ADOPTED RULES
An agency may take final action on a section 30 days after a proposal has been 
published in the Texas Register. The section becomes effective 20 days after the 
agency files the correct document with the Texas Register, unless a later date 
is specified or unless a federal statute or regulation requires implementation 
of the action on shorter notice.
If an agency adopts the section without any changes to the proposed text, only 
the preamble of the notice and statement of legal authority will be published. 
If an agency adopts the section with changes to the proposed text, the proposal 
will be republished with the changes.

TITLE 1. ADMINISTRATION
PART IV. Office of the Secretary of State
CHAPTER 81. Elections
Miscellaneous
1 TAC sec.81.71
The Office of the Secretary of State, Elections Division, adopts new sec.81.71, 
concerning the use of affidavits by election officials as a form of voter 
identification, without changes to the proposed text as published in the August 
22, 1997, issue of the Texas Register (22 TexReg 8330). 
This rule is being adopted to allow use of the affidavit set out in 
sec.63.008(a)(2) of the Texas Election Code (the "Code"), which allows election 
officials to attest to a voter's identity in lieu of proof of identification in 
a form described by sec.63.0101, as proof of identification generally. 
The following comment was received regarding the proposed section. 
Comment: David McFadden argued that the proposed rule will be an invitation to 
fraud by election judges and clerks. Corrupt officials will use the affidavit to 
allow ineligible voters to vote. 
Response: The use of the personal knowledge affidavit has already been 
prescribed for use for a voter without certificate who is on the list of 
registered voters under sec.63.008(a)(2) of the Code. The proposed rule merely 
expands the affidavit's potential use to all situations in which identification 
is required. In the Secretary of State's opinion, the benefits of allowing the 
affidavit to be used generally for identification purposes (subject to the 
restrictions set out in the rule) outweigh potential problems that may be caused 
by corrupt election officials. Procedures are already in place in the Code, such 
as election contests under Title 14 and criminal investigations under Chapter 
273, to remedy abuses. No changes were made as a result of the comment. 
The rule is adopted under the Code, Chapter 31, Subchapter A, sec.31.003, which 
provides the Secretary of State with authority to promulgate rules to obtain 
uniformity in the interpretation and application of the Code, and under the 
Code, Chapter 63, sec.63.0101(9), which authorizes the Secretary of State to 
prescribe forms of identification in addition to those enumerated in the 
statute. 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on October 15, 1997.
TRD-9713756
Clark Kent Ervin
Assistant Secretary of State
Office of the Secretary of State
Effective date: November 5, 1997
Proposal publication date: August 22, 1997
For further information, please call: (512) 463-5650

1 TAC sec.81.81, sec.81.82
The Office of the Secretary of State adopts new sec.81.81 and sec.81.82, 
concerning elections, without changes to the proposed text as published in the 
September 12, 1997, issue of the Texas Register (22 TexReg 9189). The new 
sections concern supplementation of voter registration information within a 
certain period of time following the receipt of an incomplete application for 
voter registration by a county voter registrar; and proof of citizenship for 
voters who are ineligible for jury service due to non-citizenship. 
No comments were received on the proposal. 
The new sections are necessary for the administration of sec.13.072(e) and 
sec.16.0332 of the Texas Election Code. 
The rule is adopted under the Code, Chapter 31, Subchapter A, sec.31.003, which 
provides the secretary of state with authority to promulgate rules to obtain and 
maintain uniformity in the application, operation, and interpretation of the 
Code. 
The Texas Election Code, Chapter 13, Subchapter C, 13.072(e), and Chapter 16, 
Subchapter B, 16.0332(a) are affected by these 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 October 13, 1997.
TRD-9713517
Clark Kent Ervin
Assistant Secretary of State
Office of the Secretary of State
Effective date: November 3, 1997
Proposal publication date: September 12, 1997
For further information, please call: (512) 463-5650

Political Parties
1 TAC sec.sec.81.100-81.136
The Office of the Secretary of State adopts repeals to sec.sec.81.100-81.136, 
concerning primary election funding, without changes to the proposed text as 
published in the September 12, 1997, issue of the Texas Register (22 TexReg 
9191). The new sections concern the financing of the 1998 primary elections with 
state funds, including the determination of necessary and proper expenses 
relating to the proper conduct of primary elections by party officials and the 
procedures for requesting reimbursement by the parties for such expenses.
The repeals are necessary for the proper and efficient conduct of the 1998 
primary elections. It is in the public interest to establish adequate procedures 
to insure the best use of state funding.
Written comments were filed by Guy C. Jackson III, County Democratic Chair for 
Chambers County.
Comment: sec.81.108 should be amended to extend the July 1 deadline for return 
of surplus primary funds.
Response: The office of the Secretary of State is without authority to change 
sec.81.108, which merely restates statutory law. Texas Election Code, 
sec.173.0851(a) requires surplus to be returned by July 1. Surplus money does 
not include uncleared checks or other allocated expenses.
Comment: sec.sec.81.116, 81.129, and 81.130 should be amended to permit county 
chairs in smaller counties to use rental property in which they have a financial 
interest and to employ family members as primary administrative staff.
Response: The conflict of interest provisions contained in these sections 
reflect other state law provisions that prohibit nepotism and forms of financial 
self-dealing. A county chair can, however, be reimbursed for actual documented 
expenses such as postage, office supplies, and copies as provided in 
sec.sec.81.127-81.128.
Comment: sec.81.121 does not specifically indicate whether social security, 
retirement, and medicare payments made by the county are legitimate elements of 
compensation for central counting station technical support personnel.
Response: The authority establishing the counting station is entitled to fix the 
rate of compensation. If the party contracts with the county to establish a 
central counting station, then the county determines the compensation. If a 
county has determined that these items are actual expenses, they will be 
reimbursed.
Comment: sec.81.133, regarding the categorization of precinct ballot counters 
and central counting station tabulation equipment that are not mainframe 
technology.
Response: Without further interpretation from legislature, the maximum 
reimbursement for these pieces of equipment is $5 per unit, pursuant to Texas 
Election Code, sec.123.033. 
The repeals are proposed under the Texas Election Code, sec.31.003 and 
sec.173.006, which provides the Office of the Secretary of State with the 
authority to obtain and maintain uniformity in the application, interpretation, 
and operation of provisions under the Texas Election Code and other election 
laws, and, in performing such duties, to prepare detailed and comprehensive 
written directives and instructions based on such laws, and to adopt rules with 
the Election Code that reduce the cost of the primary elections or facilitate 
the holding of the elections within the amount appropriated by the legislature 
for that purpose.
The Texas Election Code, Chapter 173, Subchapter A, sec.173.006 is affected by 
these repeals. 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on October 13, 1997.
TRD-9713519
Clark Kent Ervin
Assistant Secretary of State
Office of the Secretary of State
Effective date: November 3, 1997
Proposal publication date: September 12, 1997
For further information, please call: (512) 463-5650

