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 10. COMMUNITY DEVELOPMENT PART I. Texas Department of Housing and Community Affairs CHAPTER 9.Texas Community Development Program SUBCHAPTER A.Allocation of Program Funds 10 TAC sec.sec.9.1-9.4, 9.6, 9.7, 9.8, 9.9, 9.10 The Texas Department of Housing and Community Affairs (TDHCA) adopts amendments to sec.sec.9.1-9.4, 9.6, 9.7, 9.8, 9.9, and 9.10 concerning the allocation of Community Development Block Grant (CDBG) non-entitlement area funds under the Texas Community Development Program (TCDP) without changes to the proposed text as published in the June 10, 1997, issue of the Texas Register (22 TexReg 5625). The amendments establish the standards and procedures by which TDHCA will allocate fiscal year 1997 community development, Young v. Cisneros, planning/capacity building, urgent need, economic development, colonia, and, housing funds. The amendments make changes to the application and selection criteria for the program fund categories. No comments were received regarding the adoption of the amendments. The amendments are adopted under Texas Government Code, Chapter 2306, sec.2306.098, which provides TDHCA with the authority to allocate Community Development Block Grant non-entitlement area funds to eligible counties and municipalities according to department rules. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on July 16, 1997. TRD-9709249 Larry Paul Manley Executive Director Texas Department of Housing and Community Affairs Effective date: August 5, 1997 Proposal publication date: June 10, 1997 For further information, please call: (512) 475-3726 10 TAC sec.9.11 The Texas Department of Housing and Community Affairs (TDHCA) adopts new sec.9.11, concerning the allocation of Community Development Block Grant (CDBG) non-entitlement area funds under the Texas Community Development Program, without changes to the proposed text as published in the June 10, 1997, issue of the Texas Register (22 TexReg 5637). The new section establishes the standards and procedures by which TDHCA will allocate fiscal year 1997 TCDP Small Towns Environment Program funds. The new section includes the fund application requirements and selection procedures. No comments were received regarding the adoption of the new section. Ruth Cedillo, director of the Texas Community Development Program, has determined that for the period that the new section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the new section. The new section is adopted under Texas Government Code, Chapter 2306, sec.2306.098, which provides TDHCA with the authority to allocate Community Development Block Grant non-entitlement area funds to eligible counties and municipalities according to department rules. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on July 16, 1997. TRD-9709248 Larry Paul Manley Executive Director Texas Department of Housing and Community Affairs Effective date: August 5, 1997 Proposal publication date: June 10, 1997 For further information, please call: (512) 475-3726 TITLE 13. CULTURAL RESOURCES PART II. Texas Historical Commission CHAPTER 21. Local History Programs The Texas Historical Commission (the commission) adopts the repeal of sec.21.30 and new sec.21.30, concerning the Historic Texas Cemetery designation, without changes to the proposed text as published in the April 25, 1997, issue of the Texas Register (22 TexReg 3694). The repeal is adopted to allow the commission to replace sec.21.30 with new sec.21.30 which makes the text easier to understand and changes the age requirements to integrate the Historic Texas Cemetery requirements into the proposed state register of historic places once it is established. No comments were received regarding adoption of the repeal or new section. 13 TAC sec.21.30 The repeal is adopted under the Texas Government Code, Chapter 442, sec.442.005(q), which provides the Texas Historical Commission the authority to promulgate rules it considers proper for the effective administration of Texas Government Code, Chapter 442 (Senate Bill 365, 74th Legislature, 1995.) 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 July 14, 1997. TRD-9709166 Curtis Tunnell Executive Director Texas Historical Commission Effective date: August 4, 1997 Proposal publication date: April 25, 1997 For further information, please call: (512) 463-6100 The new section is adopted under the Texas Government Code, Chapter 442, (442.005(q), which provides the Texas Historical Commission the authority to promulgate rules it considers proper for the effective administration of Texas Government Code, Chapter 442 (Senate Bill 365, 74th Legislature, 1995.) 