PROPOSED RULES
Before an agency may permanently adopt a new or amended section or repeal an 
existing section, a proposal detailing the action must be published in the Texas 
Register at least 30 days before action is taken. The 30-day time period gives 
interested persons an opportunity to review and make oral or written comments on 
the section. Also, in the case of substantive action, a public hearing must be 
granted if requested by at least 25 persons, a governmental subdivision or 
agency, or an association having at least 25 members.
Symbology in proposed amendments. New language added to an existing section is 
indicated by the <nl> code. [Brackets] indicate deletion of existing material 
within a section.

TITLE 1. ADMINISTRATION
PART XV. Texas Health and Human Services Commission
CHAPTER 355. Medicaid Reimbursement Rates
SUBCHAPTER F. General Reimbursement Methodology for all Medical
Assistance Programs
1 TAC sec.355.775
The Texas Health and Human Services Commission proposes amendments to 
sec.355.775 of Chapter 355, Subchapter F, concerning reimbursement for the 
mental retardation local authority (MRLA) program operated by the Texas 
Department of Mental Health and Mental Retardation (TDMHMR). 
The proposed amendments would allow the MRLA reimbursement rate for indirect 
costs to be based on a detailed task analysis. Additionally, subsection (h) 
would be deleted due to redundancy with language found in sec.355.723 of this 
title (governing Reimbursement Methodology for Home and Community-based 
Services). 
Gary Bego, associate commissioner for fiscal policy, has determined that for 
each year of the first five-year period the rule, as proposed, would be in 
effect there would be for FY 1998 a total fiscal impact of $52,500, of which 
$32,697 is Federal and $19,803 is State; for FY 1999 a total fiscal impact of 
$216,787, of which $135,353 is Federal and $81,434 is State; for FY 2000 a total 
fiscal impact of $229,298, of which $143,197 is Federal and $86,101 is State; 
for FY 2001 a total fiscal impact of $242,300, of which $151,317 is Federal and 
$91,983 is State; for FY 2002 a total fiscal impact of $248,600, of which 
$155,251 is Federal and $93,349 is State. There would be no effect on local 
government. 
Mr. Bego also has determined that for each year of the first five years the 
amendments would be in effect the public benefit anticipated would be an 
increase in administrative efficiency and flexibility. For each year of the 
first five years the amendments would be in effect there would be no effect on 
small business. For each year of the first five years the amendments would be in 
effect there would be no anticipated economic cost to persons who are required 
to comply with the amendments. 
A public hearing will be held at 9 a.m., Monday, August 6, 1998, in Room 240 of 
the main TDMHMR Central Office building (Building 2) at TDMHMR Central Office, 
909 West 45th Street, Austin, Texas, to accept oral and written testimony 
concerning the proposal. Persons requiring an interpreter for the deaf or 
hearing impaired should contact the Central Office operator, at least 72 hours 
prior to the hearing by calling the TDD phone number which is (512) 206-5330. 
Persons requiring any other ADA accommodation should notify Sheila Wilkins, 
Office of Policy Development, at least 72 hours prior to the hearing by calling 
(512) 206-4516. 
Questions about the proposal may be directed to Ron Gernsbacher, Medicaid 
Administration, Texas Department Mental Health and Mental Retardation, P.O. Box 
12668, Austin, TX 78711-2668. 
Comments on the proposal may be submitted to Linda Logan, director, Policy 
Development, Texas Department Mental Health and Mental Retardation, P.O. Box 
12668, Austin, TX 78711-2668, within 30 days of publication of this notice.
The sections are proposed under the Texas Human Resources Code, Chapter 32, 
sec.32.021, and Texas Government Code, Chapter 531, sec.531.021, which provide 
the Texas Health and Human Services Commission (THHSC) with the authority to 
administer federal medical assistance funds and the administer the state's 
medical assistance. 
The section affects Texas Human Resources Code, Chapter 32, and Texas Government 
Code, Chapter 531, sec.531.021. 

sec.355.775. Reimbursement Methodology for the MRLA Program.
(a) (No change.) 
(b) Reimbursement rates apply to all providers uniformly by the type of service 
component provided and the individual's level-of-need. [Case management is not a 
reimbursable service under the MRLA program.
(c) (No change.) 
(d) Modeled rates are based on relevant cost information including a sample of 
historical cost information and operational experience of service providers in 
Texas. The rates will be the same as the HCS rates which are set in accordance 
with sec.355.723 of this title (relating to Reimbursement Methodology for Home 
and Community-based Services (HCS), with the exception of the case management 
service component, <nl>as explained in subsection (g) of this section.<ol> 
(e) Rates for service components may also take into account the individual's 
level of need as defined in 25 TAC sec.409.507 (Payment Category Assignment and 
Provider Claims Payment). Rates for residential support, MRLA foster/companion 
care, and day habilitation vary by level of need and are paid on a daily basis. 
(f) (No change.) 
(g) The <nl>administrative<ol> rate for the indirect costs of the MRLA program 
is paid as a flat monthly fee to the program provider. <nl> Effective June 1, 
1998, the administrative rate is determined by reducing the HCS modeled rate for 
case management by the amount of cost related to the tasks required of a HCS 
provider which are not required of a MRLA provider. This reduction will be based 
on a detailed task analysis.<ol> [The rate is that portion of the HCS modeled 
rate set for case management but does not include the direct service cost and 
overhead for case management.] <nl> Case management is not a reimbursable 
service under the MRLA program.<ol> 
[(h) The rates are derived for each type of service and, when appropriate, each 
level-of-need, to include the following cost factors: direct service staffing 
costs (wages for direct care, direct care supervisors, benefits, modeled 
staffing ratios); non-personnel operating costs; facility costs (for respite 
care only); room and board costs for out-of-home respite care; administrative 
costs; and professional consultation and program support costs. With the 
exception of the rate for indirect and administrative costs noted in subsection 
(g) of this section, rates will be set at the same time as the HCS rates in 
accordance with sec.355.723 of this title (relating to Reimbursement Methodology 
for Home and Community-based Services (HCS).] 
<nl>(h)<ol> [(i)] The modeled rates will be analyzed to determine if rebasing is 
necessary in accordance with sec.355.723 of this title (relating to 
Reimbursement Methodology for Home and Community-based Services (HCS)). 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on July 13, 1998.
TRD-9811004
Marina S. Henderson
Executive Deputy Commissioner
Texas Health and Human Services Commission
Earliest possible date of adoption: August 23, 1998
For further information, please call: (512) 424-6576

TITLE 16. ECONOMIC REGULATION
PART II. Public Utility Commission of Texas
CHAPTER 23. Substantive Rules
SUBCHAPTER D. Certification
16 TAC sec.23.32
(Editor's note: The text of the following section proposed for repeal will not 
be published. The section may be examined in the offices of the Public Utility 
Commission of Texas or in the Texas Register office, Room 245, James Earl Rudder 
Building, 1019 Brazos Street, Austin.)
The Public Utility Commission of Texas (PUC) proposes the repeal of sec.23.32 
relating to Automatic Dial Announcing Devices. Project Number 19466 has been 
assigned to this proceeding. The Appropriations Act of 1997, HB 1, Article IX, 
Section 167 (Section 167) requires that each state agency review and consider 
for readoption each rule adopted by that agency pursuant to the Government Code, 
Chapter 2001 (Administrative Procedure Act). Such reviews shall include, at a 
minimum, an assessment by the agency as to whether the reason for adopting or 
readopting the rule continues to exist. The PUC held three workshops to conduct 
a preliminary review of its rules. As a result of these workshops, the PUC is 
reorganizing its current substantive rules located in 16 Texas Administrative 
Code (TAC) Chapter 23 to (1) satisfy the requirements of Section 167; (2) repeal 
rules no longer needed; (3) update existing rules to reflect changes in the 
industries regulated by the commission; (4) do clean-up amendments made 
necessary by changes in law and commission organizational structure and 
practices; (5) reorganize rules into new chapters to facilitate future 
amendments and provide room for expansion; and (6) reorganize the rules 
according to the industry to which they apply. As a result of this 
reorganization, sec.23.32 will be duplicative of proposed new sec.26.125 of this 
title (relating to Automatic Dial Announcing Devices) in Chapter 26 (Substantive 
Rules Applicable to Telecommunications Service Providers). 
Mr. Robert Rice, assistant general counsel, Office of Regulatory Affairs, has 
determined that for each year of the first five-year period the repeal is in 
effect there will be no fiscal implications for state or local government as a 
result of enforcing or administering the repeal. 
Mr. Rice has determined that for each year of the first five years the repeal is 
in effect, the public benefit anticipated as a result of the repeal will be the 
elimination of a duplicative rule. There will be no effect on small businesses 
as a result of repealing this section. There is no anticipated economic cost to 
persons as a result of repealing this section. 
Mr. Rice has also determined that for each year of the first five years the 
repeal is in effect there will be no impact on employment in the geographic area 
affected by the repeal of this section. 
Comments on the proposed repeal (16 copies) may be submitted to the Filing 
Clerk, Public Utility Commission of Texas, 1701 N. Congress Avenue, PO Box 
13326, Austin, Texas 78711- 3326, within 17 days after publication. All comments 
should refer to Project Number 19466, repeal of sec.23.32. 
This repeal is proposed under the Public Utility Regulatory Act, Texas Utilities 
Code Annotated sec.14.002 (Vernon 1998) (PURA), which provides the Public 
Utility Commission with the authority to make and enforce rules reasonably 
required in the exercise of its powers and jurisdiction. 
Cross Reference to Statutes: Public Utility Regulatory Act sec.14.002.
sec.23.32. Automatic Dial Announcing Devices. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on July 9, 1998.
TRD-9810868
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Earliest possible date of adoption: August 23, 1998
For further information, please call: (512) 936-7308

16 TAC sec.23.33
(Editor's note: The text of the following section proposed for repeal will not 
be published. The section may be examined in the offices of the Public Utility 
Commission of Texas or in the Texas Register office, Room 245, James Earl Rudder 
Building, 1019 Brazos Street, Austin.)
The Public Utility Commission of Texas (PUC) proposes the repeal of sec.23.33 
relating to Telephone Solicitation. Project Number 19467 has been assigned to 
this proceeding. The Appropriations Act of 1997, HB 1, Article IX, Section 167 
(Section 167) requires that each state agency review and consider for readoption 
each rule adopted by that agency pursuant to the Government Code, Chapter 2001 
(Administrative Procedure Act). Such reviews shall include, at a minimum, an 
assessment by the agency as to whether the reason for adopting or readopting the 
rule continues to exist. The PUC held three workshops to conduct a preliminary 
review of its rules. As a result of these workshops, the PUC is reorganizing its 
current substantive rules located in 16 Texas Administrative Code (TAC) Chapter 
23 to (1) satisfy the requirements of Section 167; (2) repeal rules no longer 
needed; (3) update existing rules to reflect changes in the industries regulated 
by the commission; (4) do clean-up amendments made necessary by changes in law 
and commission organizational structure and practices; (5) reorganize rules into 
new chapters to facilitate future amendments and provide room for expansion; and 
(6) reorganize the rules according to the industry to which they apply. As a 
result of this reorganization, sec.23.33 will be duplicative of proposed new 
sec.26.126 of this title (relating to Telephone Solicitation) in Chapter 26 
(Substantive Rules Applicable to Telecommunications Service Providers). 
Mr. Robert Rice, assistant general counsel, Office of Regulatory Affairs, has 
determined that for each year of the first five-year period the repeal is in 
effect there will be no fiscal implications for state or local government as a 
result of enforcing or administering the repeal.
Mr. Rice has determined that for each year of the first five years the repeal is 
in effect, the public benefit anticipated as a result of the repeal will be the 
elimination of a duplicative rule. There will be no effect on small businesses 
as a result of repealing this section. There is no anticipated economic cost to 
persons as a result of repealing this section. 
Mr. Rice has also determined that for each year of the first five years the 
repeal is in effect there will be no impact on employment in the geographic area 
affected by the repeal of this section. 
Comments on the proposed repeal (16 copies) may be submitted to the Filing 
Clerk, Public Utility Commission of Texas, 1701 N. Congress Avenue, PO Box 
13326, Austin, Texas 78711- 3326, within 17 days after publication. All comments 
should refer to Project Number 19467, repeal of sec.23.33. 
This repeal is proposed under the Public Utility Regulatory Act, Texas Utilities 
Code Annotated sec.14.002 (Vernon 1998) (PURA), which provides the Public 
Utility Commission with the authority to make and enforce rules reasonably 
required in the exercise of its powers and jurisdiction. 
Cross Reference to Statutes: Public Utility Regulatory Act sec.14.002.
sec.23.33. Telephone Solicitation.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on July 9, 1998.
TRD-9810870
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Earliest possible date of adoption: August 23, 1998
For further information, please call: (512) 936-7308

CHAPTER 26. Substantive Rules Applicable to Telecommunications Service Providers
SUBCHAPTER F. Regulation of Telecommunications Service
16 TAC sec.26.125
The Public Utility Commission of Texas (PUC or commission) proposes new 
sec.26.125, relating to Automatic Dial Announcing Devices (ADAD). The proposed 
new section will replace sec.23.32 of this title (relating to Automatic Dial 
Announcing Devices), and will conform sec.26.125 to HB2128 (75th Legislature) 
requirements which restrict ADAD solicitation and impose additional obligations 
upon ADAD solicitors. Project Number 19466 has been assigned to this proceeding. 
The Appropriations Act of 1997, HB 1, Article IX, Section 167 (Section 167) 
requires that each state agency review and consider for readoption each rule 
adopted by that agency pursuant to the Government Code, Chapter 2001 
(Administrative Procedure Act). Such reviews shall include, at a minimum, an 
assessment by the agency as to whether the reason for adopting or readopting the 
rule continues to exist. The PUC held three workshops to conduct a preliminary 
review of its rules. As a result of these workshops, the PUC is reorganizing its 
current substantive rules located in 16 Texas Administrative Code (TAC) Chapter 
23 to (1) satisfy the requirements of Section 167; (2) repeal rules no longer 
needed; (3) update existing rules to reflect changes in the industries regulated 
by the commission; (4) do clean-up amendments made necessary by changes in law 
and commission organizational structure and practices; (5) reorganize rules into 
new chapters to facilitate future amendments and provide room for expansion; and 
(6) reorganize the rules according to the industry to which they apply. Chapter 
26 has been established for all commission substantive rules applicable to 
telecommunications service providers. The duplicative sections of Chapter 23 
will be proposed for repeal as each new section is proposed for publication in 
the new chapter. 
General changes to rule language: 
The proposed new section reflects different section, subsection, and paragraph 
designations due to the reorganization of the rules. Citations to the Public 
Utility Regulatory Act (PURA) have been updated to conform to the Texas 
Utilities Code. The definition subsection has been proposed for deletion in the 
new section as the definitions have already been proposed for Chapter 26 in 
sec.26.5 of this title (relating to Definitions). The Texas Register will 
publish this section as all new text. Persons who desire a copy of the proposed 
new section as it reflects changes to the existing section in Chapter 23 may 
obtain a redlined version from the commission's Central Records under Project 
Number 19466. 
Other changes specific to each section:
Proposed new sec.26.125 will replace corresponding sec.23.32 of this title 
(relating to Automatic Dial Announcing Devices), subsections (a), (c), (d), (e), 
(f), (g), and (h). Subsection (b)(6) has been modified by changing the one 
minute time limit to 30 seconds. A new subsection (g) imposing obligations on 
ADAD operators concerning the use of caller identification services and per line 
and per call blocking has been proposed. The change in proposed (b)(6) and new 
subsection (g) will conform the section to HB 2128 (75th Legislature). 
Subsection (c)(1) has been modified by deleting the requirement that all holders 
of permits issued prior to September 1, 1991 apply for renewal within 60 days of 
the effective date of the section. The provision is in (d)(1) of sec.23.32 and 
has executed. 
Janis Ervin, senior utilities analyst, Telecommunications Industry Analysis 
Division, has determined that for each year of the first five-year period the 
proposed section is in effect there will be no fiscal implications for state or 
local government as a result of enforcing or administering the section.
Janis Ervin has determined that for each year of the first five years the 
proposed section is in effect the public benefit anticipated as a result of 
enforcing the section will be greater protection of the public interest, a 
reduction in the number of public complaints concerning the use of ADADs and an 
increase in compliance with the ADAD provisions of PURA by ADAD operators.
There will be no effect on small businesses as a result of enforcing this 
section. There is no anticipated economic cost to persons who are required to 
comply with the section as proposed. 
Janis Ervin has also determined that for each year of the first five years the 
proposed section is in effect there will be no impact on employment in the 
geographic area affected by implementing the requirements of the section.
Comments on the proposed section (16 copies) may be submitted to the Filing 
Clerk, Public Utility Commission of Texas, 1701 N. Congress Avenue, P.O. Box 
13326, Austin, Texas 78711- 3326, within 17 days after publication. The 
commission invites specific comments regarding the costs associated with, and 
benefits that will be gained by, implementation of the proposed section. The 
commission will consider the costs and benefits in deciding whether to adopt the 
section. The commission also invites specific comments regarding the Section 167 
requirement as to whether the reason for adopting or readopting the rule 
continues to exist. All comments should refer to Project Number 19466. 
This new section is proposed under the Public Utility Regulatory Act, Texas 
Utilities Code Annotated sec.14.002 (Vernon 1998) (PURA), which provides the 
Public Utility Commission with the authority to make and enforce rules 
reasonably required in the exercise of its powers and jurisdiction; and 
specifically, PURA sec.55.137 which grants the commission authority to impose an 
administrative penalty against a person who operates an ADAD in violation of 
subchapter F of PURA; and PURA sec.55.134 which requires the commission to 
enforce subchapter F of PURA and to investigate complaints relating to the use 
of ADADs. 
Cross Index to Statutes: Public Utility Regulatory Act sec.sec.14.002, and 
55.121-55.138. 

sec.26.125. Automatic Dial Announcing Devices (ADAD).
(a) Purpose. The purpose of this section is to regulate the use of automatic 
dial announcing devices. 
(b) Requirements for use of an automatic dial announcing device. A person who 
operates an ADAD to make a telephone call in which the device plays a recorded 
message when a connection is completed to a telephone number must comply with 
the following requirements. 
(1) An ADAD operator must obtain a permit from the commission and give written 
notice specifying the type of device to be connected to each telecommunications 
utility over whose system the device is to be used. 
(2) The device must not be used for random number dialing or to dial numbers by 
successively increasing or decreasing integers. In addition, the device must not 
be used in a way such that two or more telephone lines of a multi-line business 
are engaged simultaneously. 
(3) Within the first 30 seconds of the call, the ADAD message must clearly state 
the nature of the call, the identity of the business, individual, or other 
entity initiating the call, and the telephone number (other than that of the 
ADAD which placed the call) or address of such business, individual, or other 
entity. However, if an ADAD is used for debt collection purposes and the use 
complies with applicable federal law and regulations, and the ADAD is used by a 
live operator for automatic or hold announcement purposes, the use complies with 
this paragraph. 
(4) The entire ADAD message must be delivered in a single language. 
(5) The device must disconnect from the called person's line no later than 30 
seconds after the call is terminated by either party or, if the device cannot 
disconnect within that period, a live operator must introduce the call and 
receive the oral consent of the called person before beginning the message. In 
addition, the device must comply with the line seizure requirements in 47 Code 
of Federal Regulations sec.68.318(c)(2). 
(6) The device, when used for solicitation purposes, must have a message shorter 
than 30 seconds or have the technical capacity to recognize a telephone 
answering device on the called person's line and terminate the call within 30 
seconds. 
(7) For calls terminating in Texas, the device must not be used to make a call: 
(A) for solicitation before noon or after 9:00 p.m. on a Sunday or before 9:00 
a.m. or after 9:00 p.m. on a weekday or a Saturday; or 
(B) for collection purposes at an hour at which collection calls would be 
prohibited under the federal Fair Debt Collection Practices Act (15 United 
States Code sec.1692, et seq.). 
(8) Calls may not be made to emergency telephone numbers of hospitals, fire 
departments, law enforcement offices, medical physician or service offices, 
health care facilities, poison control centers, "911" lines, or other entities 
providing emergency service. In addition, calls may not be made to telephone 
numbers of any guest room or patient room of a hospital, health care facility, 
elderly home, or similar establishment, any telephone numbers assigned to paging 
service, cellular telephone service, specialized mobile radio service, or other 
radio common carrier, or any service for which the called party is charged for 
the call. 
(9) If during a call a cross-promotion or reference to a pay-per-call 
information service is made, the call must include: 
(A) a statement that a charge will be incurred by a caller who makes a call to a 
pay-per-call information services telephone number; 
(B) the amount of the flat-rate or cost-per-minute charge that will be incurred 
or the amount of both if both charges will be incurred; and 
(C) the estimated amount of time required to receive the entire information 
offered by the service during a call. 
(c) Permit to operate an ADAD. 
(1) An application for a permit to use one or more ADADs must be made using a 
form prescribed by the commission and must be accompanied by a fee of $500. A 
permit is valid for one year after its date of issuance. Renewals must be 
applied for no later than 90 days prior to the expiration date of the current 
permit. Subject to paragraph (3) of this subsection, a permit may be renewed 
annually by making the filing required by this section and paying a renewal fee 
of $100. 
(2) Each application for the issuance or renewal of a permit under this section 
must contain the telephone number of each ADAD that will be used and the 
physical address from which the ADAD will operate. If the telephone number of an 
ADAD or the physical address from which the ADAD operates changes, the owner or 
operator of the ADAD shall notify the commission by certified mail of each new 
number or address not later than the 48th hour before the hour at which the ADAD 
will begin operating with the new telephone number or at the new address. If the 
owner or operator of an ADAD fails to notify the commission as required by this 
subsection within the period prescribed by this subsection, the permit is 
automatically invalid. 
(3) In determining if a permit should be issued or renewed, the commission will 
consider the compliance record of the owner or operator of the ADAD. The 
commission may deny an application for the issuance or renewal of a permit 
because of the applicant's compliance record. 
(4) A local exchange company (LEC) may obtain, on request to the commission, a 
copy of a permit issued under this section and of any changes relating to the 
permit. 
(5) The commission may revoke a permit to operate an ADAD for failure to comply 
with this section. 
(d) Exceptions. This section does not apply to the use of an ADAD to make a 
telephone call: 
(1) relating to an emergency or a public service under a program developed or 
approved by the emergency management coordinator of the county in which the call 
was received; or 
(2) made by a public or private primary or secondary school system to locate or 
account for a truant student. 
(e) Complaints, investigation, and enforcement. 
(1) If the commission determines that a person has violated the requirements of 
this section, the telecommunications utility providing service to the user of 
the ADAD shall comply with a commission order to disconnect service to the 
person. The telecommunications utility may reconnect service to the person only 
on a determination by the commission that the person will comply with this 
section. The utility shall give notice to the person using the device of the 
utility's intent to disconnect service not later than the third day before the 
date of the disconnection, except that if the device is causing network 
congestion or blockage, the notice may be given on the day before the date of 
disconnection. 
(2) A telecommunications utility may, without an order by the commission or a 
court, disconnect or refuse to connect service to a person using or intending to 
use an ADAD if the utility determines that the device would cause or is causing 
network harm. 
(3) A LEC that receives a complaint relating to the use of an ADAD shall send 
the complaint to the commission according to the following guidelines: 
(A) the complaint shall be recorded on a form prescribed by the commission; 
(B) the LEC shall inform the complainant that the complaint, including the 
identity of the complainant and other information relevant to the complaint, 
will be forwarded to the commission; 
(C) the complaint form and any written complaint shall be forwarded to the 
commission within three business days of its receipt by the LEC. 
(f) Permit Suspension/Child Support Enforcement. In consideration of the Texas 
Family Code Annotated, Chapter 232, as it may be subsequently amended, which 
provides for the suspension of state-issued licenses for failure to pay child 
support, the commission shall follow the procedures set out in this subsection. 
(1) Provision of information to a Title IV-D agency. Upon request, the 
commission shall provide a Title IV-D agency with the name, address, social 
security number, license renewal date, and other identifying information for 
each person who holds, applies for, or renews an ADAD permit issued by the 
commission. This information shall be provided in a format agreed to between the 
Title IV-D agency and the commission. 
(2) Suspension of permit. Upon receipt of a final order issued by a court or a 
Title IV- D agency suspending an ADAD permit under the provisions of the Texas 
Family Code, Chapter 232, the commission shall immediately: 
(A) record the suspension of the permit in the commission's files; and 
(B) notify the telecommunications utility providing service to the user of an 
ADAD that the permit has been suspended. 
(3) Service disconnection. Upon receipt of notification by the commission that a 
permit has been suspended under the provisions of this subsection, the 
telecommunications utility providing service to that user of an ADAD shall 
immediately disconnect service to that person. 
(4) Refund of fees. A person who holds, applies for, or renews an ADAD permit 
issued by the commission that is suspended under the provisions of this 
subsection is not entitled to a refund of any fees paid under subsection (c) of 
this section. 
(5) Reinstatement. The commission may not modify, remand, reverse, vacate, or 
reconsider the terms of a final order issued by the court or a Title IV-D agency 
suspending a permit under the provisions of the Texas Family Code, Chapter 232. 
However, upon receipt of an order by the court or Title IV-D agency vacating or 
staying an order suspending a person's permit to operate an ADAD, the commission 
shall promptly issue or re-issue the affected permit to that person if that 
person is otherwise qualified for the permit and has paid the applicable fees as 
set out in subsection (c) of this section.
(g) Obligations of the ADAD Solicitor. 
(1) If an ADAD is used which plays a recorded message when connection is 
completed to the end user telephone, the solicitor's device must display a 
telephone number at which the solicitor receives calls so that an end user's 
caller identification device displays this number. 
(2) Per line blocking and per call blocking may not be used by the ADAD 
solicitor. 
(h) Penalties. A person who operates an ADAD without a valid permit, with an 
expired permit, or with a permit that has been suspended under the provisions of 
subsection (f) of this section or who otherwise operates the ADAD in violation 
of this section or a commission order is subject to an administrative penalty of 
not more than $1,000 for each day or portion of a day during which the ADAD was 
operating in violation of this section. However, nothing in this subsection is 
intended to limit the commission's authority under the Public Utility Regulatory 
Act sec.15.021, et seq. (Vernon 1998). 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on July 9, 1998.
TRD-9810869
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Earliest possible date of adoption: August 23, 1998
For further information, please call: (512) 936-7308

