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 13. CULTURAL RESOURCES
PART II. Texas Historical Commission
CHAPTER 26.Practice and Procedure
13 TAC sec.sec.26.2, 26.3, 26.5, 26.8, 26.9, 26.10, 26.12, 26.13, 26.17, 26.20, 
26.21
The Texas Historical Commission adopts amendments to sec.sec.26.2, 26.3, 26.5, 
26.8, 26.9, 26.10, 26.12, 26.13, 26.17, 26.20, and 26.21, concerning Scope, 
Compliance with Rules and Regulations, Definitions, Specific Criteria for 
Evaluating Archeological Sites, Specific Criteria for Evaluating Caches and 
Collections, Specific Criteria for Evaluating Shipwrecks, Designation Procedure, 
Designation of Private Property, Issuance of Permits, Archeological Permit 
Categories, and Application for Archeological Permits with changes to the 
proposed text as published in the October 25, 1996, issue of the Texas Register 
(21 TexReg 10482). These amendments are needed to clarify issues related to the 
protection of State Archeological Landmarks (SAL's), and explain the criteria 
that are used in evaluating the significance of archeological sites that are 
considered for official State Archeological Landmark designation. The proposed 
amendments also address problems that have arisen regarding the regulation of 
archeologists and investigative firms that perform archeological investigations 
on public land without permits, and the regulations relating to the 
qualifications of professional archeologists that function as principal 
investigators under Antiquities Permits. 
Rules relating to a new category of permit, some new permit restrictions, and a 
definition for a geoarcheologist were adopted. These changes along with 
amendments to the responsibilities of the Antiquities Advisory Board should 
result in fewer intentional and unintentional violations of the Antiquities Code 
of Texas, and streamline the State Archeological Landmark designation process. A 
public hearing on the amendments was held by the Antiquities Advisory Board on 
January 29, 1997, in Austin, Texas at 9:30 a.m., and by the Commission, in 
Austin, Texas on January 30, 1997, at 9:30 a.m. Representatives of the Texas 
Department of Transportation and the Texas Parks and Wildlife Department 
attended the Antiquities Advisory Board meeting and both agencies provided 
comments for the public record. Those same agencies also attended the Commission 
meeting, but made no comments for the record. The comments made to the 
Antiquities Advisory Board were primarily concerned with proposals concerning 
the creation of a definition for a new category of professional archeologist. 
The original intent of the staff of the Commission was to create an official 
category for a project archeologist that could function in the absence of a 
principal investigator. The project archeologist could have served the purpose 
of performing administrative and archeological tasks associated with permit 
level archeological investigations under the Antiquities Code of Texas, and 
thereby assure that a qualified archeologist was on site at all times to manage 
the investigations being performed under an Antiquities Permit. Discussions of 
this issue before the Antiquities Advisory Board resulted in a recommendation to 
the Commission that was supported by the commenters, Commission staff, and the 
Antiquities Advisory Board. That recommendation was that the issue of a project 
archeologist should be delayed until a study panel could thoroughly review the 
matter and refine the definition of a project archeologist. The Commission 
approved the amendment to remove the definition of a project archeologist and 
all other references to the project archeologist as proposed and published in 
October 25, 1996, issue of the Texas Register (21 TexReg 10482). 
The Commission also received written comments on the proposed amendments from 
several professional archeologists and those comments were also primarily 
concerned with the definition of a project archeologist. Most commenters felt 
that requiring the project archeologist to have a graduate degree in archeology 
before he or she could qualify to serve as a project archeologist was too high 
of a standard. The Commission agreed in part with the concerns expressed, and 
the current postponement of action on this issue of the project archeologist 
should afford all concerned parties an opportunity to assist the Commission in 
the creation of a final definition for the category of professional 
archeologist. 
A commenter was also concerned that some of the proposed changes in the 
definition of a principal investigator, because a proposed new standard related 
to graduate school training and experience might exclude a few individuals that 
are currently serving as principal investigators. The Commission concurred with 
that conclusion, and altered the definition to clarify that any person that had 
completed, or was holding an active permit not in default, prior to the date 
that these rules become effective would be eligible to be issued additional 
permits in the future. In effect those individuals will be grandfathered into 
the continuing permit process under the Antiquities Code of Texas.
A commenter suggested changes related to the cancellation and extension of 
ongoing permits, including the creation of an appeal process associated with 
those permit issues. Those proposal were not directly related to rule amendments 
that were currently before the Commission, nor were they part of the proposed 
rules published in October 25, 1996, issue of the Texas Register (21 TexReg 
10482) therefore, the Commission did not address or deal with those proposals at 
this time. They may be addressed in future rule changes. 
A commenter suggested that the language of a proposed change to sec.26.8(2) 
would potentially broaden eligibility standards for official State Archeological 
Landmark designation beyond the intent of the Commission. The Commission 
concurred with that conclusion and amended the language to adjust landmark 
designation standards so that archeological sites considered under sec.26.8(2) 
need to have real research potential rather then just the potential for standard 
archeological investigation techniques to be used on them before they could be 
considered eligible for designation as official state landmarks. 
These adopted amendments are proposed under the Natural Resources Code, Title 9, 
Chapter 191 (revised by Senate Bill 365, 74th Legislature, 1995), sec.191.002, 
which provides the Texas Historical Commission with authority to promulgate 
rules and require contract or permit conditions to reasonably effect the 
purposes of this chapter. 

sec.26.2.Scope.
State archeological landmarks include all sites, objects, buildings, pre-
twentieth century shipwrecks and locations of historical, archeological, 
educational, or scientific interest including, but not limited to, prehistoric 
American Indian or aboriginal campsites, dwellings, and habitation sites, 
archeological sites of every character, treasure imbedded in the earth, sunken 
or abandoned ships and wrecks of the sea or any part of their contents thereof, 
maps, records, documents, books, artifacts, and implements of culture in any way 
related to the inhabitants, prehistory, history, natural history, government, or 
culture in, on, or under any of the lands of the State of Texas, including the 
tidelands, submerged land, and the bed of the sea within the jurisdiction of the 
State of Texas. Section 191.092 of the Code provides that historical and 
archeological sites on lands belonging to any county, city, or other political 
subdivision of the State of Texas are state archeological landmarks and may not 
be taken, altered, damaged or destroyed, salvaged, or excavated without a permit 
from the committee. Also protected under the Antiquities Code of Texas are 
specially designated archeological landmarks on private property, as well as all 
American Indian or aboriginal paintings, hieroglyphic, or other marks or 
carvings on rock or elsewhere which pertain to early American Indian or 
aboriginal habitation of the country. The committee is further empowered to 
provide for a system of permits and contracts for salvage of treasures embedded 
in the earth and the excavation or study of archeological and historical sites 
and objects. Sections 191.002, 191.051, 191.091, 191.092, 191.093, and 191.094 
of the Antiquities Code of Texas specifically discuss the interests of the State 
of Texas in the recordation, protection, preservation, and study of 
archeological sites in and on public lands, or under the public seas and 
waterways in the State of Texas. All publicly owned archeological sites in Texas 
have intrinsic historic values, and as such are protected under the Antiquities 
Code regardless of their size, character, or ability to yield data that will 
contribute important information on the history or prehistory of Texas. All such 
sites are protected under the Antiquities Code as State Archeological Landmarks 
regardless of whether they warrant official landmark designation. Therefore, all 
publicly owned sites are protected from vandalism, or other actions meant to 
take, alter, or destroy them, and information directly related to their specific 
locations is restricted from an open records requests. All archeological sites 
do not, however, contribute equally valuable scientific information on the 
history and prehistory of Texas, and some sites may not possess research values 
sufficient to warrant long term preservation, or archeological investigations 
beyond survey level recordation. Therefore, the issue of whether sites are 
significant and warrant preservation, and/or further research, (such as 
archeological testing and data recovery level investigations) is dealt with 
through both official landmark designations and permit issuance and regulation. 
Official State Archeological Landmark designation is an administrative procedure 
that provides for public notice of sites being considered for designation, and 
allows the land-owning or controlling public agency and the public the 
opportunity to have input into the designation process. The permit issuance and 
regulation procedures provide for an investigative and consultative process that 
allows the committee, permittee, land-owning agency, sponsor, principal 
investigator, and investigative firm a system by which sites can be documented 
and assessed to determine whether further investigations are necessary. 

sec.26.3.Compliance with Rules and Regulations.
If the permittee, project sponsor, principal investigator, or investigative 
firm, fails to comply with any of the rules and regulations of the committee or 
any of the terms of the specific permit involved, or fails to properly conduct 
or complete the project, or fails to act in the best interest of the state, or 
fails to meet terms and conditions of defaulted permits, the committee may 
cancel the permit and notify the permittee of such cancellation by registered 
letter, mailed to the first address furnished to the committee by the permit 
applicant. Upon notification of cancellation, when determined to be appropriate, 
the permittee and principal investigator/investigative firm shall, in the case 
of ongoing projects, cease work immediately, remove all personnel and equipment, 
and vacate the area or site within 24 hours. Upon cancellation of a permit, the 
permittee forfeits all rights to the specimens and data recovered. A permit 
which has been canceled can be reinstated by the committee if good cause is 
shown within 30 days. A principal investigator and investigative firm shall not 
proceed with an archeological investigation, or other permitted investigation, 
without applying for, and having been issued a permit by the committee, or 
without having been officially authorized by the committee to proceed prior to 
issuance of an emergency permit. Failure to do so may result in the principal 
investigator and investigative firm being censured and denied issuance of a 
permit for the investigation in question, and any other investigations that 
require permits, for a six month period. The committee will send a letter of 
reprimand the principal investigator and/or investigative firm for each 
application offense. More than one permit application offense in one calendar 
year could result in permit censuring for a period of six months for each 
offense. Final determinations on permit censuring will be made by the board of 
the committee, in consultation with the Antiquities Advisory Board, at their 
earliest possible quarterly meeting. If the committee determines that more than 
one permit application offense has occurred in one calendar year, they may 
direct the staff to censure the principal investigator and investigative firm in 
question. The censured parties will then be ineligible to be issued a permit for 
a period of six months for each offense. Any decisions relative to permit 
censuring can be appealed to the State Office of Administrative Hearing (SOAH), 
and a formal evidentiary hearing on the matter will be set. Project sponsors and 
permittees shall not encourage principal investigators or investigative firms to 
perform investigations on public lands in the State of Texas without a properly 
issued permit, and such investigations proceeding with the knowledge of the 
project sponsor and/or permittee would constitute a violation of the Antiquities 
Code of Texas. This action may result in the denial of a permit and compromise 
authorization for a development project to proceed relative to jurisdiction 
under the Antiquities Code of Texas. The committee may also require that the 
investigations performed without a permit be performed again under a properly 
issued permit. 

sec.26.5.Definitions. 
The following words and terms, when used in this chapter and the Antiquities 
Code of Texas, shall have the following meanings unless the context clearly 
indicates otherwise. 
Board-The board of the Texas Historical Commission (committee). 
Emergency Permit- A permit that authorizes investigations to be performed prior 
to the formal application for those investigations. This permit will only be 
issued under emergency conditions when archeological deposits are discovered 
during development or other construction projects, or under conditions of 
natural or man-made disasters that necessitate immediate action to deal with the 
findings.
Permit Application Offense- Failure to properly apply for a permit, and/or 
receive authorization for an emergency permit by the committee, prior to the 
actual performance of an archeological or architectural investigation. 
Permit Censuring-A restriction in the ability of a principal investigator and 
investigative firm to be issued a permit under the auspices of the Antiquities 
Code of Texas.
Professional personnel-Appropriately trained specialists required to perform 
adequate archeological and architectural investigations. These personnel include 
the following:
(A) Principal investigator. A professional archeologist with demonstrated 
competence in field archeology and laboratory analysis, as well as experience in 
administration, logistics, personnel deployment, report publication, and fiscal 
management. In addition to these criteria the principal investigator shall: 
(i) hold a graduate degree in anthropology/archeology, or closely related field 
such as, geography, geology, or history, if their degree program also included 
formal training in archeological field methods, research, and site 
interpretation from an accredited institution of higher education; and/or be 
accredited by the Society of Professional Archeologists (SOPA) with emphasis in 
field research, historical archeology, or underwater archeology as appropriate; 
and/or have successfully completed investigations under an Antiquities Permit; 
and/or hold an active permit not in default, prior to the date that these rules 
become effective; 
(ii) (No change) 
(iii) have at least twelve months of full-time experience in a supervisory role 
involving complete responsibility for a major portion of an archeological 
project of comparable complexity to that which is to be undertaken under permit; 
(iv) have demonstrated the ability to disseminate the results of an 
archeological investigation in published form conforming to current professional 
standards; 
(v) remain on-site a minimum of 25% of the time required for the field 
investigation, and whose names must appear on the project report; 
(vi) provide a field archeologist to supervise the field investigation in his or 
her absence; and 
(vii) testify concerning report findings in the interest of controversy or 
challenge. 
(B) Professional archeologist. One who has a degree in anthropology/archeology 
or closely related field if that degree also included formal training in 
archeological field methods, research, and site interpretation, conducts 
archeological investigations as a vocation, and whose primary source of income 
is from archeological work. Qualifications for specialized types of professional 
archeologists are listed below. 
(i)-(iv) (No change.) 
(C) Project architect. A professional architect who is a qualified architect and 
has had full-time experience in a supervisory role on at least one historic 
preservation project. The project architect must be involved, at a minimum, in 
25% of the time required for an historic structures permit project and, when not 
involved with the project, must assign a qualified historic architect to 
supervise the preservation project. 
(D) Historic architect. One who has a professional degree in architecture or a 
state license to practice architecture, plus one of the following: 
(E) Historian. The minimum professional qualifications are a graduate degree in 
history or closely related field; or a bachelor's degree in history or a closely 
related field plus one of the following: 
(i) at least two years of full-time experience in research, writing, teaching, 
interpretation, or other demonstrable professional activity with an academic 
institution, historical organization or agency, museum, or other professional 
institution; or 
(ii) substantial contribution through research and publication to the body of 
scholarly knowledge in the field of history. 
(F) Geomorphologist or Geoarcheologist. A person that holds a graduate degree in 
geology, geomorphology, archeology, or other closely related field, and has had 
sufficient training to adequately evaluate the sedimentology, stratigraphy, and 
pedology of deposits in the field and be competent to describe and analyze the 
deposits using standard terminology and methods. This person should also have 
general archeological experience in area in which the investigations are to 
occur. 
Project sponsor-An individual, institution, investigative firm, or company 
paying costs of, or managing the archeological investigation or historic 
preservation activity for the owner of the public land, or permittee listed 
under the Antiquities Permit.

