state highway right-of-way will be 
performed by state forces or by contractors selected and administered by the 
department. An exception will be granted to allow local governments to perform 
work on state highway right-of-way when approved by the district engineer. 
(A) A local government may participate in the joint beautification of the 
existing state highway system subject to the following restrictions.
(i) If the project is determined by the department to be a highway-landscaping 
project, the department will evaluate accepting labor, equipment, materials, 
design services, and cash as the local government's contribution toward the 
proposed project. 
(ii) If the project is determined by the department to be a pedestrian 
landscaping project, the department's participation will be limited to 
furnishing materials only for the local government's installation. 
(iii) It shall be the local government's responsibility to secure and coordinate 
labor, equipment, materials, design services, and cash if the project is 
initiated by a donor. 
(B) Unless waived by the department projects shall exceed $25,000 if constructed 
by the department. 
(C) The cost of any previous work by the local government shall not be included 
as a portion of the contribution toward the project.
(D) For a project to be evaluated by the department for work under the Program, 
the minimum value of acceptable non-cash contributions plus cash contributions 
by the local government must equal or exceed $2,500.
(E) If the department is to provide material to the local government for the 
project, applicable statutes, rules, and procedures relating to the purchase of 
materials using state funds will apply. 
(F) If the department is to provide for the construction of any portion of the 
project, applicable statutes, rules, and procedures relating to scheduling, 
processing, and administering a highway improvement project through the 
department's highway letting process will apply. 
(G) Projects must be coordinated by the local government, although numerous 
entities may be supporting the local government's efforts.
(2) Site considerations. For sites proposed by the local government to be 
approved by the department, the following site conditions must be met. The site 
must: 
(A) not be scheduled for future construction as defined within the department's 
current unified transportation plan which would conflict with the activities 
proposed on the project; 
(B) contain sufficient right-of-way to reasonably permit planting and 
landscaping operations without conflicting with safety, geometric, and 
maintenance considerations; 
(C) not contain overhead or underground utilities, driveways, pavement, 
sidewalks, or highway system fixtures including traffic signage or signalization 
which will conflict with the planting or landscaping operations proposed under 
the project; and 
(D) not obstruct or interfere with existing drainage conditions along the site. 
(3) Design considerations. For sites as proposed by the local government to be 
approved by the department, the following design considerations must be met. 
(A) The project design, as shown on the project concept plan, must be acceptable 
to the department. 
(B) Unless otherwise approved by the department, the project design may not 
include the following design elements: 
(i) plant material or fixtures which, in the opinion of the department, require 
an intensive level of continued establishment and maintenance in order to assure 
the effectiveness and function within the design; 
(ii) flagpoles or pennant poles; 
(iii) fountains or water features; and 
(iv) statuary, sculpture, or other art objects. 
(C) The following items, if considered by the department as an acceptable 
element of the project design plan, may not be included as a contribution cost, 
and will not be furnished or installed by the department:
(i) benches and pedestrian seating; 
(ii) pedestrian or historic lighting or illumination systems; and 
(iii) trash or refuse receptacles. 
(D) The local government must fully illustrate the recommended division of 
responsibilities as necessary for the department to evaluate the proposed manner 
of project implementation, establishment, and maintenance if applicable. The 
illustration of recommended project responsibilities shall at a minimum include: 
(i) preparing the project design plan, provided that the cost of providing the 
project design plan for a pedestrian landscaping project shall be the sole 
responsibility of the local government, and shall not be included as a portion 
of the local government's contribution toward the project;
(ii) furnishing and installing required material; and 
(iii) performing project establishment and maintenance, if required, provided 
that the cost of performing project establishment and maintenance on a 
pedestrian landscaping project shall be the sole responsibility of the local 
government and shall not be included as a portion of the local government's 
contribution toward the project. 