1 TAC sec.81.101-81.136
The Office of the Secretary of State adopts new sec.sec.81.101-81.136, 
concerning primary election funding, without changes to the proposed text as 
published in the September 12, 1997, issue of the Texas Register (22 TexReg 
9191). The new sections concern the financing of the 1998 primary elections with 
state funds, including the determination of necessary and proper expenses 
relating to the proper conduct of primary elections by party officials and the 
procedures for requesting reimbursement by the parties for such expenses.
The new sections are necessary for the proper and efficient conduct of the 1998 
primary elections. It is in the public interest to establish adequate procedures 
to insure the best use of state funding.
Written comments were filed by Guy C. Jackson III, County Democratic Chair for 
Chambers County.
Comment: sec.81.108 should be amended to extend the July 1 deadline for return 
of surplus primary funds.
Response: The office of the Secretary of State is without authority to change 
sec.81.108, which merely restates statutory law. Texas Election Code, 
sec.173.0851(a) requires surplus to be returned by July 1. Surplus money does 
not include uncleared checks or other allocated expenses.
Comment: sec.sec.81.116, 81.129, and 81.130 should be amended to permit county 
chairs in smaller counties to use rental property in which they have a financial 
interest and to employ family members as primary administrative staff.
Response: The conflict of interest provisions contained in these sections 
reflect other state law provisions that prohibit nepotism and forms of financial 
self-dealing. A county chair can, however, be reimbursed for actual documented 
expenses such as postage, office supplies, and copies as provided in 
sec.sec.81.127-81.128.
Comment: sec.81.121 does not specifically indicate whether social security, 
retirement, and medicare payments made by the county are legitimate elements of 
compensation for central counting station technical support personnel.
Response: The authority establishing the counting station is entitled to fix the 
rate of compensation. If the party contracts with the county to establish a 
central counting station, then the county determines the compensation. If a 
county has determined that these items are actual expenses, they will be 
reimbursed.
Comment: sec.81.133, regarding the categorization of precinct ballot counters 
and central counting station tabulation equipment that are not mainframe 
technology.
Response: Without further interpretation from legislature, the maximum 
reimbursement for these pieces of equipment is $5 per unit, pursuant to Texas 
Election Code, sec.123.033. 
The new sections are proposed under the Texas Election Code, sec.31.003 and 
sec.173.006, which provides the Office of the Secretary of State with the 
authority to obtain and maintain uniformity in the application, interpretation, 
and operation of provisions under the Texas Election Code and other election 
laws, and, in performing such duties, to prepare detailed and comprehensive 
written directives and instructions based on such laws, and to adopt rules with 
the Election Code that reduce the cost of the primary elections or facilitate 
the holding of the elections within the amount appropriated by the legislature 
for that purpose.
The Texas Election Code, Chapter 173, Subchapter A, sec.173.006 is affected by 
these proposed new sections.
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 October 13, 1997.
TRD-9713518
Clark Kent Ervin
Assistant Secretary of State
Office of the Seretary of State
Effective date: November 3, 1997
Proposal publication date: September 12, 1997
For further information, please call: (512) 463-5650

TITLE 4. AGRICULTURE
PART I. Texas Department of Agriculture
CHAPTER 4.Cooperative Marketing Associations
4 TAC sec.sec.4.1-4.5
The Texas Department of Agriculture (the department) adopts new sec.sec.4.1-4.5, 
concerning cooperative marketing associations, with changes to the proposed text 
as published in the June 20, 1997, issue of the Texas Register (22 TexReg 5875).
Section 4.4 and sec.4.5 are adopted with changes. Sections 4.1- 4.3 are adopted 
without changes and will not be republished. Section 4.4 has been changed for 
purposes of clarification. The expiration date for Chapter 4 found in sec.4.5 
has been changed to the year 2001, to make that date consistent with the 
expiration date of other department rules. 
The new sections are being proposed in order to establish procedures for 
licensing of cooperative marketing associations under Chapter 52 of the Texas 
Agriculture Code. The new sections provide definitions to be used in Chapter 4, 
establish who may obtain a license and licensing fees, provide for a notice of 
dissolution to the department, and provide an expiration date for Chapter 4.
No public comments were received regarding the adoption of the new sections.
The new sections are adopted under the Texas Agriculture Code, sec.12.016, which 
provides the Texas Department of Agriculture with the authority to adopt rules 
as necessary to administer the Texas Agriculture Code, and sec.52.151(c), which 
authorizes the department to establish an annual license fee for marketing 
associations organized under Chapter 52. 

sec.4.4. Notice of Dissolution.
A licensee must notify the department, within ten days of the date, if the 
licensee:
(1) merges with another cooperative; 
(2) becomes inactive; or 
(3) dissolves their Cooperative Marketing Association. 

sec.4.5. Expiration Provision.
Unless specifically acted upon by amendment or repeal and substitution of a new 
section or sections in accordance with the Texas Government Code Annotated 
sec.sec.2001.02001-2001.038 (Vernon 1996), or specific reactivation by the 
department, all of the section in this chapter shall expire on August 31, 2001.
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 October 6, 1997.
TRD-9713267
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Effective date: October 27, 1997
Proposal publication date: June 20, 1997
For further information, please call: (512) 463-7583