sec.26.8.Criteria for Evaluating Archeological Sites. 
The committee uses one or more of the following criteria when assessing the 
appropriateness of official landmark designation, and/or the need for further 
investigations under the permit process: 
(1) the site has the potential to contribute to a better understanding of the 
prehistory and/or history of Texas by the addition of new and important 
information; 
(2) the site's archeological deposits and the artifacts within the site are 
preserved and intact, thereby supporting the research potential or preservation 
interests of the site; 
(3) the site possesses unique or rare attributes concerning Texas prehistory 
and/or history; 
(4) the study of the site offers the opportunity to test theories, and methods 
of preservation, thereby contributing to new scientific knowledge; 
(5) the high likelihood that vandalism and relic collecting has occurred or 
could occur, and official landmark designation is needed to insure maximum legal 
protection, or alternatively further investigations are needed to mitigate the 
effects of vandalism and relic collecting when the site cannot be protected.

sec. 26.9.Criteria for Evaluating Caches and Collections. Caches and collections 
may be considered significant and be recognized or designated as State 
Archeological Landmarks, provided that at least one of the following conditions 
is met: 
(1)-(4) (No change.) 

sec.26.10.Criteria for Evaluating Shipwrecks.
Shipwrecks may be considered significant and be recognized or designated as 
State Archeological Landmarks provided that the following conditions are met:
(1)-(3) (No change.)

sec.26.12.Designation Procedure. 
(a) Nomination. Any group or individual, public or private, and public agencies 
may submit a property in public ownership to the committee for official 
designation. The nomination must be submitted to the committee on an approved 
form, available from the Texas Historical Commission, P.O. Box 12276, Capitol 
Station, Austin, Texas 78711-2276, at least 30 days in advance of the scheduled 
committee meeting date. 
(1) Any third-party private individual or a private group that desires to 
nominate a building or site owned by a political subdivision as a State 
Archeological Landmark must complete and return to the committee an Application 
for Nomination Form, and must give notice of the nomination at the individual's 
or group's own expense, in a newspaper of general circulation published in the 
city, town, or county in which the building or site is located. If no newspaper 
of general circulation is published in the city, town, or county, the notice 
must be published in a newspaper of general circulation in an adjoining or 
neighboring county that is circulated in the county of the applicant's 
residence. The notice must: 
(A)-(C) (No change.) 
(D) An original copy of the notice and an affidavit of publication signed by the 
newspaper's publisher must be submitted to the committee with a Application for 
Nomination Form. The committee will not consider a site owned by a political 
subdivision for designation as a State Archeological Landmark unless the notice 
and affidavit required by this section are attached to an Application for 
Nomination Form. This notification must be received by both the committee and 
the public agency a minimum of 30 day prior to a regularly scheduled public 
meeting of the committee at which the nomination is scheduled to be presented. 
(2) (No change.) 
(b) (No change.) 
(c) Presentation. Following staff evaluation and recommendation, the nomination 
will be presented to the Antiquities Advisory Board at its next available 
meeting. Written notice of the presentation will be sent to the owner. The 
Antiquities Advisory Board will review each nomination, the staff 
recommendations related to each nomination, and any testimony given by the owner 
of the property, and the public at large. The Antiquities Advisory Board will 
then pass on their recommendations regarding each nomination to the full board 
of the committee. The committee's staff and the Chair of the Antiquities 
Advisory Board will present the nomination and recommendations to the committee 
at its meeting. 
(d) (No change.) 
(e) Designation. After the minimum comment period of 30 days has elapsed, the 
committee may consider the property for designation at its next available 
meeting. Concerned parties will be informed of the agenda by written notice at 
least 15 calendar days in advance of the meeting date. Anyone may present 
evidence or testify at the meeting when the final decision is to be made. Prior 
to a hearing on the proposed designation by the committee, the Antiquities 
Advisory Board will hear and review the proposed designation, staff 
recommendations, and any testimony by the owner of the property and the public 
at large related to each proposed designation. The Antiquities Advisory Board 
will then pass on their recommendations regarding each proposed designation to 
the full board of the committee. The committee's staff and the Chair of the 
Antiquities Advisory Board will present the proposed designation and 
recommendations to the committee at its meeting. The committee may then vote to 
designate, to deny designation, to request further information, or to make any 
other appropriate decision. 
(f)-(j) (No change.)

sec.26.13.Designation of Private Property.
Cultural resources of national, state, or local significance in private 
ownership may be nominated by individuals or institutions holding title to the 
property on which the resources are located. Nominations must be made on a 
committee approved form. By submitting an approved form, the owner agrees that 
if the property in question is designated as a State Archeological Landmark, he 
or she will file a notice of the designation with the deeds clerk of the county 
where the property is located, and pay any filing fees required. After filing of 
the designation form, the committee may provide the owner of the landmark with 
one cast aluminum marker. The owner will be responsible for prompt and permanent 
placement of the marker or markers on the site in such a way as not to damage 
the resource. A site or structure on privately owned property which is 
designated as a State Archeological Landmark is afforded the same protection 
under the Code as resources on public property. The nomination and designation 
hearing process for the designation of privately owned sites or buildings will 
follow procedures set forth in sec.26.12 of this title (relating to Designation 
Procedure). 

sec.26.17.Issuance and Restriction of Permits. 
(a)-(h) (No change.) 
(i) Permit cancellation. The committee may cancel an Antiquities Permit, and any 
appeals of such cancellations must be made before the State Office of 
Administrative Hearings. One or more of the following conditions must exist 
before a permit may be canceled by the committee: 
(1) the death of the principal investigator; 
(2) failure of the project sponsor or permittee to fully fund the investigation; 
(3) cancellation of the project by the sponsor or permittee, before the 
investigations have begun, or are substantively complete; 
(4) violation of sec.26.3 of this title (relating to Compliance with Rules and 
Regulations), and/or; 
(5) destruction of the permit area or associated cultural resources due to 
natural causes, prior to the substantive completion of the investigations being 
performed under the permit. 
(j) Permit censuring. The committee may censure a principal investigator and 
investigative firm if it is found that two or more permit application offenses 
have occurred in one calendar year. Permit application offenses result when 
investigations are performed without first obtaining a permit from the 
committee. Permit censuring will render a principal investigator and 
investigative firm ineligible for issuance of another permit for six months 
after a finding by the board that two or more permit application offenses have 
occurred in one calendar year.

sec.26.20.Archeological Permit Categories.
Several categories of permits oriented toward specific types of investigation 
are issued by the committee.
(1)-(12) (No change.) 
(13) Emergency permit. A permit that may be authorized by the committee for the 
purposes of performing investigations prior to formal application for a permit. 
Any of the above-referenced categories of investigations can be authorized under 
an emergency permit, but an emergency permit will only be issued under emergency 
conditions where the investigations must be initiated or performed prior to the 
formal issuance of the permit. Legitimate emergency conditions include those 
situations when archeological deposits are discovered during development or 
other construction projects, or under conditions of natural or man-made 
disasters that necessitate immediate action to deal with the situation and 
findings. 

sec.26.21.Application for Archeological Permit.
(a) (No change.) 
(b) Eligibility for application. Permits to conduct investigations of any nature 
on State Archeological Landmarks or for the discovery of potential landmarks, or 
on lands owned or controlled by agencies or political subdivisions of the state 
will be issued exclusively by the committee under the conditions provided in the 
Antiquities Code and in these rules and regulations. 
(1) Permits may be issued by the committee to scientific and educational 
institutions, nonprofit corporations and organizations, investigative firms, and 
governmental agencies which have demonstrated their ability to carry out proper 
archeological investigations through their own staffs, including one or more 
professional archeologists that can serve as principal investigators, and who 
will supervise the project, or through a contract with a professional 
archeologist that can serve as principal investigators. Permits may also be 
issued to individuals and private corporations who: 
(A) retain a professional archeologist that can serve as a principal 
investigator for the investigations, and can be in direct charge of the project 
from field investigation through preservation of collections and analysis of 
data to reporting of results; and 
(B) (No change.) 
(2) State or local archeological societies and archeological stewards wishing to 
conduct investigations on State Archeological Landmarks must have a principal 
investigator and are limited to non-compliance, investigation activities. 
(3) Principal investigators holding one or more defaulted permits are not 
eligible for additional permits until all terms and conditions of defaulted 
permits are met. 
(4) Principal investigators and investigative firms that are currently censured 
due to permit application offenses are not eligible to be issued a permit. Once 
the censure period has lapsed the censured principal investigator or 
investigative firm will be eligible to be issued a permit.
(5) No permits will be issued if the principal investigator and/or investigative 
firm cannot commit to the full-time on-site performance of, or on-site direction 
of the permitted investigations by the principal investigator or a qualified 
project archeologist. 
(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 April 10, 1997.
TRD-9704444
Curtis Tunnell
Executive Director
Texas Historical Commission
Effective date: April 22, 1997
Proposal publication date: October 25, 1996
For further information, please call: (512) 463-5711

TITLE 19. EDUCATION
PART VII. State Board for Educator Certification
CHAPTER 230.Professional Educator Preparation and Certification 
SUBCHAPTER A.Educator Preparation Accountability System
19 TAC sec.230.5, sec.230.6
The State Board for Educator Certification (SBEC) adopts amendments to 
sec.230.5, concerning educator assessment and sec.230.6, concerning the 
effective date without changes to the proposed text as published in the February 
7, 1997, issue of the Texas Register (22 TexReg 1367). 
These rules are being amended to delete definitions of terms because of adding a 
new Subchapter Y which provides definition of terms used in the entire Chapter 
and to clarify educator program in the effective date. 
These rules as amended clarify confusing terminology to be consistent with 
definitions used throughout the chapter. 
No comments were received regarding adoption of the amendments. 
The amended sections are adopted under Texas Education Code (TEC), Chapter 21, 
Subchapter B, sec.21.045, which authorizes the State Board for Educator 
Certification to establish standards to govern the continuing accountability of 
all educator preparation programs
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 April 7, 1997.
TRD-9704614
Mark Littleton
Executive Director
State Board for Educator Certification
Effective date: April 28, 1997
Proposal publication date: February 7, 1997
For further information, please call: (512) 469-3004

SUBCHAPTER F.Professional Educator Preparation
19 TAC sec.sec.230.153, 230.156, 230.160, 230.161
The State Board for Educator Certification (SBEC) adopts amendments to 
sec.230.153, concerning the Standard III. Organizational Structure for Teacher 
Education; 230.156, concerning Standard VI. Characteristics of Teacher Education 
Faculty; 230.160, concerning Standard X. Collaborative Planning and Review 
Processes; and 230.161, concerning Standard XI. Evaluation for Quality Control; 
without changes to the proposed text as published in the February 7, 1997, issue 
of the Texas Register (22 TexReg 1368). 
These rules are being amended to clarify the types of schools recognized by the 
SBEC for purposes of student teaching, internship, and previous experience 
requirements and providing a consistent reference to "creditable" experience. 
These rules as amended clarify confusing terminology to be consistent with 
definitions used throughout the chapter. 
No comments were received regarding adoption of the amendments. 
The amended sections are adopted under Texas Education Code (TEC), Chapter 21, 
Subchapter B, sec.21.045, which authorizes the State Board for Educator 
Certification to establish standards to govern the approval of all educator 
preparation programs.
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 April 7, 1997.
TRD-9704615
Mark Littleton
Executive Director
State Board for Educator Certification
Effective date: April 28, 1997
Proposal publication date: February 7, 1997
For further information, please call: (512) 469-3004