(E) The local government must fully itemize and document the proposed cash and 
non-cash contribution available to support the project. This itemization and 
documentation shall include at a minimum the following items: 
(i) amount of cash to be provided to the department; 
(ii) non-cash value of each individual item of material to be furnished by the 
local government; 
(iii) cost of each individual item or material to be furnished by the 
department; 
(iv) non-cash value of labor and equipment necessary to install each individual 
item of material if performed by the local government; 
(v) cost of installing each individual item of material if performed by the 
department; and 
(vi) non-cash value of the project design plan if furnished by the local 
government, provided the maximum acceptable non-cash value of furnishing the 
project design plan, based upon the selected project cost, including project 
establishment and maintenance for highway landscaping projects and excluding 
project establishment and maintenance for pedestrian landscaping projects, shall 
not exceed 8.5% for projects up to and including $200,000, and 7.5% for projects 
greater than $200,000. 
(e) Amount of departmental participation. 
(1) Highway landscaping projects within the existing city limits of a city. The 
department, after approving the project under general, site, and design 
considerations, will participate in up to 50% of the total cost of the project 
including project establishment and maintenance, and preparation of the project 
design plan. 
(2) Pedestrian landscaping within the existing city limits of a city. The 
department, after approving the project under general, site, and design 
considerations, will participate by furnishing material only up to but not 
exceeding 50% of the total cost of project development, excluding project 
establishment and maintenance and the preparation of the project design plan. 
(3) Highway landscaping projects outside the existing city limits of a city. The 
department, after approving the project under general, site, and design 
considerations, will participate in up to 50% of the total project development, 
establishment, maintenance and design cost. 
(4) Pedestrian landscaping projects outside existing city limits. Unless 
otherwise approved, the department will not participate in the cost of these 
projects under the Program. 
(f) Agreement. 
(1) If the proposed project as submitted under subsection (d) of this section is 
approved by the department, the local government shall enter into a written 
agreement with the department providing participation in the Program. The 
agreement becomes effective when finally executed by the department and shall 
terminate upon satisfactory completion of the work as stipulated within the 
agreement. Work on any phase of the project may not begin until the agreement is 
fully executed by both parties. 
(2) The agreement shall be in the form prescribed by the department and shall at 
a minimum include the following terms. 
(A) The project design plan, when furnished by the local government, shall 
consist of plans, sketches, drawings, notes, estimates, and specifications as 
required by the department. 
(B) Any changes to the agreement shall be enacted by written amendment. 
(C) The department and the local government shall not assign or otherwise 
transfer its obligations under this agreement except with prior written consent 
of the other party. 
(D) If prepared by the local government, the project design plan shall be 
subject to the review and satisfactory approval by the department prior to a 
departmental bid opening. 
(E) Violation or breach of contract terms by the local government shall be 
grounds for termination of the agreement by the department. In the event of 
disputes as to the party's obligations under the agreement, the department's 
decision shall otherwise be final and binding. 
(F) The local government and its contractors, if any, shall to the extent 
provided by law, furnish certificates of insurance, guarantees of self insurance 
if appropriate, and indemnification as may be prescribed by the department. 
(G) The local government shall provide, erect, and maintain to the satisfaction 
of the department any barricades, signs, and traffic handling devices necessary 
to protect the safety of the travelling public while performing any work on the 
project. 
(H) The department's employees shall not accept any benefits, gifts, or other 
favors from the local government or donor under the agreement.
(3) The agreement shall include the funding arrangement and payment schedule as 
agreed upon by the department and the local government.
(g) General limiting conditions and eligibility. Because of administrative, 
legislative, and financial constraints, the Program shall be subject to the 
following terms. 
(1) The department will consider such factors as width of right-of-way, 
geometrics, congestion, sight-distance, and maintenance requirements in 
determining the acceptability and/or amount of departmental participation in any 
proposed project. 
(2) Signage for the Program shall be four feet by four feet and shall be the 
least expensive and most effective for each situation.
(3) Work under the Program shall not be combined with any other landscape-
related programs sponsored by the department. 
(4) If any actions are determined to be contrary to any legislative restrictions 
or any restrictions on the use of appropriated funds for political activities, 
the department shall have the right to take any and all necessary remedial 
actions, including, but not limited to, the removal of the signs displaying the 
local governmental entity's or donor's name.
(h) Modification/termination of agreement. The agreement as cited in subsection 
(f) of this section may be modified in any manner at the sole discretion of the 
department.

sec.2.66. Adopt-a-Freeway Program. 