16 TAC sec.26.126
The Public Utility Commission of Texas (PUC or commission) proposes new 
sec.26.126, relating to Telephone Solicitation. The proposed new section will 
replace sec.23.33 of this title (relating to Telephone Solicitation), and will 
conform sec.26.126 to HB2128 (75th Legislature) requirements which imposes 
additional obligations upon telephone solicitors. Project Number 19467 has been 
assigned to this proceeding. 
The Appropriations Act of 1997, HB 1, Article IX, Section 167 (Section 167) 
requires that each state agency review and consider for readoption each rule 
adopted by that agency pursuant to the Government Code, Chapter 2001 
(Administrative Procedure Act). Such reviews shall include, at a minimum, an 
assessment by the agency as to whether the reason for adopting or readopting the 
rule continues to exist. The PUC held three workshops to conduct a preliminary 
review of its rules. As a result of these workshops, the PUC is reorganizing its 
current substantive rules located in 16 Texas Administrative Code (TAC) Chapter 
23 to (1) satisfy the requirements of Section 167; (2) repeal rules no longer 
needed; (3) update existing rules to reflect changes in the industries regulated 
by the commission; (4) do clean-up amendments made necessary by changes in law 
and commission organizational structure and practices; (5) reorganize rules into 
new chapters to facilitate future amendments and provide room for expansion; and 
(6) reorganize the rules according to the industry to which they apply. Chapter 
26 has been established for all commission substantive rules applicable to 
telecommunications service providers. The duplicative sections of Chapter 23 
will be proposed for repeal as each new section is proposed for publication in 
the new chapter. 
General changes to rule language: 
The proposed new section reflects different section, subsection, and paragraph 
designations due to the reorganization of the rules. Citations to the Public 
Utility Regulatory Act (PURA) have been updated to conform to the Texas 
Utilities Code. The definition subsection has been proposed for deletion in the 
new section as the definitions have already been proposed for Chapter 26 in 
sec.26.5 of this title (relating to Definitions). The Texas Register will 
publish this section as all new text. Persons who desire a copy of the proposed 
new section as it reflects changes to the existing section in Chapter 23 may 
obtain a redlined version from the commission's Central Records under Project 
Number 19467. 
Other changes specific to each section:
Proposed new sec.26.126 will replace corresponding sec.23.33 of this title 
relating to Telephone Solicitation, subsections (a), (c), and (d) of this title. 
Proposed new subsections (c)(3), (c)(4), and (d) impose requirements on 
telephone solicitors relating to call blocking, caller identification display 
and provide for a penalty for violation of the section. These new subsections 
have been added to conform the section to HB 2128. 
Janis Ervin, senior utilities analyst, Telecommunications Industry Analysis 
Division, has determined that for each year of the first five-year period the 
proposed section is in effect there will be no fiscal implications for state or 
local government as a result of enforcing or administering the section.
Janis Ervin determined that for each year of the first five years the proposed 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be increased protection of the public interest and improved 
enforcement of the telephone solicitation provisions of HB 2128 (75th 
Legislature). There will be no effect on small businesses as a result of 
enforcing this section. There is no anticipated economic cost to persons who are 
required to comply with the section as proposed. 
Janis Ervin has also determined that for each year of the first five years the 
proposed section is in effect there will be no impact on employment in the 
geographic area affected by implementing the requirements of the section.
Comments on the proposed section (16 copies) may be submitted to the Filing 
Clerk, Public Utility Commission of Texas, 1701 N. Congress Avenue, P.O. Box 
13326, Austin, Texas 78711- 3326, within 17 days after publication. The 
commission invites specific comments regarding the costs associated with, and 
benefits that will be gained by, implementation of the proposed section. The 
commission will consider the costs and benefits in deciding whether to adopt the 
section. The commission also invites specific comments regarding the Section 167 
requirement as to whether the reason for adopting or readopting the rule 
continues to exist. All comments should refer to Project Number 19467. 
This new section is proposed under the Public Utility Regulatory Act, Texas 
Utilities Code Annotated sec.14.002 (Vernon 1998) (PURA), which provides the 
Public Utility Commission with the authority to make and enforce rules 
reasonably required in the exercise of its powers and jurisdiction; and 
specifically PURA sec.55.151 which grants the commission authority to enforce 
PURA sec.55.151, and PURA sec.55.152 which requires the commission to require 
local exchange companies and telephone cooperatives to provide to consumers the 
notice specified in sec.55.152. 
Cross Index to Statutes: Public Utility Regulatory Act sec.sec.14.002, 55.151 
and 55.152. 

sec.26.126. Telephone Solicitation. 
(a) Purpose. The purpose of this section is to require local exchange companies 
(LECs) to inform their customers of provisions of the law regarding telephone 
solicitation and to require telephone solicitors to implement systems and 
procedures to ensure that they do not solicit persons who ask not to receive 
consumer telephone calls. 
(b) Responsibility of LECs. Each LEC shall inform its customers of the 
provisions of the Business and Commerce Code, Chapter 37, and the Public Utility 
Regulatory Act sec.55.151 by inserting the notice prescribed by this subsection 
annually in the billing statement mailed to a customer. The notice required by 
this subsection shall be mailed to each customer as a bill insert. For 
residential customers, the notice required by this subsection and any customer 
proprietary network information (CPNI) notice required by sec.26.122 of this 
title (relating to Customer Proprietary Network Information) shall be published 
as a single insert and mailed to the customer in a billing statement. Each LEC 
shall also publish the notice required by this subsection in the consumer 
information pages of its local telephone directory on the same page or on a page 
adjacent to where the CPNI notice required by sec.26.122 of this title appears. 
The notice shall read as follows: 
Figure: 16 TAC sec.26.126(b). 
(c) Responsibilities of telephone solicitors. 
(1) Each telephone solicitor operating in this state who makes consumer 
telephone calls shall implement systems and procedures so that every effort is 
made not to call consumers who ask not to be called again. Upon request, a 
telephone solicitor shall provide a written description of such systems and 
procedures to the Public Utility Commission. 
(2) Every telephone solicitor must state the purpose of the call, the identity 
of the person and company or organization making the call, and a telephone 
number at which the person, company, or organization making the call may be 
reached, except where the provision of such information is prohibited under the 
federal Fair Debt Collection Practices Act (15 United States Code, sec.sec.1692, 
et seq.). 
(3) A telephone solicitor may not use any method, including per call blocking or 
per line blocking, that prevents caller identification information for the 
solicitor's lines from being shown by an end user's caller identification 
device. 
(4) The solicitor's displayed caller identification number must be one at which 
telephone calls may be received by end users if the solicitor leaves messages on 
end user answering machines or uses ADAD devices which play a recorded message. 
Solicitors must comply with this provision by September 1, 1998. 
(d) Penalties for non-compliance. Telephone solicitors who violate the 
provisions of subsection (c) of this section are subject to an administrative 
penalty not to exceed $1,000 for each day or portion of a day in which non-
compliance occurs. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on July 9, 1998.
TRD-9810871
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Earliest possible date of adoption: August 23, 1998
For further information, please call: (512) 936-7308

PART VI. Texas Motor Vehicle Board
CHAPTER 101. Practice and Procedure
SUBCHAPTER C. Adjudicative Proceedings and Hearings
16 TAC sec.101.67
The Texas Motor Vehicle Board proposes to adopt new sec.101.67, specifying the 
format for documents filed with the Board after a proposal for decision has been 
issued. This new section sets standards for document length, type size, margins, 
paper size and number of copies, as well as requiring citations to the 
evidentiary record in contested cases. Except for document length, the rule will 
not be strictly construed in cases brought in warranty performance cases (the 
Lemon Law) or where a party appears without legal representation. The section is 
proposed to standardize written submissions to the Motor Vehicle Board. 
Brett Bray, Director, Motor Vehicle Division, has determined that for the first 
five-year period the section is in effect there will be no fiscal implications 
for state or local government as a result of enforcing or administering the 
section. 
Mr. Bray has also determined that for each of the first five years the rule is 
in effect the public benefit anticipated from enforcement of the proposed rule 
will be balanced communication between interested parties and the Board 
regarding issues in contested cases. There will be no effect on small 
businesses. The anticipated economic cost to persons who must comply with the 
new section is the cost of providing additional copies of submissions for the 
Board's use. 
Comments on the proposed rule may be submitted to Brett Bray, Director, Motor 
Vehicle Division, P.O. Box 2293, Austin, Texas 78768. Please submit fifteen 
copies. The Texas Motor Vehicle Board will consider the final adoption of the 
proposed rule at its meeting on September 10, 1998. The deadline for receipt of 
comments is 5:00 p.m. on August 24, 1998.
The new rule is proposed under the Texas Motor Vehicle Commission Code, 
sec.3.06, which provides the Board with authority to adopt rules as necessary 
and convenient to effectuate the provisions of this act. Texas Motor Vehicle 
Commission Code sec.sec.101.9, 101.13, 101.60-101.64, 101.66 and 107.7 are 
affected by the proposed new rule. 

sec.101.67. Format for Documents Filed with the Board Subsequent to the Issuance 
of a Proposal for Decision.
(a) The total number of typewritten pages of a party's exceptions to proposals 
for decision and motions for rehearing must not exceed the total number of pages 
of the examiner's proposal for decision, and the total number of typewritten 
pages of a party's replies to exceptions and replies to motions for rehearing 
must not exceed three-fourths of the total number of pages of the examiner's 
proposal for decision, exclusive of pages containing the cover, index, table of 
authority, and attachments. The total number of pages of amicus briefs must not 
exceed three-fourths of the total number of pages of the examiner's proposal for 
decision, exclusive of pages containing the cover, index, table of authority, 
and attachments. In no event, such as when the examiner's proposal for decision 
is less than 15 pages, will this rule be construed to limit the length of a 
party's exception to a proposal for decision, motion for rehearing, or response 
thereto, to less than 10 pages. 
(b) Exceptions, motions for rehearing, replies to exceptions, replies to motions 
for rehearing, and amicus briefs shall be printed or typed on 8 1/2 inch by 11 
inch bond paper in no smaller than 11 point type with margins of at least one 
inch at the top, bottom, and each side. Pages shall be numbered in the 1 inch 
margin at the bottom of each page. All typewriting except block quotations and 
footnotes shall be double spaced. 
(c) Where applicable, when the exceptions, motions for rehearing, replies to 
exceptions, and replies to motions for rehearing refer to facts or testimony 
from the evidentiary record, these statements must be followed by a reference to 
the specific exhibit or page number in the transcript where the fact or 
testimony is found. 
(d) Each party or interested person shall file an original and 15 copies of its 
exceptions, motions for rehearing, replies to exceptions, replies to motions for 
rehearing, and amicus briefs. 
(e) Other than document length, the requirements in subsections (a)-(d) of this 
section are not to be strictly construed in cases brought under sec.6.07 (the 
Lemon Law) or sec.3.08(i) (warranty performance) of the Texas Motor Vehicle 
Commission Code or where a party appears pro se.
(f) The examiner, director, or Board have the sole right to examine and 
determine whether documents meet the requirements of this section. If a document 
fails to meet the requirements of this section, the examiner, director, or Board 
have the discretion to accept the document as written, consider only those pages 
which meet the requirements of this section, or direct the party to make 
whatever modifications necessary to substantially conform the document to the 
requirements of this section. Any motion or request to strike a document filed 
under this section for failure to meet the requirements of subsections (a)-(d) 
of this section will not be considered by the examiner, director, or Board. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on July 13, 1998.
TRD-9811026
Brett Bray
Director, Motor Vehicle Division
Texas Motor Vehicle Board
Proposed date of adoption: September 10, 1998
For further information, please call: (512) 416-4910

TITLE 22. EXAMINING BOARDS
PART III. Texas Board of Chiropractic Examiners
CHAPTER 71. Applications and Applicants
The Texas Board of Chiropractic Examiners proposes amendments to sec.sec.71.1-
71.3, 71.5-71.7, 71.10, and 71.11 and the repeal of sec.71.8 and sec.71.9, 
relating to applications and applicants in conjunction with its review of this 
chapter pursuant to the requirements of the Appropriations Act of 1997, House 
Bill 1, Article IX, sec.167. In accordance with sec.167, the board has reviewed 
this chapter and has determined that it should be readopted, in part, with 
changes to sec.sec.71.1-71.3, 71.5-71.7, 71.10, and 71.11. The board finds that 
the reasons for this chapter, with the proposed changes, continues to exist. The 
board has determined that sec.71.8 and sec.71.9 should be repealed because the 
reasons for these sections no longer exist. Section 71.6(j) and sec.71.10(b) and 
(c) are being deleted. 
The proposed amendments conform and clarify the rules as to current application 
and examination requirements and procedures. Other changes are proposed for 
further clarity, grammar and consistency. Specifically, in sec.71.1, a 
definition, and thus, a single abbreviated reference for the Chiropractic Act 
(Act), Texas Civil Statutes, Article 4512b, is proposed for uniformity and 
clarity. Presently, the Act is referenced in various forms throughout Chapter 
71. Other proposed amendments conform inconsistent references to the Act 
throughout Chapter 71 to the proposed abbreviated form. Definitions for the 
terms "executive director" and "licensee" are proposed for deletion. Throughout 
Chapter 71, the term "executive director" is proposed for change to the "board". 
A reference to a specific employee of the board is not required for the board to 
act through its authorized employees. Except for actions that require the 
governing body of the agency to act, the board's administrative responsibilities 
are generally delegated to the executive director and other staff, and they act 
on behalf of the board. The term "licensee" is not used in the substantive 
sections of this chapter; therefore, no definition is needed. 
In sec.71.2(b) and sec.71.10, changes are proposed to conform the sections' fee 
requirements with, as well as to simply refer to, sec.75.7, which sets out the 
board's current fee schedule. In sec.71.2(d), the 60-day deadline for submitting 
application materials is reduced to 30 days which provides the board with 
sufficient time to process applications prior to an examination.
The first sentence in sec.71.2(g) is proposed for deletion. The subject matter 
is addressed in sec.71.10; moreover, as written it implies that an applicant 
need not pay the reexamination fee for the first reexamination. This is 
incorrect and conflicts with sec.71.10. 
Two provisions in sec.71.6 are proposed for deletion since the reasons for the 
provisions no longer exist. A proposed amendment to subsection (c) deletes the 
board's duty to provide a schedule of each examination to examinees. This 
procedure applied when the board gave multiple examinations; it is not necessary 
currently in connection with the only board administered test, the jurisprudence 
examination. Subsection (j) is proposed for deletion, because it applied only 
through 1997. One other proposed amendment to sec.71.6 substitutes the term 
"examinee" for current references to "applicant" or "candidate". For clarity and 
consistency, "examinee" appears to be the more appropriate term. 
Section 71.8 is proposed for repeal. The reason for this section no longer 
exists. The board no longer administers the referenced examinations. The 
National Board Examination covers the test subjects listed in this section. The 
rule is, therefore, no longer needed. Section 71.9 is also proposed for repeal. 
The subject matter of sec.71.9(a), passing scores, is addressed in sec.71.6(b). 
The subject matter of subsection (b), the preparation of questions and grading 
of examinations, is not required to be in rule form; neither does the subsection 
reflect current board practice. Board examination questions are prepared and 
graded under the direction of the licensure and educational standards committee 
and the executive director. Therefore, neither subsections are needed. 
Other amendments to sec.71.10 are proposed, relating to re-taking the 
jurisprudence examination. As currently written, subsections (a) and (b) 
required reexamination of any board exam to occur within a year from the prior 
examination. If it was not, the examinee had to retake all board examinations. 
This restriction is not feasible with the single jurisprudence examination. 
Therefore, conforming amendments that reflect the change in examinations are 
proposed for sec.71.10(a), with no time restriction on reexamination, and 
subsection (b) is proposed for deletion. Subsection (c) is also proposed for 
deletion. The subsection allows applicants to take the jurisprudence examination 
in their final semester of chiropractic school. The Chiropractic Act (Act), 
sec.10(g), gives the board the discretion to allow last semester applicants to 
take the examination. The board has found that administration of the examination 
and the licensing process for such persons cannot be efficiently or accurately 
carried out. Difficulties obtaining verification of graduation from these 
persons frequently occur, once the examination had been taken and a license 
issued, which undermines the board procedures as well as the Act and board 
policy of licensing only qualified individuals. The board is, therefore, 
allowing examination only after, and upon proof of, graduation; however, the 
board currently gives the examination several times each year. Thus, the purpose 
behind subsection (c)--enabling graduates to meet license eligibility as soon as 
possible after graduation-is continued with multiple examination opportunities 
each year. A proposed amendment to subsection (d) deletes the provision 
providing for a hearing on disqualification for examination, if practical, 
before the scheduled examination. Hearings must be coordinated with the State 
Office of Administrative Hearings (SOAH) which is responsible for scheduling and 
presiding over hearings. Under the Administrative Procedure Act (APA), the board 
and other parties must also comply with certain procedural requirements and 
deadlines before a hearing is held. In reality, it is not feasible to provide 
for a hearing prior to the examination to which admission was denied; therefore, 
this provision has no practical application. With the number of examinations 
currently provided each year, a disqualified applicant can still take an 
examination within a relatively short period of time after the initial 
disqualification and hearing, if the disqualification is overturned. Another 
proposed amendment to subsection (b) gives notice that such hearings are subject 
to all the procedural requirements in the APA, which includes the right of the 
applicant to appear, testify and present evidence, the only procedural 
requirements in APA currently referenced in this subsection. 
Joyce Kershner, director of licensure has determined that for the first five 
year period the rules as amended are in effect, there will be no fiscal 
implications for state or local government, as a result of enforcing or 
administering the rules as amended. 
Ms. Kershner also has determined that for each year of the first five years the 
rules are in effect, the public benefit anticipated as a result of enforcing the 
rules as amended will be: that licensees and the public are provided better 
notice of the board's current application and examination process. There will be 
no added effect on small businesses versus that on larger businesses. Each 
licensee is subject to the same requirements, regardless of the size of their 
practice. There is no anticipated economic costs to persons who are required to 
comply with the amended rules inasmuch as the primary purpose of the proposal is 
to revise board rules to remove unnecessary language and to conform language to 
other related rules for consistency. 
Comments may be submitted, no later than 30 days form the date of this 
publication, to Dr. Keith Hubbard, D.C., Chairman, Rules Committee, Texas Board 
of Chiropractic Examiners, 333 Guadalupe, Tower III, Suite 825, Austin, Texas 
78701. 