SUBCHAPTER G.Program Requirements for Preparation of School Personnel for 
Initial Certificates and Endorsements
19 TAC sec.sec.230.191, 230.195-230.199
The State Board for Educator Certification (SBEC) adopts amendments to 
sec.230.191, concerning preparation required in all programs; sec.230.195, 
concerning special education certificates; sec.230.196, concerning vocational 
agriculture certificate; sec.230.197, concerning vocational home economics 
certificates; sec.230.198, concerning vocational marketing education 
certificates and sec.230.199, concerning endorsements without changes to the 
proposed text as published in the February 7, 1997, issue of the Texas Register 
(22 TexReg 1369). 
These rules are being amended to clarify types of schools recognized by the SBEC 
for purposes of student teaching, internship, and previous experience 
requirements and to provide a consistent reference to "creditable" experience; 
and an amendment to add the endorsement of driver education instructors because 
SBEC is the appropriate certifying agency. 
These rules as amended clarify confusing terminology to be consistent with 
definitions used throughout the chapter and add the endorsement of driver 
education instructors because SBEC is the appropriate certifying agency. No 
comments were received regarding adoption of the amendments. 
The amended sections are adopted under Texas Education Code (TEC), Chapter 21, 
Subchapter B, sec.sec.21.041 (b)(2) and (4), 21.044, 21.048 and 21.050 which 
require the State Board for Educator Certification to establish the academic, 
internship, and examination requirements for all candidates for certification as 
well as the classes of certificates offered and TEC, Chapter 29, Subchapter Z, 
sec.29.902 which requires establishment of standards for professional and 
paraprofessional personnel who conduct driver education courses.
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 April 7, 1997.
TRD-9704616
Mark Littleton
Executive Director
State Board for Educator Certification
Effective date: April 28, 1997
Proposal publication date: February 7, 1997
For further information, please call: (512) 469-3004

SUBCHAPTER H.Alternative Certification of Teachers
19 TAC sec.230.231
The State Board for Educator Certification (SBEC) adopts an amendment to 
sec.230.231, concerning requirements for the alternative certification of 
teachers without changes to the proposed text as published in the February 7, 
1997, issue of the Texas Register (22 TexReg 1373). 
This rule is being amended to clarify types of schools recognized by the SBEC 
for purposes of student teaching, internship. 
This rule as amended clarify confusing terminology to be consistent with 
definitions used throughout the chapter. 
No comments were received regarding adoption of the amendment.
The amended section is adopted under Texas Education Code (TEC), Chapter 21, 
Subchapter B, sec.21.049 which requires the State Board for Educator 
Certification to provide for alternative certification programs.
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 April 7, 1997.
TRD-9704617
Mark Littleton
Executive Director
State Board for Educator Certification
Effective date: April 28, 1997
Proposal publication date: February 7, 1997
For further information, please call: (512) 469-3004

SUBCHAPTER I.Standards for Approval of Institutions Offering Graduate Education 
Programs for Professional Certification
19 TAC sec.sec.230.263, 230.266, 230.270, 230.271
The State Board for Educator Certification (SBEC) adopts amendments to 
sec.230.263, concerning Standard III. Organizational Structure for Graduate 
Teacher Education; sec.230.266, concerning Standard VI. Characteristics of 
Graduate Teacher Education Faculty; sec.230.270, concerning Standard X. 
Collaborative Planning and Review Processes; sec.230.271, concerning Standard 
XI. Evaluation for Quality Control of Graduate Programs; without changes to the 
proposed text as published in the February 7, 1997, issue of the Texas Register 
(22 TexReg 1373). 
These rules are being amended to clarify types of schools recognized by the SBEC 
for purposes of student teaching, internship, and previous experience 
requirements; to provide a consistent reference to "creditable" experience; and 
to conform with similar language in Subchapter F. 
These rules as amended clarify confusing terminology to be consistent with 
definitions used throughout the chapter. 
No comments were received regarding adoption of the amendments.
The amended sections are adopted under Texas Education Code (TEC), Chapter 21, 
Subchapter B, sec.21.045 which requires the State Board for Educator 
Certification to establish the standards to govern the approval of all educator 
preparation programs. 
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 April 7, 1997.
TRD-9704618
Mark Littleton
Executive Director
State Board for Educator Certification
Effective date: April 28, 1997
Proposal publication date: February 7, 1997
For further information, please call: (512) 469-3004

SUBCHAPTER J.Graduate Education Programs for Professional Certification 
19 TAC sec.sec.230.303-230.308, 230.310, 230.311, 230.13, 230.316, 230.319
The State Board for Educator Certification (SBEC) adopts amendments to 
sec.230.303, concerning planned program of preparation; sec.230.304, concerning 
professional administrator's certificates; sec.230.305, concerning the temporary 
certificate; sec.230.306, concerning Supervisor; sec.230.307, concerning 
Counselor; sec.230.308, concerning Visiting Teacher; sec.230.310, concerning 
Reading Specialist; sec.230.311, concerning Learning Resources Specialist; 
sec.230.313, concerning Special Education Supervisor; sec.230.316, concerning 
Educational Diagnostician (Special Education); and sec.230.319, concerning 
certification standards for vocational education supportive professional 
personnel; without changes to the proposed text as published in the February 7, 
1997, issue of the Texas Register (22 TexReg 1375). 
These rules are being amended to clarify types of schools recognized by the SBEC 
for purposes of student teaching, internship, and previous experience 
requirements; to provide a consistent reference to "creditable" experience. 
These rules as amended clarify confusing terminology to be consistent with 
definitions used throughout the chapter. 
No comments were received regarding adoption of the amendments. 
The amended sections are adopted under Texas Education Code (TEC), Chapter 21, 
Subchapter B, sec.sec.21.041(b)(2) and (4), 21.044, 21.048, 21.050 which require 
the State Board for Educator Certification to establish the academic, 
internship, and examination requirements for all candidates for certification as 
well as the classes of certificates offered.
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 April 7, 1997.
TRD-9704619
Mark Littleton
Executive Director
State Board for Educator Certification
Effective date: April 28, 1997
Proposal publication date: February 7, 1997
For further information, please call: (512) 469-3004

SUBCHAPTER K.Alternative Certification of Administrators
19 TAC sec.230.361
The State Board for Educator Certification (SBEC) adopts an amendment to 
sec.230.361, concerning requirements for the alternative certification of 
administrators without changes to the proposed text as published in the February 
7, 1997, issue of the Texas Register (22 TexReg 1377). 
This rule is being amended to clarify types of schools recognized by the SBEC 
for purposes of student teaching, internship, and previous experience 
requirements; to provide a consistent reference to "creditable" experience. 
This rule as amended clarifies confusing terminology to be consistent with 
definitions used throughout the chapter. 
No comments were received regarding adoption of the amendment. 
The amended section is adopted under Texas Education Code (TEC), Chapter 21, 
Subchapter B, sec.21.049 which requires the State Board for Educator 
Certification to provide for alternative certification programs. 
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 April 7, 1997.
TRD-9704620
Mark Littleton
Executive Director
State Board for Educator Certification
Effective date: April 28, 1997
Proposal publication date: February 7, 1997
For further information, please call: (512) 469-3004

SUBCHAPTER L. Postbaccalaureate Requirements for Persons Seeking Initial Teacher 
Certification through Approved Texas Colleges and Universities
19 TAC sec.230.391
The State Board for Educator Certification (SBEC) adopts an amendment to 
sec.230.391, concerning general program requirements without changes to the 
proposed text as published in the February 7, 1997, issue of the Texas Register 
(22 TexReg 1378). 
This rule is being amended to clarify types of schools recognized by the SBEC 
for purposes of student teaching, internship, and previous experience 
requirements. 
This rule as amended clarifies confusing terminology to be consistent with 
definitions used throughout the chapter. 
No comments were received regarding adoption of the amendment. 
The amended section is adopted under Texas Education Code (TEC), Chapter 21, 
Subchapter B, sec.sec.21.041(b)(2) and (4), 21.044, 21.048, and 21.050 which 
require the State Board for Educator Certification to establish the academic, 
internship, and examination requirements for all candidates for certification as 
well as the classes of certificates offered. 
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 April 7, 1997.
TRD-9704621
Mark Littleton
Executive Director
State Board for Educator Certification
Effective date: April 28, 1997
Proposal publication date: February 7, 1997
For further information, please call: (512) 469-3004

SUBCHAPTER M.Certification of Educators in General
19 TAC sec.230.413
The State Board for Educator Certification (SBEC) adopts an amendment to 
sec.230.413, concerning certification of educators in general without changes to 
the proposed text as published in the February 7, 1997, issue of the Texas 
Register (22 TexReg 1378). This rule is being amended to provide a consistent 
reference to "creditable" experience. 
This rule as amended clarifies confusing terminology to be consistent with 
definitions used throughout the chapter. 
No comments were received regarding adoption of the amendment. 
The amended section is adopted under Texas Education Code (TEC), Chapter 21, 
Subchapter B, sec.sec.21.041(b)(2) and (4), 21.044, 21.048, 21.050 and 21.082 
which require the State Board for Educator Certification to establish the 
academic, internship, and examination requirements for all candidates for 
certification, specify the classes of certificates offered; and to obtain all 
criminal history information that relates to an applicant for certification. 
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 April 7, 1997.
TRD-9704622
Mark Littleton
Executive Director
State Board for Educator Certification
Effective date: April 28, 1997
Proposal publication date: February 7, 1997
For further information, please call: (512) 469-3004

SUBCHAPTER N.Certificate Issuance Procedures 
19 TAC sec.230.437
The State Board for Educator Certification (SBEC) adopts an amendment to 
sec.230.437, concerning certificate issuance procedures without changes to the 
proposed text as published in the February 7, 1997, issue of the Texas Register 
(22 TexReg 1379). This rule is being amended to provide a consistent reference 
to "creditable" experience. 
This rule as amended clarifies confusing terminology to be consistent with 
definitions used throughout the chapter. 
No comments were received regarding adoption of the amendment. 
The amended section is adopted under Texas Education Code (TEC), Chapter 21, 
Subchapter B, sec.21.041(b) (4) and (c) and sec.21.048 which require the State 
Board for Educator Certification to specify the standards, assessments, and fees 
required for the issuance of an educator certificate.
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 April 7, 1997.
TRD-9704623
Mark Littleton
Executive Director
State Board for Educator Certification
Effective date: April 28, 1997
Proposal publication date: February 7, 1997
For further information, please call: (512) 469-3004

SUBCHAPTER P.Requirements for Provisional Certificates and Specialized 
Assignments or Programs 
19 TAC sec.230.483
The State Board for Educator Certification (SBEC) adopts an amendment to 
sec.230.483, concerning requirements for provisional certificates and 
specialized assignments or programs without changes to the proposed text as 
published in the February 7, 1997, issue of the Texas Register (22 TexReg 1379). 
This rule is being amended to provide a consistent reference to "creditable" 
experience. 
This rule as amended clarifies confusing terminology to be consistent with 
definitions used throughout the chapter. 
No comments were received regarding adoption of the amendment. 
The amended section is adopted under Texas Education Code (TEC), Chapter 21, 
Subchapter B, sec.21.041(b) (2), (4) and (6) which require the State Board for 
Educator Certification to specify the classes of certificates offered, the 
requirements for the issuance of an educator certificate, and to provide for 
special or restricted certification of educators. 
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 April 7, 1997.
TRD-9704624
Mark Littleton
Executive Director
State Board for Educator Certification
Effective date: April 28, 1997
Proposal publication date: February 7, 1997
For further information, please call: (512) 469-3004

SUBCHAPTER Q.Permits
19 TAC sec.230.501, sec.230.504
The State Board for Educator Certification (SBEC) adopts amendments to 
sec.230.501, concerning general provisions and sec.230.504, concerning specific 
requirements for initial emergency permits without changes to the proposed text 
as published in the February 7, 1997, issue of the Texas Register (22 TexReg 
1380). 
These rules are being amended to provide a consistent reference to "creditable" 
experience. 
These rules as amended clarify confusing terminology to be consistent with 
definitions used throughout the chapter. 
No comments were received regarding adoption of the amendments. 
The amended sections are adopted under Texas Education Code (TEC), Chapter 21, 
Subchapter B, sec.21.041(b)(2) which requires the State Board for Educator 
Certification to rules that specify the classes of certificates offered.
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 April 7, 1997.
TRD-9704613
Mark Littleton
Executive Director
State Board for Educator Certification
Effective date: April 28, 1997
Proposal publication date: February 7, 1997
For further information, please call: (512) 469-3004

SUBCHAPTER S.Paraprofessional Certification
19 TAC sec.230.554, sec.230.555, sec.230.557, sec.230.558
The State Board for Educator Certification (SBEC) adopts amendments to 
sec.230.554, concerning education requirements for Educational Aide II; 
sec.230.555, concerning certification requirements for Educational Aide III; 
sec.230.557, concerning certification requirements for Educational Secretary II; 
and sec.230.558, concerning certification requirements for Educational Secretary 
III, without changes to the proposed text as published in the February 7, 1997, 
issue of the Texas Register (22 TexReg 1382). 
These rules are being amended to provide a consistent reference to "creditable" 
experience. 
These rules as amended clarify confusing terminology to be consistent with 
definitions used throughout the chapter.
No comments were received regarding adoption of the amendments. 
The amended sections are adopted under Texas Education Code (TEC), Chapter 21, 
Subchapter B, sec.21.041 
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 April 7, 1997.
TRD-9704610
Mark Littleton
Executive Director
State Board for Educator Certification
Effective date: April 28, 1997
Proposal publication date: February 7, 1997
For further information, please call: (512) 469-3004