(a) Purpose. The Adopt-a-Freeway Program (Program) allows private businesses, 
civic organizations, and local governments an opportunity to support the 
department's landscape programs by adopting a section of urban freeway for the 
purpose of project development and project establishment and maintenance on that 
section. This section sets forth policies and procedures governing the Program. 
(b) Participation in program. 
(1) Local government. A local government, upon approval by the district 
engineer, may adopt a section of urban state highway right-of-way for the 
purpose of project design, project development, and project establishment and 
maintenance by assuming the responsibility for all design, construction, 
establishment, and maintenance costs involved in the project. 
(2) Donor. 
(A) An eligible private business or civic organization may participate in the 
Program by providing to the local government cash or non-cash donations in an 
amount equal to not less than 25% of the project cost. The donor will receive 
recognition of the donation by the erection at the project site of a sign 
announcing participation by the donor in the Program. 
(B) A private business or civic organization is eligible to participate in the 
Program as a donor if the business or civic organization is located in the 
county or a county adjacent to the county in which the adopted section is 
located. 
(c) Application. 
(1) A local governmental entity which desires to participate or to continue to 
participate in the Program shall submit an application to the district engineer 
of the district in which the adopted section is located. 
(2) The application shall be in the form prescribed by the department and shall 
at a minimum include: 
(A) date of application; 
(B) the name and complete mailing address of the local government;
(C) the name, telephone number, and complete mailing address of a contact person 
for the local government; 
(D) the highway section the local government is interested in adopting; 
(E) if provided by the local government, the project design plan, 
specifications, and estimates for the work the local government is interested in 
performing; and 
(F) if provided by the department, the estimates, specifications, full 
descriptive text, sketches, or samples of work proposed by the local government 
as may be required by the department to produce the project design plan; and 
(G) a resolution by the local government that includes: 
(i) a statement that it approves participation in the Program;
(ii) a statement that it agrees to accept the responsibility of the project; and 
(iii) a statement that the local government agrees and is authorized to enter 
into the agreement as defined in subsection (d) of this section.
(d) Agreement. 
(1) If the application submitted under subsection (c) of this section is 
approved by the department, the local government shall enter into a written 
agreement with the department providing for participation in the Program. 
(2) The agreement shall be in the form prescribed by the department and shall 
contain at a minimum the following terms. 
(A) The local government shall comply with the terms and conditions set forth in 
the agreement. 
(B) All costs of project design, development, establishment, and maintenance 
shall be the sole responsibility of the local government. Prior to the date 
scheduled for contract award the local government shall remit to the department 
an amount equal to the remainder of the local government's funding share for the 
project. 
(C) If prepared by the local government, the project design plan shall be 
subject to the review and satisfactory approval by the department prior to a 
departmental bid opening. 
(D) The local government shall agree to provide funding for project 
establishment, and maintenance contracts let for construction by the department 
for a period as specified by the department, such period being not less than 
five consecutive years following the completion of the project development 
contract. 
(E) A list of the respective responsibilities of the local government and the 
department as cited in subsection (f) of this section.
(F) The local government shall agree to provide necessary indemnification as may 
be required by the department. 
(e) Responsibilities of local government and department. 
(1) A local government who desires to participate in the Program shall be 
subject to the following requirements and responsibilities relating to project 
development. 
(A) If the project design plan is furnished by the local government, the local 
government must provide: 
(i) for the department's review, the project design plan; 
(ii) for the department's review, specifications, general notes, and estimates 
based upon the project design plan as may be necessary to fully document the 
project development; 
(iii) after the department's review, all required revisions to the project 
design plan, specifications, general notes, and estimates as may be required; 
and 
(iv) after revisions to the project design plan, specifications, general notes, 
and estimates have been made to the department's satisfaction, one set of 
reproducible mylars to the format and time schedule as may be required by the 
department, and three sets of 8 « inches by 11 inches contract documents 
including specifications, general notes, and estimates. 
(B) If the project design plan is to be furnished by the department, the local 
government must provide: 
(i) information which establishes the proposed design concept as may be required 
by the department (this information may be in the form of descriptive text, 
sketches, or copies of developments similar to the type of project development 
proposed by the local government); and 
(ii) a check, payable to the Texas Department of Transportation, in the full 
amount of the design fee. 