22 TAC sec.sec.71.1-71.3, 71.5-71.7, 71.10, 71.11
The amendments are proposed under Texas Civil Statutes, Article 4512b, sec.4(c), 
sec.4a, which authorize the board to adopt rules necessary for performance of 
its duties, the regulation of the practice of chiropractic, and the enforcement 
of the Act, and sec.10, which sets out the board's duties relating to licensing, 
including subsection (c) which expressly authorizes the board to establish by 
rule the conditions under which an applicant may be reexamined, and subsection 
(g) which gives the board the discretion to allow last semester applicants to 
take the board examination. 
The following sections of Texas Civil Statutes, Article 4512b are affected by 
these proposed amendments: sec.sec.4(c), 4a, 10. 

sec.71.1. Definitions. 
The following words and terms, when used in this chapter, shall have the 
following meanings, unless the context clearly indicates otherwise. 
<nl>(1)<ol> Applicant--An individual who applies to take the examination for 
licensure given by the board. 
<nl>(2)<ol> Board--The Texas Board of Chiropractic Examiners. 
<nl>(3)<ol> Board member--One of the appointed members of the decision-making 
body defined in this section as the board. 
<nl>(4)<ol> Chiropractic Act - Texas Civil Statutes, Article 4512b. 
<nl>(5)<ol> Examinee--An individual who has been approved, admitted to, and/or 
has taken the examination given by the board.
[Executive Director --The Executive Director of the board. ]
[Licensee --An individual who has been granted a license to practice 
chiropractic by the Texas Board of Chiropractic Examiners and whose license is 
active and not under suspension.]

sec.71.2. Application for License.
(a) All individuals who wish to practice chiropractic in this state, and who are 
not otherwise licensed under law, must successfully pass an examination given by 
or at the direction of the <nl>board<ol> [Board]. 
(b) Individuals who seek to take such examination shall submit to the 
<nl>board<ol> [executive director] a written application, on a form provided by 
the board, accompanied by a nonrefundable <nl>fee for verification of 
educational courses/grades for<ol> college [credits verification fee of $50,] 
and an examination fee<nl>, in amounts provided by sec.75.7 of this title 
(relating to Fees).<ol> The information contained in the application shall be 
verified by affidavit of the applicant. <nl> Payment of fees<ol> [The college 
credit verification fee and the examination fee] shall be in the form of a bank-
certified check, cashier's check, or money order [and shall be] payable to the 
order of the board.
(c) Applications for examination must be legibly printed in ink or typewritten 
on the board form, which will be furnished by the <nl> board<ol> [executive 
director] upon request. 
(d) The completed application, required supporting materials, and fees must be 
received by the <nl>board<ol> [executive director] in verified form not later 
than <nl>30<ol> [60] days before the first day of the examination. Under 
extenuating circumstances, the <nl>board<ol> [Board or the Executive Director], 
at <nl> its<ol> [their] discretion, may accept material supporting the 
application later than <nl>30<ol> [60] days before the examination. 
(e) The filing of an application and tendering of the fees to the <nl>board<ol> 
[Texas Board of Chiropractic Examiners] shall not in any way obligate the board 
to admit the applicant to examination until such applicant has been approved by 
the board as meeting the statutory requirements for admission to the examination 
for licensure. 
(f) Any person furnishing false information on such application shall be denied 
the right to take the examination, or if the applicant has been licensed before 
it is made known to the board of the falseness of such information, such license 
shall be subject to suspension, revocation or cancellation in accordance with 
the <nl>Chiropractic<ol>Act, sec.14a. 
(g) [Any applicant required to take the examination any subsequent times after 
the second examination shall pay a fee of $275 to the board.] No application fee 
for examination will be returned to any applicant after the application has been 
approved by the board, because of the decision of the applicant not to 
<nl>take<ol> [sit for] the examination [or failure] for any reason [to take the 
examination]. 

sec.71.3. Qualifications of Applicants. 
All applicants must comply with the application process and qualification 
criteria of the <nl>Chiropractic Act<ol> [Texas Chiropractic Act, Article 
4512b], sec.10. 

sec.71.5. Approved Chiropractic Schools and Colleges.
(a) The board may annually review and approve those chiropractic schools whose 
graduates are eligible for examination and licensure under the provisions of 
<nl>Chiropractic Act<ol> [Texas Civil Statutes, Article 4512b], sec.10. 
(b) (No change.) 

sec.71.6. Time, Place, and Scope of Examination. 
(a) <nl>All<ol> [Except as provided in subsection (j) of this section, all] 
applicants shall take and pass Parts I, II, III, IV and Physiotherapy of the 
National Board Examination and the board's Jurisprudence Examination. 
(b) (No change.) 
(c) Regular jurisprudence examinations for licensure shall be given during the 
calendar year at the discretion of the board. All examinations shall be 
conducted in the English language. The board shall set the date, time, and place 
of each examination. [A schedule of each examination session will be furnished 
to each examinee at the beginning of the examination.
(d)-(f) (No change.) 
(g) <nl>Examinees<ol> [Applicants] shall not communicate any words or signs with 
another <nl>examinee<ol> [applicant] while the examination is in progress 
without the permission of the presiding examiner, nor leave the examination room 
except when so permitted by the presiding examiner. Violations of this rule 
shall subject the offender to expulsion. 
(h) One member of the board or a designee of the board shall at all times be in 
the examination room while the examination is in progress and no persons except 
<nl>examinees<ol> [applicants], board members, employees of the board or persons 
having the express permission of the board shall be permitted in the examination 
rooms. 
(i) When examination papers are delivered to the presiding examiner they become 
the property of the board or an agency designated by the board and shall not be 
returned to the <nl>examinee<ol> [applicant]. All test papers must be retained 
by the board or an agency designated by the board to be preserved for a period 
of one year after final grading in order to allow <nl>an examinee<ol> [a 
candidate] the opportunity to request an analysis of such person's performance, 
which request must be made in writing. 
[(j) Until January 1, 1997, in lieu of the examinations required in subsection 
(a) of this section an applicant may take and pass, with a score of 75% on each 
examination, the board's Jurisprudence, X-ray Written, X-ray Interpretation, and 
Clinical Competency examinations and with a score of 375 on each part, Parts I, 
II, III, IV and Physiotherapy of the National Board of Examination.] 
<nl>(j)<ol> [(k)] Each applicant having a passing score must request from the 
National Board that a true and correct copy of the score report showing the 
results of each part of the National Board Examination be sent to the board. 

sec.71.7. <nl>Jurisprudence Examination<ol> [Written Examinations]. 
(a) <nl>An applicant may not take the Jurisprudence Examination unless he or she 
has complied with all the requirements in the Chiropractic Act, sec.10, 
including having fulfilled the educational requirements of sec.10<ol> [An 
examinee shall comply with all requirements set forth in the Chiropractic Act of 
Texas, sec.10]. 
(b)-(c) (No change.) 
<nl>(d)<ol> The discretion of the board on examination matters, including 
grades, is final. 

sec.71.10. Reexaminations.
[(a)] An examinee who fails to satisfactorily pass an examination shall be 
permitted to take a subsequent examination [upon such parts required in the 
original examination in which the examinee did not make a grade of 75% or 
better], provided the examinee applies for reexamination and pays a [$75] 
reexamination fee <nl>as provided in sec.75.7 of this title (relating to 
Fees)<ol> [plus a professional fee of $200 for a total of $275 within one year 
from the date of the original examination, and provided further that the 
examinee takes the subsequent examination not later than one year from the date 
of the original examination.] An examinee shall be required to make a grade of 
75% or better <nl>on any subsequent examination<ol> [in each of the parts of the 
subsequent examination]. 
[(b) An examinee who fails to satisfactorily pass an examination, who does not 
apply for reexamination and pay the required reexamination fee within one year, 
and who does not take a subsequent examination not later than one year from the 
date of the original examination, must retake and satisfactorily pass the 
examination consisting of all parts described in sec.71.6 of this title 
(relating to Time, Place, and Scope of Examination).] 
[(c) To be eligible for licensure, examinees in their final semester of 
chiropractic school must satisfactorily complete the remaining course of study 
resulting in graduation from chiropractic college within six months from the 
date of successful completion of the examination for licensure. Failure to 
complete the course of study in the required time disqualifies the examinee for 
licensure until such time examinee retakes the examination and successfully 
passes all sections to once again be eligible for licensure.] 

sec.71.11. Disqualification To Take <nl>Jurisprudence<ol> Examination.
(a) An applicant who wishes to take an examination given by the board but who 
has been disqualified for failure to comply with <nl>this chapter (relating to 
Applications and Applicants), or <ol>[these sections or] for failure to meet the 
requirements of <nl>the Chiropractic Act <ol> [Texas Civil Statutes, Article 
4512b], shall be entitled to a hearing [in accordance with the procedural rules 
of the board] upon written request [for a hearing] <nl>to the board<ol> [made to 
the Board or Executive Director] by the applicant. 
(b) The applicant shall be given at least ten days notice of the date, time, and 
place of the hearing unless such notice is waived in writing by the applicant. 
[If practicable, the hearing should be held before the time of the examination 
which applicant has applied to take.] <nl> A hearing under this section is 
subject to the Administrative Procedure Act. <ol> [The applicant will be 
entitled to appear at the hearing and present evidence and be examined under 
oath.] 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on July 13, 1998.
TRD-9811039
Joyce Kershner
Director of Licensure
Texas Board of Chiropractic Examiners
Earliest possible date of adoption: August 23, 1998
For further information, please call: (512) 305-6700

22 TAC sec.71.8, sec.71.9
(Editor's note: The text of the following sections proposed for repeal will not 
be published. The sections may be examined in the offices of the Texas Board of 
Chiropractic Examiners or in the Texas Register office, Room 245, James Earl 
Rudder Building, 1019 Brazos Street, Austin.)
The repeals are proposed under Texas Civil Statutes, Article 4512b, sec.4(c), 
sec.4a, which authorize the board to adopt rules necessary for performance of 
its duties, the regulation of the practice of chiropractic, and the enforcement 
of the Act, and sec.10, which sets out the board's duties relating to licensing, 
including subsection (c) which expressly authorizes the board to establish by 
rule the conditions under which an applicant may be reexamined, and subsection 
(g) which gives the board the discretion to allow last semester applicants to 
take the board examination. 
The following sections of Texas Civil Statutes, Article 4512b are affected by 
these proposed repeals: sec.sec.4(c), 4a, 10. 
sec.71.8. Practical and Theoretical Examinations. 
sec.71.9. Grade Requirements. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on July 13, 1998.
TRD-9811038
Joyce Kershner
Director of Licensure
Texas Board of Chiropractic Examiners
Earliest possible date of adoption: August 23, 1998
For further information, please call: (512) 305-6700

PART XXXVII. Texas Board of Orthotics and Prosthetics
CHAPTER 821. Orthotics and Prosthetics
22 TAC sec.sec.821.1-821.7, 821.9, 821.11, 821.13, 821.15, 821.17, 821.19, 
821.21, 821.23, 821.25, 821.27, 821.29, 821.31, 821.33, 821.35, 821.37, 821.39, 
821.41, 821.43, 821.45, 821.47, 821.49, 821.51, 821.53, 821.55, and 821.57
The Texas Board of Orthotics and Prosthetics (board) proposes new sec.sec.821.1-
821.7, 821.9, 821.11, 821.13, 821.15, 821.17, 821.19, 821.21, 821.23, 821.25, 
821.27, 821.29, 821.31, 821.33, 821.35, 821.37, 821.39, 821.41, 821.43, 821.45, 
821.47, 821.49, 821.51, 821.53, 821.55, and 821.57 concerning the regulation and 
licensing of prosthetists and orthotists. 
Specifically, the sections cover introduction; definitions; board operations; 
public information; fees; general application procedures; general licensing 
procedures; examinations for licensure as a prosthetist, orthotist, or 
prosthetist/orthotist; licensing by exemption from the licensing requirements; 
license by examination under special conditions requiring application by the 
181st day after rules are adopted; acquiring licensure as a uniquely qualified 
person; licensing by examination; licensed prosthetist assistant, licensed 
orthotist assistant, or licensed prosthetist/orthotist assistant; technician 
registration; temporary license; provisional license; student registration; 
accreditation of prosthetic and orthotic facilities; standards, guidelines, and 
procedures for a professional clinical residency; license renewal; continuing 
education; change of name and address; complaints; professional standards and 
disciplinary provisions; licensing persons with criminal backgrounds; default 
orders; surrender of license; suspension of license for failure to pay child 
support; civil penalty; program accessibility; consumer notification; and 
petition for the adoption of a rule. 
The Orthotics and Prosthetics Act, Texas Civil Statutes, Article 8920, Senate 
Bill 291, 75th Texas Legislature, Regular Session, 1997, established the Texas 
Board of Orthotics and Prosthetics and delineated its duties and powers. These 
rules will further describe these duties and powers. 
Donna Flippin, Executive Director, has determined that for the first five-year 
period the sections are in effect, fiscal implications will occur from enforcing 
or administering the sections as proposed. The new licensing and accreditation 
fees are projected to generate additional revenues of $241,850 in fiscal year 
(FY) 1999, $105,675 in FY 2000, $180,425 in FY 2001, $114,275 in FY 2002, and 
$197,875 in FY 2003 for state government, which will offset the costs of 
administering these rules. No fiscal implications for local governments are 
expected. 
Donna Flippin, Executive Director, has also determined that for each year of the 
first five years the sections are in effect, the anticipated public benefit as a 
result of enforcing or administering the sections will be better quality of care 
in the professions, higher standards of ethics, and a process by which comments, 
concerns, and complaints about practitioners, ancillary personnel, and 
facilities will be accepted. The anticipated economic costs for persons who are 
required to comply with the sections as proposed include licensing, examination, 
and accreditation fees. Other indeterminate costs are expected, including the 
time and cost of gathering documentation that shows that a person qualifies for 
licensure or registration. The board is unable to determine the cost of 
complying with the accreditation standards and the cost of complying with the 
clinical residency standards due to many unknown variables. There may be costs 
to small and large businesses, including the licensing and registration fees for 
staff, the cost of compliance with facility accreditation standards, 
accreditation fees, and the cost of compliance with the professional residency 
requirements if the facility employs a person with a student registration. The 
costs will vary from situation to situation and will depend on the types of 
licenses needed by staff and the circumstances at each prosthetic or orthotic 
facility. Specific examination fees have not been determined at this time as the 
board has not entered into a contractual agreement for the examination. The 
examination fee will be determined by the examination contract, the cost of a 
cut-score study for Texas examinees, plus an administrative fee for handling 
examination applications, administering the examination, scoring, and reporting 
examination results. No anticipated impact on local employment is foreseen. 
Comments on the proposal may be submitted to Donna S. Flippin, MHSM, Executive 
Director, Texas Board of Orthotics and Prosthetics, 1100 West 49th Street, 
Austin, Texas 78756-3183, (512) 834-4520. Comments will be accepted for 30 days 
following this proposal's publication in the Texas Register. A public hearing 
has been scheduled for Friday, August 7, 1998, 9:00 a.m., at the San Antonio 
Airport Hilton, 611 NW Loop 410, San Antonio, Texas 78216. 
The new sections are proposed under Texas Civil Statutes, Article 8920, 
sec.5(f), which provides the Texas Board of Orthotics and Prosthetics with the 
authority to adopt rules concerning the regulation and licensing of prosthetists 
and orthotists. 
The new sections affect the Orthotics and Prosthetics Act, Texas Civil Statutes, 
Article 8920. 

sec.821.1. Introduction.
(a) Purpose. This chapter implements the Texas Orthotics and Prosthetics Act, 
Texas Civil Statutes, Article 8920, relating to prosthetic and orthotic 
regulation. 
(b) Content. These sections cover definitions; powers and duties of the board; 
organization of the board; fees; application requirements and procedures for 
licensing prosthetists and orthotists; application requirements for 
provisionally licensing prosthetists and orthotists; application requirements 
for temporary licensing prosthetists and orthotists; application requirements 
for licensing orthotist and prosthetist assistants; application requirements for 
registering orthotist and prosthetist technicians; application requirements for 
registering orthotist and prosthetist students; application requirements for 
accreditation of prosthetic and orthotic facilities; issuance of licenses, 
temporary licenses, registrations, and accreditations, exemptions to licensure, 
registration and accreditation; continuing education for license renewal; 
display of license; registration or accreditation; renewal of license, 
registration or accreditation; changes in name or address; professional and 
ethical standards; violations, complaints and disciplinary actions; licensing or 
registration of persons with criminal backgrounds; and petition for rule making. 

sec.821.2. Definitions. 
The following words and terms, when used in these rules, shall have the 
following meanings, unless the context clearly suggests otherwise. Words and 
terms defined in the Orthotics and Prosthetics Act shall have the same meaning 
in these rules. 
(1) Act - The Orthotics and Prosthetics Act, Texas Civil Statutes, Article 8920. 
(2) Ancillary patient care service - Includes the clinical and technical 
activities associated with the provision of prosthetic and orthotic services 
except: initial patient assessment; and initial and final evaluation and 
critique of fit and function of the orthosis or prosthesis. 
(3) Board - The Texas Board of Orthotics and Prosthetics.
(4) CAAHEP - The Commission on Accreditation of Allied Health Education 
Programs. 
(5) Clinical residency for an assistant - An assistant-level experience of at 
least 500 hours directly supervised by a practitioner or a licensed assistant. 
(6) Clinical residency for a professional - A professional practitioner-level 
experience supervised by a practitioner in an accredited facility. 
(7) Clinical resident - A person who is completing a clinical residency for a 
professional or a clinical residency for an assistant.
(8) Comprehensive orthotic care - Includes: the evaluation of patients with a 
wide range of lower limb, upper limb and spinal pathomechanical conditions; the 
taking of measurements and impressions of the involved body segments; the 
synthesis of observations and measurements into a custom orthotic design; the 
selection of materials and components; the fabrication of therapeutic or 
functional orthoses including plastic forming, metal contouring, upholstering 
and assembling; the fitting and critique of the orthosis; the appropriate 
follow-up, adjustments, modifications and revisions in an orthotic facility; the 
instructing of patients in the use and care of the orthoses; the maintaining of 
current encounter notes and patient records. The practitioner with comprehensive 
orthotic care experience must, within the limits set by the Texas Board of 
Orthotics and Prosthetics, apply all of the aforementioned experiential elements 
to the orthoses listed below. At least two-thirds of the orthoses must be 
included: foot orthosis; ankle-foot orthosis; knee-ankle-foot orthosis; hip-
knee-ankle-foot orthosis; hip orthosis; knee orthosis; cervical orthosis; 
cervical-thoracic orthosis; thoracic-lumbar-sacral orthosis; lumbar-sacral 
orthosis; cervical-thoracic-lumbar-sacral orthosis; hand orthosis; wrist-hand 
orthosis; shoulder-elbow orthosis; shoulder-elbow-wrist-hand orthosis. 
(9) Comprehensive prosthetic care - Includes: the evaluation of patients with a 
wide range of upper and lower limb deficiencies; the taking of measurements and 
impressions of the involved body segments; the synthesis of observations and 
measurements onto a custom prosthetic design; the selection of materials and 
components; the fabrication of functional prostheses including plastic forming, 
metal contouring, upholstering, assembly, and aligning; the fitting and critique 
of the prosthesis; the appropriate follow-up, adjustments, modifications and 
revisions in a prosthetic facility; the instructing of patients in the use and 
care of the prosthesis; and the maintaining of current encounter notes and 
patient records. The practitioner with comprehensive prosthetic care experience 
must, within the limits set by the Texas Board of Orthotics and Prosthetics, 
apply all of the aforementioned experiential elements to the prostheses listed 
below. At least two-thirds of the prostheses must be included: wrist 
disarticulation prosthesis; below elbow prosthesis; above elbow prosthesis; 
shoulder disarticulation prosthesis; partial foot prosthesis; symes prosthesis; 
below knee prosthesis; above knee prosthesis; hip disarticulation prosthesis. 
(10) Critical care events - Initial patient assessment, initial evaluation and 
critique of fit and function, or final evaluation and critique of fit and 
function. 
(11) Custom-fabricated - A prosthesis or orthosis has been designed, prescribed, 
fabricated, fitted, and aligned specifically for an individual following sound 
biomechanical principles. 
(12) Custom-fitted - A prosthesis or orthosis prescribed, adjusted, fitted, and 
aligned for a specific individual according to sound biomechanical principles. 
(13) Department - Texas Department of Health. 
(14) Direct supervision - Supervision provided a clinical resident throughout 
the fitting and delivery process, including oversight of results and signing-off 
on all aspects of fitting and delivery before dismissal of the patient. The 
supervisor must review, edit, and countersign patient care notes made by the 
clinical resident. 
(15) Indirect supervision - Supervision provided to a clinical resident by a 
practitioner or licensed assistant (if the clinical residency is for an 
assistant) who is available to provide oversight within sixty minutes during the 
fitting and delivery process. Indirect supervision is not appropriate for 
critical care events. 
(16) License - Includes a license, registration, certificate, accreditation, or 
other authorization issued under this Act to engage in an activity regulated 
under this Act. 
(17) Licensed orthotist (LO) - A person licensed under this Act who practices 
orthotics, and represents the person to the public by a title or description of 
services that includes the term "orthotics," "orthotist," "brace," "orthoses," 
"orthotic," or a similar title or description of services. 
(18) Licensed orthotist assistant (LOA) - A person licensed under this Act who 
helps and is supervised at a prosthetic and orthotic facility by a licensed 
orthotist responsible for the assistant's acts. 
(19) Licensed prosthetist (LP) - A person licensed under this Act who practices 
prosthetics and represents the person to the public by a title or description of 
services that includes the term "prosthetist," "prostheses," "prosthetic," 
"artificial limbs," or a similar title or description of services. 
(20) Licensed prosthetist assistant (LPA) - A person licensed under this Act who 
helps and is supervised at a prosthetic and orthotic facility by a licensed 
prosthetist responsible for the assistant's acts. 
(21) Licensed prosthetist/orthotist (LPO) - A person licensed under this Act who 
practices both prosthetics and orthotics and represents the person to the public 
by a title or description of services that includes the terms 
"prosthetics/orthotics," "prosthetist/orthotist," "prosthetic/orthotic," 
"artificial limbs," "brace," or a similar title or description of services.
(22) Licensed prosthetist/orthotist assistant (LPOA) - A person licensed under 
this Act who helps and is supervised at a prosthetic and orthotic facility by a 
licensed prosthetist orthotist or a licensed prosthetist and licensed orthotist 
responsible for the assistant's acts. 
(23) Licensee - Includes a person or facility to whom a license, registration or 
accreditation was issued, to engage in an activity regulated under this Act. 
(24) Orthosis - A custom-fabricated or custom-fitted medical device designed to 
provide for the support, alignment, prevention, or correction of neuromuscular 
musculoskeletal disease, injury, or deformity. The term does not include a 
fabric or elastic support, corsets, arch support, low-temperature plastic 
splints, a truss, elastic hose, cane, crutch, soft cervical collars, orthosis 
for diagnostic or evaluation purposes, dental appliance, or other similar 
devices carried in stock and sold by a drugstore, department store, or corset 
shop. 
(25) Orthotic facility - A physical site, including a building or office, where 
the orthotic profession and practice normally take place. 
(26) Orthotics - The science and practice of measuring, designing, fabricating, 
assembling, fitting, adjusting, or servicing an orthosis under an order from a 
licensed physician, chiropractor, or podiatrist for the correction or 
alleviation of neuromuscular or musculoskeletal dysfunction, disease, injury, or 
deformity. 
(27) Orthotist in charge - An orthotist who is designated on the application for 
accreditation as the one who has the authority and responsibility for the 
facility's compliance with the Act and rules concerning the orthotic practice in 
the facility. 
(28) Person - An individual, corporation, partnership, association, or other 
organization. 
(29) Practitioner - Until October 1, 1998, a person who is eligible for 
licensure under the Act as a prosthetist, orthotist, or prosthetist/orthotist. 
After October 1, 1998, a person licensed under the Act as a prosthetist, 
orthotist, or prosthetist/orthotist. 
(30) Profession of prosthetics or orthotics - Allied health care medical 
services used to identify, prevent, correct, or alleviate acute or chronic 
neuromuscular or musculoskeletal dysfunctions of the human body that support and 
provide rehabilitative health care services concerned with the restoration of 
function, prevention, or progression of disabilities resulting from disease, 
injury, or congenital anomalies. Prosthetic and orthotic services include direct 
patient care, including consultation, evaluation, treatment, education, and 
advice to maximize the rehabilitation potential of disabled individuals. 
(31) Prosthesis - A custom-fabricated or fitted medical device that is not 
surgically implanted and replaces a missing limb, appendage, or other external 
human body part, including an artificial limb, hand, or foot. The term does not 
include an artificial eye, ear, finger, or toe, a dental appliance, a cosmetic 
device, including an artificial breast, eyelash, or wig, or other device that 
does not have a significant impact on the musculoskeletal functions of the body. 
(32) Prosthetics - The science and practice of measuring, designing, 
fabricating, assembling, fitting, adjusting, or servicing a prosthesis under an 
order from a licensed physician chiropractor, or podiatrist. 
(33) Prosthetic facility - A physical site, including a building or office, 
where the profession and practice of prosthetics normally take place. 
(34) Prosthetist in charge - A prosthetist who is designated on the application 
for accreditation as the one who has the authority and responsibility for the 
facility's compliance with the Act and rules concerning the practice of 
prosthetics in the facility. 
(35) Registered orthotic technician - A person registered under this Act who 
fabricates, assembles, and services orthoses under the direction of a licensed 
orthotist or licensed orthotist assistant responsible for the acts of the 
technician. 
(36) Registered prosthetic technician - A person registered under this Act who 
fabricates, assembles, or services prostheses under the direction of a licensed 
prosthetist or licensed prosthetist assistant responsible for the acts of a 
technician. 
(37) Registered prosthetic/orthotic technician - A person registered under this 
Act who fabricates, assembles, or services prostheses and orthoses under the 
direction of an orthotist and licensed prosthetist, a licensed prosthetist 
orthotist, or a licensed orthotist assistant, licensed prosthetist assistant, or 
licensed prosthetist orthotist assistant responsible for the acts of the 
technician. 
(38) Texas resident - A person whose home or fixed place of habitation to which 
one returns after a temporary absence is in Texas.