SUBCHAPTER U.Assignment of Public School Personnel
19 TAC sec.230.601
The State Board for Educator Certification adopts an amendment to sec.230.601(f) 
concerning assignment of public school personnel in Figure: 19 TAC 
sec.230.601(f) Part III, without changes to the proposed text as published in 
the February 7, 1997, issue of the Texas Register (22 TexReg 1383). 
This rule is being amended to transfer to the appropriate state licensing agency 
the licensure of professionals working in the Texas public school system. 
This rule as amended transfers to the appropriate state licensing agency the 
licensure of professionals working in the Texas public school system. No 
comments were received regarding adoption of the amendment. 
The amended section is adopted under Texas Education Code (TEC), Chapter 21, 
Subchapter B, sec.21.041(b)(2) which requires the State Board for Educator 
Certification to specify the classes of certificates offered. 
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 April 7, 1997.
TRD-9704611
Mark Littleton
Executive Director
State Board for Educator Certification
Effective date: April 28, 1997
Proposal publication date: February 7, 1997
For further information, please call: (512) 469-3004

SUBCHAPTER Y.Definitions
19 TAC sec.230.801
The State Board for Educator Certification adopts new sec.230.801 concerning 
definitions, without changes to the proposed text as published in the February 
7, 1997, issue of the Texas Register (22 TexReg 1383). 
This new rule is to ensure consistent interpretation of terms frequently used 
throughout Chapter 230. 
This new rule provides definitions of terms frequently used throughout Chapter 
230.
No comments were received regarding adoption of the new rule. 
The new section is adopted under Texas Education Code (TEC), Chapter 21, 
Subchapter B, sec.21.041(b)(1) which requires the State Board for Educator 
Certification to provide for regulation of educators and the general 
administration of this subchapter in a manner consistent with this subchapter.
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 April 7, 1997.
TRD-9704612
Mark Littleton
Executive Director
State Board for Educator Certification
Effective date: April 28, 1997
Proposal publication date: February 7, 1997
For further information, please call: (512) 469-3004

CHAPTER 240.American Sign Language Certificate
19 TAC sec.240.1
The State Board for Educator Certification (SBEC) adopts new sec.240.1, 
concerning American Sign Language Certification with changes to the proposed 
text as published in the February 28, 1997, issue of the Texas Register (22 
TexReg 2325). The change is nonsubstative and is being made to subsection (c)(1) 
to conform with Texas Register format structure.
This new rule is to provide requirements for the American Sign Language 
Certificate. 
This rule provides requirements for the American Sign Language Certificate. No 
comments were received regarding adoption of the new rule. 
The new section is adopted under Texas Education Code (TEC), Chapter 21, 
Subchapter B, sec.21.041(b)(6) which requires the State Board for Educator 
Certification to provide for special or restricted certification of educators, 
including certification of instructors of American Sign Language.

sec.240.1.American Sign Language Certificate.
(a) The American Sign Language certificate shall be based upon completion of a 
teacher education program as described in sec.230.191 of this title (relating to 
Preparation Required in All Programs). 
(b) Program requirements for the American Sign Language certificate shall 
consist of the development and assessment of proficiency of the following 
competencies in teacher candidates: 
(1) Professional Development and Knowledge: The teacher demonstrates knowledge 
of learners (e.g., human development and learning processes), techniques for 
enhancing student achievement (e.g., planning, instructional strategies, 
assessment, communication methods), and the teaching environment. 
(2) General Language Acquisition: The teacher demonstrates knowledge of general 
language acquisition and communications process theory, and knowledge of 
historical and current research on American Sign Language and signed/visual 
languages across language groups. 
(3) Second Language Acquisition: The teacher demonstrates knowledge of language 
as a vehicle of culture, and knowledge of theories of second language learning. 
(4) Teaching American Sign Language: The teacher demonstrates knowledge of 
effective methodologies for teaching particular aspects of American Sign 
Language, and knowledge of the history of American Sign Language and its 
evolution to modern usage. 
(5) Linguistics of American Sign Language: The teacher demonstrates knowledge of 
grammatical features unique to American Sign Language and other visual 
languages, and knowledge of comparative and contrastive attributes of American 
Sign Language and English. 
(6) Sociology/Cultural Anthropology: The teacher demonstrates knowledge of 
sociological theories, especially as related to the American Deaf culture and 
community, and can compare and contrast cultures. 
(7) Aspects of the American Deaf Culture: The teacher demonstrates knowledge of 
the evolution of the American and International Deaf cultures, and knowledge of 
the social, political, educational, and audiological aspects of American Deaf 
culture, including cultural folklore as evidenced through humor, storytelling, 
art, poetry, and theater. The teacher demonstrates knowledge of federal and 
state legislation regarding the education and civil rights of individuals who 
are deaf. 
(8) Communicating in American Sign Language: The teacher demonstrates the 
ability to communicate in American Sign Language at an appropriate level of 
proficiency, including using appropriate speed and enunciation and adherence to 
pronunciation parameters. 
(c) Effective dates. Effective with the 1998-99 school year, individuals must 
hold an American Sign Language certificate to teach American Sign Language I, 
II, and III courses. Until that time, current rules for assignment of American 
Sign Language teachers apply. 
(d) Assessment requirements. 
(1) Teacher candidates for the American Sign Language certificate must have 
acceptable scores on appropriate state-adopted examinations of professional 
education and content knowledge. 
(2) Individuals already certified in Texas who seek American Sign Language 
certification prior to September 1, 1999, must pass the Texas Assessment of Sign 
Communication--American Sign Language (TASC-ASL). Individuals assigned to teach 
American Sign Language in the 1996-97 school year or earlier must pass the TASC-
ASL by the 1998-99 school year to become certified in American Sign Language and 
remain in the assignment. 
(3) Individuals who are not certified who seek American Sign Language 
certification prior to September 1, 1999, must complete an approved program and 
have acceptable scores on the appropriate state-adopted examination of 
professional education and on the TASC-ASL. 
(4) Individuals who are not already certified in Texas who seek American Sign 
Language certification on September 1, 1999, or later, must complete an approved 
program (unless certified out of state) and have acceptable scores on the 
appropriate state-adopted examination of professional education, the American 
Sign Language Examination for the Certification of Educators in Texas, and on 
the TASC-ASL. 
(5) Individuals already certified in Texas who seek American Sign Language 
certification on September 1, 1999, or later, must have acceptable scores on the 
American Sign Language Examination for the Certification of Educators in Texas 
and on the TASC-ASL.
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 April 7, 1997.
TRD-9704625
Mark Littleton
Executive Director
State Board for Educator Certification
Effective date: April 29, 1997
Proposal publication date: February 7, 1997
For further information, please call: (512) 469-3004

TITLE 22. EXAMINING BOARDS
PART XVI. Texas Board of Physical Therapy Examiners
CHAPTER 321.Definitions
22 TAC sec.321.1
The Texas Board of Physical Therapy Examiners adopts an amendment to sec.321.1, 
concerning Definitions, with changes to the proposed text as published in the 
February 14, 1997, issue of the Texas Register (22 TexReg 1705). 
This section is being amended to clarify the procedure by which a physical 
therapist supervises physical therapy aides. The section defines the term 
"Foreign Trained Applicant." The board did not adopt the posted change that 
would have allowed the physical therapist or physical therapist assistant to 
interact with patients once per treatment day. 
Public comments in support of allowing daily interaction were received from: The 
Texas Hospital Association, Baylor Health Care System, Columbia Medical Centers-
north Texas region, Texas Physical Therapy Association. Written comment in 
support of was received from: Baylor Physical Medicine, Presbyterian 
Hospital/Dallas, M.C.H. Physical Therapy, Nacogdoches Memorial Hospital, Harris 
Methodist Hospital, and Parkland Health & Hospital System. 
No comments were received that opposed proposed changes that were adopted to 
this amendment.
The amendment is adopted under the Physical Therapy Practice Act, Texas Civil 
Statutes, Article 4512e, which provides the Texas Board of Physical Therapy 
Examiners with the authority to adopt rules consistent with this Act to carry 
out its duties in administering this Act. 

sec.321.1.Definitions.
The following words, terms, and phrases, when used in the rules of the Texas 
Board of Physical Therapy Examiners, shall have the following meanings, unless 
the context clearly indicates otherwise.
Accredited curriculum in physical therapy education-A body of courses in a 
physical therapy program at a school, college, or university which has satisfied 
the accreditation standards of the Commission on Accreditation for Physical 
Therapy Education.
Foreign-Trained Applicant-Any applicant whose education is from a country 
outside the United States, the District of Columbia, or Territories of the 
United States.
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 April 7, 1997.
TRD-9704638
John P. Maline
Executive Director
Texas Board of Physical Therapy Examiners
Effective date: April 28, 1997
Proposal publication date: February 14, 1997
For further information, please call: (512) 305-6900

CHAPTER 329.Licensing Procedure
22 TAC sec.329.1
The Texas Board of Physical Therapy Examiners adopts an amendment to sec.329.1, 
concerning Licensing Procedures without changes to the proposed text as 
published in the February 14, 1997, issue of the Texas Register (22 TexReg 
1705). 
This section is being amended to explain the procedures to receive a license to 
practice physical therapy in Texas. 
No comments were received regarding adoption of the amendment. 
The amendment is adopted under the Physical Therapy Practice Act, Texas Civil 
Statutes, Article 4512e, which provides the Texas Board of Physical Therapy 
Examiners with the authority to adopt rules consistent with this Act to carry 
out its duties in administering this Act.
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on April 7, 1997.
TRD-9704636
John P. Maline
Executive Director
Texas Board of Physical Therapy Examiners
Effective date: April 28, 1997
Proposal publication date: February 14, 1997
For further information, please call: (512) 305-6900

22 TAC sec.329.3
The Texas Board of Physical Therapy Examiners adopts an amendment to sec.329.3, 
concerning Temporary License for Examination Candidates without changes to the 
proposed text as published in the February 14, 1997, issue of the Texas Register 
(22 TexReg 1706). 
This section is being amended to explain the requirements to receive a temporary 
license to practice physical therapy in Texas. 
No comments were received regarding adoption of the amendment. 
The amendment is adopted under the Physical Therapy Practice Act, Texas Civil 
Statutes, Article 4512e, which provides the Texas Board of Physical Therapy 
Examiners with the authority to adopt rules consistent with this Act to carry 
out its duties in administering this Act.
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on April 7, 1997.
TRD-9704637
John P. Maline
Executive Director
Texas Board of Physical Therapy Examiners
Effective date: April 28, 1997
Proposal publication date: February 14, 1997
For further information, please call: (512) 305-6900

22 TAC sec.329.5
The Texas Board of Physical Therapy Examiners adopts an amendment to sec.329.5, 
concerning License Procedure for Foreign-Trained Applicants without changes to 
the proposed text as published in the February 14, 1997, issue of the Texas 
Register (22 TexReg 1706). This section is being amended to explain the 
requirements to receive a license to practice physical therapy in Texas. 
No comments were received regarding adoption of the amendment. 
The amendment is adopted under the Physical Therapy Practice Act, Texas Civil 
Statutes, Article 4512e, which provides the Texas Board of Physical Therapy 
Examiners with the authority to adopt rules consistent with this Act to carry 
out its duties in administering this Act.
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on April 7, 1997.
TRD-9704635
John P. Maline
Executive Director
Texas Board of Physical Therapy Examiners
Effective date: April 28, 1997
Proposal publication date: February 14, 1997
For further information, please call: (512) 305-6900

CHAPTER 346.Practice Settings for Physical Therapy
22 TAC sec.346.1
The Texas Board of Physical Therapy Examiners adopts an amendment to sec.346.1, 
concerning Educational Settings without changes to the proposed text as 
published in the February 14, 1997, issue of the Texas Register (22 TexReg 
1707). 
This section is being amended to explain the role of a physical therapist in the 
educational setting. 
No comments were received regarding adoption of the amendment. 
The amendment is adopted under the Physical Therapy Practice Act, Texas Civil 
Statutes, Article 4512e, which provides the Texas Board of Physical Therapy 
Examiners with the authority to adopt rules consistent with this Act to carry 
out its duties in administering this Act.
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on April 7, 1997.
TRD-9704634
John P. Maline
Executive Director
Texas Board of Physical Therapy Examiners
Effective date: April 28, 1997
Proposal publication date: February 14, 1997
For further information, please call: (512) 305-6900

CHAPTER 347.Registration of Physical Therapy Facilities
22 TAC sec.347.5
The Texas Board of Physical Therapy Examiners adopts an amendment to sec.347.5, 
concerning Registration of Physical Therapy Facilities without changes to the 
proposed text as published in the February 14, 1997, issue of the Texas Register 
(22 TexReg 1707). 
This section is being amended to explain when a facility is required to register 
with the board. 
No comments were received regarding adoption of the amendment. 
The amendment is adopted under the Physical Therapy Practice Act, Texas Civil 
Statutes, Article 4512e, which provides the Texas Board of Physical Therapy 
Examiners with the authority to adopt rules consistent with this Act to carry 
out its duties in administering this Act.
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on April 7, 1997.
TRD-9704633
John P. Maline
Executive Director
Texas Board of Physical Therapy Examiners
Effective date: April 28, 1997
Proposal publication date: February 14, 1997
For further information, please call: (512) 305-6900