(C) The local government must provide a check, payable to the Texas Department 
of Transportation, in the full amount of the final departmental estimate for 
project development, no later than 60 days prior to the date of the project's 
scheduled bid opening. 
(D) The local government must provide a check, payable to the Texas Department 
of Transportation, in the full amount of the final departmental estimate for 
project establishment and maintenance. Prior to the department's scheduled date 
for contract award, the local government shall remit to the department an amount 
equal to the remainder of the local government's funding share for the project. 
(2) The department, conditioned on approving the project as submitted by the 
local government, will be responsible for providing the following services. 
(A) Project design plan: 
(i) if submitted by the local government the project design plan will be 
reviewed; and 
(ii) if requested by the local government the project design plan will be 
prepared. 
(B) Project development: 
(i) scheduling the project for the first available departmental bid opening; 
(ii) awarding the construction contract; and 
(iii) administering the project during construction. 
(C) Project establishment and maintenance: 
(i) providing plans, specifications, and estimates as may be required for the 
establishment and maintenance project; 
(ii) scheduling the establishment and maintenance project for the first 
available departmental bid opening; 
(iii) awarding the establishment and maintenance contract; and 
(iv) administering the project. 
(f) General limiting conditions and eligibility. The Program shall be subject to 
each of the following conditions. 
(1) No section will be approved for adoption if any portion of the section is 
scheduled for future construction within the department's current unified 
transportation plan. 
(2) Designs which reflect the character of adjacent developments will be 
accepted by the department provided such designs do not include logos of private 
entities, civic organizations, or local governments and provided that the local 
government will provide funding for adequate project development, establishment 
and maintenance as required by the department. 
(3) All major routes including controlled access routes on the highway system 
within the urban and metropolitan areas will be eligible for adoption. 
(4) Signage announcing participation in the Program shall be four feet by four 
feet and shall be the least expensive and most effective for each situation. 
(5) Special landscape features such as fountains, retaining walls, paving or 
walkway treatment, architectural lighting or landscape treatments which require, 
in the opinion of the department, high-level maintenance may be submitted and 
proposed for approval by the department. 
(6) Work under the Program will not be combined with any other landscape-related 
programs sponsored by the department. 
(7) The project design plan, if provided by the department, will be scheduled 
for preparation within the constraints of the department's existing resource 
capability. 
(g) Modification/termination of agreement. The agreement as cited in subsection 
(d) of this section may be modified at the sole discretion of the department or 
commission. The agreement may also be terminated as provided in the agreement by 
mutual agreement and consent of the local government and the department, or by 
the department, after a 30-day notice, for failure by the local government to 
fulfill its responsibilities.

sec.2.67. Adopt-an-Area Program. 
(a) Purpose. The Human Resources Code, Chapter 122 provides for the employment 
of disabled persons by state agencies. Under this program, the department 
contracts with nonprofit organizations for the employment of such individuals in 
the maintenance of department facilities. The Adopt-an-Area Program (Program) 
allows private entities to provide funding to the department for the employment 
of Texans with Disabilities for litter pickup and maintenance of state highway 
safety rest areas. This section sets forth the policies and procedures governing 
the Program. 
(b) Participation. 
(1) Adoption. An eligible donor may, upon approval by the department, adopt a 
safety rest area for the purpose of funding litter pickup and removal, and/or 
additional maintenance tasks including, but not limited to, mowing, landscaping, 
tree trimming, landscape and grounds maintenance, safety rest area maintenance, 
cleaning fixtures, painting, janitorial services, and graffiti removal and 
control from safety rest areas, and the rights-of-way of the adopted safety rest 
area. 
(2) Eligibility. A donor is eligible to participate in the Program if it is a 
private business or civic organization that is located or has a place of 
business in the county or a county adjacent to the county in which the safety 
rest area is located. 
(c) Application. The authorized representative of a donor who desires to 
participate in the Program must submit an application to the district engineer 
of the district in which the safety rest area is located. The application shall 
be in the form prescribed by the department and shall at a minimum include: 
(1) the date of application; 
(2) the name and complete mailing address, including the street address, of the 
donor; 
(3) the name, telephone number, and complete mailing address of the donor's 
authorized representative; 
(4) a description of the safety rest area that the donor is interested in 
adopting; and 
(5) the signature of the donor's authorized representative.