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 July 14, 1997. TRD-9709167 Curtis Tunnell Executive Director Texas Historical Commission Effective date: August 4, 1997 Proposal publication date: April 25, 1997 For further information, please call: (512) 463-6100 TITLE 31. NATURAL RESOURCES AND CONSERVATION PART III. Texas Parks and Wildlife Department CHAPTER 53.Finance License Fees and Boat and Motor Fees 31 TAC sec.sec.53.2-53.6, 53.8 and 53.10 The Texas Parks and Wildlife Commission in a regularly scheduled public hearing, June 5, 1997 adopted repeal of sec.sec.53.2-53.6, sec.53.8 and sec.53.10, and new sec.sec.53.2-53.6, sec.53.8 and sec.53.10 concerning License Fees and Boat and Motor Fees. New sec.sec.53.2, 53.4-54.6, 53.8 and 53.10 were adopted without changes to proposed text as published in the May 2, 1997 issue of the Texas Register (22 TexReg 3868) and will not be republished. New sec.53.3 was adopted with change as a result of language in HB 827, passed in the 75th Texas Legislature, which directs to Commission to exempt qualifying disabled veterans from requirements for possession of hunting and fishing licenses. The new rules implement measures enacted in HB 827 and HB 520 passed in the 75th Texas Legislature. HB 827 exempts disabled veterans for requirements for hunting and fishing licenses, but does not exempt the veteran from stamp requirements. HB 520 establishes a class B menhaden boat license fee of $50. The repeals and new rules set fees necessary for the continuation of current levels of service in Department programs. The new sections also cross reference fees in Texas Administrative Code Chapters 53 and 65. The department received no public comments concerning the proposed repeal and new rules. The repeal of sec.sec.53.2-53.3, sec.53.5, and sec.53.10 are adopted under authority of Parks and Wildlife Code Chapter 11, Subchapter B, sec.11.027 which provides the Parks and Wildlife Commission with authority to set fees for administration of department programs. Repeal of sec.53.4 is adopted under authority of Parks and Wildlife Code Chapter 11, Subchapter B, sec.11.027 which provides the Parks and Wildlife Commission with authority to set fees for administration of department programs and under authority of Parks and Wildlife Code, Chapter 65, sec.65.003 which provides the Parks and Wildlife Commission with authority to establish alligator permits/licenses and to set fees for permits and licenses. Repeal of sec.53.6 is adopted under authority of Parks and Wildlife Code Chapter 47, Subchapter A, sec.47.008 (as amended by HB 520 being considered by the 75th Legislature) which provides the Commission with authority to set fees for the Class A and Class B Menhaden Boat Licenses. Repeal of sec.53.8 is adopted under authority of Parks and Wildlife Code Chapter 11, Subchapter B, sec.11.027 which provides the Parks and Wildlife Commission with authority to set fees for administration of department programs and Parks and Wildlife Code Chapter 49, sec.49.014 (as amended by HB 2542, 75th Texas Legislature). 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 July 14, 1997. TRD-9709150 Bill Harvey Regulatory Coordinator Texas Parks and Wildlife Department Effective date: August 3, 1997 Proposal publication date: May 2, 1997 For further information, please call: (512) 389-4642 New sec.sec.53.2-53.3, sec. 53.5, and sec.53.10 are adopted under authority of Parks and Wildlife Code Chapter 11, Subchapter B, sec.11.027 which provides the Parks and Wildlife Commission with authority to set fees for administration of department programs. New sec.53.4 is adopted under authority of Parks and Wildlife Code Chapter 11, Subchapter B, sec.11.027 which provides the Parks and Wildlife Commission with authority to set fees for administration of department programs and under authority of Parks and Wildlife Code, Chapter 65, sec.65.003 which provides the Parks and Wildlife Commission with authority to establish alligator permits/licenses and to set fees for permits and licenses. New sec.53.6 is adopted under authority of Parks and Wildlife Code Chapter 