TITLE 40. SOCIAL SERVICES AND ASSISTANCE
PART I. Texas Department of Human Services
CHAPTER 12. Special Nutrition Programs
Child and Adult Care Food Program
40 TAC sec.sec.12.3, 12.5, 12.8, 12.9, 12.11, 12.14, 12.15, 12.21, 12.23-12.25
The Texas Department of Human Services (DHS) adopts amendments to sec.sec.12.3, 
12.5, 12.8, 12.9, 12.11, 12.14, 12.15, 12.21, and 12.23-12.25, concerning 
eligibility of contractors and facilities, application for program benefits - 
contractors, financial management, reporting and record retention, participant 
eligibility for free and reduced-price meals, meal requirements, reimbursement 
methodology, rights and responsibilities - day home provider, overpayments, 
sanctions and penalties, and denials and terminations, in its Special Nutrition 
Programs chapter. 
The justification for the amendments is to incorporate changes to the Child and 
Adult Care Food Program (CACFP) mandated by the Personal Responsibility and Work 
Opportunity Reconciliation Act of 1996 (Welfare Reform). The rules establish a 
two-tiered reimbursement rate structure for day care homes which targets higher 
reimbursement rates to low-income providers and children and to providers who 
are located in low-income areas. In addition, the Act prohibits contractors from 
compensating staff based on the number of day care homes they recruit. 
The amendments will function by better targeting federal funds to the low-income 
children the CACFP is primarily intended to serve. 
The amendments are adopted under the Human Resources Code, Title 2, Chapters 22 
and 33, which provides the department with the authority to administer public 
and nutritional assistance programs. The amendments are adopted in compliance 
with federal requirements effective April 21, 1997. The amendments implement 
sec.sec.22.001-22.030 and 33.001-33.024 of the Human Resources Code.

sec.12.3. Eligibility of Contractors and Facilities. 
(a) To be eligible to participate in the Child and Adult Care Food Program 
(CACFP), contractors and facilities must meet the definitions in, and perform in 
accordance with, 7 Code of Federal Regulations sec.226.2, the appropriate 
requirements of 7 Code of Federal Regulations sec.sec.226.6, 226.15-226.19(a), 
226.23, and this chapter. 
(b)-(k) (No change.)

sec.12.5. Application for Program Benefits - Contractors.
(a) To participate in the Child Care Food Program, contractors must submit 
applications to the Texas Department of Human Services (DHS). The contractor 
must submit an amended application to DHS when changes occur.DHS approves or 
denies application for participation according to 7 Code of Federal Regulations 
sec.sec.226.6, 226.15- 226.18, 226.23, and this chapter. 
(b)-(e) (No change.) 

sec.12.8. Financial Management.
(a) Contractors must implement the financial management system established by 
the Texas Department of Human Services (DHS) according to 7 Code of Federal 
Regulations sec.sec.226.6, 226.7, 226.11, and 226.13 and maintain records 
supporting the financial management system according to sec.12.9 of this title 
(relating to Reporting and Record Retention).
(b)-(c) (No change.) 
(d) Sponsoring organizations of family day care homes are prohibited from paying 
or otherwise compensating any individual, employee, contractor, or day care home 
provider, based on the number of homes recruited, or changes in program 
participation as measured by an increase or decrease in meals, children, or 
providers. The above prohibited cash and noncash compensation includes, but is 
not limited to salaries, hourly wages, payments for a specific work function 
(piece work), incentive payments, bonuses, and paid leave charged as a cost to 
the Child and Adult Care Food Program. 

sec.12.9. Reporting and Record Retention. 
(a)-(f) (No change.) 
(g) Unless indicated otherwise in sec.12.10(a)-(b) of this title (relating to 
Procurement Standards), contractors must maintain and submit records according 
to 7 Code of Federal Regulations sec.sec.226.6, 226.7, 226.10, 226.11, 226.13, 
226.15-226.20, 226.22- 226.23. 
(h) Contractors that sponsor day care home providers must submit a uniform set 
of management information each month. The information must be submitted in 
fixed-length, ASCII-text (Standard Data File) format. DHS may require all or 
selected items of the information listed in paragraphs (1)-(4) of this 
subsection: 
(1) individual provider information, including: 
(A)-(G) (No change.) 
(H) operation of shifts; 
(I) (No change.) 
(J) number of income-eligible children; 
(K) provider's tier determination; 
(L) basis for provider's tier I determination, geographic or income; and 
(M) effective dates of provider's tier determination; 
(2) provider payment information, including: 
(A)-(G) (No change.) 
(H) number of meals, by type of meal and reimbursement category (tier I or tier 
II), claimed for each child for the claim month; 
(I) number of meals, by type of meal and reimbursement category (tier I or tier 
II), disallowed for each child for the claim month; 
(J) (No change.) 
(K) dollar amount for disallowed meals, by type of meal, for the claim month; 
(L) (No change.) 
(M) number of tier I and tier II children enrolled, used to determine claiming 
percentages or blended rates; 
(N) number of tier I and tier II children in attendance, used to determine 
claiming percentages or blended rates; 
(O) beginning and ending dates for claiming percentages or blended rate 
calculations; 
(P) total number of days food service was provided in tier I, tier II, and tier 
II mix homes; and 
(3)-(4) (No change.) 

sec.12.11. Participant Eligibility for Free and Reduced-price Meals.
(a) Contractors must determine eligibility of program participants for free and 
reduced-price meals according to 7 Code of Federal Regulations sec.sec.226.2, 
226.6, 226.13, 226.15, 226.17-19a, 226.23, and 245.6a.
(b) The Texas Department of Human Services and contractors must verify 
eligibility of program participants for free and reduced-price meals according 
to 7 Code of Federal Regulations sec.sec.226.2, 226.6, 226.13, 226.15, 226.23, 
and 245.6a. 
(c) (No change.) 

sec.12.14. Meal Requirements. 
(a) Contractors must ensure that all program meals served and claimed for 
reimbursement fulfill the requirements of 7 Code of Federal Regulations 
sec.sec.226.2, 226.6, 226.13, 226.15-226.20, and 226, Appendix A, Alternate 
Foods for Meals. 
(b)-(c) (No change.) 

sec.12.15. Reimbursement Methodology.
(a) The Texas Department of Human Services (DHS) reimburses contractors and 
contractors reimburse facilities according to 7 Code of Federal Regulations 
sec.sec.226.2, 226.4, 226.6, 226.7, and 226.9-19a, 226.23, and Code 7 of Federal 
Regulations Part 3015. To assign rates of reimbursement for contractors, DHS 
uses the option in 7 Code of Federal Regulations sec.226.9(b)(3). DHS reimburses 
contractors according to the options in 7 Code of Federal Regulations 
sec.226.9(c)(1). DHS does not use the option described in 7 Code of Federal 
Regulations sec.226.9(d). DHS computes reimbursement for approved child care 
centers, outside-school-hours-care centers, adult day care centers, and family 
day care homes, according to the option in 7 Code of Federal Regulations 
sec.226.11(c)(3) and 226.13. 
(b)-(f) (No change.) 

sec.12.21. Rights and Responsibilities - Day Home Provider. 
In addition to the provisions of 7 Code of Federal Regulations sec.sec.226.13 
and 226.18, contractors who sponsor day homes must not allow any officer, agent, 
consultant, contractor or any other employee to: 
(1)-(3) (No change.) 

sec.12.23. Overpayments.
(a) The Texas Department of Human Services (DHS) handles overpayment of claims 
for reimbursement, advance payments, and start-up payments according to 7 Code 
of Federal Regulations sec.sec.226.6-226.8, 226.10, 226.12-226.14, and 
sec.69.303 of this title (relating to Recoupment of Improper Payments).
(b)-(c) (No change.) 

sec.12.24. Sanctions and Penalties. 
(a) The Texas Department of Human Services (DHS) investigates and resolves 
program deficiencies, program irregularities, or evidence of violations of 
criminal law or civil fraud statutes according to 7 Code of Federal Regulations 
sec.sec.226.6, 226.8, 226.10, and 226.14. 
(b)-(m) (No change.) 

sec.12.25. Denials and Terminations.
(a) The Texas Department of Human Services (DHS) denies applications for 
participation and terminates agreements between DHS and contractors for failure 
to meet basic eligibility requirements, and according to 7 Code of Federal 
Regulations sec.sec.226.6, 226.14-226.16, 226.18, 226.23, 226.25, and 7 Code of 
Federal Regulations Part 3015. 
(b)-(k) (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 April 8, 1997.
TRD-9704722
Glenn Scott
General Counsel, Legal Services
Texas Department of Human Services
Effective date: April 21, 1997
Proposal publication date: N/A
For further information, please call: (512) 438-3765

CHAPTER 47. Primary Home Care
The Texas Department of Human Services (DHS) adopts the repeal of 
sec.sec.47.3901-47.3905, 47.4901, 47.4903, 47.4904, 47.6901, and 47.6902; adopts 
an amendment to sec.47.3906; and adopts new sec.47.6902, without changes to the 
proposed text as published in the November 26, 1996, issue of the Texas Register 
(21 TexReg 11450). The justification for the repeals, amendment, and new section 
is to delete community care rules that are applicable to more than one Community 
Care for Aged and Disabled (CCAD) program and move them into a new Chapter 49, 
Contracting for Community Care Services, which DHS is adopting in this issue of 
the Texas Register. 
The sections will function by providing a greater consistency of the rules 
governing contracts for Community Care services. 
No comments were received regarding adoption of the sections. 

Claims Payment
40 TAC sec.sec.47.3901-47.3905
The repeals are adopted under the Human Resources Code, Title 2, Chapters 22 and 
32, which provides the department with the authority to administer public and 
medical assistance programs and under Texas Government Code sec.531.021, which 
provides the Health and Human Services Commission with the authority to 
administer federal medical assistance funds. 
The repeals implement sec.sec.22.001-22.030 and 32.001-32.041 of the Human 
Resources Code. 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on April 8, 1997.
TRD-9704739
Glenn Scott
General Counsel, Legal Services
Texas Department of Human Services
Effective date: May 1, 1997
Proposal publication date: November 26, 1996
For further information, please call: (512) 438-3765

40 TAC sec.47.3906
The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 
and 32, which provides the department with the authority to administer public 
and medical assistance programs and under Texas Government Code sec.531.021, 
which provides the Health and Human Services Commission with the authority to 
administer federal medical assistance funds. 
The amendment implements sec.sec.22.001-22.030 and 32.001-32.041 of the Human 
Resources Code. 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on April 8, 1997.
TRD-9704738
Glenn Scott
General Counsel, Legal Services
Texas Department of Human Services
Effective date: May 1, 1997
Proposal publication date: November 26, 1996
For further information, please call: (512) 438-3765

Provider Contracts
40 TAC sec.sec.47.4901, 47.903, 47.4904
The repeals are adopted under the Human Resources Code, Title 2, Chapters 22 and 
32, which provides the department with the authority to administer public and 
medical assistance programs and under Texas Government Code sec.531.021, which 
provides the Health and Human Services Commission with the authority to 
administer federal medical assistance funds. 
The repeals implement sec.sec.22.001-22.030 and 32.001-32.041 of the Human 
Resources Code.
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on April 8, 1997.
TRD-9704737
Glenn Scott
General Counsel, Legal Services
Texas Department of Human Services
Effective date: May 1, 1997
Proposal publication date: November 26, 1996
For further information, please call: (512) 438-3765

Sanctions
40 TAC sec.47.6901, sec.47.6902
The repeals are adopted under the Human Resources Code, Title 2, Chapters 22 and 
32, which provides the department with the authority to administer public and 
medical assistance programs and under Texas Government Code sec.531.021, which 
provides the Health and Human Services Commission with the authority to 
administer federal medical assistance funds. 
The repeals implement sec.sec.22.001-22.030 and 32.001-32.041 of the Human 
Resources Code. 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on April 8, 1997.
TRD-9704735
Glenn Scott
General Counsel, Legal Services
Texas Department of Human Services
Effective date: May 1, 1997
Proposal publication date: November 26, 1996
For further information, please call: (512) 438-3765

40 TAC sec.47.6902
The new section is adopted under the Human Resources Code, Title 2, Chapters 22 
and 32, which provides the department with the authority to administer public 
and medical assistance programs and under Texas Government Code sec.531.021, 
which provides the Health and Human Services Commission with the authority to 
administer federal medical assistance funds. 
The new section implements sec.sec.22.001-22.030 and 32.001-32.041 of the Human 
Resources Code. 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on April 8, 1997.
TRD-9704734
Glenn Scott
General Counsel, Legal Services
Texas Department of Human Services
Effective date: May 1, 1997
Proposal publication date: November 26, 1996
For further information, please call: (512) 438-3765

CHAPTER 48. Community Care for Aged and Disabled
The Texas Department of Human Services (DHS) adopts amendments to 
sec.sec.48.2105, 48.6011, 48.8904, 48.9301, 48.9501, and 48.9510; and adopts the 
repeal of sec.sec.48.2106, 48.2108, 48.2110, 48.2808, 48.2810, 48.5901- 48.5906, 
48.5908, 48.5909, 48.6012, 48.6014, 48.9401, and 48.9410, concerning Community 
Care for Aged And Disabled, without changes to the proposed text as published in 
the November 26, 1996, issue of the Texas Register (21 TexReg 11453). 
The justification for the amendments and repeals is to delete community care 
rules that are applicable to more than one CCAD program and move them into a new 
Chapter 49, Contracting for Community Care Services, which DHS is adopting in 
this issue of the Texas Register The sections will function by providing greater 
consistency of the rules governing contracts for Community Care services. 
No comments were received regarding adoption of the sections. 