(d) Agreement. 
(1) If the application submitted under subsection (c) of this section is 
approved by the district engineer, the donor shall enter into a written 
agreement with the department providing for participation in the Program. 
(2) The agreement shall be in the form prescribed by the department and shall 
contain at a minimum the following terms. 
(A) The donor shall comply with the terms and conditions set forth in the 
agreement. 
(B) The funding arrangement as agreed upon by the department and the donor. 
(i) Payment shall be made in the form of a certified or cashier's check. 
(ii) Payment must be in an amount equal to but not less than 25% of the amount 
the department has determined will be the annual cost of funding the tasks 
described in subsection (b)(1) of this section. 
(e) Program requirements. 
(1) Each area must be adopted for a minimum period of one year. The donor 
adopting the area will retain first option on renewing the contract the 
following year. 
(2) The department may decline adoption for reasons of safety. 
(3) The department will erect a sign at the safety rest area, with the donor's 
name or acronym displayed. Signs shall be four feet by four feet and shall be 
the least expensive and most effective for each situation. Organizational or 
corporate logos are permitted, but must be provided by the donor and must meet 
the department's size and material specifications. No product name is allowed on 
the sign, except when it is an established and integral part of the group's 
name. No directions, slogans, or instructions are permitted on the signs. 
(4) The department will be responsible for hiring contractors to perform all 
work and duties related to the litter pickup and removal or maintenance of the 
adopted area.
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 March 3, 1997.
TRD-9702921
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Effective date: March 24, 1997
Proposal publication date: December 6, 1996
For further information, please call: (512) 463-8630

CHAPTER 4. Employment Practices
SUBCHAPTER E. Sick Leave Pool Program
43 TAC sec.sec.4.51, 4.55, 4.56
The Texas Department of Transportation adopts amendments to sec.4.51, sec.4.55, 
and sec.4.56, concerning the department's sick leave pool program. Sections 4.51 
and 4.56 are adopted with changes to the proposed text as published in the 
November 12, 1996, issue of the Texas Register (21 TexReg 11093). Section 4.55 
is adopted without changes and will not be republished. 
Government Code, Chapter 661, authorizes the department to establish a sick 
leave pool program and to adopt rules and prescribe procedures to provide 
additional sick leave for an employee when the employee or the employee's 
immediate family member has a catastrophic illness or injury which causes the 
employee to exhaust all leave time earned and lose compensation from the state. 
The amendments identify the specific criteria used to determine if an illness or 
injury is a severe condition, place stricter requirements on psychological 
conditions as a qualifying reason for using pool hours, and establish greater 
control over the use of hours granted from the pool. 
Section 4.51 is amended to add new definitions of licensed psychiatrist and sick 
leave. The definition of severe condition is amended to add separate 
psychological and physical conditions and establish separate criterion for each 
and also eliminates the reference to permanent disability as used in the term. 
The amendments also remove the definition of permanent disability. The 
amendments to sec.4.55 clarify which form the pool administrator will review for 
contribution returns. 
The amendments to sec.4.56 require that a licensed psychiatrist certify a 
psychological medical condition; the employee's job description be attached to 
the medical certification form the health care provider completes; and the 
employee exhaust accrued leave before using hours granted from the pool. The 
amendments also remove the paragraph that defines the appropriate use of hours 
granted for a permanent disability, allow time granted from the pool to begin 
after the time covered by the last worker's compensation check distributed for 
on the job injuries, consolidate the maximum hours per request and maximum hours 
per condition, and change 90 calendar days to 90 work days regarding the maximum 
number of hours that can be granted per condition. 
No comments were received on the proposed amendments. Changes were made to 
sec.4.51 to divide the definition for severe condition into two definitions, 
severe psychological and severe physical conditions, and sec.4.56 to clarify 
that only a severe psychological condition must be certified by a licensed 
psychiatrist. 
The amendments are adopted under Transportation Code, sec.201.101, which 
provides the Texas Transportation Commission with the authority to establish 
rules for the conduct of the work of the Texas Department of Transportation, and 
Government Code, Chapter 661, which requires the department to adopt rules 
administering a sick leave pool program. 