sec.821.3. Board's Operation.
(a) Purpose. This section sets out the organization and administration and other 
general procedures and policies governing the operation of the board.
(b) Officers. 
(1) Presiding officer. 
(A) The presiding officer shall preside at board meetings where he or she is 
present and perform the duties prescribed by law or board rules. 
(B) The board authorizes the presiding officer to make day-to-day minor 
decisions regarding board activities to aid the responsiveness and effectiveness 
of the board. 
(C) The presiding officer shall serve as an ex-officio member of all committees 
except the Complaint Liaison Group. 
(2) Secretary. 
(A) The secretary shall perform the duties of the presiding officer in case of 
the absence or disability of the presiding officer. 
(B) In case the office of presiding officer becomes vacant, the secretary shall 
serve in that position until a successor is elected. 
(c) Meetings. 
(1) The board shall hold at least one regular meeting and additional meetings as 
necessary during each year ending on August 31, at those designated dates, 
places, and times as the presiding officer may determine.
(2) The presiding officer may call special meetings at those times, dates, and 
places as become necessary for board business. 
(3) Meetings shall be announced and conducted under the provisions of the Open 
Meetings Act, Government Code, Chapter 551. 
(d) Quorum. A quorum of four board members is necessary to conduct official 
business. 
(e) Transaction of official business. 
(1) The board may transact official business only when in a legally constituted 
meeting with a quorum present. 
(2) Statements or actions of board or staff members shall not bind the board 
unless a statement or action is in the pursuance of specific instructions of the 
board. 
(3) Board action shall require a majority vote of those members present and 
voting. 
(f) Policy against discrimination. The board shall discharge its statutory 
authority without discrimination based on a person's race, color, disability, 
sex, religion, age, or national origin. 
(g) Impartiality. A board member who is unable to be impartial in board 
proceedings, such as that concerning an applicant's eligibility for licensure or 
a complaint against or a violation by a licensee, shall so declare this to the 
board and shall not participate in board proceedings involving that individual. 
(h) Attendance. 
(1) Board members shall attend all regularly scheduled board and committee 
meetings. 
(2) A board member may be removed from the board if the member is absent for 
more than 50% of the regularly scheduled board meetings the member is eligible 
to attend during a calendar year. 
(3) The board may report the attendance records of members to the governor and 
the Texas Sunset Advisory Commission. 
(i) Reimbursement for expense. 
(1) A board member is entitled to a lodging and meals per diem payment at the 
board member rate set by the current General Appropriations Act passed by the 
Texas Legislature. 
(2) A board member is entitled to compensation for transportation expenses, at 
the rate designated for state employees by the current General Appropriations 
Act passed by the Texas Legislature. 
(3) Payment to board members of per diem and transportation expenses shall be 
requested on official state travel vouchers that the executive director has 
approved. 
(4) A board member is entitled to a compensatory per diem as authorized by 
Government Code, sec.659.032. 
(5) The associate commissioner for health care quality and standards of the 
department, or his or her designee, shall approve board-approved requests 
prepared on appropriate forms from staff for out-of-state travel for board 
activities. 
(6) Attendance at conventions, meetings, and seminars must be clearly related to 
the performance of board duties and show benefit to the state. 
(j) Rules of order. The latest edition of Roberts Rules of Order, Newly Revised, 
shall be the basis of parliamentary decisions except where otherwise provided by 
these rules. 
(k) Agendas. 
(1) The executive director shall prepare and submit to the board members, before 
each meeting, an agenda that includes items requested by members, items required 
by law, unfinished business, and other matters of board business that the 
presiding officer has approved for discussion.
(2) The official agenda of a meeting shall be filed with the Texas Secretary of 
State in accordance with the Open Meetings Act, Government Code, Chapter 551. 
(l) Minutes. 
(1) Drafts of the meeting minutes shall be forwarded to the board members for 
review and comments before board approval. 
(2) After approval by the board, the minutes of board meetings are official only 
when affixed with the original signatures of the presiding officer and the 
executive director. 
(3) The official minutes of board meetings shall be kept in the board office and 
shall be available to anyone wanting to examine them during regular office 
hours. 
(m) Elections. 
(1) At the meeting held nearest to August 31 of the odd-numbered years, the 
board shall elect by a majority vote of those members present and voting, a 
presiding officer and a secretary. 
(2) A vacancy that occurs in the offices of presiding officer and secretary 
shall be filled, for the duration of the unexpired term, by a majority vote of 
those members present and voting at the next board meeting.
(3) A board member shall not serve more than two consecutive terms in the office 
of presiding officer or secretary. 
(n) Committees. 
(1) The board, or the presiding officer with the approval of the board, may 
establish committees deemed necessary to help the board in carrying out its 
duties and responsibilities. 
(2) The presiding officer may appoint the members of the board to serve on 
committees and may designate the committee presiding officer. 
(3) The presiding officer of the board may appoint nonboard members to serve as 
committee members on a consultant or voluntary basis, subject to board approval. 
(4) Committee chairs shall make regular reports to the board in interim written 
reports and/or at regular meetings, as needed. 
(5) Committees shall direct reports or other materials to the executive director 
for distribution. 
(6) Committees shall meet when called by the presiding officer of the committee 
or when so directed by the board. 
(7) At a minimum, the presiding officer shall appoint the following standing 
committees. 
(A) The rules committee shall be composed of two board members who are licensed 
prosthetists or licensed orthotists and one public member of the board. The 
committee shall review the board rules at least once annually to ensure that the 
rules are current in relation to prosthetic and orthotic practice. The committee 
may recommend adoption of rules to the board. The committee shall consider 
petitions for adoption of rules and shall recommend disposition of these 
petitions to the board. 
(B) The education and facility standards committee shall be composed of three 
board members who are licensed prosthetists or licensed orthotists. The 
committee shall periodically review board rules relating to educational 
standards for training students in prosthetic and orthotic practices, rules 
relating to continuing education, and rules relating to facility accreditation. 
The committee may recommend adoption of rules to the rules committee. 
(C) The consumer information committee shall be composed of two board members 
who are licensed prosthetists or licensed orthotists and one public member of 
the board. The committee shall recommend to the board for approval, action 
regarding proposed publications. The committee shall recommend to the executive 
director the publication of board approved consumer information related to the 
board and shall guide the preparation of consumer information related 
publications. 
(o) Official seal. The board shall adopt an official seal. Only the board may 
use the official board seal. 
(p) Consumer information. The executive director with the approval of the board 
shall publish information of consumer interest, which describes the regulatory 
functions of the board, board procedures to handle and resolve consumer 
complaints, and the prosthetic and orthotic professions.

sec.821.4. Public Information.
(a) Public Information Committee. The board shall maintain the Public 
Information Committee as a standing and permanent committee of the board. The 
responsibilities and authority of the Public Information Committee include those 
duties and powers set forth in the following, and other responsibilities and 
authority that the board from time to time may delegate: 
(1) develop informational brochures for distribution to the public; 
(2) review and make recommendations to the board regarding press releases, 
newsletters, and other publications; 
(3) exhibit display booths at conventions; 
(4) study and make recommendations to the board regarding public information or 
public relations; and 
(5) make recommendations to the board regarding matters reported to the Public 
Information Committee. 
(b) Requests for information. The public may obtain copies of board newsletters, 
brochures, pamphlets, press releases and other board publications by written 
request to the attention of the executive director or the Public Information 
Committee at the board's current mailing address.
(1) Public records of the board may be obtained to the extent allowed by law 
through a written request pursuant to the Open Records Act, Government Code, 
Chapter 552 submitted to the attention of the executive director at the board's 
current mailing address. 
(2) Providing written materials or records provided in carrying out a request 
made under these rules shall be subject to applicable charges. The Texas 
Department of Health (department) will establish the charge to persons 
requesting copies of the Texas Board of Orthotics and Prosthetics public 
records. 
(3) Charges for routinely requested items shall be based upon the charges 
established by the department. A current price list may be requested from the 
executive director of the board. Upon written request, the board shall provide 
copies of routinely requested items, which shall include, but not be limited to, 
the following: 
(A) the Orthotics and Prosthetics Act; 
(B) board rules; 
(C) board meeting agendas; 
(D) board meeting minutes; or 
(E) files of individual licensees. 
(4) Upon written request, the executive director will certify public records of 
the board. The cost for certifying copies of public records provided pursuant to 
the Open Records Act shall be $5.00 per record or document. This cost shall be 
in addition to other costs charged for providing the requested document or 
record, including, but not limited to, copying, retrieving, or mailing of the 
document or record. 
(5) Copies of public records shall be furnished without charge or at a reduced 
charge if the executive director determines that waiver or reduction of the fee 
is in the public interest, and that furnishing the information can be considered 
as primarily benefiting the public. 
(c) Official records. 
(1) Official records of the board including application materials shall be open 
for inspection during regular office hours, except files containing information 
considered confidential under the provisions of the Open Records Act, Government 
Code, Chapter 552, and the Family Educational Rights and Privacy Act of 1974, 20 
United States Code sec.1232g. 
(2) A person wanting to examine official records shall be required to identify 
himself and sign statements listing the records requested and examined. 
(3) Official records may not be taken from board offices. However, persons may 
obtain photocopies of files upon written request and by paying the cost per page 
set by the department. Payment shall be made before release of the records. 

sec.821.5. Fees. 
(a) General. Unless otherwise specified, the fees established in this section 
must be paid to the board before a license, registration, or accreditation is 
issued. Fees may be submitted as a personal check, business check, money order, 
or certified check if paid by mail. If submitted in person, the cashier may 
accept cash. Fees are non-refundable. 
(b) Schedule of fees. The board has established the schedule of fees as follows: 
(1) prosthetist or orthotist license or license renewal - $300; 
(2) prosthetist/orthotist license or license renewal - $400; 
(3) prosthetist or orthotist assistant license or license renewal - $200; 
(4) prosthetist/orthotist assistant license or license renewal - $250; 
(5) prosthetic and orthotic technician registration or registration renewal - 
$75; 
(6) prosthetic/orthotic technician registration or registration renewal - $100; 
(7) prosthetic and orthotic student registration or registration renewal - $100; 
(8) prosthetic/orthotic student registration or registration renewal - $150; 
(9) prosthetist or orthotist temporary license or temporary license renewal - 
$150; 
(10) prosthetist/orthotist temporary license or temporary license renewal - 
$200; 
(11) prosthetist or orthotist provisional license or provisional license renewal 
- $300; 
(12) prosthetist/orthotist provisional license or provisional license renewal - 
$400; 
(13) prosthetic and orthotic facility accreditation or accreditation renewal - 
$350; 
(14) prosthetic/orthotic facility accreditation or accreditation renewal - $500; 
(15) license, registration, or accreditation duplicate or replacement - $25; 
(16) orthotic examination - shall be determined by the Texas Department of 
Health (department) and shall consist of the examination fee in accordance with 
the current examination contract plus an administrative fee; 
(17) prosthetic examination - shall be determined by the department and shall 
consist of the examination fee in accordance with the current examination 
contract plus an administrative fee; 
(18) prosthetic/orthotic examination (when taken on the same or consecutive 
days) - shall be determined by the department and shall consist of the 
examination fee in accordance with the current examination contract plus an 
administrative fee; and 
(19) returned check - $25. 
(c) Returned checks. Returned checks will be subject to the following procedure: 
(1) A licensee, registrant, or accredited facilities, whose check is returned 
due to insufficient funds, account closed, payment stopped, or other reason, 
shall remit a money order or check for guaranteed funds to the board within 30 
days of the date of the board's notice. 
(2) The application or renewal shall be considered incomplete until the 
replacement fee has been received and cleared through the appropriate financial 
institutions. 
(3) If a license, registration, accreditation, or renewal has already been 
issued, it shall be invalid until the replacement fee is received. 
(4) If a money order or check for guaranteed funds is not received within thirty 
days of the date of the board's notice, the board shall notify the employer of 
the person whose application is incomplete or whose license, registration, or 
accreditation has been invalidated due to a returned check. 
(d) Review of the fee schedule. The executive director shall make periodic 
reviews of the fee schedule and recommend adjustments necessary to provide 
sufficient funds to meet the expenses of the board without creating an 
unnecessary surplus. Adjustments shall be made through rule amendments approved 
by the board. 

sec.821.6. General Application Procedures.
(a) Purpose. The purpose of this section is to set out the application 
procedures, provided for in the Act, under sec.sec.23-25 and sec.sec.28-30. 
Unless the context clearly shows otherwise, use of the terms license, licensure, 
and licensing shall apply to both licenses and registrations.
(b) General. 
(1) Unless otherwise indicated, an applicant must submit the required 
information and documentation of credentials on official board forms.
(2) The board office will accept completed applications from persons seeking 
licensure under the Act. 
(3) The board will not consider an application as officially submitted until the 
applicant pays the application fee. The initial licensing fee must accompany the 
application form, as set out in sec.821.5 of this title (relating to Fees). 
(4) The executive director shall review the applications for conformity with the 
rules governing applications. The executive director will send a notice listing 
the additional materials required to applicants who do not complete the 
application. An application not completed within 30 days after the date of the 
board's notice may be voided. 
(5) Family Code sec.231.02 requires the disclosure of the applicant's social 
security number. Social security numbers are used for identification purposes 
and are confidential except to the child support enforcement division of the 
Office of the Attorney General. 
(c) Required application materials. 
(1) The application form shall contain: 
(A) specific information regarding personal data, social security number, birth 
date, place of employment, a list of all previous jobs held during the six-year 
period prior to the date of application to the board, licenses and 
certifications issued to the applicant, misdemeanor and felony convictions, 
educational and training background; 
(B) information regarding Texas residency at the time of application, if 
required to qualify for licensure; 
(C) specific and complete information regarding prosthetic and/or orthotic work 
experience to include: 
(i) verifiable information regarding length of time the applicant provided 
comprehensive prosthetic or orthotic care as defined in sec.821.2 of this title 
(relating to Definitions) in the State of Texas and outside the State of Texas; 
(ii) verifiable information regarding length of the applicant experience as a 
prosthetic or orthotic assistant or technician; and 
(iii) names and addresses of two persons who are either a licensed physician or 
a practitioner, as set out in sec.821.2 of this title, who will attest to the 
applicant's comprehensive prosthetic and/or orthotic care. 
(D) a statement that the applicant has read and agrees to abide by the Orthotics 
and Prosthetics Act and board rules; 
(E) the applicant's permission for the board to obtain information or references 
it deems fit to decide the applicant's qualifications and fitness before or 
after the board issues the license;
(F) a statement that the information in the application is truthful and that the 
applicant understands that providing false or misleading information that is 
material in determining the applicant's qualifications may result in the voiding 
of the application and failure to grant a license or the revocation of a license 
issued; 
(G) a statement that the applicant shall advise the board of his or her current 
mailing address within 30 days of an address change;
(H) a statement that the applicant, if issued a license, shall return the 
license to the board upon the surrender, revocation or suspension of the 
license; 
(I) a statement that the applicant understands that fees submitted in the 
licensure process are not refundable, unless the processing time is exceeded 
without good cause as set out in subsection (i)(2)(A-B) of this section;
(J) a statement that the applicant understands that materials submitted in the 
licensure process become the property of the board and are not returnable; and 
(K) the signature of the applicant, dated and notarized. 
(2) The board will accept as proof of completion of a degree or course work an 
official transcript from regionally accredited college or university. 
(3) Applicants shall be responsible for submitting board reference forms from a 
total of two licensed physicians or practitioners who can attest to the 
applicant's skills and professional standards of comprehensive prosthetic and/or 
orthotic practice. 
(4) One passport-type photograph, 1-1/2 inches by 1-1/2 inches minimum in size, 
taken within the two year period before application, signed on the reverse side 
with the applicant's signature as it appears on the application. 
(5) Information concerning licenses, certificates or registrations issued to the 
applicant by other organizations, states, territories, or jurisdictions on 
official board forms. 
(6) The assistant applicant must sign a statement acknowledging that he or she 
may only practice within their scope of practice, under the clinical supervision 
of a licensed prosthetist, licensed orthotist, or licensed prosthetist/orthotist 
whose license is current, otherwise the assistant is subject to disciplinary 
action as set forth in sec.821.39 of this title (relating to Complaints). This 
statement must include the names and signatures of the clinical supervisors and 
must have been executed within 30 days of the date the applicant submitted the 
application to the board. 
(7) The technician applicant must sign a statement acknowledging that he or she 
may only practice within their scope of practice, under the clinical supervision 
of a licensed prosthetist, licensed orthotist, or licensed prosthetist/orthotist 
whose license is current, otherwise the technician is subject to disciplinary 
action as set forth in sec.821.39 of this title. This statement must include the 
names and signatures of the clinical supervisors and must have been executed 
within 30 days of the date the applicant submitted the application to the board. 
(8) At the time of application, an applicant for a license as a prosthetist, 
orthotist, or prosthetist/orthotist must submit with the application the names 
of assistants, technicians and clinical residents who provide prosthetic and 
orthotic services under the applicant's supervision or direction. The licensee 
shall notify the board, in writing within 30 days of the event, if one or more 
assistants, technicians or clinical residents are no longer under the licensee's 
supervision or direction, or if the licensee supervises or directs one or more 
additional assistants, technicians, or clinical residents. 
(d) Optional application materials. Applicants may submit curriculum vitae, a 
resume, and other documentation of credentials. Those items shall not substitute 
for documents or information required by this section.
(e) Disapproved applications. Should the board disapprove an application, the 
reasons for disapproval will be stated in writing. The applicant may file 
further information for the board's consideration regarding the applicant's 
qualifications for the license. The board may disapprove an application if the 
applicant: 
(1) has not met the eligibility and application requirements for the license for 
which application was made; 
(2) has failed to pass the examination prescribed in sec.821.9 of this title 
(relating to Examinations for Licensure as a Prosthetist, Orthotist, or 
Prosthetist/Orthotist), if required to qualify for the license for which 
application was made; 
(3) has failed to remit required fees; 
(4) has failed or refused to properly complete or submit application form(s) or 
endorsement(s) or has knowingly presented false or misleading information on the 
application form, or other form or documentation required by the board to verify 
the applicant's qualifications for a license;
(5) has obtained or attempted to obtain a license issued under the Act by 
bribery or fraud; 
(6) has made or filed a false report or record made in the person's capacity as 
a prosthetist, orthotist, prosthetist/orthotist, orthotist assistant, 
prosthetist assistant, prosthetist/orthotist assistant, orthotist technician, 
prosthetist technician, prosthetist/orthotist technician;
(7) has intentionally or negligently failed to file a report or record required 
by law; 
(8) has intentionally obstructed or induced another to intentionally obstruct 
the filing of a report or record required by law; 
(9) has engaged in unprofessional conduct including the violation of the 
prosthetic and orthotic standards of practice of established by the board in 
sec.821.41 of this title (relating to Professional Standards and Disciplinary 
Provisions); 
(10) has developed an incapacity that prevents prosthetic or orthotic practice 
with reasonable skill, competence, or safety to the public as the result of: 
(A) an illness; 
(B) drug or alcohol dependency; or 
(C) another physical or mental condition or illness. 
(11) has failed to report the violation of the Act by another person to the 
department; 
(12) has violated a provision of the Act, a rule adopted under the Act, an order 
of the board previously entered in disciplinary proceedings, or an order to 
comply with a subpoena issued by the board; 
(13) has had a license revoked, suspended, or otherwise subjected to adverse 
action or been denied a license by another licensing authority in another state, 
territory, or country; 
(14) has been convicted of or pled nolo contendere to a crime directly related 
to prosthetic and/or orthotic practices; 
(15) has been excluded from participation in Medicare, Medicaid, or other 
federal or state cost-reimbursement programs; or 
(16) has committed a prohibited act under the Act sec.23, on or after October 1, 
1998. 
(f) If the board determines that the application should not be approved, the 
executive director shall give the applicant written notice of the reason for the 
disapproval and of the opportunity for a formal hearing as set out in 
sec.821.39(h) of this title. Within ten days after receipt of the written 
notice, the applicant shall give written notice to the executive director to 
waive or request a hearing. If the applicant fails to respond within ten days 
after receipt of the notice of opportunity or if the applicant notifies the 
executive director that the hearing be waived, the department shall disapprove 
the application. 
(g) An applicant whose application has been disapproved under subsection (e)(4)-
(16) of this section may reapply after one year from the disapproval date and 
shall submit a current application, the application fee and proof, satisfactory 
to the board, of compliance with the requirements of these rules and the 
provisions of the Act in effect at the time of reapplication.
(h) Defaulters on Texas guaranteed student loans. The board will issue an 
initial license to a qualified applicant who has defaulted on a Texas guaranteed 
student loan. The board will not renew the license until a repayment plan has 
been reached with the Texas Guaranteed Student Loan Corporation (TGSLC) and a 
copy of the certification of the repayment agreement from TGSLC is filed with 
the board office. 
(i) Application processing. 
(1) The board shall comply with the following procedures in processing 
applications for a license. 
(A) The following times shall apply from receipt of a completed application and 
acceptance date for filing or until the date a written notice is issued stating 
the application is deficient and additional specific information is required. A 
written notice of application approval may be sent instead of the notice of 
acceptance of a complete application. The times are as follows:
(i) letter of acceptance of application for renewal - 21 days; and 
(ii) letter of application deficiency - 21 days. 
(B) The following times shall apply from the receipt of the last item necessary 
to complete the application until the date of issuance of written notice 
approving or denying the application. The times for denial include notification 
of the proposed decision and of the opportunity, if required, to show compliance 
with the law and of the opportunity for a formal hearing. The times are as 
follows: 
(i) letter of approval - 42 days; and 
(ii) letter of denial of license or registration - 90 days.
(2) The board shall comply with the following procedures in processing refunds 
of fees paid to the board. 
(A) In the event an application is not processed in the times stated in 
paragraph (1) of this subsection, the applicant has the right to request 
reimbursement of fees paid in that particular application process. The applicant 
should apply to the executive director for reimbursement. If the executive 
director does not agree that the time has been violated or finds that good cause 
existed for exceeding the time, the request will be denied.
(B) Good cause for exceeding the time is considered to exist if the number of 
applications for licensure, registration or renewal exceeds by 15% or more, the 
applications processed in the same calendar quarter the preceding year; another 
public or private entity relied upon by the board in the application process 
caused the delay, or another condition exists giving the board good cause for 
exceeding the time. 
(3) If the executive director denies a request for reimbursement under paragraph 
(2) of this subsection the applicant may appeal to the board for a timely 
resolution of a dispute arising from a violation of the times. The applicant 
shall give the board written notice, at the board's address, that the applicant 
requests full reimbursement of fees paid because his or her application was not 
processed within the applicable time. The executive director shall submit a 
written report of the facts related to the processing of the application and of 
good cause for exceeding the applicable time. The board shall provide written 
notice of the decision to the applicant and the executive director. The board 
shall decide an appeal in favor of the applicant if the applicable time was 
exceeded and good cause was not established. If the board decides the appeal in 
favor of the applicant, full reimbursement of all fees paid in that particular 
application process shall be made. 
(4) The times for contested cases related to the denial of licensure, 
registration or renewal are not included with the times listed in paragraph (1) 
of this subsection. The time for conducting a contested case hearing runs from 
the date the board receives a written hearing request until the board's decision 
is final and appealable. A hearing may be completed within three to nine months, 
but may be shorter or longer depending on the particular circumstances of the 
hearing, the workload of the department and the scheduling of board meetings. 