TITLE 16. ECONOMIC REGULATION
PART II. Public Utility Commission of Texas
CHAPTER 23.Substantive Rules
16 TAC sec.23.53
The Public Utility Commission of Texas adopts amendments to sec.23.53, relating 
to Universal Service Fund, with changes to the proposed text as published in the 
July 29, 1997 issue of the Texas Register (22 TexReg 7001). 
The amendments are necessary to comply with Senate Bill 667, 75th Legislature, 
Regular Session, 1997 (to be codified at Texas Revised Civil Statutes Annotated, 
Article 1446c-0 (Vernon) sec.3.611), which requires the commission and the Texas 
Commission for the Deaf and Hard of Hearing (TCDHH) to establish a program to 
provide financial assistance to individuals with hearing or speech impairments 
for the purchase of specialized equipment to provide telephone network access 
that is functionally equivalent to that enjoyed by individuals without such 
impairments. The amendments provide for recovery of costs through the Universal 
Service Fund (USF), determination of the appropriate assessment for 
telecommunications utilities, and recovery of the assessment by 
telecommunication utilities. 
The commission received written comments on the proposed rule from TCDHH and MCI 
Telecommunications Corporation (MCI). 
TCDHH expressed concern about a need for vendor registration, for some form of 
verification that a vendor is a bona fide vendor of telecommunications 
equipment, and for criteria regarding vendor performance. The rule as proposed 
allows the USF administrator to require vendor registration to facilitate timely 
reimbursement of vouchers. The commission declines to adopt specific 
requirements for vendor certification at this time. The issue of what equipment 
qualifies under the program is the subject of a pending request for an Attorney 
General's opinion. When that opinion is issued, the commission may choose to 
revisit the issues identified by TCDHH. Developing criteria for vendor 
certification and performance is premature until the agencies determine what 
equipment qualifies under the program, and that determination is premature until 
the Attorney General formally opines on the subject.
MCI recommended the deletion of proposed sec.23.53(e)(4)(D)(v) and 
sec.23.53(e)(4)(D)(vi). MCI objected to the proposed sec.23.53(e)(4)(D)(v) 
requirement that any equipment distribution program surcharge be assessed at the 
same time as the utility's telecommunications relay service surcharge. MCI 
contended that utilities should have the flexibility to assess the surcharges at 
different times, that the proposed requirement exceeds the specific statutory 
requirement, and that the requirement does not appear to advance any meaningful 
purpose or interest. The commission agrees with MCI that utilities should have 
the flexibility to assess the equipment distribution program surcharge and the 
telecommunications relay service surcharge at different times. Assessing the 
surcharges on different bills would minimize the financial impact on customers 
in any given month. Therefore, the commission makes the change suggested by MCI 
by deleting proposed sec.23.53(e)(4)(D)(v). 
MCI also contended that the proposed sec.23.53(e)(4)(D)(vi) requirement that the 
utility provide adequate notice and explanation regarding the surcharge goes 
beyond specific statutory requirements and serves no apparent purpose or 
interest. The commission's past experience with surcharges on telephone bills 
justifies the notice and explanation requirement in the interest of minimizing 
customer confusion. The commission has authority under Senate Bill 667 sec.3.611 
and sec.3.613 to require such notice and explanation. The commission thus 
declines to make the change requested by MCI to proposed sec.23.53(e)(4)(D)(vi).
Finally, MCI argued that the commission cannot and should not require non-
dominant telecommunications utilities to apply for approval of a surcharge under 
proposed sec.23.53(e)(4)(D)(iii). MCI asserted that approval of surcharges of 
non-dominant utilities would be administratively burdensome. MCI also asserted 
that PURA sec.52.102 deprives the commission of authority to approve the 
surcharges of non-dominant utilities. The commission agrees that the task will 
be burdensome but is constrained by the later-enacted, more specific SB 667 
sec.3.613 to require such approval. In relevant part, SB 667 sec.3.613 states 
that the commission's rules "must require a utility to apply for approval." The 
commission therefore declines to make the change requested by MCI. 
The amendment is adopted under the Public Utility Regulatory Act, 75th 
Legislature, Regular Session, Chapter 161, sec.1, 1997 Texas Session Law Service 
732 (Vernon) (to be codified at Texas Utilities Code sec.14.002) (PURA), which 
provides the commission with the authority to adopt and enforce rules reasonably 
required in the exercise of its powers and jurisdiction; and specifically, 
Senate Bill 667, 75th Legislature, Regular Session 1997 (to be codified at Texas 
Revised Civil Statutes Annotated, Article 1446c-0 (Vernon) sec.3.611), which 
requires the commission and the TCDHH by rule to establish a program to provide 
financial assistance to individuals with hearing or speech impairments for the 
purchase of specialized equipment to provide telephone network access that is 
functionally equivalent to that enjoyed by individuals without such impairments. 
Cross Index to Statutes: Public Utility Regulatory Act, sec.14.002 and Senate 
Bill 667, sec.3.611. 

sec.23.53.Universal Service Fund.
(a) Purpose. The provisions of this section are intended to establish a 
universal service fund to assist local exchange companies in providing basic 
local exchange service at reasonable rates in high cost rural areas, to 
reimburse local exchange companies for revenues lost as a result of providing 
Tel-Assistance Service under the provisions of sec.23.52 of this title (relating 
to Tel-Assistance and Lifeline Service,) to reimburse vendors who submit 
vouchers issued under the Equipment Distribution Program, and to reimburse the 
Texas Department of Human Services, the Texas Commission for the Deaf and Hard 
of Hearing, and the Public Utility Commission of Texas for costs incurred in 
implementing the provisions of this section and sec.23.52 of this title 
(relating to Tel- Assistance and Lifeline Service). 
(b) Definitions. The following words and terms, when used in this section, shall 
have the following meaning unless the context clearly indicates otherwise: 
(1) Commission-The Public Utility Commission of Texas. 
(2) Department-The Texas Department of Human Services.
(3) Equipment Distribution Program-the program to assist individuals who are 
deaf or hard of hearing or who have an impairment of speech to purchase 
specialized telecommunications devices for telephone service access, authorized 
by Senate Bill 667, 75th Legislature, Regular Session, 1997. 
(4) EDP voucher-a voucher issued by TCDHH under the Equipment Distribution 
Program in accordance with its rules that may be exchanged for eligible 
equipment by a vendor of such equipment. 
(5) Local exchange company-A telecommunications utility certificated to provide 
local exchange service within the state. 
(6) (No change.) 
(7) Tel-Assistance Service-The program providing eligible consumers with a 
reduction in costs of certain telecommunications service as defined in sec.23.52 
of this title (relating to Tel-Assistance and Lifeline Service). 
(8) Telecommunications utilities-All certificated providers of local exchange 
service; and all interexchange carriers (including resellers of interexchange 
telecommunications services), specialized communications common carriers, other 
resellers of communications, and other communications carriers who convey, 
transmit, or receive communications in whole or in part over a telephone system. 
(9) TCDHH-Texas Commission for the Deaf and Hard of Hearing.
(c) Administration of Universal Service Fund. 
(1) (No change.) 
(2) Assessments to telecommunications utilities. 
(A)-(B) (No change.) 
(C) The agencies which qualify to receive reimbursements from the USF in 
accordance with paragraph (4)(A) of this subsection shall file monthly reports 
with the Administrator showing the costs incurred for the previous period which 
are directly and reasonably associated with the administration of the Universal 
Service Fund, the Equipment Distribution Program, and with Tel-Assistance 
Service. 
(D)-(E) (No change.) 
(3) (No change.) 
(4) Disbursements to qualifying companies and agencies.
(A) Qualifying companies and agencies. 
(i) The Public Utility Commission, TCDHH, and the Department of Human Services 
are eligible for reimbursement of the costs directly and reasonably associated 
with the implementation of the provisions of this section and sec.23.52 of this 
title (relating to Tel- Assistance and Lifeline Service).
(ii)-(iii) (No change.) 
(iv) Vendors who exchange an EDP Program voucher in the purchase of TCDHH-
approved equipment in accordance with subsection (e) of this section are 
eligible to receive funds from the USF as specified in that section.
(B) (No change.) 
(C) Disbursements. The Administrator shall verify that the appropriate cost and 
expense reports have been filed each month and shall issue reimbursements to 
agencies and companies within sixty days after the due date of reports as 
specified in paragraph (2) of this subsection, except that reimbursement to 
vendors for EDP vouchers shall be issued within forty-five days after the EDP 
voucher is received by the Administrator. 
(d) (No change.) 
(e) Equipment Distribution Program. 
(1) Purpose. This section establishes guidelines for reimbursement to vendors 
who exchange an EDP voucher for the purchase of TCDHH-approved equipment. 
(2) Vendor registration. To facilitate the timely reimbursement of EDP vouchers, 
the Administrator may specify that a vendor who accepts EDP vouchers shall 
register with the Administrator by providing the vendor's name, contact person, 
address, telephone number, facsimile number (if available), and information 
sufficient to permit the Administrator to reimburse the vendor by direct deposit 
rather than by check. 
(3) Recovery of costs through the Universal Service Fund.
(A) Upon completion of the TCDHH rulemaking regarding the Equipment Distribution 
Program, the commission shall review the rule and specify procedures for voucher 
reimbursement. A vendor who exchanges an EDP voucher for the purchase of 
approved equipment in accordance with the terms of the Equipment Distribution 
Program specified by TCDHH and the commission shall be eligible for 
reimbursement of the lesser of the face value of the EDP voucher or the actual 
price of the equipment. Disbursements from the Universal Service Fund shall be 
made only upon receipt from the vendor of a completed EDP voucher and a receipt 
showing the actual price of the equipment exchanged for the EDP voucher. 
Disbursements may also be subject to such other limitations or conditions as 
determined by the commission to be just and reasonable, including investigation 
of whether the presentation of an EDP voucher represents a valid transaction for 
equipment under the Equipment Distribution Program. 
(B) The commission, TCDHH, and the Administrator shall be reimbursed from the 
Universal Service Fund for those costs incurred as a result of the 
implementation and administration of the Equipment Distribution Program. The 
commission and TCDHH shall submit monthly reports to the Administrator showing 
the costs incurred for the previous reporting period. The Administrator will 
verify such reports and issue reimbursements within 30 days after the due date 
of such reports. 
(4) Universal Service Fund Assessment. 
(A) Cost. The cost of the Equipment Distribution Program is the sum of: 
(i) any reimbursements made to vendors for EDP vouchers; 
(ii) any costs associated with the implementation and administration of the 
Equipment Distribution Program incurred by the commission and TCDHH (including 
the costs incurred by the Administrator on behalf of the commission); and 
(iii) any amount established as a reserve for such contingencies as late 
payments and uncollectibles. 
(B) Funding. Beginning with the effective date of this subsection, the cost of 
the Equipment Distribution Program (less the revenue from the purchase of EDP 
vouchers by eligible individuals) shall be assessed to all telecommunications 
utilities. 
(C) Division of Assessment among Telecommunications Utilities.
(i) The Administrator shall establish an assessment rate to apply to all 
telecommunications utilities. This rate shall be calculated by dividing the cost 
identified in subparagraph (A) of this paragraph for the current period by the 
appropriate total access MOU. The appropriate total access MOU shall be the sum 
of intrastate local switching access MOU as described in subsection (c)(3)(A) of 
this section, plus LEC intrastate equivalent access minutes of use as described 
in subsection (c)(3)(B) of this section. 
(ii) The assessment to each telecommunications utility, shall be the amount of 
that utility's total access MOU multiplied by the assessment rate for the 
current period calculated pursuant to clause (i) of this subparagraph.
(iii) LECs shall submit monthly reports to the Administrator showing the 
appropriate total access MOU. Telecommunications utilities other than LECs shall 
submit monthly reports to the Administrator showing additional data that is 
required by the Administrator to calculate the assessments.
(D) Recovery of the Equipment Distribution Program Assessment. The Administrator 
shall separately identify for each telecommunications utility its assessment 
related to the Equipment Distribution Program. Telecommunications utilities may 
recover their Universal Service Fund assessment related to the Equipment 
Distribution Program through a surcharge that the utility may add to its 
customers' bills. If a utility chooses to impose the surcharge, the following 
conditions shall apply. 
(i) The amount shall be determined by dividing the utility's total assessment 
related to the Equipment Distribution Program for the applicable time period by 
the number of the utility's customer access lines. 
(ii) A utility is prohibited from recovering an aggregation of more than 12 
months of assessments in a single surcharge. 
(iii) The utility must apply for approval of a surcharge before the 91st day 
after the date the period during which the aggregated surcharges were assessed 
closes. 
(iv) If a utility chooses to impose the surcharge, the bill shall list the 
surcharge as the "Universal Service Fund Surcharge." 
(v) The utility shall provide adequate notice and explanation to customers 
regarding the surcharge. 
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 October 8, 1997.
TRD-9713395
Rhonda Dempsey
Rules Coordinator
Public Utility Commission
Effective date: October 28, 1997
Proposal publication date: July 29, 1997
For further information, please call: (512) 936-7308