sec.4.51. Definitions. 
The following words and terms, when used in the sections under this subchapter, 
shall have the following meanings, unless the context clearly indicates 
otherwise.
Licensed psychiatrist-A psychiatrist licensed by a state medical licensing 
board.
Severe psychological condition-A psychological illness that results in the 
patient being suicidal or capable of harming themselves or others and requires 
one week or more inpatient hospitalization.
Severe physical condition-A physical illness or injury that poses an imminent 
threat to the life of the patient or causes the employee to be off work for 
three continuous months or more for the current episode. 
Sick leave-Leave taken when sickness, injury, or pregnancy and confinement 
prevent the employee's performance of duty or when the employee is needed to 
care and assist a member of his immediate family who is actually ill.

sec.4.56. Withdrawals. 
(a) Restrictions. 
(1) An employee or an employee's immediate family must have a catastrophic 
illness or injury to be eligible to withdraw from the pool. The patient's health 
care provider must certify in writing that the illness or injury of the employee 
or member of the employee's immediate family is catastrophic. 
(2) A written certification from a health care provider must be submitted with 
all requests for withdrawals. Requests related to severe psychological 
conditions must be certified by a licensed psychiatrist. The certification 
should include the diagnosis and prognosis of the condition or combination of 
conditions and the date the employee or employee's immediate family member will 
be able to return to normal activities. If the certification is for the 
employee's immediate family member, it should also include the amount of time 
the employee will be needed to provide primary care. The health care provider 
certification shall be in a form prescribed by the pool administrator. This 
information is confidential, unless otherwise required by law, and may only be 
released to the human resources officer if he or she can demonstrate a 
legitimate business necessity for this information. 
(3) The employee must submit an updated health care provider's certification 
that certifies that the catastrophic illness or injury still exists or that it 
is necessary for the employee to be off work to recover or assist in the 
recovery from the treatment of the catastrophic illness or injury before an 
extension may be approved. 
(4) An employee's use of a transfer from the sick leave pool for family members 
not residing in that employee's household is strictly limited to the time 
necessary to provide assistance to a spouse, child, or parent of the employee 
who needs such care and assistance as a direct result of a documented medical 
condition. 
(5) The maximum number of hours that may be granted per catastrophic condition 
is 720 hours (90 work days) or one third of the pool balance, whichever is less 
at the time a request is received. 
(6) When the pool balance is below 7200 hours, an employee may not be 
transferred more than 340 hours (approximately two months) per request, unless 
unpaid leave is incurred before the request is approved. If unpaid leave is 
incurred, the employee may not be transferred more than the sum of the unpaid 
leave and 340 hours. Additionally, the pool administrator will approve or deny 
all requests in the order in which they are received.
(7) The time transferred will begin on the date and time the employee exhausted 
all accrued leave or, in cases which are eligible for workers' compensation 
payments, after the period covered by the last workers' compensation check 
distributed. 
(8) An employee who uses pool sick leave in accordance with this subchapter is 
not required to pay back that leave. 
(9) An employee must exhaust all accrued leave time before using hours approved 
from the sick leave pool. 
(10) All withdrawals from the pool must be used solely for the catastrophic 
illness or injury for which they were granted. 
(11) An employee who is in need of additional sick leave after exhausting all 
accrued leave time shall exhaust all available extended sick leave before using 
time granted from the sick leave pool. 
(12) An employee who is injured on the job, who is entitled to receive worker 
compensation payments, and who chooses to integrate his or her sick leave, and 
vacation leave, or compensatory time is also eligible to receive a withdrawal in 
accordance with this subchapter. 
(13) Hours from the sick leave pool may be granted in a block of time and used 
on an as needed basis. The pool administrator may require the unused hours to be 
returned to the pool after such time has expired unless an immediate need for 
such leave still exists. 
(14) The pool administrator may require the patient's condition to be 
recertified by a health care provider on a monthly basis when the necessary 
information to make a definite determination of the employee's need for pool 
hours is changed, uncertain, or not available. If the employee is determined to 
be able to return to work sooner than a previous certification, the pool 
administrator may require the unused portion of a withdrawal to be returned to 
the pool. If the employee fails to cooperate with recertification requirements 
and reevaluation procedures, the pool administrator may deny the request or 
require the unused portion of a withdrawal be returned to the sick leave pool. 