sec.821.7. General Licensing Procedures.
(a) Purpose. The purpose of this section is to establish the licensing 
procedures of the board. Unless the context clearly shows otherwise, use of the 
terms license or licenses, shall apply to both licenses and registration, and 
the term licensee shall apply to both licensees and registrants. 
(b) Issuance of licenses. 
(1) The board will send applicants whose application has been approved and who 
have passed the examination (if applicable), a license containing the licensee's 
name, a license number and expiration date. 
(2) A license shall be issued for one year plus an additional period ending on 
the last day of the licensee's birth month. A license shall not be issued for 
less than 13 months, nor more than two years. A license may be renewed on or 
before the expiration date in accordance with sec.821.33 of this title (relating 
to License Renewal). The renewal period shall be for a two year period, unless 
otherwise specified. 
(3) A provisional license shall be issued for a two-year period and may be 
renewed. The board shall not issue or review a provisional license on or after 
January 1, 2005. 
(4) A temporary license shall be issued for a one year period, and may be 
renewed for not more than one year. 
(5) A student registration shall be issued or renewed for a two year period, 
unless issued or renewed under sec.821.27 subsection (e) of this title (relating 
to Student Registration). 
(c) License and license display. 
(1) The signature of the presiding officer shall be on the license. 
(2) Licenses issued by the board remain the property of the board and must be 
surrendered to the board on demand. 
(3) Licenses must be displayed appropriately and publicly as follows. 
(A) The license shall be displayed in the primary office or place of employment 
of the licensee. 
(B) Lacking a primary office or place of employment, or when the licensee is 
employed at multiple locations, the licensee shall carry the license, or obtain 
duplicate licenses to display at each location. 
(4) Neither the licensee nor anyone else shall display or carry a copy of a 
license instead of the original document. 
(d) Copying the license. 
(1) The licensee has the responsibility to protect his or her license from loss 
and potentially fraudulent or unlawful use. 
(2) A licensee shall only allow his or her license to be copied for licensure 
verification by employers, licensing boards, professional organizations and 
third party payors for credentialing and reimbursement purposes. The licensee 
shall clearly mark copies with the word "COPY" across the face of the document. 
Other persons and/or agencies may contact the board's office in writing or by 
phone to verify licensure. 
(e) Lost or destroyed license. The board shall replace lost, damaged, or 
destroyed licenses upon receipt of a written request from the licensee and 
payment of the license replacement fee. Requests shall include a statement 
detailing the loss or destruction of the licensee's original license or by the 
damaged certificate or card. 
(f) Duplicate license. The board shall issue a duplicate license upon receipt of 
a written request from the licensee and payment of the duplicate license fee. 
(g) License alterations. Neither the licensee nor anyone else shall make 
alterations to a license or a copy of a license. 

sec.821.9. Examinations for Licensure as a Prosthetist, Orthotist, or 
Prosthetist/Orthotist.
(a) Purpose. The section on licensure examination sets out the board's rules 
governing the administration, content, grading, and other procedures for 
examination for licensure. 
(b) Required examination. To qualify for a license, an applicant must pass a 
competency examination, unless the applicant qualified for licensure under 
sec.821.11 of this title (relating to Licensing by Exemption from the License 
Requirements), sec.821.15 of this title (relating to Acquiring Licensure as a 
Uniquely Qualified Person), or the applicant holds a license in a state that has 
licensing requirements that are equal to or exceed the requirements of 
sec.821.17 of this title (relating to Licensing by Examination).
(c) Forms of examination. The examination shall be offered in prosthetics or 
orthotics. The examination may be prepared by the board or prepared by another 
entity and administered by the board or its designee.
(d) Applications for examination. 
(1) The board shall notify an applicant whose application has been approved. The 
board or its designee shall forward an examination registration form to the 
approved applicants. 
(2) An applicant who wishes to take a scheduled examination must complete the 
registration form and return it with the appropriate fee to the board or its 
designee by the established deadline. 
(3) Applicants who fail to apply for and take the licensure examination within a 
three year period after the executive director mails an examination approval 
notice to him or her may have that approval withdrawn by action of the board. 
(e) Locations. Examinations administered by the board or its designee will be 
held in Austin and at locations to be announced by the board or its designee. 
(f) Frequency. The examinations shall be administered to qualified applicants at 
least twice per year. 
(g) Grading. The board or its designee shall establish cut scores and grade 
examinations administered by the board or its designee. 
(h) Results. 
(1) If the examination is graded or reviewed by a national or state testing 
service, the board shall notify the examinees of the examination results within 
14 days of the date the board receives the results from the testing service. 
(2) If examination results will be delayed for more than 90 days after the 
examination, the board shall notify the applicants of the reason for the delay 
before the ninetieth day. 
(3) The official notice of results to applicants shall be stated as "pass" or 
"fail" regardless of whatever numerical or other scoring system the national or 
state testing service may use in arriving at examination results. 
(i) Failures. 
(1) An applicant who fails the examination prescribed by the board may take a 
subsequent examination after paying the examination fee.
(2) If requested in writing, the board shall furnish an applicant who fails an 
examination an analysis of performance. 
(3) An applicant who fails the examination three times shall have his 
application denied unless the applicant: 
(A) furnished the board an official transcript from an accredited college or 
university indicating completed course work taken for credit with a passing 
grade in the area(s) of weakness determined by analysis of the previous 
examination(s); or 
(B) furnished the board with evidence that the applicant completed a 40-hour 
planned, structured and personalized tutorial in each area of weakness directed 
and supervised by a licensed orthotist(s), prosthetist(s) or prosthetist 
orthotist(s). The area of licensure for the supervisor(s) shall match the type 
of examination taken by the applicant. The tutorial may include classroom 
instruction, reading, research, continuing education activities, and test 
material review. The tutorial may include the clinical application and patient 
care if the applicant holds a current student registration, or if the applicant 
undertakes the tutorial outside the state of Texas. Acceptable evidence shall 
include a letter from the tutor describing the tutorial completed by the 
student, including details such as the number of hours completed, the dates 
attended, subject matter covered, and the type of tutorials employed. 
(4) An applicant who completes course work as described in paragraph (3) of this 
section must file an updated application for examination with the application 
fee. 
(j) Qualifications for initial examination. The applicant must: 
(1) have completed the requirements described in sec.821.13 of this title 
(relating to License by Examination under Special Conditions Requiring 
Application by the 181st Day After Rules Are Adopted); 
(2) have completed the requirements described in sec.821.17 of this title 
(relating to Licensing by Examination); or 
(3) be within 700 hours of completing the clinical residency requirements as 
described in sec.821.31 of this title (relating to Standards, Guidelines, and 
Procedures for a Professional Clinical Residency). The entire clinical residency 
must be completed before the applicant may be issued a license. 

sec.821.11. Licensing by Exemption from the License Requirements.
(a) General. The provisions of this section apply to applicants for a license by 
exemption from the license requirements. A person to whom a license is issued 
under this section is entitled to the license privileges as if the person 
fulfilled the academic, clinical residency or experience, and examination 
requirements. A person to whom a license is issued under this section is not 
subject to the requirements relating to academic education, clinical residency 
or clinical experience, or examination. 
(b) License renewal. A person to whom a license is issued under this section is 
subject to the renewal requirements adopted by the board. A license issued under 
this section may be renewed before expiration. A license may not be renewed or 
reinstated if the license has been expired for more than one year. 
(c) Qualifications for licensing without academic education, clinical residency 
or experience, and examination. The board shall grant a license to an applicant 
who meets the following qualifications. 
(1) The applicant must apply for a license on or before the 181st day after 
rules are adopted. 
(2) At time of application for a license, the applicant must be a Texas 
resident, as defined in sec.821.2 (relating to Definitions).
(3) The applicant must provide evidence, satisfactory to the board, that the 
person applying for: 
(A) a prosthetic and orthotic license, provided comprehensive prosthetic and 
orthotic care as defined in sec.821.2 of this title: 
(i) for at least three years preceding the date of application; and 
(ii) in Texas for the one year period immediately preceding the date of 
application; or 
(B) a prosthetic and orthotic license, provided comprehensive prosthetic and 
orthotic care as defined in sec.821.2 of this title: 
(i) for at least six years preceding the date of application; and 
(ii) in Texas for the one year period immediately preceding the date of 
application. 
(d) Prerequisites. A person applying for a license under this section must 
submit application forms prescribed by the board and submit the applicable fees 
as set out in sec.821.5 of this title (relating to Fees) before a license can be 
issued. 
(e) Applicant responsibility. The applicant is responsible for submitting to the 
board documentation of having provided comprehensive prosthetic and orthotic 
care in Texas during the qualifying period. Evidence may include, but is not 
limited to, affidavits from supervisors, employers, referring physicians, and 
patients, W-2 forms, information relating to professional accreditations or 
certifications held by the applicant, and affidavits from a total of two 
licensed physicians or practitioners who are familiar with the applicant's 
practice. 
(f) Failure to qualify for a license. An applicant who fails to qualify for a 
license under this section may apply for licensure by examination.

sec.821.13. License by Examination under Special Conditions Requiring 
Application by the 181st Day After Rules Are Adopted. 
(a) General. The provisions of this section apply to applicants for a license by 
examination. 
(b) Examination required. A license will not be issued by the board to the 
applicant to practice prosthetics or orthotics, or both, until the applicant 
passes an examination prescribed by the board as described in sec.821.9 of this 
title (relating to Examinations for Licensure as a Prosthetist, Orthotist, or 
Prosthetist/Orthotist). 
(c) Qualifications for licensing by examination. The board shall grant a license 
to an applicant who applies for examination on or before the 181st day after 
rules are adopted. The applicant must provide evidence, satisfactory to the 
board, that the person: 
(1) applying for a prosthetic and orthotic license provided comprehensive 
prosthetic and orthotic care, as defined in sec.821.2 of this title (relating to 
Definitions), in Texas for at least one year preceding the date of application; 
or 
(2) applying for a prosthetic and orthotic license provided comprehensive 
prosthetic and orthotic care, as defined in sec.821.2 of this title, in Texas 
for at least one year preceding the date of application. 
(d) Applicant responsibility. The applicant is responsible for submitting to the 
board documentation of providing comprehensive prosthetic and orthotic care in 
Texas during the qualifying period. Evidence may include, but is not limited to, 
affidavits from supervisors, employers, referring physicians, and patients, W-2 
forms, information relating to professional accreditations or certifications 
held by the applicant, and affidavits from a total of two licensed physicians or 
practitioners who are familiar with the applicant's practice. 
(e) Temporary license available. An applicant who qualifies for a temporary 
license may apply for a temporary license as described in sec.821.23 of this 
title (relating to Temporary License) while waiting to be examined or while 
waiting for examination results. 

sec.821.15. Acquiring Licensure as a Uniquely Qualified Person. 
(a) Purpose. The purpose of this section is to describe the unique 
qualifications a person must possess to qualify for licensure as a prosthetist, 
orthotist or prosthetist/orthotist under the Orthotics and Prosthetics Act (Act) 
sec.23(e). 
(b) Unique qualifications. A uniquely qualified person means a resident of the 
State of Texas who, through education, training and experience, is as qualified 
to perform prosthetic and/or orthotic procedures as those persons who obtain 
licensure pursuant to the Act sec.23(a). 
(1) The board, or a committee of the board, will determine whether a person is 
uniquely qualified on a case-by-case basis based on the information supplied by 
the applicant and other information deemed relevant by the board. 
(2) The board will not approve a person as possessing unique qualifications who 
has not provided comprehensive orthotic care or comprehensive prosthetics care 
to the extent required by the Act sec.23(d) and sec.821.11 of this title 
(relating to Licensing by Exemption from the License Requirements). 
(c) Application procedures. A person possessing unique qualifications shall 
comply with sec.821.6 of this title (relating to General Application 
Procedures). 
(d) Issuance of license. A license issued under this section is valid for one 
year plus an additional period ending on the last day of the licensee's birth 
month. 
(e) Renewal of license. A license issued under this section may be renewed on or 
before the expiration date, provided the licensee complies with sec.821.33 of 
this title (relating to License Renewal) and sec.821.35 of this title (relating 
to Continuing Education). Academic, clinical training or examination 
requirements may not be imposed as a condition of renewal.

sec.821.17. Licensing by Examination. 
(a) Purpose. The purpose of this section is to describe the eligibility 
requirements for licensure as a prosthetist, orthotist, or 
prosthetist/orthotist.
(b) General requirements. To qualify for a license an applicant must 
successfully complete: 
(1) the academic requirements for the requested license; 
(2) the clinical residency requirements for the requested license; and 
(3) the examination, as set out in sec.821.9 of this title (relating to 
Examinations for Licensure as a Prosthetist, Orthotist, or 
Prosthetist/Orthotist) specific to the requested license. 
(c) Academic requirements for an orthotist license. The applicant must hold: 
(1) a bachelor's degree in: 
(A) prosthetics and orthotics from a college or university educational program 
accredited by the Commission on Accreditation of Allied Health Education 
Programs (CAAHEP) while the applicant attended the program or a college or 
university educational program accepted by the board as having educational 
standards equal to or exceeding CAAHEP standards; or 
(B) any subject and an orthotic certificate from a practitioner educational 
program accredited by CAAHEP while the applicant attended the program or a 
practitioner education program accepted by the board as having educational 
standards equal to or exceeding CAAHEP standards; 
(2) until January 1, 2005, an associates degree including a minimum: 
(A) six semester hours of anatomy and physiology; 
(B) six semester hours of physics or chemistry; and 
(C) three semester hours of trigonometry or higher mathematics.
(d) Academic requirements for a prosthetist license. The applicant must hold: 
(1) a bachelor's degree in: 
(A) prosthetics and orthotics from a college or university educational program 
accredited by CAAHEP while the applicant attended the program or a college or 
university educational program accepted by the board as having educational 
standards equal to or exceeding CAAHEP standards; or
(B) any subject and a prosthetics certificate from a practitioner educational 
program accredited by CAAHEP while the applicant attended the program or a 
practitioner education program accepted by the board as having educational 
standards equal to or exceeding CAAHEP standards; or 
(2) until January 1, 2005, an associates degree including a minimum: 
(A) six semester hours of anatomy and physiology; 
(B) six semester hours of physics or chemistry; and 
(C) three semester hours of trigonometry or higher mathematics.
(e) Academic requirements for a prosthetist/orthotist license. The applicant 
must hold: 
(1) a bachelor's degree in; 
(A) prosthetics and orthotics from a college or university educational program 
accredited by the CAAHEP while the applicant attended the program or a college 
or university educational program accepted by the board as having educational 
standards equal to or exceeding CAAHEP standards; or 
(B) any subject and a prosthetic certificate and an orthotic certificate from a 
practitioner educational program accredited by CAAHEP while the applicant 
attended the program or a practitioner education program accepted by the board 
as having educational standards equal to or exceeding CAAHEP standards; or 
(2) until January 1, 2005, an associates degree including a minimum: 
(A) six semester hours of anatomy and physiology; 
(B) six semester hours of physics or chemistry; and 
(C) three semester hours of trigonometry or higher mathematics.
(f) Clinical residency requirements for the orthotist license.
(1) The applicant must submit an affidavit, signed by the orthotist(s) or 
prosthetist/orthotist(s) who directly supervised the applicant, attesting to the 
applicant's successful completion of not less than 1900 hours of clinical 
orthotic residency as described in sec.821.31 of this title (relating to 
Standards, Guidelines, and Procedures for a Professional Clinical Residency). 
(2) If any of the clinical orthotic residency is completed on or after January 
1, 1999, the supervising orthotist(s) or prosthetist/orthotist(s) must have been 
licensed in accordance with this title. 
(g) Clinical residency requirements for the prosthetist license.
(1) The applicant must submit an affidavit, signed by the prosthetist(s) or 
prosthetist/orthotist(s) who directly supervised the applicant, attesting to the 
applicant's successful completion of not less than 1900 hours of clinical 
prosthetic residency as described in sec.821.31 of this title.
(2) If any of the clinical prosthetic residency is completed on or after January 
1, 1999, the supervising prosthetist(s) or prosthetist/orthotist(s) must have 
been licensed in accordance with this title. 
(h) Clinical residency requirements for the prosthetist/orthotist license. 
(1) The applicant must submit an affidavit, signed by the prosthetist(s) and 
orthotist(s) or prosthetist/orthotist(s) who directly supervised the applicant, 
attesting to the applicant's successful completion of not less than 1900 hours 
of clinical orthotic residency and not less than 1900 hours of clinical 
prosthetic residency as described in sec.821.31 of this title.
(2) If any of the clinical prosthetic/orthotic residency is completed in Texas 
on or after January 1, 1999, the supervising prosthetist(s) and orthotist(s) or 
prosthetist/orthotist(s) must have been licensed in accordance with this title. 
(i) Additional clinical residency requirements in prosthetics for an applicant 
licensed as an orthotist. 
(1) The applicant must submit an affidavit, signed by the prosthetist(s) or 
prosthetist/orthotist(s) who directly supervised the applicant, attesting to the 
applicant's successful completion of not less than 1900 hours of clinical 
prosthetic residency as described in sec.821.31 of this title.
(2) If any of the clinical prosthetic residency is completed in Texas on or 
after January 1, 1999, the supervising prosthetist(s) or 
prosthetist/orthotist(s) must have been licensed in accordance with this title. 
(j) Additional clinical residency requirements in orthotics for an applicant 
licensed as a prosthetist. 
(1) The applicant must submit an affidavit, signed by the orthotist(s) or 
prosthetist/orthotist(s) who directly supervised the applicant, attesting to the 
applicant's successful completion of not less than 1900 hours of clinical 
orthotic residency as described in sec.821.31 of this title.
(2) If any of the clinical orthotic residency is completed in Texas on or after 
January 1, 1999, the supervising orthotist(s) or prosthetist/orthotist(s) must 
have been licensed in accordance with this title. 