Medicaid Waiver Program for Persons with Related Conditions
40 TAC sec.48.2105
The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 
and 32, which provides the department with the authority to administer public 
and medical assistance programs and under Texas Government Code sec.531.021, 
which provides the Health and Human Services Commission with the authority to 
administer federal medical assistance funds. 
The amendment implements sec.sec.22.001-22.030 and 32.001-32.041 of the Human 
Resources Code. 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on April 8, 1997.
TRD-9704784
Glenn Scott
General Counsel, Legal Services
Texas Department of Human Services
Effective date: May 1, 1997
Proposal publication date: November 26, 1996
For further information, please call: (512) 438-3765

40 TAC sec.sec.48.2106, 48.2108, 48.2110
The repeals are adopted under the Human Resources Code, Title 2, Chapters 22 and 
32, which provides the department with the authority to administer public and 
medical assistance programs and under Texas Government Code sec.531.021, which 
provides the Health and Human Services Commission with the authority to 
administer federal medical assistance funds. 
The repeals implement sec.sec.22.001-22.030 and 32.001-32.041 of the Human 
Resources Code. 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on April 8, 1997.
TRD-9704783
Glenn Scott
General Counsel, Legal Services
Texas Department of Human Services
Effective date: May 1, 1997
Proposal publication date: November 26, 1996
For further information, please call: (512) 438-3765

Program for All-Inclusive Care for the Elderly (PACE)
40 TAC sec.48.2808, sec.48.2810
The repeals are adopted under the Human Resources Code, Title 2, Chapters 22 and 
32, which provides the department with the authority to administer public and 
medical assistance programs and under Texas Government Code sec.531.021, which 
provides the Health and Human Services Commission with the authority to 
administer federal medical assistance funds. 
The repeals implement sec.sec.22.001-22.030 and 32.001-32.041 of the Human 
Resources Code. 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on April 8, 1997.
TRD-9704780
Glenn Scott
General Counsel, Legal Services
Texas Department of Human Services
Effective date: May 1, 1997
Proposal publication date: November 26, 1996
For further information, please call: (512) 438-3765

Contracting for CCAD Services
40 TAC sec.sec.48.5901-48.5906, 48.5908, 48.5909
The repeals are adopted under the Human Resources Code, Title 2, Chapters 22 and 
32, which provides the department with the authority to administer public and 
medical assistance programs and under Texas Government Code sec.531.021, which 
provides the Health and Human Services Commission with the authority to 
administer federal medical assistance funds. 
The repeals implement sec.sec.22.001-22.030 and 32.001-32.041 of the Human 
Resources Code. 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on April 8, 1997.
TRD-9704782
Glenn Scott
General Counsel, Legal Services
Texas Department of Human Services
Effective date: May 1, 1997
Proposal publication date: November 26, 1996
For further information, please call: (512) 438-3765

1915(c) Medicaid Home and Community-based Waiver Services for Aged and Disabled 
Adults Who Meet Criteria for Alternatives to Nursing Facility Care 
40 TAC sec.48.6011
The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 
and 32, which provides the department with the authority to administer public 
and medical assistance programs and under Texas Government Code sec.531.021, 
which provides the Health and Human Services Commission with the authority to 
administer federal medical assistance funds. 
The amendment implements sec.sec.22.001-22.030 and 32.001-32.041 of the Human 
Resources Code. 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on April 8, 1997.
TRD-9704746
Glenn Scott
General Counsel, Legal Services
Texas Department of Human Services
Effective date: May 1, 1997
Proposal publication date: November 26, 1996
For further information, please call: (512) 438-3765

40 TAC sec.48.6012, sec.48.6014
The repeals are adopted under the Human Resources Code, Title 2, Chapters 22 and 
32, which provides the department with the authority to administer public and 
medical assistance programs and under Texas Government Code sec.531.021, which 
provides the Health and Human Services Commission with the authority to 
administer federal medical assistance funds. 
The repeals implement sec.sec.22.001-22.030 and 32.001-32.041 of the Human 
Resources Code. 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on April 8, 1997.
TRD-9704747
Glenn Scott
General Counsel, Legal Services
Texas Department of Human Services
Effective date: May 1, 1997
Proposal publication date: November 26, 1996
For further information, please call: (512) 438-3765

Minimum Standards for Adult Foster Care
40 TAC sec.48.8904
The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 
and 32, which provides the department with the authority to administer public 
and medical assistance programs and under Texas Government Code sec.531.021, 
which provides the Health and Human Services Commission with the authority to 
administer federal medical assistance funds. 
The amendment implements sec.sec.22.001-22.030 and 32.001-32.041 of the Human 
Resources Code. 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on April 8, 1997.
TRD-9704748
Glenn Scott
General Counsel, Legal Services
Texas Department of Human Services
Effective date: May 1, 1997
Proposal publication date: November 26, 1996
For further information, please call: (512) 438-3765

Minimum Standards for Agencies Contracted to Provide Special Services to Persons 
with Disabilities
40 TAC sec.48.9301
The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 
and 32, which provides the department with the authority to administer public 
and medical assistance programs and under Texas Government Code sec.531.021, 
which provides the Health and Human Services Commission with the authority to 
administer federal medical assistance funds. 
The amendment implements sec.sec.22.001-22.030 and 32.001-32.041 of the Human 
Resources Code. 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on April 8, 1997.
TRD-9704749
Glenn Scott
General Counsel, Legal Services
Texas Department of Human Services
Effective date: May 1, 1997
Proposal publication date: November 26, 1996
For further information, please call: (512) 438-3765

Congregate Meals
40 TAC sec.48.9401, sec.48.9410
The repeals are adopted under the Human Resources Code, Title 2, Chapters 22 and 
32, which provides the department with the authority to administer public and 
medical assistance programs and under Texas Government Code sec.531.021, which 
provides the Health and Human Services Commission with the authority to 
administer federal medical assistance funds. 
The repeals implement sec.sec.22.001-22.030 and 32.001-32.041 of the Human 
Resources Code. 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on April 8, 1997.
TRD-9704751
Glenn Scott
General Counsel, Legal Services
Texas Department of Human Services
Effective date: May 1, 1997
Proposal publication date: November 26, 1996
For further information, please call: (512) 438-3765

Home-Delivered Meals
40 TAC sec.48.9501, sec.48.9510
The amendments are adopted under the Human Resources Code, Title 2, Chapters 22 
and 32, which provides the department with the authority to administer public 
and medical assistance programs and under Texas Government Code sec.531.021, 
which provides the Health and Human Services Commission with the authority to 
administer federal medical assistance funds. 
The amendments implement sec.sec.22.001-22.030 and 32.001-32.041 of the Human 
Resources Code.
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on April 8, 1997.
TRD-9704750
Glenn Scott
General Counsel, Legal Services
Texas Department of Human Services
Effective date: May 1, 1997
Proposal publication date: November 26, 1996
For further information, please call: (512) 438-3765

CHAPTER 49. Contracting for Community Care Services
40 TAC sec.sec.49.1, 49.3, 49.5, 49.7, 49.9, 49.11, 49.13, 49.15, 49.17, 49.19, 
49.21, 49.23, 49.25
The Texas Department of Human Services (DHS) adopts new Chapter 49, 
sec.sec.49.1, 49.3, 49.9, 49.17, 49.19, 49.21, and 49.25, concerning Contracting 
for Community Care Services, with changes to the proposed text as published in 
the November 26, 1996, issue of the Texas Register (21 TexReg 11459). New 
sec.sec.49.5, 49.7, 49.11, 49.13, 49.15, and 49.23 are adopted without changes 
to the proposed text and will not be republished. 
The justification for the proposal is to publish in one chapter all the 
requirements that are applicable to more than one community care program.
Also in this issue of the Texas Register, DHS is deleting related rules in 
Chapter 47, Primary Home Care, Chapter 48, Community Care for Aged and Disabled, 
Chapter 50, Day Activity and Health Services, and Chapter 52, Emergency Response 
Services. 
The new sections will function by providing greater consistency of the rules 
governing contracts for Community Care services. 
During the comment period, DHS received comments from EduCare. The comments were 
positive, however, several questions were asked. A summary of the comments and 
DHS's responses follow: 
Comment concerning sec.49.1(b)(1): The commenter requested a definition of 
validated and asked if the focus should be on whether a provider took 
appropriate preventive action and responded appropriately, rather than if a 
report was validated. 
Response: DHS provides for that intent in the procedures. The current wording 
"is not required to enter into or maintain a contract" allows DHS to determine 
if the agency's response was appropriate before an action is taken. A validated 
report means whether the infraction is investigated and confirmed by an 
appropriate investigative authority. 
Comment concerning sec.49.3(a)(1): The commenter requested a time frame by when 
the training must be offered. 
Response: The time frame will be included in service specific provider manuals 
as these rules are implemented. No change to the rule is required.
Comment concerning sec.49.3(c)(3): The commenter questioned whether this 
requirement means that a provider must have prior approval from DHS each and 
every time the provider enters into a subcontract for direct services.
Response: Specific services will include procedures for approving generic
subcontracting agreement(s). 
Comment concerning sec.49.15(d): The commenter asked if this section sets up a 
financial fine for a repeated deficiency. 
Response: A financial exception may be assessed for administrative errors if a 
provider agency fails to take action on their corrective action plans.
Comment concerning sec.49.19(b)(4): The commenter asked how validated is defined 
and requested that the focus be on whether a provider took appropriate action 
and not on whether a report was validated. 
Comment: DHS agrees with the comment and provides for that focus in the 
procedures. The wording in sec.49.19(b)(4) is changed to "may" instead of "will" 
initiate contract termination. 
Comment concerning sec.49.21: The commenter asked that if a provider had one 
contract involuntarily terminated, were all other contracts invalid for six 
months? 
Response: This rule is clarified to reflect that DHS will not recontract with 
the provider in the same DHS region. This change is consistent with 
sec.49.25(o)(2)(D). 
Comment concerning sec.49.25(b), (c), and (i)(2): The commenter had several 
questions regarding monitoring requirements, such as what are minimum compliance 
levels, where are they defined, and how will the requirements in sec.49.25 be 
applied? The commenter further stated the sample size should be on a sliding 
scale based on the size of the program. 
Response: Minimum compliance levels are established parameters that an agency 
must achieve when monitored. DHS will review client/agency records to determine 
the agency's percentage (compliance level) for the cases read. The minimum 
program compliance levels are found in sec.49.25(c), which state that the 
provider agency must attain a minimum compliance level of 90% or above, unless 
otherwise specified in program requirements. DHS will select a statistically 
valid random sample. The sample size has a confidence level of 85% plus or minus 
5% and for purposes of sample size determination, is assumed to have a 
compliance rate of 90% (sec.49.25(i)(1)). The sample size is based on the number 
of clients served by the provider except for those agencies having a small 
number of clients and for whom a sample would not meet statistically valid 
sampling criteria. 
In addition to changes resulting from comments, DHS has initiated several 
changes to the text for clarification. In sec.49.(b)(1), DHS has added the word 
"and" and in sec.49.(b)(2), DHS has deleted the word "and" and added the word 
"or." In sec.49.3(a)(1), DHS has added the words "and must." In sec.49.3(a)(2), 
DHS has added the words "if an orientation/training has been received 
previously." In sec.49.9, DHS has added the term "facility-initiated referral in 
subsection (c)(2) and (3). In sec.49.9(d)(4), DHS has changed the words "monthly 
claims" to "reimbursement." In sec.49.17, DHS has added a new paragraph (4) 
which states, "Upon contract termination, DHS may choose to perform a fiscal 
monitoring review." In sec.49.19(b)(3), DHS has added the words "DHS places" and 
deleted the words "may be placed." In sec.49.19(b)(4)(H), DHS has added another 
reason for DHS to initiate contract termination. In sec.49.19(d), sec.49.25(a), 
and sec.49.25(h), DHS has added the word "calendar." In sec.49.25(g), DHS has 
changed the word "one" to "two." In sec.49.25(k), DHS has deleted the words 
"service control." In sec.49.25(k)(1), DHS has deleted the word "calendar" and 
added the word "work." In sec.49.25(k)(1)-(2), DHS has changed the word "score" 
to "findings" in several places. In sec.49.25(m), DHS has changed the word 
"days" to "work days." In sec.49.25(n)(2) and (o)(2), DHS has changed the words 
"minimum compliance" to "acceptable performance." In sec.49.25(p), DHS has added 
the word "calendar." 
The new sections are adopted under the Human Resources Code, Title 2, Chapters 
22 and 32, which provides the department with the authority to administer public 
and medical assistance programs and under Texas Government Code sec.531.021, 
which provides the Health and Human Services Commission with the authority to 
administer federal medical assistance funds. 
The new sections implement sec.sec.22.001-22.030 and 32.001-32.041 of the Human 
Resources Code. 