PART III. Texas Lottery Commission
CHAPTER 402. Bingo Regulation and Tax
16 TAC sec.402.567
The Texas Lottery Commission adopts an amendment to sec.402.567, concerning the 
Bingo Advisory Committee, with changes to the proposed text as published in the 
July 15, 1997, issue of the Texas Register (22 TexReg 6547). 
The rule and the preamble to the rule, as published in the July 15, 1997, issue 
of the Texas Register (22 TexReg 6547) are incorporated by reference in this 
order as though set forth at length verbatim herein.
The section, as amended, will provide for retention of some members of the Bingo 
Advisory Committee so a smooth transition of appointments can occur; thereby, 
enhancing the statutory function of the Committee by the efficacious retention 
of committee members for the betterment of charitable bingo in Texas. Also, the 
revision of the composition of the Bingo Advisory Committee will allow for a 
system service provider to be a member which will afford a better representation 
of the interests, as contemplated by House Bill 2086, 75th Legislature, Regular 
Session. 
The section, as amended, will eliminate the existing limitation on the number of 
members that may be reappointed for additional terms, as well as the current 
restriction on successive terms, provide for a system service provider to be 
appointed to the Committee, and reduce the number of general public positions on 
the Committee from two to one. 
Comments were received from individuals and from members of the Bingo Advisory 
Committee. The commenters were in general agreement with adoption of the rule. 
Several commenters expressed concern about the taking of one seat on the 
Committee from a commercial lessor to accommodate the system service provider 
seat. The Commission would note that the change in Committee make-up is 
occurring in response to the requirements of House Bill 2086, 75th Legislature, 
Regular Session. However, an alteration in the procedure was made as a result of 
these comments. The one seat to be changed will be taken from one of the current 
two general public seats and not one of the current two commercial lessor seats. 
Several commenters expressed interest as to how the nominations process for the 
system service provider seat would be accomplished. The Commission acknowledges 
this concern, but since there is only one licensed system service provider at 
this time, no changes were made to the rule as a result of this comment. 
One commenter expressed interest as to what the definition of "commercial 
lessor" was. The Commission believes that this is an area worthy of 
consideration, but submits that it is not an appropriate matter for a change to 
this particular rule. Therefore, no change was made to this rule as a result of 
this comment.
The amendment is adopted under Texas Civil Statutes, Article 179d, sec.16 and 
sec.43, which provide the Texas Lottery Commission with the authority to adopt 
rules for the enforcement and administration of the Bingo Enabling Act and to 
govern the operations of the Bingo Advisory Committee, and under Texas 
Government Code, Chapter 467, which authorizes the Texas Lottery Commission to 
adopt rules for the enforcement and administration of Chapter 467 and the laws 
under the Commission's jurisdiction. 

sec.402.567. Bingo Advisory Committee. 
(a) (No change.) 
(b) Composition. The following appointments shall be made representing a balance 
of interests: General Public - one; Charities that operate bingo games - three; 
Lessor, Charity - one; Lessor, Commercial - two; Distributor/Manufacturer - one; 
System Service Provider - one. A total of nine members will be appointed by the 
Commission. Each member will be appointed for a one-year term and will serve at 
the pleasure of the Commission. Each member shall continue to perform the duties 
of the Bingo Advisory Committee until his/her successor has been appointed. 
(c)-(h) (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 October 7, 1997.
TRD-9713361
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Effective date: October 27, 1997
Proposal publication date: July 15, 1997
For further information, please call: (512) 344-5113