sec.821.19. Licensed Prosthetist Assistant, Licensed Orthotist Assistant, or 
Licensed Prosthetist/Orthotist Assistant. 
(a) Purpose. The purpose of this section is to establish the scope of practice 
and the qualifications for licensure for a licensed assistant.
(b) Scope of practice. 
(1) A licensed orthotist assistant provides ancillary patient care services 
under the supervision of a licensed orthotist or licensed prosthetist/orthotist. 
The supervising licensed orthotist or supervising licensed prosthetist/orthotist 
is responsible to the board and the public for the acts or omissions of the 
licensed orthotist assistant. Other than as set forth in this subsection, the 
supervising licensed orthotist or supervising licensed prosthetist/orthotist may 
supervise and direct the licensed orthotist assistant as the supervisor 
determines. However, the responsibility of the supervisor always specifically 
extends to having disciplinary action taken against the license of the 
supervising licensed orthotist or supervising licensed prosthetist/orthotist for 
violations of the Act or these rules committed by the licensed assistant. An 
orthotist assistant may conduct critical care events only under the direct 
supervision of the supervising licensed orthotist or supervising licensed 
prosthetist/orthotist, or another licensed orthotist or licensed 
prosthetist/orthotist who has temporarily assumed responsibility for the acts or 
omissions of the licensed orthotist assistant in a particular matter. 
(2) A licensed prosthetist assistant provides ancillary patient care services 
under the supervision of a licensed prosthetist or licensed 
prosthetist/orthotist. The supervising licensed prosthetist or supervising 
licensed prosthetist/orthotist is responsible to the board and the public for 
the acts or omissions of the licensed prosthetist assistant. Other than as set 
forth in this subsection, the supervising licensed prosthetist or supervising 
licensed prosthetist/orthotist may supervise and direct the licensed prosthetist 
assistant as the supervisor determines. However, the responsibility of the 
supervisor always specifically extends to having disciplinary action taken 
against the license of the supervising licensed prosthetist or supervising 
licensed prosthetist/orthotist for violations of the Act or these rules 
committed by the licensed assistant. A prosthetist assistant may conduct 
critical care events only under the direct supervision of the supervising 
licensed prosthetist or supervising licensed prosthetist/orthotist, or another 
licensed prosthetist or licensed prosthetist/orthotist who has assumed 
responsibility for the acts or omissions of the licensed prosthetist assistant 
in a particular matter. A licensed prosthetist assistant or licensed 
prosthetist/orthotist assistant may only provide ancillary patient care services 
in the discipline in which the assistant's supervisor is licensed under the 
Orthotics and Prosthetics Act. 
(3) A licensed prosthetist/orthotist assistant performs the type of work 
described in both paragraphs (1) and (2) of this subsection and is subject to 
the supervision requirements described there. 
(c) Qualifications for licensure as an assistant. The following education and 
experience are required if applying for an assistant license after the 181st day 
after the date the board's initial rules are finally adopted and published. The 
applicant must submit evidence satisfactory to the board of having completed the 
following: 
(1) at least an associate degree from a college or university accredited by a 
regional accrediting organization such as the Southern Association of Schools 
and Colleges that included at a minimum: 
(A) six credit hours of anatomy and physiology; 
(B) three credit hours of trigonometry or higher mathematics;
(C) three credit hours of physics or chemistry; and 
(2) a clinical residency for assistants of not less than 500 hours, completed in 
a period of not more than six consecutive months, in a prosthetic and orthotic 
facility that meets sec.821.29 of this title (relating to Accreditation of 
Prosthetic and Orthotic Facilities) under the direct supervision of a licensed 
prosthetist, licensed orthotist or licensed prosthetist/orthotist, depending on 
the type of residency. A licensed assistant may supervise a clinical resident, 
provided a licensed orthotist, licensed prosthetist or licensed 
prosthetist/orthotist assumes responsibility for the acts of the licensed 
assistant and the clinical resident. The supervisor's license must be in the 
same discipline being completed by the clinical resident.
(A) The clinical residency shall primarily provide learning opportunities for 
the clinical resident rather than primarily providing service to the prosthetic 
and orthotic facility or its patients or clients. 
(B) The clinical residency shall include observation of assistant level work 
covering assisting with patient assessments, measurement, design, fabrication, 
assembling, fitting adjusting or servicing prostheses or orthoses or both, 
depending on the type of residency. 
(C) The clinical residency shall include an orientation comparing and 
contrasting the duties of a licensed assistant with the duties of the licensed 
orthotist, licensed prosthetist or licensed prosthetist/orthotist.
(D) The clinical resident shall not independently provide ancillary patient care 
services of the type performed by a licensed assistant and may not independently 
engage in prosthetic and orthotic care directly to the patient. 
(E) The clinical resident may only be incidentally involved in other duties 
including, but not limited to, scheduling, medical records, clerical, payroll 
and accounting, janitorial/housekeeping, transportation, or delivery. 
(d) Qualifications for licensure as an assistant under time-limited conditions. 
If applying on or before the 181st day after the date the board's initial rules 
are finally adopted and published, the applicant must: 
(1) be a Texas resident as defined in sec.821.2 of this title (relating to 
Definitions) at the time of application, and 
(2) submit evidence satisfactory to the board of having practiced within the 
scope of a prosthetist assistant, prosthetist/orthotist assistant or orthotist 
assistant, as set out in subsection (b) of this section, in Texas for at least 
three consecutive years. The applicant must provide documentation of practicing 
within the scope of practice of an assistant in Texas for at least three 
consecutive years. Evidence may include, but is not limited to, W-2 forms, and 
affidavits from supervisors, employers, physicians, other health care 
professionals and patients familiar with the applicant's practice as an 
assistant. 

sec.821.21. Technician Registration. 
(a) Purpose. The purpose of this section is to describe the eligibility 
requirements for a registration as a prosthetist or an orthotist technician 
issued under the Orthotics and Prosthetics Act (Act) sec.25.
(b) Supervision requirements. A technician must be supervised by a prosthetist, 
orthotist, prosthetist/orthotist, prosthetist assistant, orthotist assistant, or 
prosthetist/orthotist assistant licensed by the board. The supervisor should 
consider the strengths and weaknesses of the individual technicians. 
(c) General requirements for the technician registration. To qualify for a 
registration as a technician, an applicant must submit: 
(1) proof of a current supervisory relationship or tentative supervisory 
relationship, as described in subsection (b) of this section;
(2) a photocopy notarized as a true and exact copy of an unaltered: 
(A) official diploma or official transcript indicating graduation from high 
school; 
(B) certificate of high school equivalency issued by the Texas Education Agency 
or the appropriate educational agency in another state, territory, or country; 
or 
(C) official transcripts from a regionally accredited college or university, 
showing that the applicant earned at least three semester hours of credit; and 
(3) documentation, acceptable to the board, showing that the applicant has not 
less than one thousand hours of laboratory experience as: 
(A) a prosthetic technician. The experience claimed must meet the definition of 
the "registered prosthetic technician" as described in sec.821.2 of this title 
(relating to Definitions); 
(B) an orthotic technician. The experience claimed must meet the definition of 
the "registered orthotic technician" as described in sec.821.2 of this title;
(C) a prosthetic/orthotic technician. The experience claimed must meet the 
definition of the "registered prosthetic/orthotic technician" as described in 
sec.821.2 of this title.
(d) Special requirements requiring application on or before the 181st day after 
the board adopts rules. The board shall grant a registration to an applicant who 
meets the following qualifications. 
(1) The applicant must apply for a technician registration on or before the 
181st day after rules are adopted. 
(2) The applicant must reside in Texas and intend to remain in Texas at time of 
application for a technician registration. 
(3) The applicant must provide evidence, satisfactory to the board, that the 
person practiced as a technician as defined in sec.821.2 of this title in Texas 
for three consecutive years preceding the date of application.

sec.821.23. Temporary License.
(a) Purpose. The purpose of this section is to describe the eligibility 
requirements for a temporary license as a prosthetist, orthotist, or 
prosthetist/orthotist issued under the Orthotics and Prosthetics Act (Act) 
sec.29. 
(b) General requirements. To qualify for a temporary license, an applicant must: 
(1) have become a Texas resident as defined in sec.821.2 of this title (relating 
to Definitions), within the 12 month period preceding application for a 
temporary license; 
(2) intend to remain in Texas; 
(3) be actively engaged in completing the education requirements in subsections 
(c), (d), or (e) in sec.821.17 of this title (relating to Licensing by 
Examination), and clinical residency requirements in subsections (f), (g), or 
(h) in sec.821.31 of this title (relating to Standards, Guidelines, and 
Procedures for a Professional Clinical Residency); and 
(4) have either: 
(A) practiced orthotics regularly since January 1, 1996; or
(B) been licensed as a prosthetist, orthotist, or prosthetist/orthotist by the 
state governmental licensing agency in the state in which the applicant resided 
immediately preceding the applicant's move to Texas. The licensing requirements 
in that state must be equal to or exceed the requirements of this title. 
(c) Examination required. To continue practicing prosthetics or orthotics the 
temporary license holder must pass the appropriate board examination as set out 
in sec.821.9 of this title. The examination must be passed while the temporary 
license is current and not expired. 
(d) Issuance of a temporary license. A temporary license is valid for one year 
from the date issued. 
(e) Renewal requirements. A temporary license may be renewed once for one 
additional one year period if the applicant: 
(1) applies for renewal on or before the expiration date of the initial 
temporary license; and either 
(2) took or is scheduled to take an examination under sec.821.9 of this title 
(relating to Examinations for Licensure as a Prosthetist, Orthotist, or 
Prosthetist/Orthotist) during the year immediately preceding the date of the 
application for temporary license renewal; or 
(3) presents evidence, satisfactory to the executive director of good cause for 
renewal. The executive director may consult with a board member in order to 
determine if sufficient evidence has been presented.
(f) Supervision of a temporary licensee. The board does not require supervision. 
However, the individual's strengths and weaknesses should be considered by those 
employing or directing a temporary licensee. 

sec.821.25. Provisional License. 
(a) Purpose. The purpose of this section is to describe the eligibility 
requirements for a provisional license as a prosthetist or orthotist issued 
under the Orthotics and Prosthetics Act (Act) sec.28. This section and the 
provisional licenses issued under this section expire January 1, 2005.
(b) General requirements. To qualify for a provisional license an applicant 
must: 
(1) be practicing comprehensive prosthetic or orthotic care, and not be in 
violation of the Act or these rules; 
(2) not meet the requirements for licensing as a prosthetist or orthotist by 
October 1, 1998, as described in sec.821.13 of this title (relating to License 
by Examination under Special Conditions Requiring Application by the 181st Day 
After Rules Are Adopted), or sec.821.9 of this title (relating to Examinations 
for Licensure as a Prosthetist, Orthotist, or Prosthetist/Orthotist);
(3) not be exempt under sec.21 of the Act; 
(4) be actively engaged in completing the education requirements in subsections 
(c), (d), or (e) in sec.821.9 of this title (relating to Examinations for 
Licensure as a Prosthetist, Orthotist, or Prosthetist/Orthotist), and clinical 
residency requirements in subsections (f), (g), or (h) in sec.821.31 of this 
title (relating to Standards, Guidelines, and Procedures for a Professional 
Clinical Residency); 
(5) have completed an associate degree from a college or university accredited 
by a regional accrediting organization such as the Southern Association of 
Schools and Colleges that included at a minimum: 
(A) six semester hours of anatomy and physiology; 
(B) six semester hours of chemistry or physics; and 
(C) three semester hours of trigonometry or higher mathematics;
(6) have at least forty five hundred hours of post graduate clinical experience 
in either: 
(A) prosthetics under direct supervision of a licensed prosthetist; or 
(B) orthotics under the direct supervision of a licensed orthotist.
(c) Issuance of a provisional license. A provisional license is valid for two 
years from the date issued or January 1, 2005, whichever occurs first. 
(d) Renewal of a provisional license. A provisional license may be renewed for 
an additional two year period. However, in no case will a renewal extend beyond 
January 1, 2005. 
(e) Renewal requirements. 
(1) A provisional license may be renewed on or before the expiration date. 
(2) A provisional license may be renewed if the provisional licensee took an 
examination under sec.821.9 of this title during the year immediately preceding 
the date of the application for license renewal. 
(3) The procedures described in sec.821.33(c)(4)-(6) and (d)-(g) of this title 
(relating to License Renewal) shall apply to the renewal of a provisional 
license. 
(f) Supervision of a provisional licensee. The board does not require 
supervision. However, the individual's strengths and weaknesses should be 
considered by those employing or directing a provisional licensee.
(g) Examination required. To continue practicing prosthetics or orthotics on or 
after January 1, 2005, the provisional license holder must pass the appropriate 
board examination as set out in sec.821.9 of this title. The examination must be 
passed on or before January 1, 2005, while the provisional license is current 
and not expired. 
(h) Expiration of provisional license section. This section expires January 1, 
2005. 

sec.821.27. Student Registration.
(a) Purpose. The purpose of student registration is to provide the person 
practicing the prosthetic and/or orthotic profession with legal authorization 
while fulfilling the postgraduate requirements for licensure by examination. 
(b) Eligibility. The board shall issue or renew a student registration 
certificate to a person who: 
(1) has applied for student registration on forms prescribed by the board; 
(2) has paid the student registration fee as described in sec.821.5 of this 
title (relating to Fees); 
(3) has competed the academic requirements for a license as an orthotist, 
prosthetist, or prosthetist/orthotist, as described in sec.821.17 (relating to 
Licensing by Examination); and 
(4) is actively engaged in either: 
(A) completing a clinical prosthetic, orthotic, or prosthetic/orthotic 
residency, as described in sec.821.31 of this title (relating to Standards, 
Guidelines, and Procedures for a Professional Clinical Residency); or 
(B) applying for or awaiting the results of the appropriate examination, as set 
out in sec.821.17 of this title and has completed the clinical residency. 
(c) The board shall refuse to issue or renew a student registration if the 
person is not actively engaged in completing the professional clinical residency 
or the examination. 
(d) Issuance. 
(1) An applicant may be issued one initial student registration in each area: 
orthotics, prosthetics or both, depending on the type of clinical residency. The 
applicant shall note on the application form if the residency is in orthotics, 
prosthetics, or both. 
(2) A student registration certificate expires two years from the date issued, 
unless issued under subsection (f) of this section.
(3) An applicant may not reapply for a subsequent initial student registration 
in the same area(s).
(e) Renewal. A student registration may be renewed once for an additional two 
years, unless issued under subsection (f) of this section. A student 
registration may not be renewed more than once in each area: orthotics, 
prosthetics, or both. The continuing education requirements as set out in 
sec.821.35 of this title (relating to Continuing Education) do not apply to 
renewal of a student registration. 
(f) Special provisions expiring January 1, 2005. 
(1) A student registration issued to a person who holds an associate degree 
including course work in the anatomical, biological, and physical sciences, 
shall expire two years from the date issued or on January 1, 2005, whichever 
occurs first. 
(2) A student registration shall not be issued or renewed after December 31, 
2004, if the person does not hold a bachelor's degree in prosthetics and/or 
orthotics or a bachelor's degree and a prosthetic or orthotic certificate. 
(g) Application before residency. The applicant shall apply for a student 
registration before beginning the clinical residency, but not more than thirty 
days before the beginning date of the clinical residency. An applicant who is 
actively engaged in completing a clinical residency that began before October 1, 
1998, shall apply for a student registration within thirty days of the date the 
board adopts rules or by December 31, 1998, whichever comes first. A person who 
is actively engaged in a clinical residency who does not apply for a student 
registration may not receive credit for the hours completed before application 
toward qualifying for a license by examination. The applicant shall provide on 
the application form the: 
(1) name and address of the facility(ies) where the applicant will accomplish 
the clinical residency; 
(2) name(s) and license number(s) of the practitioner(s) who will provide direct 
and indirect supervision to the applicant; and 
(3) beginning date and the anticipated ending date of the clinical residency. 
(h) Reporting of changes. The applicant shall inform the board within thirty 
days of changes in the information provided on the application form. 
(i) Compliance with board rules. The student registrant shall comply with the 
rules of the board, especially sec.821.31 of this title.

sec.821.29. Accreditation of Prosthetic and Orthotic Facilities.
(a) Requirement for practice setting of licensees. 
(1) A person licensed under this Act who practices in Texas shall practice only 
in facilities accredited under the Act, unless the type of practice is exempted 
by the Act sec.21, or the facility is exempted by the Act sec.26(e). 
(2) A facility shall not be required to achieve accreditation under this section 
if the facility or person(s) providing health care services at the facility do 
not perform or hold itself or themselves out as performing or offering to 
perform prosthetics or orthotics as defined in the Act sec.2, or sec.821.2 of 
this title (relating to Definitions). 
(b) Purpose of facility accreditation. The purpose of accreditation is to 
identify for prospective patients, referral sources, and third-party payers 
which prosthetic and orthotic facilities meet the board's requirements.
(c) Accreditation application. 
(1) Accreditation applications must include the following information: 
(A) name of the facility; 
(B) street address of the facility (must be in Texas); 
(C) mailing address, if different from the street address;
(D) if a corporation: 
(i) the name, address, social security number and percentage of ownership of 
persons who directly or indirectly own or control 5.0% or more of the 
outstanding shares of stock in the facility in a privately held corporation; or 
(ii) the name and address of the director(s); or 
(E) the name, address, telephone number, and social security number of the sole 
proprietor or partners; 
(F) if another type of organization, the type of organization, the name, 
address, and telephone number of the owner(s); 
(G) the total square feet of the facility; 
(H) the name and Texas license number of the prosthetist, orthotist, or 
prosthetist/orthotist in charge and his or her notarized signature;
(I) the name and Texas license number of other licensees of this Act who 
practice in the facility; and 
(J) the signature of the person who submits the accreditation application that 
has been notarized. 
(2) The board will not consider an application as officially submitted until the 
applicant pays the accreditation fee as set out in sec.821.5 of this title 
(relating to Fees). The fee must accompany the application form. 
(3) If an individual, partnership, corporation or other entity owns one or more 
facilities, the board requires one primary application and separate addendum 
pages for additional sites to be accredited. 
(4) The executive director, acting for the board, shall determine whether the 
facility complies with the Act and these rules of the rules. 
(5) If the board does not grant accreditation to the entity that applies to be 
an accredited facility, the accreditation fee will not be returned. 
(6) The executive director shall give the applicant written notice of the 
reason(s) for the proposed decision and of the opportunity for a formal hearing. 
The formal hearing shall be conducted according to the board's formal hearing 
procedures in sec.821.39 of this title (relating to Complaints). Procedures 
relating to the notice and request for hearing shall be governed by the same 
section. 
(d) Denial of accreditation. An application may be denied for one or more of the 
following reasons: 
(1) nonpayment of an accreditation fee; 
(2) failure to submit the required information on the application form; 
(3) falsification of information on the application form; or 
(4) violation of the Act or rules. 
(e) Requirements for accredited facilities. 
(1) The entire facility building and property must meet applicable federal, 
state, and local laws, codes, and other applicable requirements.
(2) Prosthetic and orthotic facilities must apply for accreditation with the 
board and pay an accreditation fee by February 1, 1999, or within 60 days of the 
first patient treatment date, whichever is later.
(3) An accredited facility must display the accreditation certificate in a 
prominent location in the facility where it is available for inspection by the 
public. An accreditation certificate issued by the board is the property of the 
board and must be surrendered on demand by the board.
(4) An accredited facility is subject to random inspection to verify compliance 
with the Act and these rules at anytime by authorized personnel of the board. 
The board may also conduct inspections if a complaint is received regarding the 
facility. 
(5) An accredited facility must be under the clinical on-site direction of a 
prosthetist, orthotist, or prosthetist/orthotist licensed by the board in the 
discipline in which the facility sought accreditation. The person shall 
supervise the provision of prosthetics or orthotics in accordance with the Act 
and rules and shall be considered the person in charge. 
(6) A facility accredited under the Act is required to comply with the Act and 
rules of the board at all times. 
(7) A facility accredited under the Act shall always prominently display a sign 
in letters at least one inch in height, containing the name, mailing address, 
and telephone number of the board, a statement informing consumers that 
complaints against licensees of the facility may be directed to the board, and 
the toll-free telephone number for presenting complaints to the board about a 
person or facility regulated or requiring regulation under the Act. 
(8) An accredited facility is required to report to the board change regarding 
the on-site prosthetist, orthotist, or prosthetist/orthotist who is clinically 
directing the facility within 30 days after it occurs. 
(9) An accredited facility may advertise as a "Prosthetic or Orthotic Facility 
Accredited by the Texas Board of Orthotics and Prosthetics." A facility which is 
exempt or which the board does not accredit may not advertise or hold itself out 
as a facility accredited by the Texas Board of Orthotics and Prosthetics. 
(10) An accreditation issued under these rules shall not be transferred or sold 
to another facility or owner. An accreditation issued under these rules may not 
be transferred to a different location without written approval of the executive 
director. 
(f) Change in ownership. 
(1) The new owner of a prosthetic and orthotic facility must apply for 
accreditation as a new applicant within 90 days of the change in ownership. 
(2) The former owner of the facility must return the accreditation certificate 
to the board within 30 days of the sale or transfer of the facility to a new 
owner. 
(g) Exemptions to accreditation. A facility licensed under the Health and Safety 
Code, Chapter 241 (relating to Hospitals), is exempt from this accreditation. 
This includes hospitals, convalescent and nursing homes, ambulatory surgical 
centers, birthing centers, abortion, continuing care facilities, personal care 
facilities, special care facilities, maternity homes, and end-stage renal 
disease facilities. These types of facilities are automatically exempt and are 
not required to obtain a formal exemption from the board. 
(h) Renewal of accreditation. 
(1) When issued, an accreditation is valid for two years from the date the 
initial accreditation was issued. 
(2) An accredited facility must renew an accreditation every two years by 
completing a renewal application and submitting the required fee. 
(3) The renewal date of an accreditation shall be the last day of the month in 
which the accreditation was originally issued. 
(4) The board shall not renew the accreditation of a facility that is violating 
or has violated the Act or these rules. 
(5) At least 30 days before the expiration of a facility's accreditation, the 
board will send notice to the facility of the accreditation expiration date and 
the amount of the renewal fee due and an accreditation renewal form. Failure to 
receive a renewal application from the board does not exempt the facility from 
renewing its accreditation. A facility that fails to receive a renewal 
application by the first day of its renewal month should contact the board 
immediately. 
(6) The board shall issue an accreditation renewal to a facility who has met the 
requirements for renewal. It shall be affixed to or displayed with the original 
accreditation and is the property of the board.
(i) Failure to achieve accreditation. Facilities that fail to achieve 
accreditation with the board as required by Act and rule are noncompliant with 
the Act and rule and are subject to disciplinary actions by the board. 
Additionally, the licensed prosthetist, orthotist, or prosthetist/orthotist in 
charge of the facility may be violating the Act and rules and subject to 
disciplinary action. 
(j) Reinstatement of accreditation. When a facility fails to renew its 
accreditation within the renewal month, the facility is subject to fees as 
follows: 
(1) If the facility accreditation has been expired for 90 days or less, the 
facility may renew by paying the required renewal fee and a restoration fee that 
is one-half of the renewal fee. 
(2) If the facility accreditation has been expired for more than 90 days but 
less than one year, the facility may renew by paying the unpaid renewal fees and 
a restoration fee that is equal to the renewal fee. 
(3) If the facility accreditation has been expired for more than one year, the 
facility may renew the accreditation by paying the required renewal fee and a 
restoration fee that is double the renewal fee.
(k) Disciplinary actions. 
(1) The executive director may propose disciplinary action against an accredited 
facility for violation of the Act or rules. The disciplinary action may include 
a reprimand, revocation or suspension of the accreditation, probation, or other 
appropriate disciplinary action. 
(2) The processing of complaints against applicants for accredited facilities, 
or accredited facilities is accomplished in accordance with sec.821.39 of this 
title (relating to Complaints). 
(3) A revocation or suspension of an accreditation affects all facilities 
accredited under one primary accreditation. 
(4) The executive director shall give the facility written notice of the 
proposed disciplinary action and of the opportunity for a formal hearing. The 
formal hearing shall be conducted according to the board's formal hearing 
procedures in sec.821.39 of this title. Procedures relating to the notice and 
request for hearing shall be governed by the same section. 
(l) Facility cleanliness. The facility shall be constructed and maintained 
appropriately to provide safe and sanitary conditions for the protection of the 
patient and the personnel providing prosthetic and orthotic care. 
(1) Patient examination and treatment rooms shall be cleaned after each patient 
is seen. 
(2) Antibacterial hand soap, hand towels or hand dryers must be available at the 
sinks used by employees and patients. 
(3) Exam tables must have disposable covers or disinfected surfaces. 
(4) Appropriate gloves and disinfectants for disease control must be available 
in examination rooms and treatment areas. 
(m) Patient waiting area. 
(1) Patient waiting area must be separate from the other areas.
(2) Chairs with armrests must be provided in waiting room. 
(3) A telephone must be made available for patient use.
(n) Examination/treatment rooms. 
(1) Rooms in which patients are seen must have permanent, floor-to-ceiling walls 
and rigid doors. Windows must assure privacy. 
(2) At least one set of parallel bars and a mirror for patient ambulation trials 
must be provided in each facility. 
(o) Safety. 
(1) Safety equipment (safety glasses or goggles and dust masks) must be 
available to persons working in an accredited facility. 
(2) Proper machine use and training must be provided.
(3) Safety guards on machines must be in place. 
(4) Lab/Fabrication area must be separated from other areas by walls and doors 
and have adequate ventilation and lighting. 
(5) If smoking is permitted, appropriate policies and procedures are required to 
control smoking materials. 
(6) A minimum of one licensee or registrant must be assigned to each facility to 
act as safety manager. The safety manager is responsible for developing, 
carrying out, and monitoring the safety program. 
(p) Business office area. 
(1) Patient records must include accurate and current progress notes. 
(2) Patient records must be kept private. 
(3) Patient records shall not be made available to anyone outside the facility 
without the patient's signed consent or as required by law. 
(4) Records must be kept a minimum of five years. 
(q) General. 
(1) Restroom and hand washing facilities must be available to the patient. 
(2) Facility must have equipment to provide casting, measuring, fitting, 
repairs, and adjustments. 