sec.49.1 General Requirements for Participation.
(a) To contract with the Texas Department of Human Services (DHS) to provide 
services which require a license, the provider agency must have and maintain the 
appropriate license(s). A copy of the appropriate license(s), surveys, and/or 
certifications must be forwarded to the appropriate DHS staff within ten days 
from receipt. 
(b) DHS is not required to enter into or maintain a contract with a legal entity 
when: 
(1) there is a validated report of abuse, neglect, or exploitation; and 
(2) the perpetrator is an employee, volunteer, or owner who has or will have 
access to clients served through this contract; or 
(3) the legal entity is found to have knowingly and willfully solicited clients 
from another provider agency. 
(c) A provider agency that is either a private for profit or nonprofit 
corporation must be chartered by or authorized by the secretary of state to 
transact business within the state of Texas. 
(d) DHS reserves the right to deny a contract if it is not in the best interest 
of DHS. 

sec.49.3. General Contractual Requirements.
(a) A provider agency is: 
(1) entitled to and must receive one service-specific orientation/training; and 
(2) not eligible to receive referrals from the Texas Department of Human 
Services (DHS) until the applicable service-specific orientation/training is 
received or declined if an orientation/training has been received previously.
(b) A provider agency must: 
(1) comply with applicable federal and state regulations, the Title XIX of the 
Social Security Act and/or Title XX of the Social Security Act state plans, 
applicable statutes, information letters, the plan of operation (if applicable), 
and DHS's procurement requirements; 
(2) have a minimum of two months operating funds to provide services; 
(3) have adequate staff to provide services upon receipt of the program-specific 
training; 
(4) communicate problem areas between DHS and the provider agency, in writing, 
to appropriate DHS staff; 
(5) notify the appropriate DHS staff in writing within five calendar days of 
changes in the: 
(A) director or administrator; 
(B) location of the agency's office(s); 
(C) agency's operation; 
(D) telephone number or address; or 
(E) comptroller's vendor ID number; 
(6) report suspected violations to the appropriate investigative authority, such 
as regulatory violations to DHS, licensure issues to the Texas Department of 
Health, or abuse, neglect and exploitation cases to the Texas Department of 
Protective and Regulatory Services; and
(7) comply with the Omnibus Budget Reconciliation Act of 1990, 42 United States 
Code, sec.1396a(w)(1), regarding advanced directives under state plans for 
medical assistance, if Medicaid services are being provided. 
(c) A provider agency must not: 
(1) be excluded from participating in Title XVIII of the Social Security Act 
and/or Title XIX of the Social Security Act programs; 
(2) allow direct services staff, with communicable diseases or open infectious 
wounds, to come into direct contact with clients or with products to be consumed 
or handled by clients; or 
(3) subcontract any direct services to be performed under the contract, unless 
specifically allowed, or assign or transfer the contract or monies to be paid, 
without the written prior approval of DHS. 
(d) The effective date of a contract is the first of the following month after 
the contract is fully processed. DHS may award a contract at an earlier date if 
it is in DHS's best interest.

sec.49.9. Billings and Claims Payment.
(a) A Texas Department of Human Services (DHS) provider agency may not charge or 
take other recourse against participants, their family members, or persons 
acting on the client's behalf for any claim denied or reduced by DHS because of 
the provider agency's failure to comply with any DHS or federal rule, 
regulation, or procedure. 
(b) A provider agency delegating signature authority to office staff or to a 
billing service for claims preparation is responsible for the accuracy of the 
claim submitted for payment. 
(c) A provider agency is entitled to payment if: 
(1) services are authorized on the appropriate DHS form; 
(2) verbally approved forms or facility-initiated referrals, if applicable, are 
submitted to DHS within the required time frame; 
(3) verbal prior approval or facility-initiated referral documentation, when 
applicable, is supportive of verbal approval; 
(4) reimbursement corresponds to the provider agency's service authorizations 
and service delivery record; 
(5) services, when allowed to be ordered by a physician, are allowed under Title 
XVIII and Title XIX of the Social Security Act; 
(6) services are ordered, where allowed, by a physician whose license has not 
been suspended or excluded from participation in either Title XVIII or XIX of 
the Social Security Act; 
(7) physician orders, when required, are available; 
(8) appropriate billing forms are used and approved billing procedures are 
followed; 
(9) services are provided to a client on or before the date services are 
terminated; 
(10) services are provided by an individual whose license or certification has 
not been suspended or excluded from participation in either Title XVIII or XIX 
of the Social Security Act; 
(11) billings are submitted after services have been provided;
(12) the initial monthly claim for services is received in state office within 
95 days after the end of the service month; 
(13) the client is eligible for Medicaid benefits (if services are provided 
through Medicaid); and 
(14) the client is not an inpatient of a hospital, intermediate care facility, 
skilled nursing facility, or intermediate care facility for the mentally 
retarded (except when a provider agency is authorized to receive payment for an 
assessment used to determine eligibility).

sec.49.17. Fiscal Monitoring. 
Texas Department of Human Services staff responsible for assuring provider 
agency compliance with contract/program requirements conduct periodic fiscal 
monitoring reviews. 
(1) A random sample of clients will be chosen that has a confidence level of 85% 
plus or minus 5.0% and for purposes of sample size determination, is assumed to 
have a compliance rate of 95%. 
(2) Financial errors and administrative errors will be identified and recouped 
without extrapolation. 
(3) Frequency of fiscal monitoring will depend on program specific minimum 
acceptable levels of performance and other risk factors.
(4) Upon contract termination, DHS may choose to perform a fiscal monitoring 
review. 

sec.49.19. Sanctions. 
(a) The Texas Department of Human Services (DHS) may take sanctions against the 
provider agency for failure to comply with the terms of the contract including 
program rules, policies, and procedures. 
(b) Sanctions may include one or more of the following at the discretion of DHS: 
(1) Corrective action plan. DHS requests a corrective action plan from a 
provider for reasons including, but not limited to: 
(A) health and safety issues; 
(B) failure to provide services according to contract/program requirements; or 
(C) discrepancies which DHS determines are not conducive to program intent. 
(2) Hold on client referrals. DHS places a hold on client referrals for reasons 
including, but not limited to: 
(A) DHS determines the client's health and safety is jeopardized by the agency's 
failure to provide services; 
(B) the provider agency fails to comply with its corrective action plan; 
(C) the provider agency is potentially terminated or receives notice of contract 
termination; 
(D) the provider agency fails to provide services according to contract/program 
requirements; 
(E) the provider agency is on vendor hold; or 
(F) a contract termination is being appealed. 
(3) Vendor hold. 
(A) DHS places a vendor hold (withholding a provider agency's payment) upon one 
or all of a provider agency's contracts with DHS for reasons including, but not 
limited to: 
(i) contract termination, whether voluntary or involuntary;
(ii) failure to follow the agreed upon audit resolution payment plan; 
(iii) failure to comply with licensure requirements, if applicable;
(iv) failure to provide services according to contract/program requirements; 
(v) expiration of any required license; or 
(vi) monetary penalties assessed by DHS, if allowed by program rules, which have 
not been appealed or which have been appealed and have been sustained by a final 
decision. 
(B) DHS may accept an irrevocable letter of credit, in a format and an amount 
approved by DHS, to allow the release of all or a portion of vendor payments on 
hold. Vendor holds are released after resolution of all outstanding audits 
and/or after complete resolution of any contract compliance issues. 
(4) Contract termination. DHS may initiate contract termination for one or more 
reasons including, but not limited to, the provider agency's: 
(A) failure to comply with the terms of the contract/rule;
(B) failure to maintain a current required license; 
(C) gross failure to ensure a client's health and safety;
(D) failure to comply with corrective action plans; 
(E) exclusion from contracting for Title XVIII or XIX of the Social Security Act 
services; 
(F) failure to submit an acceptable cost report by the due date; 
(G) having validated report(s) of abuse, neglect, or exploitation when the 
perpetrator is an employee, volunteer, or owner who has or will have access to 
clients served through this contract; or 
(H) knowingly and willfully soliciting clients from another provider agency. 
(c) If the agency has an outstanding audit exception upon termination of a 
contract, DHS can take the balance owed from outstanding claims submitted.
(d) The provider agency has the right to appeal contract termination by filing a 
written request for a hearing so that DHS receives it within 15 calendar days 
after the provider agency receives DHS's termination letter.
(1) When a contract is involuntarily terminated by DHS, clients may be 
transferred to another provider, even if appealed. If appealed, DHS can give 
clients a choice of returning to the provider agency. 
(2) If the appeal decision is in favor of the provider agency, the contract 
remains in effect and DHS resumes referrals. Clients are given a choice of 
returning to the provider agency. 
(3) If DHS upholds the decision to terminate, DHS terminates the contract. 

sec.49.21. Recontracting. 
If the contract was involuntarily terminated, the Texas Department of Human 
Services (DHS) may not recontract with a provider agency to provide services in 
the region covered by the terminated contract for six months after contract 
termination. DHS reserves the right not to recontract with the provider agency 
if it is not in the best interest of DHS. 

sec.49.25. Contract/Program Monitoring.
(a) Within 30 calendar days from either the effective date of this section or 
the receipt of a fully-executed contract, the provider agency is responsible for 
providing the appropriate Texas Department of Human Services (DHS) staff with 
the location where DHS staff will conduct reviews. Unless otherwise specified, 
reviews must occur in the same geographical area where DHS has contracted for 
service delivery. 
(b) Each provider agency is subject to a systematic review of client case 
records to determine if the provider agency's performance meets the minimum 
compliance level. If the provider agency fails to meet the minimum compliance 
level for two consecutive formal reviews, DHS terminates the provider agency's 
contract. 
(c) The provider agency must attain a minimum compliance level of 90% or above, 
unless otherwise specified in program requirements. If the provider agency fails 
to meet the 90% minimum compliance level, DHS determines the provider agency to 
be in overall noncompliance. 
(d) The provider agency must provide: 
(1) to DHS's review team, upon request, specific records necessary for the 
conduct of the provider agency review; and 
(2) adequate working space for the number of staff specified in the review 
notification. Lighting, heating, and cooling must be consistent with that 
provided to provider agency staff. 
(e) After the effective date of this section or after entering into a contract, 
if later, DHS will schedule each provider agency to receive an orientation 
and/or training on the use of the monitoring guide. 
(f) Each provider agency that enters into a contract after adoption of this 
section is entitled to receive or decline one courtesy review before a formal 
review is conducted. The review is nonbinding and is intended to identify 
possible problem areas when formal agency reviews are conducted.
(g) The service quarter for all reviews begins no earlier than two full months 
after the provider agency has received its orientation/training. The period to 
be reviewed: 
(1) consists of at least one, but no more than, three consecutive months; and 
(2) ends one full month before the month in which case readings occur. 
(h) The provider agency is entitled to receive written notice of a provider 
agency review at least 14 calendar days before the review. The notification 
includes: 
(1) the date(s) and time that DHS staff plan to arrive at the agreed-upon review 
site(s); 
(2) the number of DHS staff to conduct the review; and
(3) the approximate number of days necessary to complete the review. 
(i) The provider agency is not entitled to receive the list of cases in the 
sample before DHS staff arrive for the review. 
(1) DHS determines a full sample by drawing a random sample, which includes an 
approximately proportionate number of new and ongoing cases and which has a 
confidence level of 85% plus or minus 5.0% and for purposes of sample size 
determination, is assumed to have a compliance rate of 90%.
(2) DHS selects a subsample by choosing one of the following and as described in 
the service being reviewed: 
(A) the larger of 15 cases, or 5.0% of the provider agency's caseload, neither 
of which can exceed the full sample size; or 
(B) the larger of 10 cases, or 5.0% of the provider agency's caseload, neither 
of which can exceed the full sample size. 
(j) If DHS's findings from the subsample do not meet the 90% minimum compliance 
level, DHS reads the full sample, which includes cases identified in the 
subsample. If the subsample compliance is 90% or greater, DHS may choose to read 
the full sample. 
(k) Using the monitoring guide, the reviewer: 
(1) identifies missing documents. A missing document is defined as a document 
that existed in either the DHS or provider agency files prior to the date of a 
DHS review. Within three workdays after DHS staff leave the review site, the 
missing documents must be received in the office of the reviewer, or the 
provider agency may submit a written request for some or all the missing 
documents to be copied from DHS files. The request must be addressed to the 
appropriate DHS staff with a copy to the reviewer. DHS-provided documents are 
used to adjust the agency's findings even if the documents are received after 
the three-day period. The provider agency is entitled to receive its adjusted 
findings within 21 work days after the review team leaves the review site; and 
(2) provides the provider agency its tentative findings before leaving the 
review site. The findings remain tentative until the exit conference. The 
provider agency is responsible for identifying and correcting any deficiency 
identified. DHS does not evaluate or measure corrective action plans but limits 
reviews to determining compliance with contract and program requirements. 
(l) The provider agency is solely responsible for maintaining all necessary 
service documentation; secondary documentation is not acceptable.
(m) The provider agency is entitled to an exit conference with DHS staff within 
21 work days after the review team leaves the review site. The provider agency 
may receive written suggestions from DHS to improve its performance level during 
the exit conference and must acknowledge, in writing, receipt of the agency 
review findings and suggestions to correct any deficiencies.
(n) The provider agency receives from DHS during the exit conference for the 
first formal agency review: 
(1) written findings and problem areas identified; and 
(2) if the provider agency failed to meet the acceptable performance level, 
notice that a second formal agency review will be conducted.
(o) The provider agency receives from DHS during the exit conference for the 
second formal agency review: 
(1) written findings and problem areas identified; or 
(2) an intent to terminate letter, if the provider agency fails to meet the 
acceptable performance level for two consecutive reviews. The letter states: 
(A) the effective date of the contract termination; 
(B) that the provider agency does not receive additional referrals beginning the 
date of the exit conference; 
(C) that DHS will initiate client transfers to other providers if an appeal is 
not filed; 
(D) that the provider agency may not recontract to provide services in the 
region covered by the terminated contract for six months after the termination 
date; 
(E) the appeal procedures; and 
(F) that DHS will place a vendor hold on the contract effective:
(i) 15 days from receipt of the intent to terminate letter if an appeal is not 
filed; or 
(ii) the date the appeal decision is made if an appeal is filed and DHS upholds 
the decision to terminate the contract. 
(p) The provider agency may request an administrative review of the methodology 
employed by the review team if the provider agency has reason to suspect that 
the formal agency review was not conducted according to published rules and the 
monitoring guide. The request must be in writing and received by the appropriate 
DHS staff within 10 calendar days of the date of the exit conference. 
(q) If the provider agency fails to provide services at a minimally acceptable 
performance level, DHS may not renew the contract or may terminate it. 
(r) If a provider agency is identified by DHS for contract termination, 
termination occurs no sooner than 46 days from the date of the termination 
letter and no later than the end of the month in which the 46th day occurs. If 
DHS is unable to successfully transfer all clients by the contract termination 
date due to another responsible provider not being available, DHS may: 
(1) delete all counties from the contract where there is another provider of the 
same service; or 
(2) extend the termination date for another six months or until placement is 
found for every client served through the contract.
(s) For six months from the date DHS initially deletes counties from the 
contract or extends the contract, DHS: 
(1) does not add counties to the contract; 
(2) may delete additional counties if another provider agency begins to provide 
services in the county(ies) to be deleted; or 
(3) may terminate the provider agency's contract before the extension period 
expires. 
(t) The provider agency may not recontract or add counties for six months from 
the date of contract termination or initial deletion of counties, unless service 
specific rules allow exceptions. 
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 April 8, 1997.
TRD-9704752
Glenn Scott
General Counsel, Legal Services
Texas Department of Human Services
Effective date: May 1, 1997
Proposal publication date: November 26, 1996
For further information, please call: (512) 438-3765