TITLE 22. EXAMINING BOARDS
PART IV. Texas Cosmetology Commission
CHAPTER 89. General Rules and Regulations
22 TAC sec.89.5, sec.89.30
The Texas Cosmetology Commission adopts the new sec.89.5, concerning license 
fees and an amendment to sec.89.30, concerning examination applications. Section 
89.5 is adopted with changes to the proposed text as published in the July 1, 
1997, issue of the Texas Register (22 TexReg 6152). Section 89.30 is adopted 
without changes and will not be republished. 
The amendments and new section are adopted as a result of the legislative 
session and the passsage of SB1131. 
No comments were received regarding this adopted amendment and new section.
The amendments and new section are adopted under V.T.C.S , Article 8451a 
sec.sec.10, 11, 12, 13, 13A, 16, 19, 20, 20A, and 31, which provides the 
commission with the authority to issue rules consistent with this Act after a 
public hearing and to protect the public's health and safety. 
The Statute is not effected by this adopted amendment and new section.

sec.89.5. License Fees. 
(a) The fees pertain to the following licensees at the time of renewal: 
(1) Individual Licenses: $43 
(2) Instructor Licenses: $60 
(3) Salon Licenses: $55 
(4) Independent Contractor: $55 
(b) The fee to issue a duplicate license for all licensees and establishments is 
$43. 
(c) All licensees are required to submit a health certificate, not more than one 
year old, in addition to the proper renewal fee.
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 October 6, 1997.
TRD-9713263
Delores Alspaugh
Interim Executive Director
Texas Cosmetology Commission
Effective date: October 27, 1997
Proposal publication date: July 1, 1997
For further information, please call: (512) 454-4674

PART XVI. Texas Board of Physical Therapy Examiners
CHAPTER 329. Licensing Procedure
22 TAC sec.329.1
The Texas Board of Physical Therapy Examiners adopts an amendment to sec.329.1, 
concerning General Licensing Procedure, with changes to the proposed text as 
published in the July 22, 1997, issue of the Texas Register (22 TexReg 6813). 
The change corrects a typographical error. 
This amendment is being adopted to clarify academic course requirements for 
licensure. 
This amendment lists specific areas in which academic course work must be 
completed for licensure, and defines the requirements for clinical education.
No comments were received regarding amendment of this section. 
The rule is adopted under the Physical Therapy Practice Act, TCS, 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.329.1. General Licensing Procedure. 
(a) Applications. 
(1) The board office will receive completed applications from persons see king 
licensure under the Act. Applications shall be examined by the coordinator for 
conformity with rules and regulations governing applications for licensure as 
established by the board. Applications shall include: 
(A) official transcripts from colleges and/or universities. For physical 
therapists the transcripts must include evidence that the applicant has 
completed 60 semester hours credit or the equivalent in general education from 
an accredited institution of higher learning. The applicant must have completed 
courses in each of the following areas: basic sciences, clinical science, and 
physical therapy theory and procedures. The applicant must have also 
successfully completed courses/hours (no less than 8 and no more than 15 U.S. 
semester credit hours at the Upper Division Level) in clinical education.
(B)-(E) (No change.) 
(2)-(5) (No change.) 
(b)-(f) (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 October 9, 1997.
TRD-9713444
John P. Maline
Executive Director
Texas Board of Physical Therapy Examiners
Effective date: October 29, 1997
Proposal publication date: July 22, 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 Licensure for Examination Candidates, without changes to 
the proposed text as published in the July 22, 1997, issue of the Texas Register 
(22 TexReg 6814).
This amendment is being adopted to limit the issuance of physical therapy 
assistant temporary licenses to applicants who have never taken the physical 
therapist or physical therapy assistant exams. 
This amendment states that an applicant who has taken and failed the physical 
therapist exam is not eligible for a temporary license to practice as a physical 
therapy assistant. 
No comments were received regarding amendment of this section. 
The rule is adopted under the Physical Therapy Practice Act, TCS, 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 October 9, 1997.
TRD-9713445
John P. Maline
Executive Director
Texas Board of Physical Therapy Examiners
Effective date: October 29, 1997
Proposal publication date: July 22, 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 Licensing Procedures for Foreign-Trained Applicants, without changes 
to the proposed text as published in the July 22, 1997, issue of the Texas 
Register (22 TexReg 6814).
These amendments are being made to do two things: clarify guidelines for board-
approved credentialing agencies to use when faced with different methods of 
recording clinical education hours on college transcripts; and establish a 
checklist entities must use to standardize the evaluation of an applicant's 
credentials. 
The amendment to sec.329.5(g)(7) clearly states the number of college credits 
for clinical education the board requires for licensure and establishes the 
conversion formula a credentialing entity must use. The amendment to 
sec.329.5(g)(11) states that there is an approved checklist a credentialing 
entity must use to evaluate an applicant's credentials.
The agency received comments regarding the amendment of sec.329.5, urging the 
board not to adopt a model curriculum requiring a specific number of general 
education credits from foreign-trained applicants. The comment stated that the 
board is ignoring the differences between higher education programs in other 
countries and in this country. The comment stated that foreign-trained 
applicants receive more of their general education in the high school years, 
which does not show up on a college transcript.
The rule is adopted under the Physical Therapy Practice Act, TCS, 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 October 9, 1997.
TRD-9713446
John P. Maline
Executive Director
Texas Board of Physical Therapy Examiners
Effective date: October 29, 1997
Proposal publication date: July 22, 1997
For further information, please call: (512) 305-6900

CHAPTER 343. Contested Case Procedure
22 TAC sec.343.3
The Texas Board of Physical Therapy Examiners adopts an amendment to sec.343.3, 
concerning Contested Case Procedure, with changes to the proposed text as 
published in the July 22, 1997, issue of the Texas Register (22 TexReg 6815). 
The board at this time will not adopt proposed changes to sec.343.3(e)(3), 
regarding obtaining prior referrals from original therapists. 
This amendment is being adopted to clarify guidelines for physical therapy 
referrals. 
This amendment defines the timeframe within which a physical therapist may 
provide emergency medical care, and clarifies the conditions under which a 
physical therapist may treat a patient without a referral. 
No comments were received regarding amendment of this section. 
The rule is adopted under the Physical Therapy Practice Act, TCS, 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.343.3. Referral Requirement and Exceptions to Referral Requirement. 
(a) Definitions. The following words and terms, when used in the section, shall 
have the following meanings, unless the context clearly indicates otherwise. 
(1) (No change.) 
(2) Emergency medical care - Bona fide emergency services provided after the 
sudden onset of a medical condition manifesting itself by acute symptoms of 
sufficient severity, including severe pain, such that the absence of immediate 
medical attention could reasonably be expected to result in: placing the 
patient's health in serious jeopardy; serious impairment to bodily functions; or 
serious dysfunction of any bodily organ or part. For a physical therapist, the 
emergency medical care must be provided within 24 hours from the sudden onset of 
acute symptoms or 72 hours from the time the injury occurred. 
(3) (No change.) 
(b)-(d) (No change.) 
(e) Conditions for treatment without referral: 
(1) (No change.) 
(2) For all episodes of physical therapy subsequent to that which was initiated 
by the referral, the physical therapist treats the patient for not more than 20 
treatment sessions or 30 consecutive calendar days, whichever occurs first, 
whereupon the physical therapist must confer with the referring practitioner in 
order to continue the current episode of treatment. 
(3) The treatment can only be provided to a client/patient who received a 
referral not more than one year previously. 
(4) (No change.) 
(f)-(h) (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 October 9, 1997.
TRD-9713447
John P. Maline
Executive Director
Texas Board of Physical Therapy Examiners
Effective date: October 29, 1997
Proposal publication date: July 22, 1997
For further information, please call: (512) 305-6900