47, Subchapter A, sec.47.008 (as amended by HB 520 being considered by the 75th Legislature) which provides the Commission with authority to set fees for the Class A and Class B Menhaden Boat Licenses. New sec.53.8 is adopted under authority of Parks and Wildlife Code Chapter 11, Subchapter B, sec.11.027 which provides the Parks and Wildlife Commission with authority to set fees for administration of department programs and Parks and Wildlife Code Chapter 49, sec.49.014 (as amended by passage of HB 2542 enacted in the 75th Legislature). sec.53.3. Other Recreational Hunting and Fishing Licenses, Stamps, and Tags. (a) Hunting licenses. The following license fee amounts are effective for the license year beginning September 1, 1996, and thereafter: (1) resident hunting (type 101) - $19; (2) lifetime resident hunting (type 991) - $600; (3) special resident hunting (type 102) - $6.00. Nonresident hunters who are under 17 years of age on the date of license purchase are designated as residents and may purchase a special resident hunting license; (4) duplicate hunting (type 103) - $6.00; (5) general nonresident hunting (type 105) - $250; (6) nonresident special hunting (type 107) - $100; (7) nonresident five-day special hunting (type 157) - $35; (8) nonresident spring turkey hunting (type 118) - $100; and (9) nonresident banded bird hunting (type 120) - $10. (b) Resident Hunting and Fishing Licenses for Disabled Veterans (type 502). License fees are waived effective with the license year beginning September 1, 1997 and thereafter. (c) Hunting stamps. The following stamp fee amounts are effective for the stamp year beginning September 1, 1996; and thereafter: (1) turkey (type 119) - $5.00; (2) white-winged dove (type 126) - $7.00; (3) archery hunting (type 135) - $7.00; (4) waterfowl (type 139) - $7.00; and (5) muzzleloader hunting (type 187) - $10. (d) Fishing licenses. The following license fee amounts are effective for the license year beginning September 1, 1996, and thereafter: (1) resident fishing (type 201) - $19; (2) lifetime resident fishing (type 992) - $600; (3) special resident fishing (type 203) - $6.00; (4) temporary (14-day) resident sportfishing (type 210) - $12; (5) temporary (three-day) resident sportfishing (type 220) - $10; (6) nonresident fishing (type 205) - $30; (7) temporary (5-day) nonresident fishing (type 207) - $20; (8) fishing duplicate (type 206) - $6.00; and (9) Lake Texoma fishing (type 208) - $7.50. (e) Fishing stamps. The following stamp fee amounts are effective for the license year beginning September 1, 1996, and thereafter: (1) saltwater sportfishing (type 211) - $7.00; and (2) freshwater trout (type 212) - $7.00. (f) Fishing tags. The following tag fee amounts are effective for the license year beginning September 1, 1996, and thereafter: (1) tarpon tag (type 215) - $100; (2) duplicate tarpon tag (type 230) - $25; and (3) individual bait-shrimp trawl tag (type 334) - $23. (g) Collector's edition stamp package. (1) A collector's edition stamp package (type 555) shall consist of one of each of the following stamps: (A) turkey stamp; (B) white-winged dove stamp; (C) nongame stamp; (D) archery hunting stamp; (E) state waterfowl stamp; (F) muzzleloader hunting stamp; (G) saltwater sportfishing stamp; and (H) freshwater trout stamp. (2) stamps in the package will not be valid for hunting or fishing. (3) fee for the package shall be $10 wholesale price and $20 retail price, effective September 1, 1996, and thereafter. 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 July 14, 1997. TRD-9709151 Bill Harvey Regulatory Coordinator Texas Parks and Wildlife Department Effective date: August 3, 1997 Proposal publication date: May 2, 1997 For further information, please call: (512) 389-4642 License Deputies 31 TAC sec.53.25 The Texas Parks and Wildlife Commission in a regularly scheduled public hearing, June 5, 1997 adopted repeal of existing sec.53.25 and new sec.53.25 concerning License Deputy Collection and Issuance Fees Set by the Commission without change to the proposed text as it appeared in the May 2, 1997 issue of the Texas Register (22 TexReg 3874). The repeal and adopted new sec.53.25 delete obsolete license deputy collection and issuance fee amounts for 31 individual items, retains the $.75 amount for Lake Texoma Fishing Licenses, and restates the existing regulation (5% of selling price) for