sec.821.31. Standards, Guidelines and Procedures for a Professional Clinical 
Residency. 
(a) General. The board will accept a professional clinical residency having 
standards that are equivalent to or exceed the standards set forth in these 
rules. 
(b) Length of clinical residency. The residency shall consist of at least 1900 
hours, including a research project. 
(c) Supervision of clinical resident. A clinical resident must be directly 
involved in providing patient care, under the supervision of a Texas licensed 
practitioner whose license is in the same discipline in which residency is being 
completed. 
(d) Written description of program. A professional clinical residency must 
provide the residents with a written description of the educational program, 
including the scope and duration of assignments to other facilities. The 
following must be addressed in the written description: 
(1) the term of residency; 
(2) written job description; 
(3) pertinent policies and procedures; 
(4) safety requirements; 
(5) patient confidentiality; 
(6) liability and malpractice insurance; 
(7) expectations; 
(8) limitations and restrictions of residency; and 
(9) the name of the Texas licensed practitioner who is designated as the program 
director. 
(e) Facility requirements. A facility must: 
(1) be accredited by the board or be exempt as described in sec.821.29 (relating 
to Accreditation of Prosthetic and Orthotic Facilities);
(2) record and perform quarterly evaluations regarding each resident's 
performance using board approved forms; 
(3) have an agreement with each resident ensuring liability and malpractice 
coverage; 
(4) have the resources and adequate facilities for residents to fulfill their 
education and patient care responsibilities; and 
(5) have resources and adequate facilities for residents to develop proficiency 
in laboratory skills in prosthetic and orthotic fabrication.
(f) Staff responsibilities. 
(1) Prosthetic and orthotic supervising licensee-to-resident ratio shall not 
exceed one Texas licensed practitioner to two residents. 
(2) Staff shall maintain documentation of residents' agreements. 
(3) Staff shall supervise residents during patient care. Direct supervision of 
critical care events is required. Indirect supervision of clinical procedures, 
except critical care events, is allowed throughout the residency. The 
supervision must be provided by a practitioner licensed in Texas in the 
discipline being taught. Overall assurance of quality patient care is the 
ultimate responsibility and liability of the supervising practitioner.
(4) Evaluation of a resident's ability to assume graded and increasing 
responsibility for patient care must be evaluated quarterly. This determination 
is the program director's responsibility, in consultation with members of the 
teaching staff. The facility administration shall assure that, through the 
director and staff, each program: 
(A) evaluates the knowledge, skills and professional growth of its residents, at 
least quarterly; 
(B) provides to residents a written assessment of their performance quarterly; 
(C) maintains written evaluations on forms prescribed by the board, as part of 
the performance record for each resident. The performance record of each 
resident shall be available to that resident; and 
(D) provides documentation to the resident, at least quarterly, and to the board 
upon request, regarding the number of hours of residency completed by the 
resident. 
(g) Resident responsibilities and qualifications. 
(1) The resident shall be responsible for participating in safe, effective and 
compassionate patient care under supervision commensurate with his or her level 
of advancement and responsibility. 
(2) The resident must meet the qualifications for licensure by examination as 
described in sec.821.17 of this title (relating to Licensing by Examination) 
except for having completed the 1900 hours professional clinical residency. 
(h) Residency objectives. 
(1) Clinical assessment. Upon completion of a residency, a person must be 
proficient in clinical assessment skills for prosthetic and/or orthotic patients 
as displayed by the ability to: 
(A) obtain a history of the patient by interviewing the patient and others and 
reviewing available records to determine the need for a specific device; 
(B) observe gait, coordination, present device if available and other physical 
characteristics to supplement patient history and physical examination; 
(C) examine the patient to determine skin condition, joint range of motion and 
muscle strength; 
(D) assess the specific needs of individual patients by integrating the 
information obtained from history, examination and observation; 
(E) discuss with the patient his or her perceived needs and expectations; 
(F) provide information to the patient, family and involved health professionals 
regarding a device's potential advantages and disadvantages to assure 
understanding of the treatment plan and cooperation of the individuals involved; 
(G) develop a treatment protocol for the specific patient by review of data 
obtained to determine a specific device recommendation and plan for its use; and 
(H) obtain and accurately record appropriate measurements and other data from 
the patient to design the recommended device. 
(2) Patient management. Upon completion of a residency, a person must be 
proficient in patient management skills for prosthetic and/or orthotic patients 
as displayed by the ability to: 
(A) measure a patient by using proper instruments and tests. Compile data to be 
used in device design and fabrication; 
(B) manipulate the patient's limbs to provide correction, position or 
deformation to obtain the most appropriate information; 
(C) replicate the patient's body or limbs to obtain an accurate anatomical 
impression to be used in fabricating a prosthetic and orthotic device; 
(D) achieve optimum comfort, function and cosmesis by using proper fitting 
techniques; 
(E) visually evaluate if a patient's gait has achieved optimum prosthetic and 
orthotic function; 
(F) achieve optimum alignment and function of a patient's prosthetic/orthotic 
device by evaluating the sagittal, transverse and coronal planes; 
(G) maintain proper documentation of the patient's treatment history through 
established records keeping techniques; and 
(H) provide ongoing patient care to assure continued proper fit and function of 
the prosthetic or orthotic device. 

sec.821.33. License Renewal. 
(a) Purpose. The purpose of this section is to set out the rules governing 
license renewal. 
(b) Application. This section applies to licensees and registrants of the board. 
Unless the text clearly says otherwise, use of the term licensee shall include 
both licensees and registrants, and use of the term license shall include both 
licenses or registrations. 
(c) General. Paragraphs (1) and (2) of this subsection do not apply to renewal 
of a provisional or temporary license or a student registration.
(1) When issued, a license is valid until the licensee's next birth month, 
unless the issue date would occur within six months of the licensee's birth 
month. In those cases the license shall be issued for the one to six-month 
period plus the next full year. After the initial license period, a licensee 
must renew the license biennially (every other year). 
(2) The renewal date of a license shall be the last day of the licensee's birth 
month. 
(3) Licensees are responsible for renewing the license before the expiration 
date and shall not be excused from paying additional fees or penalties. Failure 
to receive notification from the executive director before the expiration date 
of the license shall not excuse failure to file for renewal or late renewal. 
(4) The board shall not renew the license of the licensee who is violating the 
Act or board rules at the time of application for renewal. The renewal of a 
license shall not be granted to a licensee for whom a contested case is pending, 
but shall be governed by the Government Code sec.2001.054.
(5) The board shall not renew a license or registration if Education Code, 
sec.57.91 (relating to Loan Default Ground for Nonrenewal of Professional or 
Occupational License) prohibits renewal. 
(6) The board shall deny renewal of the license or registration if renewal is 
prohibited by a court order or attorney general's order issued pursuant to the 
Family Code, sec.232.002 (relating to Suspension of License for Failure to Pay 
Child Support or Comply with Subpoena). 
(d) License renewal requirements. 
(1) At least 45 days before the expiration date of a person's license, the 
executive director shall send notice to the licensee at the address in the 
board's records, of the expiration date of the license, the amount of the 
renewal fee due and a license renewal form that the licensee must complete and 
return to the board with the required renewal fee. The return of the completed 
renewal form following the requirements of paragraph (3) of this subsection 
shall be considered confirmation of the receipt of renewal notification. 
(2) The license renewal form for licensees shall require the provision of the 
preferred mailing address, primary employment address and telephone number, and 
misdemeanor and felony convictions. The supervising licensed prosthetist or 
orthotist shall sign the license renewal form for the licensed assistant and 
show on the form whether the supervisor and supervisee have complied with these 
rules. 
(3) A licensee has renewed the license when the licensee has mailed the renewal 
form, the required renewal fee, and the statement of continuing education, if 
required, to the executive director before the expiration date of the license. 
The postmark date shall be considered as the date of mailing. The current 
license will be considered active until the renewal is issued or finally denied. 
(4) A licensee must comply with applicable continuing education requirements to 
renew a license including the audit process described in sec.821.35 of this 
title (relating to Continuing Education). Continuing education shall not be 
required if the applicant is renewing a temporary or provisional license or a 
student registration. 
(5) The board shall issue a license certificate to a licensee who has met the 
renewal requirements. 
(e) Late renewal requirements. 
(1) The executive director shall inform a person who has not renewed a license 
after a period of more than 30 days after the expiration of the license of the 
amount of the fee required for late renewal and the date the license expired. 
(2) A person whose license has expired for not more than one year may renew the 
license by submitting the license renewal form and appropriate late renewal fee 
to the executive director. The renewal is effective if mailed to the executive 
director on or before the first anniversary of the license expiration date. The 
postmark date shall be considered as the date of mailing. 
(3) A person whose license has been expired more than one year may not renew the 
license. The person may obtain a new license by complying with the current 
requirements and procedures for obtaining an original license. 
(f) Expiration of license. 
(1) A person whose license has expired may not use the title or represent or 
imply that he has the title of "licensed orthotist," "licensed prosthetist," 
"licensed prosthetist/orthotist" or "licensed orthotist assistant" or "licensed 
prosthetist assistant" or use the letters "LO," "LP," "LPO," "LOA," "LPA," or 
"LPOA", and may not use facsimiles of those titles. 
(2) A person who fails to renew a license after one year is required to 
surrender the license certificate and identification card to the board. 
(g) Active duty. If a licensee fails to timely renew his or her license because 
the licensee is or was on active duty with the armed forces of the United States 
of America serving outside the State of Texas on the license expiration date, 
the licensee may renew the license in accordance with this subsection. 
(1) The licensee, the licensee's spouse, or an individual having power of 
attorney from the licensee may request renewal of the license. The renewal form 
shall include a current address and telephone number for the individual 
requesting the renewal. 
(2) Renewal may be requested before or after expiration of the license. 
(3) A copy of the official orders or other official military documentation 
showing that the licensee was on active duty serving outside the State of Texas 
on the license expiration date shall be filed with the board along with the 
renewal form. 
(4) A copy of the power of attorney from the licensee shall be filed with the 
board along with the renewal form if the individual having the power of attorney 
executes documents required in this subsection.
(5) A licensee renewing under this subsection shall pay the applicable renewal 
fee, but not the reinstatement fee or a penalty fee.
(6) A licensee renewing under this subsection shall be required to submit the 
same amount of continuing education hours as required for regular renewal unless 
the licensee shows to the satisfaction of the board that a hardship existed 
which prevented the licensee from obtaining the continuing education hours. 
Hardships may include medical reasons, combat duty, or assignment to a location 
where continuing education activities were not available. 

sec.821.35. Continuing Education. 
(a) Purpose. The purpose of this section is to establish the continuing 
education requirements a licensee shall meet to maintain licensure. The 
requirements are intended to maintain and improve the quality of services 
provided to the public by licensees and registrants. Continuing education credit 
includes programs beyond the basic preparation. These programs are designed to 
promote and enrich knowledge, improve skills, and develop attitudes for the 
enhancement of the profession, thus improving prosthetic and orthotic care 
provided to the public. 
(b) Application. This section applies to licensees and registrants of the board. 
Unless the text clearly says otherwise, use of the term licensee shall include 
both licensees and registrants, and use of the term license shall include both 
licenses or registrations. This section does not apply to a provisional or 
temporary license, or a student registration. 
(c) Effective date. The first continuing education period shall begin after the 
licensee has renewed his or her license for the first time. Continuing education 
will not be required during the initial license period. After that, a licensee 
is required to attend continuing education activities as a condition of renewal 
of a license. 
(d) Continuing education periods. 
(1) The continuing education period shall begin the first day of the month 
following the month in which the licensee's birthday occurs.
(2) Continuing education periods shall be two years in length. The period 
coincides with the license renewal period. 
(e) Determination of continuing education credits. 
(1) For seminars, lectures, presentations, symposia, workshops, conferences and 
similar activities, 50 minutes shall be considered as one credit. 
(2) Course work completed at or through an accredited college or university 
shall be credited based on eight credits for each semester hour completed for 
credit. Continuing education credit will be granted for a grade of C or better 
for the continuing education period in which the course is completed. 
(f) Requirements. Licensees shall attend and complete continuing education each 
renewal period unless the licensee is exempted under subsection (m) of this 
section. 
(1) Licensees shall be responsible for obtaining continuing education credit 
that meets the requirements of this section, based on subsection (i) of this 
section. 
(2) Licensees shall be responsible for maintaining proof of completion of his or 
her own continuing education credits. 
(3) Attendance and completion of the following number of continuing education 
credits are required: 
(A) prosthetist or orthotist license - 24; 
(B) prosthetist and orthotist license - 40; 
(C) prosthetist or orthotist assistant - 12; 
(D) prosthetist and orthotist assistant - 20; 
(E) prosthetic or orthotic technician - 6; and 
(F) prosthetic and orthotic technician - 10. 
(g) Acceptable activities. Of the total hours required, at least 75% must be 
live, instructor-directed activities. Twenty-five% or less may be self-directed 
study. 
(h) Acceptable topics. Of the total hours required, 80% must be directly related 
to prosthetics or orthotics depending on the type of license held, and 20% or 
less may be related to other topics. If the license is in prosthetics and 
orthotics, a combination of prosthetics or orthotics topics is allowed. 
(i) Acceptable types of continuing education. 
(1) Credits must be offered or approved by a state, regional or national 
orthotics, prosthetics, or allied health organization or offered by a regional 
accredited college or university. 
(2) Continuing education undertaken by a licensee shall be acceptable if the 
licensee attends and participates in an activity which falls in one or more of 
the following categories: 
(A) academic courses; 
(B) clinical courses; 
(C) in service educational programs, training programs, institutes, seminars, 
workshops, and conferences; or 
(D) self-study modules, with or without audio cassettes, and video cassettes of 
presentations, provided: 
(i) a post-test is required; and 
(ii) provided the number of hours completed do not exceed 25% of the credits 
required; 
(E) distance learning activities, audiovisual teleconferences, and interactive 
computer generated learning activities provided appropriate on-site supervision 
of participants is provided; 
(F) instructing or presenting in activities listed in subparagraphs (A)-(C) of 
this paragraph. Multiple presentations of the same program or equivalent 
programs may only be counted once during a continuing education period; and
(G) writing a book or article applicable to the practice of prosthetics and 
orthotics Four credits for an article and eight credits for a book will be 
granted for a publication in the continuing education period in which the book 
or article was published. Multiple publications of the same article or an 
equivalent article may only be counted once during a continuing education 
period. Publications may account for 25% or less of the required credit. 
(j) Reporting of continuing education credit. 
(1) At the time of license renewal, licensees shall file a continuing education 
report on a form provided by the board. 
(2) A representative sample of the licensees renewing during each month shall be 
selected at random for auditing continuing education credits. The following 
procedures shall apply to the audit. 
(A) At the time the renewal notice is sent to the licensee, the board shall 
notify the licensees selected for an audit. 
(B) If selected for an audit, the licensee shall submit certificates, 
transcripts or other documentation satisfactory to the board, verifying the 
licensee's attendance, participation and completion of the continuing education 
credits claimed on the report form. 
(C) The documentation shall be furnished at the time the renewal form is 
returned to the board. 
(3) Failure to timely furnish the required information, or knowingly providing 
false information during the renewal or audit process shall be grounds for 
disciplinary action against the licensee. 
(k) Failure to complete the required continuing education at renewal time. 
(1) The board shall notify a licensee applying for renewal who failed to 
complete the requirements for continuing education that if the licensee does not 
obtain the credits before the expiration of three months after the date the 
notice was given, the board may take action to suspend or revoke the license. 
Notice shall be given by first-class mail to the last address on file with the 
board. The date the notice was given shall be five calendar days after the date 
of the board's notice to the licensee. 
(2) The licensee shall be responsible for completing and reporting to the board 
the additional continuing education credits required within the three-month 
period after notice was given. 
(3) Credits earned during the additional three months shall only be applied to 
that continuing education period. Credit may not be carried over to the next 
period. 
(l) Failure to complete the continuing education credits after three months. 
(1) The board shall notify the licensee that the board intends to suspend or 
revoke the license for failure to complete and report the required continuing 
education. The licensee shall be offered the opportunity to show compliance with 
the continuing education requirements. 
(2) The licensee may request a formal hearing on the proposed suspension or 
revocation. The times and procedures for the showing of compliance and the 
formal hearing shall be those set out in sec.821.39 of this title (relating to 
Complaints). Failure to timely request a hearing will result in the waiver of 
the opportunity for a formal hearing. 
(m) Qualifying exemptions from the continuing education requirements.
(1) The following licensees are exempt from the requirements of this section if 
the qualifying event occurred during the 24 months immediate preceding the 
license expiration date. The licensee is responsible for submitting an affidavit 
stating the licensee meets the criteria for the exemption accompanied by proof 
satisfactory to the board: 
(A) a licensee who served in the regular armed forces of the United States of 
America; 
(B) a licensee who suffered a mental or physical illness or disability that 
prevented the licensee from complying with the requirements of this section; or 
(C) a licensee who suffered a catastrophic event such as a flood, fire, tornado, 
hurricane that prevented the licensee from complying with the requirements of 
this section; 
(2) Licensees employed as faculty in Commission on Accreditation of Allied 
Health Education Programs (CAAHEP) accredited programs or programs having 
educational standards equal to or greater than CAAHEP in prosthetics and 
orthotics shall be exempt from 50% of the continuing education requirements 
described in subsection (f) of this section. 
(3) Failure to submit documentation satisfactory to the board as required by 
paragraph (1) of this subsection shall be considered the same as failing to meet 
the continuing education requirements of this section. 
(n) Untrue documentation. Untrue documentation or information submitted to the 
board shall subject the licensee to disciplinary action as set out in sec.821.39 
of this title. 
(o) Unacceptable activities. Activities unacceptable as continuing education for 
which the board may not grant continuing education credit are:
(1) education incidental to the licensee's regular professional activities such 
as learning occurring from experience or research; 
(2) professional organization activity such as serving on boards, committees or 
councils or as an officer; 
(3) continuing education activities completed before the renewal period; 
(4) activities described in subsections (h) and (i) of this section completed 
more than once during the continuing education period;
(5) activities in which the licensee did not attend, participate, or complete; 
(6) performance of duties that are routine job duties or requirements; 
(7) self-directed study activities that did not include a post test; or 
(8) self-directed study activities that exceed the 25% limit as set out in 
subsection (g) of this section; and 
(9) activities not offered or approved by a state, regional or national 
prosthetics and/or orthotics organization or not offered by a regional 
accredited college or university. 