TITLE 34. PUBLIC FINANCE
PART XI. Fire Fighter's Pension Commission
CHAPTER 301. Rules of the Texas Statewide Emergency Services Retirement Fund
34 TAC sec.sec.301.1, 301.2, 301.4, 301.5, 301.9-301.11
The Fire Fighter's Pension Commission adopts amendments to sec.sec.301.1, 301.2, 
301.4, 301.5, 301.9, 301.10 and new 301.11, concerning Rules of the Texas 
Statewide Emergency Services Retirement Fund. Sections 301.1, 301.4, 301.5 and 
301.9-301.11 are adopted without changes to the proposed text as published in 
the September 5, 1997, issue of the Texas Register (22 TexReg 8931). Section 
301.2 is adopted with changes. The sections are amended to include other 
emergency services personnel in addition to the volunteer fire fighters. 
Throughout the sections the words "fire fighter" were deleted and the word 
"member" was added to include other volunteer personnel in the retirement fund. 
New sec.301.11 is added to incorporate a Qualified Domestic Relations Order, 
which includes a form that is adopted by reference.
The following changes were made to sec.301.2: In subsection (g) the last 
sentence reads, "Became part of the law September 1, 1993...." In the proposal, 
the year was noted as 1997 and this was a clerical error. In subsection 
(j)(1)(B), the last sentence, "(For the exception see paragraph (6)(A)(ii) of 
this subsection)" was inadvertently deleted in the proposal and has been added 
back in for the adoption. Also in subsection (j)(2)(D), the words "local 
department" were changed to "local board of trustees". Also in subsection 
(j)(6)(A)(ii), in the proposal, the site "sec.2A, Membership, paragraphs (b) (4) 
and (c) in the pension fund law book" was incorrect. The adoption contains the 
correct site which is "sec.2A, Membership, paragraphs (b)(5) and (c)". In 
addition to the changes to sec.301.2, the chapter name has changed to "Rules of 
the Texas Statewide Emergency Services Retirement Fund". 
No comments were received regarding adoption of the amendments and new rule. 
The amendments and new rule are adopted under Texas Civil Statutes, Article 
6243e3, (Senate Bill 411) 65th Legislature (1977), revised in the 72nd 
Legislature (1991), and revised in the 75th legislature (1997), which provide 
the Fire Fighters' Pension Commission with the authority to promulgate rules 
necessary for the administration of the pension fund. 