(15) Unused sick leave from the pool shall be returned to the pool when the need 
for such leave ceases to exist or the pool administrator requires it in 
accordance with this subchapter. 
(16) The estate of a deceased employee is not entitled to payment for unused 
sick leave from the pool. 
(b) Procedures. 
(1) The employee shall complete the application for withdrawal. The human 
resources officer shall assist the employee by verifying leave balances and the 
date and time all accrued leave time was or will be exhausted. 
(2) The employee shall submit the application and the health care provider's 
certification form and a copy of the employee's functional job description to 
his or her health care provider no earlier than 15 workdays before the need for 
the withdrawal. The health care provider will complete the certification and 
mail it, with the completed application, directly to the pool administrator. 
(3) The pool administrator will consider applications for withdrawal in the 
order in which they are received. The pool administrator shall stamp the date 
and time of receipt on each application, and shall approve or deny the request 
within five working days of that date. 
(4) If the pool administrator questions the validity of the certification 
completed by the employee's health care provider, based on the average expected 
duration or severity of the condition, the administrator may request a health 
care provider, contracted by the department, to review the patient's medical 
records. The contracted health care provider may consult with the patient's 
health care provider if more information is needed. If the determination of the 
contracted health care provider differs from the patient's health care provider, 
the pool administrator may request that the patient's medical records be 
reviewed by a third health care provider who is not under contract with the 
department. The pool administrator and the employee must agree on the third 
health care provider. The determination of the third health care provider is 
binding. The department will pay for both reviews. If the employee fails to 
cooperate with the medical records review, the pool administrator may deny the 
request or require that the unused portion of the withdrawal to be returned to 
the sick leave pool. 
(5) The pool administrator will determine the amount of sick leave transferred 
for each request based on: 
(A) the number of hours requested by the employee; 
(B) the health care provider's certification which indicates the approximate 
date the patient will be able to return to light and normal duties or the amount 
of time that the employee is needed to provide primary care for the immediate 
family member; 
(C) the date and time all accrued leave time was or will be exhausted; and 
(D) the balance of the pool. 
(6) The pool administrator shall approve or deny the transfer of hours from the 
sick leave pool to the employee's personal sick leave account. 
(7) The human resources officer shall inform the pool administrator of the 
amount of leave the employee used for the illness or injury at the end of each 
month, and, if he or she has returned to work, the total number of hours used 
and how many hours are being returned. 
(8) The pool administrator shall return all unused hours to the pool.
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 March 3, 1997.
TRD-9702922
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Effective date: March 24, 1997
Proposal publication date: November 12, 1996
For further information, please call: (512) 463-8630

CHAPTER 18. Motor Carriers
SUBCHAPTER A. General Provisions
43 TAC sec.18.2
The Texas Department of Transportation adopts an amendment to sec.18.2, 
concerning definitions. Section 18.2 is adopted without changes to the proposed 
text as published in the November 12, 1996, issue of the Texas Register (21 
TexReg 11095) and will not be republished. 
The amended section is necessary to ensure the department's proper 
administration of the laws concerning the registration of commercial motor 
carriers. 
Texas Civil Statutes, Article 6675c, states that motor carrier registration 
provisions do not apply to "... a motor vehicle the department by rule exempts 
because the vehicle is subject to comparable registration and a comparable 
safety program administered by another agency." The Texas Alcoholic Beverage 
Commission adopted 16 TAC sec.35.5, which became effective August 26, 1996. With 
the adoption of sec.35.5, vehicles transporting liquor under a private carrier 
permit issued in accordance with the Texas Alcoholic Beverage Code, Chapter 42, 
are subject to registration and safety programs comparable to those required by 
the department. In addition to a comparable registration program, the Texas 
Alcoholic Beverage Commission's safety program includes comparable liability 
insurance levels, proof of insurance, insurance filing, safety affidavit, and 
suspension/cancellation requirements. As such, the department has determined 
that such carriers should be exempt from motor carrier registration under this 
department's rules. 