all other items. The repeal and new rule simplifies sec.53.25 by removing redundant language. The new rules also set the $.75 license deputy issuance fee for Lake Texoma Fishing Licenses. The department received no public comments concerning the adopted repeals and new rules. The repeal is adopted under the authority of the Texas Parks and Wildlife Code which provides the Texas Parks and Wildlife Commission with the authority to set license deputy issuance and collection fees. Section 12.702(b) allows the commission to set collection and issuance fees for licenses, stamps, tag, permits, or other similar items issued under any chapter of the Parks and Wildlife 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 July 14, 1997. TRD-9709148 Bill Harvey Regulatory Coordinator Texas Parks and Wildlife Department Effective date: August 3, 1997 Proposal publication date: May 2, 1997 For further information, please call: (512) 389-4642 31 TAC sec.53.25 The new section is adopted under the authority of Parks and Wildlife Code sec.12.702(b) which provides the Commission with authority to set collection and issuance fees for licenses, stamps, tags, permits, or other similar items issued under any chapter of Parks and Wildlife Code. sec.53.25. License Deputy Collection and Issuance Fees. License deputy collection and issuance fee amounts are effective from the licensing period beginning September 1, 1996, and thereafter. License deputy collection and issuance fee amounts shall be 5.0% of the selling price of each item, except the fee amount for the Lake Texoma fishing license shall be $.75. 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 July 14, 1997. TRD-9709149 Bill Harvey Regulatory Coordinator Texas Parks and Wildlife Department Effective date: August 3, 1997 Proposal publication date: May 2, 1997 For further information, please call: (512) 389-4642 TITLE 34. PUBLIC FINANCE PART IV. Employees Retirement System of Texas CHAPTER 71.Creditable Service 34 TAC sec.71.23 The Employees Retirement System of Texas (ERS) adopts new sec.71.23, concerning acceptance of rollovers and transfers from other qualified plans, without changes to the proposed text as published in the June 6, 1997, issue of the Texas Register (22 TexReg 5615). This new rule provides for acceptance of rollovers and transfers from other qualified plans, subject to procedures developed by the ERS for the purpose of purchasing eligible service credit. This new rule will allow state employees to purchase eligible service credit using a procedure not previously available. No comments were received regarding adoption of the new section. The new rule is adopted under Government Code, sec.815.102 and sec.815.507 which provides that the Board of Trustees may adopt rules for the administration of the funds of the retirement system. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on July 15, 1997. TRD-9709178 Sheila W. Beckett Executive Director Employees Retirement System of Texas Effective date: August 4, 1997 Proposal publication date: June 6, 1997 For further information, please call: (512) 867-3336 TITLE 40. SOCIAL SERVICES AND ASSISTANCE PART II. Texas Rehabilitation Commission CHAPTER 106.Contract Administration SUBCHAPTER A.Acquisition of Client Goods and Services 40 TAC sec.106.4, sec.106.35 The Texas Rehabilitation Commission adopts amendments to sec.106.4 and sec.106.35, concerning acquisition of client goods and services, without changes to the proposed text as published in the June 13, 1997, issue of the Texas Register (22 TexReg 5743). Section 106.4 is being adopted to include a definition regarding mediation. Section 106.35 is being adopted to add a new subsection (a) and new language to subsection (b)(1) in regards to informal and formal appeals. The existing subsection (a) has been deleted. No comments were received regarding adoption of the amendments. The amendments are adopted under the Texas Human Resources Code, Title 7, Chapter 111, sec.111.052(b)(6)(7), which provides the Texas Rehabilitation Commission with the authority to promulgate rules consistent with Title 7, Texas 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 July 14, 1997. TRD-9709195 Charles W. Schiesser Chief of Staff Texas Rehabilitation Commission Effective date: August 4, 1997 Proposal publication date: June 13, 1997 For further information, please call: (512) 424-4003