sec.301.2.Scope.
(a) Applicability. Until September 1, 1997, the retirement fund (Senate Bill 
411) applied to any political subdivision that contains an entire rural fire 
prevention district. It also applied when an entire rural fire prevention 
district was contained within more than one governing body, in which case the 
public agencies made equal contributions. The public agency could be a town. 
(1) If a rural fire prevention district was located within a county the county 
was the political subdivision. If no rural fire prevention district was located 
within a particular county, the statute was not applicable to that county. 
(2) A school district constituted a political subdivision.
(3) If an unincorporated town was located in a county which had no rural fire 
prevention district, there was no political subdivision to contribute to the 
fund and the statute was not applicable. 
(4) Where a water district was located within the unincorporated town, the water 
district could constitute the political subdivision, if a rural fire prevention 
district was located wholly within it. 
(5) If both county and water district met the definition, then both could be 
required to contribute. 
(6) If the rural fire prevention district was situated within the town, the 
district was a political subdivision required to contribute.
(b) Effective September 1, 1997, the definition of governing body was any 
political subdivision of the state. If the participating department is situated 
in more than one political subdivision, the governing bodies of such political 
subdivisions shall contribute equally toward a total of at least $12 for each 
member for each month of service. 
(c) Governing Body/Emergency Services Districts. 
(1) An emergency services district which is composed of members of a department 
which has been in Texas Local Fire Fighters' Retirement Act (TLFFRA House Bill 
258) must inform the commission of this at the time they request entrance in 
Senate Bill 411. Being an emergency services district does not negate the legal 
obligations which have arisen as a result of being a member of TLFFRA. 
(2) By law if a department is more than one political subdivision each shall 
contribute equally toward the cost for each member's service. It is the 
responsibility of the department and the governing bodies to inform the 
commissioner if this section of the law applies. 
(3) An emergency services district which is composed of the members of a city 
emergency services department which has been in TLFFRA cannot be forced to 
assume the liability of the TLFFRA payees. If the district refuses to accept the 
payment of this liability the district can not be in Senate Bill 411. 
(4) A department which enters the system with the city as governing body and 
subsequently becomes governed by an emergency services district will, for 
pension purposes, continue with the city as governing entity until such time as 
the district enters into a contract with the pension system, The district and 
the city may contribute equally toward the total if applicable. 
(d) Exemption. 
(1) This retirement fund need not apply to a public agency whose governing body 
exempted itself from its operation within 60 days of August 28, 1977. The 
requirement to provide for participation in the fund pertains to all other 
public agencies whose governing bodies did not choose to exempt themselves prior 
to October 28, 1977. 
(2) If a governing body acts to rescind its order exempting itself from the 
Texas Statewide Volunteer Fire Fighter's Retirement Act (the Act), its action 
will amount to a repeal; and the governing body will begin making its 
contributions at the time the recession becomes effective. 
(3) If the public agency's governing body did not exempt itself, the emergency 
services department will be admitted to the pension system after they vote to 
enter the system as required by sec.10, Entering The Pension System; Required 
Election. The department's entrance date cannot pre-date the election. The 
governing body will be held liable for funding as though they rescinded the 
exemption. 
(e) Effective September 1, 1997 a department which is participating in Senate 
Bill 411 at that date has 60 days to exempt itself from providing additional 
coverage to other volunteer or auxiliary emergency service personnel who were 
not eligible for coverage under the original provisions of the Act.
(1) This exemption must be exercised within 60 days after the general effective 
date of this Act. 
(2) Governing bodies who elect to cover these members will provide proof of 
service as required by the Fire Fighter's Pension Commission.
(3) Governing bodies must pay for the emergency services personnel's 
contributions (dues) at this time, but in this instance only it will be straight 
cost without the actuarial factor (interest) added in.
(4) The governing body will pay the cost in one lump sum payment. If this cost 
cannot be paid in full in one lump sum payment at the time of contracting for 
coverage, any unpaid costs may be paid in full within three years or may be made 
in a manner to which the commissioner agrees.
(5) This service will be considered future service if it occurred after the 
department's entrance date in the system.
(f) Eligibility of a Public Agency. A department, to enter into this retirement 
fund, must have ten active members. A subsequent drop of the number of active 
members will not affect eligibility. 
(g) Member Departments Which Cease to Exist. The commissioner shall continue to 
administer benefits of the pension system for members and retirees who performed 
service for a former member fire department that has not withdrawn from the 
pension system under sec.12, Withdrawing from the Pension System, of this act 
but has ceased to exist. The governing body will perform the duties of the local 
board. (Became part of the pension fund law September 1, 1993, sec.12(a), 
Withdrawing from the Pension System.) 
(h) Merger. The decision to merge into the Senate Bill 411 plan may be made by a 
vote of the qualified members who participated in the emergency services 
department for at least one year. Each qualified member is entitled to cast one 
vote for each full year of participation. The governing body of the merging 
public agency is to provide verification of service with the Fire Fighters' 
Pension Commission as required by the commission. If no record of prior service 
exists with the Fire Fighters' Pension Commission, the local board is to verify 
service for each prospective member. This verification is to be signed by the 
chief or head of the department and the representatives of the local board, 
notarized and returned to the commission office. 
(i) Non-TLFFRA Departments. Entities which have not been in any pension system 
prior to entering Senate Bill 411 follow the same procedures as entities in the 
Texas Local Fire Fighters' Retirement Fund (TLFFRA, formerly House Bill 258) on 
voting to enter this pension system and follow the same rules and regulations as 
departments merging into this system from TLFFRA.
(j) Individual Eligibility. 
(1) Status. Qualified members of a department, whether involved in prevention, 
suppression, investigation, maintenance, or clerical work are eligible to 
participate in the retirement fund provided, however, that the member's 
eligibility to join is dependent on the status of the public agency under whose 
control he/she is. The prospective member cannot override the public agency's 
status simply by the payment of contributions. The following are specifically 
barred as members of the pension system: 
(A) If the person is less than 18 years of age. 
(B) If the person is retired under this Act (after September 1, 1989), whether 
or not the person continues to participate in emergency related functions for 
the department from which the member retired. (For the exception see paragraph 
(6)(A)(ii) of this subsection). 
(C) If the person is a probationary member for whom dues are not being paid . 
The maximum period during which dues are not paid is six months. Entry dates can 
not be back dated to cover the probationary period unless all prospective 
members are covered from the date entered fire department.
(D) If the person does not receive a certification of physical fitness or 
assignment to support duties, that person cannot be a member of the department. 
(2) EMS. Until September 1, 1997, members of the local EMS Service could be 
included in the pension system if they meet all three of the following criteria: 
(A) If they were considered by the governing entity to be part of the fire 
department. 
(B) They were volunteers. 
(C) They attended the fire drills as specified in sec.1, paragraph (1), of the 
pension fund law. 
(D) Effective September 1, 1997, the law was amended to allow "auxiliary 
employees". It is the responsibility of the local Board of Trustees to determine 
that its members comply with the definitions for volunteer and auxiliary members 
as outlined by the law. 
(3) Fair Labor Standards Act (FLSA). 
(A) The Federal Fair Labor Standards Act of 1985 specifically defines who a 
volunteer is and what this volunteer can do. According to FLSA, when a 
department has five or more paid members, those five or more paid members cannot 
serve as volunteers in the department for which they receive compensation. In 
other words, if a member is a fully paid member, he/she cannot return to work in 
his/her time off as a volunteer in that department.
(B) Since Senate Bill 411 was originally designed specifically for fire fighters 
who serve without monetary remuneration effective July 1, 1989, those 
participants in the Senate Bill 411 retirement fund who were serving as paid 
fire fighters in fire departments which had five or more paid members, could no 
longer participate in the Senate Bill 411 pension system. After this date, when 
a department hired its fifth paid member, all of the paid members had to be 
dropped effective that date. It was the responsibility the local board to notify 
this office when this occurred. If the fire fighter was vested in the Senate 
Bill 411 system, he/she would receive the retirement due him/her upon 
application at age 55. 
(i) These provisions of FLSA still apply to volunteer members of the pension 
system. 
(ii) If there are over four fully paid, non-auxiliary members in a department, 
the fully paid members cannot participate in Senate Bill 411as volunteers for 
that department. 
(iii) See sec.301.2(d) of this title (relating to Scope) for the crediting of 
service for members affected by the changes in the law.
(4) Start of Membership. 
(A) During a probationary period of service before becoming a regular member of 
a member department, if the governing body of the department is not making 
contributions for the probationary service, then that person is not eligible for 
benefits under this Act. 
(B) A department may have a probationary period of up to six months during which 
dues are not paid for the member. Dues will be charged based on the date entered 
pension system as listed on the Personnel Form 502, as long as it is not more 
than six months from date entered member department.
(C) Personnel Form 502 must be submitted for new members at the end of the 
probationary period. Failure to do so could mean denial of benefits. 
(D) If there is a probationary period, it should be the same length of time for 
everyone in the department. 
(E) If the date entered pension system is more than six months from date entered 
department, the commission will change date entered pension system on the Form 
502 to within six months of date entered department and send a corrected copy to 
the department. Dues will be charged from the date established by the 
commission. 
(5) Credit. 
(A) Under TLFFRA law until September 1, 1993, prior to a department's entrance 
in Senate Bill 411, any fire fighter who was terminated from the department for 
one or more years lost any service earned before that period unless the local 
board ruled that the interruption in service was through no fault of the fire 
fighter. 
(B) The department is not charged for non-qualifying years on the cost study. 
Effective September 1, 1989, buy-back years had to comply with minimum drill and 
fire requirements to qualify. 
(C) Once a member of this retirement fund, the member is not penalized for 
nonconsecutive periods of service. 
(6) Dual Benefits. 
(A) Death and Retirement. 
(i) A member who performs qualified service for more than one department under 
this Act may become eligible to receive service retirement benefits for service 
for each department, but, if the person dies while a member, of both departments 
the member's beneficiary must choose between an on-duty and off-duty benefit if 
applicable. 
(ii) In order to be eligible for retirement benefits from two or more different 
departments, the members service in the other departments must start before 
retirement from the primary department and he/she must start as a new member 
(without transferring time from the other department). See sec.2A, Membership, 
paragraphs (b)(5) and (c) in the pension fund law book. 
(B) Disability and Retirement. A member must, at the time of disability, elect 
between retirement or disability benefits if eligible for both. When a member, 
while on disability, reaches the age of 55 the member may switch to retirement 
benefits if he/she so chooses. The member shall then be deemed permanently 
retired. 
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 October 6, 1997.
TRD-9713415
Elaine Rummel
Program Administrator
Fire Fighter's Pension Commission
Effective date: October 28, 1997
Proposal publication date: September 5, 1997
For further information, please call: (512) 936-3476