CHAPTER 50. Day Activity and Health Services
The Texas Department of Human Services (DHS) adopts amendments to sec.sec.50.2, 
50.5, 50.407, 50.501, 50.601, 50.701, and 50.801; and adopts the repeal of 
sec.sec.50.101, 50.103-50.105, 50.502, 50.702, 50.802, and 50.803, concerning 
Day Activity and Health Services, without changes to the proposed text as 
published in the November 26, 1996, issue of the Texas Register (21 TexReg 
11465). 
The justification for the amendments and repeals is to delete community care 
rules that are applicable to more than one Community Care for Aged and Disabled 
(CCAD) program and move them into a new Chapter 49, Contracting for Community 
Care Services, which DHS is adopting in this issue of the Texas Register. 
The sections will function by providing greater consistency of the rules 
governing contracts for Community Care services. 
No comments were received regarding adoption of the sections. 

Program Overview
40 TAC sec.50.2, sec.50.5
The amendments are adopted under the Human Resources Code, Title 2, Chapters 22 
and 32, which provides the department with the authority to administer public 
and medical assistance programs and under Texas Government Code sec.531.021, 
which provides the Health and Human Services Commission with the authority to 
administer federal medical assistance funds. 
The amendments implement sec.sec.22.001-22.030 and 32.001-32.041 of the Human 
Resources Code. 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on April 8, 1997.
TRD-9704770
Glenn Scott
General Counsel, Legal Services
Texas Department of Human Services
Effective date: May 1, 1997
Proposal publication date: November 26, 1996
For further information, please call: (512) 438-3765

Contracting
40 TAC sec.sec.50.101, 50.103-50.105
The repeals are adopted under the Human Resources Code, Title 2, Chapters 22 and 
32, which provides the department with the authority to administer public and 
medical assistance programs and under Texas Government Code sec.531.021, which 
provides the Health and Human Services Commission with the authority to 
administer federal medical assistance funds. 
The repeals implement sec.sec.22.001-22.030 and 32.001-32.041 of the Human 
Resources Code. 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on April 8, 1997.
TRD-9704769
Glenn Scott
General Counsel, Legal Services
Texas Department of Human Services
Effective date: May 1, 1997
Proposal publication date: November 26, 1996
For further information, please call: (512) 438-3765

Service Requirements
40 TAC sec.50.407
The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 
and 32, which provides the department with the authority to administer public 
and medical assistance programs and under Texas Government Code sec.531.021, 
which provides the Health and Human Services Commission with the authority to 
administer federal medical assistance funds. 
The amendment implements sec.sec.22.001-22.030 and 32.001-32.041 of the Human 
Resources Code. 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on April 8, 1997.
TRD-9704768
Glenn Scott
General Counsel, Legal Services
Texas Department of Human Services
Effective date: May 1, 1997
Proposal publication date: November 26, 1996
For further information, please call: (512) 438-3765

Billing
40 TAC sec.50.501
The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 
and 32, which provides the department with the authority to administer public 
and medical assistance programs and under Texas Government Code sec.531.021, 
which provides the Health and Human Services Commission with the authority to 
administer federal medical assistance funds. 
The amendment implements sec.sec.22.001-22.030 and 32.001-32.041 of the Human 
Resources Code. 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on April 8, 1997.
TRD-9704767
Glenn Scott
General Counsel, Legal Services
Texas Department of Human Services
Effective date: May 1, 1997
Proposal publication date: November 26, 1996
For further information, please call: (512) 438-3765

40 TAC sec.50.502
The repeal is adopted under the Human Resources Code, Title 2, Chapters 22 and 
32, which provides the department with the authority to administer public and 
medical assistance programs and under Texas Government Code sec.531.021, which 
provides the Health and Human Services Commission with the authority to 
administer federal medical assistance funds. 
The repeal implements sec.sec.22.001-22.030 and 32.001-32.041 of the Human 
Resources Code. 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on April 8, 1997.
TRD-9704766
Glenn Scott
General Counsel, Legal Services
Texas Department of Human Services
Effective date: May 1, 1997
Proposal publication date: November 26, 1996
For further information, please call: (512) 438-3765

Recordkeeping Requirements
40 TAC sec.50.601
The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 
and 32, which provides the department with the authority to administer public 
and medical assistance programs and under Texas Government Code sec.531.021, 
which provides the Health and Human Services Commission with the authority to 
administer federal medical assistance funds. 
The amendment implements sec.sec.22.001-22.030 and 32.001-32.041 of the Human 
Resources Code. 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on April 8, 1997.
TRD-9704764
Glenn Scott
General Counsel, Legal Services
Texas Department of Human Services
Effective date: May 1, 1997
Proposal publication date: November 26, 1996
For further information, please call: (512) 438-3765

Monitoring/Quality Assurance/Audits
40 TAC sec.50.701
The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 
and 32, which provides the department with the authority to administer public 
and medical assistance programs and under Texas Government Code sec.531.021, 
which provides the Health and Human Services Commission with the authority to 
administer federal medical assistance funds. 
The amendment implements sec.sec.22.001-22.030 and 32.001-32.041 of the Human 
Resources Code. 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on April 8, 1997.
TRD-9704763
Glenn Scott
General Counsel, Legal Services
Texas Department of Human Services
Effective date: May 1, 1997
Proposal publication date: November 26, 1996
For further information, please call: (512) 438-3765

40 TAC sec.50.702
The repeal is adopted under the Human Resources Code, Title 2, Chapters 22 and 
32, which provides the department with the authority to administer public and 
medical assistance programs and under Texas Government Code sec.531.021, which 
provides the Health and Human Services Commission with the authority to 
administer federal medical assistance funds. 
The repeal implements sec.sec.22.001-22.030 and 32.001-32.041 of the Human 
Resources Code. 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on April 8, 1997.
TRD-9704762
Glenn Scott
General Counsel, Legal Services
Texas Department of Human Services
Effective date: May 1, 1997
Proposal publication date: November 26, 1996
For further information, please call: (512) 438-3765

Sanctions
40 TAC sec.50.801
The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 
and 32, which provides the department with the authority to administer public 
and medical assistance programs and under Texas Government Code sec.531.021, 
which provides the Health and Human Services Commission with the authority to 
administer federal medical assistance funds. 
The amendment implements sec.sec.22.001-22.030 and 32.001-32.041 of the Human 
Resources Code. 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on April 8, 1997.
TRD-9704761
Glenn Scott
General Counsel, Legal Services
Texas Department of Human Services
Effective date: May 1, 1997
Proposal publication date: November 26, 1996
For further information, please call: (512) 438-3765

40 TAC sec.50.802, sec.50.803
The repeals are adopted under the Human Resources Code, Title 2, Chapters 22 and 
32, which provides the department with the authority to administer public and 
medical assistance programs and under Texas Government Code sec.531.021, which 
provides the Health and Human Services Commission with the authority to 
administer federal medical assistance funds. 
The repeals implement sec.sec.22.001-22.030 and 32.001-32.041 of the Human 
Resources Code. 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on April 8, 1997.
TRD-9704771
Glenn Scott
General Counsel, Legal Services
Texas Department of Human Services
Effective date: May 1, 1997
Proposal publication date: November 26, 1996
For further information, please call: (512) 438-3765

CHAPTER 52. Emergency Response Services
The Texas Department of Human Services (DHS) adopts amendments to 
sec.sec.52.201, 52.501, 52.503, and 52.601, and adopts the repeal of 
sec.sec.52.202-52.204, 52.602, and 52.603, concerning Emergency Response 
Services, without changes to the proposed text as published in the November 26, 
1996, issue of the Texas Register (21 TexReg 11469). 
The justification for the amendments and repeals is to delete community care 
rules that are applicable to more than one Community Care for Aged and Disabled 
(CCAD) program and move them into a new Chapter 49, Contracting for Community 
Care Services, which DHS is adopting in this issue of the Texas Register. 
The amendments and repeals will function by providing greater consistency of the 
rules governing contracts for Community Care services. 
No comments were received regarding adoption of the sections. 

Contracting for Emergency Response Services
40 TAC sec.52.201
The amendment is adopted under the Human Resources Code, Title 2, Chapter 22, 
which provides the department with the authority to administer public assistance 
programs. 
The amendment implements sec.sec.22.001-22.030 of the Human Resources Code. 
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 April 8, 1997.
TRD-9704772
Glenn Scott
General Counsel, Legal Services
Texas Department of Human Services
Effective date: May 1, 1997
Proposal publication date: November 26, 1996
For further information, please call: (512) 438-3765

40 TAC sec.sec.52.202-52.204
The repeals are adopted under the Human Resources Code, Title 2, Chapter 22, 
which provides the department with the authority to administer public assistance 
programs. 
The repeals implement sec.sec.22.001-22.030 of the Human Resources Code. 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on April 8, 1997.
TRD-9704759
Glenn Scott
General Counsel, Legal Services
Texas Department of Human Services
Effective date: May 1, 1997
Proposal publication date: November 26, 1996
For further information, please call: (512) 438-3765

Claims
40 TAC sec.52.501, sec.52.503
The amendments are adopted under the Human Resources Code, Title 2, Chapter 22, 
which provides the department with the authority to administer public assistance 
programs. 
The amendments implement sec.sec.22.001-22.030 of the Human Resources Code. 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on April 8, 1997.
TRD-9704758
Glenn Scott
General Counsel, Legal Services
Texas Department of Human Services
Effective date: May 1, 1997
Proposal publication date: November 26, 1996
For further information, please call: (512) 438-3765

Reviews and Audits of Provider Agency Records
40 TAC sec.52.601
The amendment is adopted under the Human Resources Code, Title 2, Chapter 22, 
which provides the department with the authority to administer public assistance 
programs. 
The amendment implements sec.sec.22.001-22.030 of the Human Resources Code. 
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 April 8, 1997.
TRD-9704757
Glenn Scott
General Counsel, Legal Services
Texas Department of Human Services
Effective date: May 1, 1997
Proposal publication date: November 26, 1996
For further information, please call: (512) 438-3765

40 TAC sec.52.602, sec.52.603
The repeals are adopted under the Human Resources Code, Title 2, Chapter 22, 
which provides the department with the authority to administer public assistance 
programs. 
The repeals implement sec.sec.22.001-22.030 of the Human Resources Code. 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on April 8, 1997.
TRD-9704756
Glenn Scott
General Counsel, Legal Services
Texas Department of Human Services
Effective date: May 1, 1997
Proposal publication date: November 26, 1996
For further information, please call: (512) 438-3765