The amendment to sec.18.2 revises the definition of "commercial motor carrier" 
to exclude vehicles transporting liquor under a private carrier permit issued in 
accordance with the Texas Alcoholic Beverage Code, Chapter 42. The amendment 
will release affected permittees from the obligation of complying with 
overlapping regulations by the Texas Alcoholic Beverage Commission and the Texas 
Department of Transportation. Such dual regulation unnecessarily raises the 
costs of governmental agencies and regulated businesses. 
No comments were received.
The amendment is adopted under Transportation Code, sec.201.101, which provides 
the Texas Transportation Commission with the authority to establish rules for 
the conduct of the work of the Texas Department of Transportation, and more 
specifically, Texas Civil Statutes, Article 6675c, which authorizes the 
department to carry out the provisions of those laws governing motor carrier 
registration.
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 March 3, 1997.
TRD-9702923
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Effective date: March 24, 1997
Proposal publication date: November 12, 1996
For further information, please call: (512) 463-8630

CHAPTER 25. Traffic Operations
The Texas Department of Transportation adopts the repeal of sec.sec.25.301-
25.309, concerning the Landscape Cost Sharing Program; sec.sec.25.601-25.610,
concerning the Adopt-a-Freeway Program; sec.sec.25.701-25.709, concerning the 
Adopt-a-Highway for Landscaping Program; and sec.sec.25.801-25.809, concerning 
the Adopt-a-Highway Program. The repeals are adopted without changes to the 
proposed text as published in the December 6, 1996, Texas Register (21 TexReg 
11772) and will not be republished. 
These sections are being adopted for repeal because the subject matter more 
appropriately falls within Chapter 2, Environmental Policy, and due to the 
simultaneous adoption of new sec.sec.2.61-2.70, concerning public participation 
programs, which adopts in an amended form provisions of the repealed sections. 
No comments were received on the proposed repeals.

SUBCHAPTER F. Landscape Cost Sharing Program
43 TAC sec.sec.25.301-25.309
The repeals are adopted under Transportation Code, sec.201.101, which provides 
the Texas Transportation Commission with the authority to establish rules for 
the conduct of the work of the Texas Department of Transportation, and 
Transportation Code, sec.203.002, which authorizes and empowers the commission 
to lay out, construct, maintain, and operate a modern state highway 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 March 3, 1997.
TRD-9702924
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Effective date: March 24, 1997
Proposal publication date: December 6, 1996
For further information, please call: (512) 463-8630

SUBCHAPTER J. Adopt-A-Freeway Program
43 TAC sec.sec.25.601-25.610
The repeals are adopted under Transportation Code, sec.201.101, which provides 
the Texas Transportation Commission with the authority to establish rules for 
the conduct of the work of the Texas Department of Transportation, and 
Transportation Code, sec.203.002, which authorizes and empowers the commission 
to lay out, construct, maintain, and operate a modern state highway 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 March 3, 1997.
TRD-9702925
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Effective date: March 24, 1997
Proposal publication date: December 6, 1996
For further information, please call: (512) 463-8630

SUBCHAPTER K. Adopt-A-Highway for Landscaping Program 
43 TAC sec.sec.25.701-25.709
The repeals are adopted under Transportation Code, sec.201.101, which provides 
the Texas Transportation Commission with the authority to establish rules for 
the conduct of the work of the Texas Department of Transportation, and 
Transportation Code, sec.203.002, which authorizes and empowers the commission 
to lay out, construct, maintain, and operate a modern state highway 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 March 3, 1997.
TRD-9702926
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Effective date: March 24, 1997
Proposal publication date: December 6, 1996
For further information, please call: (512) 463-8630

SUBCHAPTER L. Adopt-A-Highway
43 TAC sec.sec.25.801-25.809
The repeals are adopted under Transportation Code, sec.201.101, which provides 
the Texas Transportation Commission with the authority to establish rules for 
the conduct of the work of the Texas Department of Transportation, and 
Transportation Code, sec.203.002, which authorizes and empowers the commission 
to lay out, construct, maintain, and operate a modern state highway 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 March 3, 1997.
TRD-9702927
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Effective date: March 24, 1997
Proposal publication date: December 6, 1996
For further information, please call: (512) 463-8630