TITLE 40. SOCIAL SERVICES AND ASSISTANCE
PART I. Texas Department of Human Services
CHAPTER 3.Income Assistance Services
SUBCHAPTER SS.One-Time Temporary Assistance for Needy Families Program
40 TAC sec.sec.3.7201-3.7206
The Texas Department of Human Services (DHS) adopts new sec.sec.3.7201-3.7206 
with changes to the proposed text published in the August 22, 1997, issue of the 
Texas Register (22 TexReg 8387). The title of the subchapter also is changed to 
One-Time Temporary Assistance for Needy Families Program.
Justification for the new sections is to implement a one-time emergency 
assistance cash payment for families in crisis. 
The new sections will function by assuring that the state will be in compliance 
with state legislation. 
The department received no comments regarding adoption of the new sections. The 
department is replacing the term "Aid to Families with Dependent Children-One 
Time program (AFDC-OT)" with the term "One-Time Temporary Assistance for Needy 
Families Program (OTTANF). The change is to emphasize the temporary nature of 
benefits and reflects the change of DHS philosophy. 
The new sections are adopted under the Human Resources Code, Title 2, Chapters 
22 and 31, which authorizes the department to administer public and financial 
assistance programs. 
The new sections implement the Human Resources Code, sec.sec.22.001-22.030 and 
sec.sec.31.001-31.076. 

sec.3.7201.Definition.
The term One-Time Temporary Assistance for Needy Families Program (OTTANF) is 
defined as a $1000 emergency cash payment made to families who do not currently 
receive Temporary Assistance for Needy Families (TANF) and meet all other TANF 
eligibility requirements, but opt for OTTANF eligibility. OTTANF recipients do 
not receive TANF-related Medicaid coverage.

sec.3.7202.One-Time Temporary Assistance for Needy Families Program (OTTANF) 
Criteria.
Clients must meet one of the following criteria to qualify for OTTANF. 
(1) The caretaker or second parent is currently underemployed and facing a 
crisis because of: 
(A) loss of transportation; 
(B) potential loss of shelter; or 
(C) a medical emergency that temporarily prevents the caretaker or second parent 
from working. 
(2) The caretaker or second parent is a graduate of an accredited college or 
technical training school within the 12 months prior to application, and is 
unemployed or underemployed. The caretaker or second parent must: 
(A) provide proof of degree or certificate of completion from a technical 
training school, junior college, college or university; 
(B) not be currently enrolled in an institute of higher learning; and 
(C) have received Temporary Assistance for Needy Families anytime in the 12 
months prior to enrolling, or while attending an accredited college, university 
or technical training school. 
(3) For cases with two parents in the certified group, the caretaker or second 
parent has had loss of employment within the application month or the two months 
prior to application. 
(4) For cases with a caretaker only in the certified group, the caretaker has 
experienced loss of support from the second parent through death, divorce, 
separation or abandonment. Caretakers experiencing loss of support from the 
second parent must establish that the caretaker had a history of employment 
within the 12 months prior to application. 

sec.3.7203.Eligibility Requirements.
One-Time Temporary Assistance for Needy Families Program (OTTANF) applicants 
must meet the requirements of this subchapter and all the Temporary Assistance 
for Needy Families requirements for applicants as specified in this chapter. 
Applicants accepting OTTANF must sign the Personal Responsibility Agreement 
unless the case is identified as belonging to the State Welfare Reform Control 
Group.

sec.3.7204.Ineligibility Periods.
Caretakers and second parents who receive One-Time Temporary Assistance for 
Needy Families Program (OTTANF) are ineligible for Aid to Families with 
Dependent Children (TANF), Temporary Assistance for Needy Families-Unemployed 
Parent (TANF-UP), and OTTANF payments for 12 months. 

sec.3.7205.Issuance of One-Time Temporary Assistance for Needy Families Program 
(OTTANF) Payment.
The Texas Department of Human Services issues OTTANF payments via a state 
warrant. Payments are not issued via Electronic Benefit Transfer process. 

sec.3.7206.Implementation in Affected Areas.
The requirements regarding One-Time Temporary Assistance for Needy Families 
Program (OTTANF) as described in this subchapter apply to recipients interviewed 
in offices in implemented counties effective November 19, 1997, with a gradual 
statewide implementation.
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 October 10, 1997.
TRD-9713478
Glenn Scott
General Counsel, Legal Services
Texas Department of Human Services
Effective date: November 19, 1997
Proposal publication date: August 22, 1997
For further information, please call: (512) 438-3103

PART II. Texas Rehabilitation Commission
CHAPTER 108.Double Medical Equipment and Assistive Technology Listing
40 TAC sec.sec.108.1-108.7
The Texas Rehabilitation Commission adopts new Chapter 108, sec.sec.108.1-108.7, 
concerning durable medical equipment and assistive technology listing. 
Sections108.1, 108.2 and 108.4-108.7 are adopted without changes to the proposed 
text as published in the August 29, 1997, issue of the Texas Register (22 TexReg 
8605) and will not be republished. Section 108.3 is adopted with changes. 
The new sections are adopted due to the new implementation of Title 7, Human 
Resources Code, Chapter 116. 
The Texas Rehabilitation Commission received comments from the Texas Assistive 
Technology Partnership, the Disability Policy Consortium, and United Cerebral 
Palsy of Texas. All of these organizations were in favor of TRC's efforts to 
increase individuals' access to available technology and equipment. Each 
organization provided valuable advice on how to proceed with the implementation 
of the new statute, and TRC generally agrees with their suggestions. Based on 
some of their comments, technical changes were made to sec.108.3(a) and 
sec.108.3(b) to clarify the listing process. 
The new sections are adopted under the Texas Human Resources Code, Title 7, 
Chapter 116, sec.116.007, which provides the Texas Rehabilitation Commission 
with the authority to promulgate rules consistent with Title 7, Texas Human 
Resources Code. 

sec.108.3.Listing items for donation.
(a) The commission maintains a toll-free telephone number which may be used by 
individuals and organizations to list with the commission items of durable 
medical equipment and assistive technology that are available for donation. The 
listing is made available to the public through the Internet. Donors wishing to 
list items using the commission's toll-free number will provide their name 
(optional), and telephone number, identification of the item to be donated, and 
city or county where the item is located (mandatory).
(b) Before accepting a listing, the commission must obtain the consent of the 
donor to make available to the public the listing of personal information 
provided through the Internet. If the donor is an individual, the donor's prior 
written consent for release of name and/or telephone number, to the commission 
must occur. 
(c) Any items owned by the state and listed with the commission, if donated, 
must be donated to a nonprofit organization licensed under the Health and Safety 
Code, Chapter 432, for distribution to indigent individuals. Before the 
commission may accept a listing for an item owned by the state, the donor agency 
must agree that while listed, the item will be donated only to a nonprofit 
organization licensed under the Health and Safety Code, Chapter 432, for 
distribution to indigent individuals. 
(d) Individuals and organizations wishing to cancel a listing should contact the 
commission using the toll-free number, or in writing.
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 October 10, 1997.
TRD-9713477
Charles Schiesser
Cheif of State
Texas Rehabilitation Commission
Effective date: October 30, 1997
Proposal publication date: August 29, 1997
For further information, please call: (512) 424-4152