sec.821.37. Change of Name and Address. 
(a) Purpose. The purpose of this section is to set out the responsibilities and 
procedures for name and address changes. 
(b) The licensee shall notify the board of a name or preferred mailing address 
change within 30 days of the change(s). 
(c) Notification of address changes shall be made in writing and mailed to the 
executive director. Address changes shall include the name, mailing address, and 
zip codes. 
(d) Before the board will issue another license certificate and identification 
card, notification of name changes must be mailed to the executive director. 
Notification shall include a duly executed affidavit and a copy of a marriage 
certificate, court decree evidencing the change, or a Social Security card 
reflecting the new name. The licensee shall return previously issued license 
certificates and identification cards and remit the appropriate replacement fee 
as set out in sec.821.5 of this title (relating to Fees).

sec.821.39. Complaints. 
(a) Purpose. The purpose of this section is to set forth the procedures for 
processing complaints. 
(b) Filing of complaints. 
(1) Anyone may complain to the department alleging that a person has violated 
the Act or these rules. 
(2) A person wishing to file a complaint against a person licensed by the board 
or other person shall notify the department. The initial notification of a 
complaint may be in writing, by telephone, or by personal visit to the executive 
director's office. The mailing address is, Texas Board of Orthotics and 
Prosthetics, 1100 West 49th Street, Austin, Texas 78756-3183. Telephone: (512) 
834-4520. 
(3) Upon receipt of a complaint, the executive director shall send to the 
complainant an acknowledgment letter and, if additional information is needed, 
the department's complaint form, for the complainant to complete and return to 
the executive director. If the complaint is made by a visit to the executive 
director's office, the form may be given to the complainant then. 
(4) The department shall investigate anonymous complaints if the complaint 
provides sufficient information to do so. 
(c) Investigation of complaints. 
(1) The executive director is responsible for resolving complaints.
(2) The department shall investigate a complaint as requested by the executive 
director, and report the findings to the executive director.
(3) If the executive director determines that the complaint does not come within 
the department's jurisdiction, the executive director shall advise the 
complainant and, if possible, refer the complainant to the appropriate 
governmental agency. 
(4) The executive director, on behalf of the board, shall, at least as 
frequently as quarterly, notify the complainant and the respondent of the status 
of the complaint until its final disposition. 
(5) The executive director may recommend that a license be revoked, suspended, 
or application be denied, or that the licensee be placed on probation or that 
other appropriate action as authorized by law be taken.
(6) If the executive director determines insufficient grounds exist to support 
the complaint, the executive director shall dismiss the complaint and give 
written notice of the dismissal to the complainant, respondent, and other 
interested parties. 
(7) The executive director may issue letters of warning or advisory letters for 
minor violations of the Act or these rules. These letters may be used as 
evidence at a disciplinary hearing held concerning conduct of a person committed 
after receipt of the letter. 
(d) Board assistance in processing complaints. 
(1) The presiding officer may appoint one board member who is a licensed 
orthotist and one board member who is a licensed prosthetist to help the 
executive director in processing complaints. The board may overrule an 
appointment only upon the vote of four board members to do so. 
(2) The presiding officer may appoint one or more licensed prosthetists and 
orthotists who are not board members to serve as consultants to the executive 
director. These appointments are subject to the approval by a majority of the 
board. The consultants may not be paid for their services.
(3) The executive director may call upon one appointed board member and one 
consultant for assistance to resolve a particular complaint, as needed. 
(4) Board members who participate in processing a complaint will not participate 
in the decision concerning a final order in that matter.
(5) An appointed board member or consultant will review the complaint and the 
proposed action by the executive director when revocation, suspension, or denial 
of licensure is proposed. 
(e) Board oversight of processing complaints. 
(1) The executive director will prepare and present a report reflecting the 
status of the complaints received to the board at each board meeting. 
(2) The report will include the number of complaints received, the nature of the 
complaints made, action taken on the complaint, and the extent to which 
appointed board members or consultants have helped in processing complaints. 
(3) The board will approve the executive director's report and provide guidance 
to help the executive director in processing complaints as appropriate. 
(f) Formal disciplinary actions. 
(1) The board may take the following formal disciplinary action for a violation 
of the Act or these rules: deny a license, registration, or facility 
accreditation; suspend or revoke a license, registration, or facility 
accreditation; probate the suspension of a license, registration, or facility 
accreditation; issue a reprimand to a licensee, registrant, or accredited 
facility, or impose a civil penalty pursuant to the Act sec.34. 
(2) Before institution of formal disciplinary action the department shall give 
written notice by certified mail, return receipt requested, and regular mail, of 
the facts or conduct alleged to warrant the proposed action, and the licensee, 
registrant, or accredited facility shall be given an opportunity to show 
compliance with the requirements of the Act and these rules. 
(3) The written notice will be sent to the last reported address on record for 
the licensee, registrant, or accredited facility, and state that a request for a 
formal hearing must be received, in writing, within 14 days of the date of the 
notice, or the right to a hearing shall be waived and the action shall be taken 
by default. Notice sent to the last reported address is deemed received by the 
licensee, registrant, or accredited facility, and a default order may be entered 
upon failure to timely request a hearing whether or not the notice was received. 
(g) Informal hearings. 
(1) A licensee, registrant, or accredited facility may request that the 
executive director consider holding an informal hearing. The executive director 
has the discretion to grant or deny this request, and will grant the request 
only if it appears that an informal hearing may resolve the disciplinary matter. 
(2) An assigned board member or consultant may attend the informal hearing if 
requested to do so by the executive director. 
(3) The complainant and other interested parties with knowledge of relevant 
facts will be notified if an informal hearing is to be held, and may attend. 
(4) The informal hearing will be conducted in the manner established by the 
executive director. Parties will be afforded a reasonable opportunity to present 
their position regarding the matter at issue. 
(h) Formal hearings. 
(1) A formal hearing shall be conducted in accordance with the Administrative 
Procedure Act, Government Code, Chapter 2001, and 25 Texas Administrative Code, 
Chapter 1 (relating to Texas Board of Health). 
(2) Copies of the formal hearing procedures are indexed and filed in the 
executive director's office, Professional Licensing and Certification Division, 
1100 West 49th Street, Austin, Texas 78756-3183, and are available for public 
inspection during regular working hours. 
(i) Agreed orders. 
(1) Disciplinary actions may be resolved by agreed order anytime.
(2) The executive director may negotiate the terms of an agreed order with the 
licensee, registrant, or accredited facility, however, the agreed order is not 
effective until accepted by the board. 
(j) Probation. Any reasonable term or condition of probation may be included in 
an order. 

sec.821.41. Professional Standards and Disciplinary Provisions.
(a) Purpose. The purpose of this section is to set forth the bases for which a 
license, registration, or facility accreditation may be denied, revoked, 
suspended, probated, reprimanded, or for which a civil penalty may be imposed. 
(b) Fraud, misrepresentation, or concealment of a material fact. A license, 
registration, or facility accreditation may be denied, revoked, suspended, 
probated, reprimanded, or a civil penalty may be imposed when a license is 
obtained by fraud, misrepresentation, or concealment of a material fact, which 
includes, but is not limited to, the following: 
(1) committing fraud, misrepresentation, or concealment of a material fact 
submitted with an application or renewal for licensure, registration, or 
facility accreditation; 
(2) committing fraud, misrepresentation, or concealment of a material fact 
submitted with continuing education requirements; 
(3) impersonating or acting as a proxy for an examination candidate or at a 
continuing education activity; or 
(4) committing other fraud, misrepresentation, or concealment of a material fact 
submitted to the board or department. 
(c) Fraud or deceit concerning services provided. A license, registration, or 
facility accreditation may be denied, revoked, suspended, probated, reprimanded, 
or a civil penalty may be imposed for fraud or deceit concerning services 
provided, which includes, but is not limited to, the following:
(1) placing or causing to be placed, false, misleading, or deceptive 
advertising; 
(2) making or allowing false, misleading, or deceptive representations 
concerning the services or products provided or which have been provided; 
(3) making or allowing false, misleading, or deceptive representations on an 
application for employment; 
(4) using or allowing a person to use a license or registration for any 
fraudulent, misleading, or deceptive purpose; 
(5) employing or associating with a person or entity, who is providing 
prosthetic or orthotic services, and is not licensed or accredited as required 
by the Act or these rules; 
(6) forging, altering, or falsifying a physician's order;
(7) delivering prosthetic and orthotic services or products through means of 
misrepresentation, deception, or subterfuge; 
(8) accepting or paying, or agreeing to pay or accept illegal remuneration for 
the securing or soliciting of patients as prohibited by Health and Safety Code 
sec.161.091; 
(9) making or filing, or causing another person to make or file, a report or 
record that the licensee knows to be inaccurate, incomplete, false, or illegal; 
(10) practicing with an expired, suspended, or revoked license or registration, 
or in a nonexempt facility with an expired, suspended, or revoked accreditation; 
(11) persistently or flagrantly overcharging a client or third party; 
(12) persistently or flagrantly over treating a client;
(13) willful violation of a board order; 
(14) taking without authorization medication, supplies, equipment, or personal 
items belonging to a patient; and 
(15) other fraud or deceit concerning services provided.
(d) Unprofessional or unethical conduct. A license, registration, or facility 
accreditation may be denied, revoked, suspended, probated, reprimanded, or a 
civil penalty may be imposed for unprofessional or unethical conduct, as defined 
in subsections (b) and (c) of this section. Other action which may cause the 
board to deny a license, registration, or facility accreditation include, but 
are not limited to: 
(1) discriminating based on race, color, disability, sex, religion, age, or 
national origin in the practice of prosthetics or orthotics;
(2) having surrendered a license to the board or the licensing authority of 
another state, territory, or country to avoid disciplinary action or 
prosecution; 
(3) having a license revoked or suspended, having had other disciplinary action 
taken against the applicant, or having had the application for a license 
refused, revoked, or suspended by the board or the licensing authority of 
another state, territory, or country; 
(4) engaging in conduct that state, federal, or local law prohibits; 
(5) failing to maintain acceptable standards of prosthetics or orthotics 
practices as set forth by the board in rules adopted pursuant to these rules; 
(6) being unable to practice prosthetics or orthotics with reasonable skill, and 
safety to patients, due to illness or use of alcohol, drugs, narcotics, 
chemicals or other types of material or from mental or physical conditions; 
(7) having treated or undertook to treat human ailments by means other than 
prosthetic and orthotic treatments appropriate to or within the scope permitted 
by law of the issued license, as defined in sec.821.2 (relating to Definitions); 
(8) intentionally or negligently failing to supervise and maintain supervision 
of support personnel, licensed or unlicensed, in compliance with the Act and 
these rules; 
(9) providing prosthetic and orthotic services or products in a way that the 
person knows, or with the exercise of reasonable diligence should know violates 
the Act or these rules; 
(10) failing to assess and evaluate a patient's status;
(11) providing or attempting to provide services in which the licensee is 
untrained by education or experience; 
(12) delegating functions or responsibilities to an individual lacking the 
ability, knowledge, or license/registration to perform the function or 
responsibility; 
(13) revealing confidential information concerning a patient or client except 
where required or allowed by law; 
(14) failing to obtain accreditation for a facility that is not exempt or 
failing to renew the accreditation of a facility that is not exempt; 
(15) practicing in an unaccredited facility that is not exempt; 
(16) assaulting or causing, permitting or allowing physical or emotional injury 
or impairment of dignity or safety to the patient or client;
(17) making abusive, harassing, or seductive remarks to a patient, client, or 
co-worker in the workplace; 
(18) engaging in sexual contact with a patient or client as the result of the 
patient or client relationship; 
(19) failing to follow universal precautions or infection control standards as 
required by the Health and Safety Code, Chapter 85, Subchapter I; 
(20) submitting false documentation or information to the board relating to 
continuing education; 
(21) failing or refusing to provide acceptable documentation of continuing 
education reported to the board for renewal if selected for an audit, or if 
specifically requested by the board; 
(22) failing to cooperate with the board or the department by not furnishing 
required documentation or responding to a request for information or a subpoena 
issued by the board, its authorized representative, the department, or the 
department's authorized representative; 
(23) interfering with an investigation or disciplinary proceeding by willful 
misrepresentation of facts or by use of threats, retaliation or harassment 
against anyone; 
(24) fitting a prosthesis or orthosis without prescription;
(25) fitting a prosthesis or orthosis inaccurately or modifying the prescription 
without authorization from the prescribing physician; and 
(26) other unprofessional or unethical conduct. 
(e) Gross negligence or malpractice. A license, registration, or facility 
accreditation may be denied, revoked, suspended, probated, reprimanded, or a 
civil penalty may be imposed for gross negligence or malpractice, which 
includes, but is not limited to, the following. 
(1) Performing an act or omission constituting gross neglect, such as conduct 
involving malice, willfulness or wanton and reckless disregard of the rights of 
others. 
(2) Performing an act or omission constituting malpractice, such as: 
(A) failing to perform services or provide products with reasonable care, skill, 
expedience, and faithfulness; or 
(B) failing to do that which a person of ordinary prudence would have done under 
the same or similar circumstances, or doing that which a person of ordinary 
prudence would not have done under the same or similar circumstances. 
(f) Violations. A license, registration, or facility accreditation may be 
denied, revoked, suspended, probated, reprimanded, or a civil penalty may be 
imposed for violations of this Act or these rules. 

sec.821.43. Licensing Persons With Criminal Backgrounds. 
(a) Purpose. The purpose of this section is to comply with the requirements of 
Texas Civil Statutes, Article 6252-13d (relating to Suspension, Revocation, or 
Denial of License to Persons with Criminal Backgrounds; Guidelines and 
Application of Law.) This section is designed to establish guidelines and 
criteria on the eligibility of persons with criminal backgrounds to obtain 
licenses. Unless the text clearly says otherwise, use of the term licensee shall 
include both licensees and registrants, and use of the term license shall 
include both licenses or registrations. 
(b) Guidelines. The board may deny an application or revoke, suspend, or place 
on probation an existing license or registration if an applicant, licensee, or 
registration holder has been convicted of a crime (felony or misdemeanor) 
according to the following guidelines. 
(1) Licensees and registrants are required to conduct the profession of 
prosthetics and orthotics with honesty, trustworthiness, and integrity. Those 
criminal convictions that show unwillingness or inability to follow these 
requirements may be a basis to deny a license or begin disciplinary action 
against an existing license. 
(2) The factors and evidence listed in Texas Civil Statutes, Article 6252-13c 
sec.4 (relating to Eligibility of Persons with Criminal Backgrounds for Certain 
Occupations, Professions, and Licenses) shall be considered in determining 
eligibility for a license or registration. 
(3) The executive director will review the criminal convictions and determine 
what disciplinary action should be taken, and may ask that an appointed board 
member or consultant help in making the decision. 
(c) Applicant responsibilities. It is the responsibility of the applicant to 
obtain and send the board the recommendations of the prosecution, law 
enforcement, and correctional authorities regarding offenses. The applicant 
shall also furnish proof, in documentation acceptable to the board, that he or 
she has maintained a record of steady employment, supported his or her 
dependents, maintained a record of good conduct, and paid all outstanding court 
costs, supervision fees, fines, and restitution as ordered in the criminal cases 
in which he or she has been convicted. 

sec.821.45. Default Orders. 
(a) If a right to a hearing is waived under sec.821.39 of this title (relating 
to Complaints), the board shall consider an order taking appropriate 
disciplinary action against the licensee as described in the written notice to 
the licensee or applicant. 
(b) The licensee or applicant and the complainant shall be notified of the date, 
time, and place of the board meeting at which the default order will be 
considered. Attendance is voluntary. 
(c) Upon an affirmative majority vote, the board shall enter an order imposing 
appropriate disciplinary action. 

sec.821.47. Surrender of License.
(a) Surrender by licensee. 
(1) A licensee or registrant may voluntarily offer to surrender his or her 
license anytime for any reason, without compulsion. 
(2) The license or registration may be delivered to the department by hand or 
certified mail. 
(3) If a complaint is not pending, the executive director may accept the 
surrender and void the license. 
(b) Formal disciplinary action. 
(1) When a licensee or registrant has offered the surrender of his or her 
license after a complaint has been filed, the board shall consider whether to 
accept the surrender of the license or registration. 
(2) Surrender of a license or registration without acceptance by the board does 
not deprive the board of jurisdiction against the licensee or registrant to 
prosecute an alleged violation of the Act or these rules.
(3) When the board accepts a surrender while a complaint is pending, that 
surrender is deemed to be the result of a formal disciplinary action and a board 
order shall be prepared accepting the surrender and reflecting this fact. 
(c) Reinstatement. A license or registration surrendered and accepted may not be 
reinstated; however, a person may apply for a new license or registration in 
accordance with the Act and these rules. 

sec.821.49. Suspension of License for Failure to Pay Child Support. 
(a) This section carries out the provision of the Family Code, Chapter 232, 
(relating to Suspension of License for Failure to Pay Child Support or Comply 
with a Subpoena). 
(b) On receipt of a final court or attorney general's order suspending a license 
due to failure to pay child support, the executive director shall immediately 
determine if the board has issued a license to the obligor named on the order, 
and, if a license has been issued: 
(1) record the suspension of the license in the board's records;
(2) report the suspension as appropriate; and 
(3) demand surrender of the suspended license. 
(c) The board shall carry out the terms of a final court or attorney general's 
order suspending a license without additional review or hearing. The board will 
provide notice as appropriate to the licensee or to others concerned with the 
license. 
(d) The board may not modify, remand, reverse, vacate, or stay a court or 
attorney general's order suspending a license under this section and may not 
review, vacate, or reconsider the terms of a final order suspending a license 
under this section. 
(e) A licensee who is the subject of a final court or attorney general's order 
suspending his or her license is not entitled to a refund for fees paid to the 
board. 
(f) If a suspension overlaps a license renewal period, an individual with a 
license suspended under this section shall comply with the normal renewal 
procedures in the Act and these rules; however, the license will not be renewed 
until subsections (h) and (i) of this section are met.
(g) An individual who continues to engage in the profession of prosthetics or 
orthotics, or who continues to use the titles "licensed prosthetist, orthotist 
or prosthetist/orthotist," "provisional licensed prosthetist, orthotist or 
prosthetist/orthotist," or "temporary licensed prosthetist, orthotist or 
prosthetist/orthotist" after the issuance of a court or attorney general's order 
suspending the license is liable for the same civil penalties provided for 
engaging in the prohibited activity without a license or while a license is 
suspended. 
(h) On receipt of a court or attorney general's order vacating or staying an 
order suspending a license, the executive director shall promptly issue the 
affected license to the individual if the individual is otherwise qualified for 
the license. 
(i) The individual must pay a reinstatement fee set out at sec.821.5 (relating 
to Fees) before issuance of the license under subsection (h) of this section. 

sec.821.51. Civil Penalty. 
(a) A person who violates the Act is subject to a civil penalty of $200 for the 
first violation and $500 for each subsequent violation. At the request of the 
board, the attorney general shall bring an action in the name of the state to 
collect a civil penalty under this section. 
(b) Each day a violation of the Act sec.22 continues is a separate violation for 
the purpose of this section. 
(c) A person, who attempts, offers, or contracts to practice the prosthetic or 
orthotic profession, is subject to a civil penalty for each person to whom 
prosthetic or orthotic services are or would be provided pursuant to the 
attempt, offer, or contract. 

sec.821.53. Program Accessibility. 
Board programs will be available in the English language. An individual may 
access the board's programs including board meetings and examinations in a 
language other than English if the individual provides an interpreter or 
translator at the individual's expense. The Office of Language Services within 
the department is contacted for assistance with unique foreign language 
requests. 

sec.821.55. Consumer Notification.
Display of notice of licensure shall be as follows. 
(1) Prosthetists/orthotists licensed to practice prosthetics/orthotics shall 
prominently display a notice in a waiting room or other area where it shall be 
visible to the patients. This notice shall be posted at all facilities where the 
licensee(s) practices and all board accredited facilities. This does not include 
facilities that the licensee visits to treat patients, such as hospitals, 
nursing homes or patients' homes. 
(2) The notice shall be printed on a sign or surface measuring at least 8-1/2 
inches by 11 inches, having a white background and black letters of at least 24 
points, bold print, with at least 0.5 points between lines. Script or 
calligraphy prints are not allowed. The notice shall be worded according to the 
following specifications. 
Figure: 25 TAC sec.821.55(2) 

sec.821.57. Petition for the Adoption of a Rule. 
(a) Purpose. The rule's purpose is to delineate the Texas Board of Orthotics and 
Prosthetics' procedures for the submission, consideration, and disposition of a 
petition to the board to adopt a rule. 
(b) Submission of the petition. 
(1) Any person may petition the board to adopt a rule. 
(2) The petition shall be in writing, shall contain the petitioner's name and 
address, and shall describe the rule and the reason for it. However, if the 
executive director determines that more information is necessary to help the 
board in reaching a decision, the executive director may require that the 
petitioner resubmit the petition and that it contain:
(A) a brief explanation of the proposed rule; 
(B) the text of the proposed rule showing the words to be added or deleted from 
the current text, if any; 
(C) a statement of the statutory or other authority under which the rule is to 
be declared; and 
(D) the anticipated public benefits from adopting the rule or the anticipated 
injury or inequity that could result from the failure to adopt the proposed 
rule. 
(3) The board may deny a petition that does not contain the information in 
paragraph (2) of this subsection or the information in paragraph (2)(A)-(D) of 
this subsection if the executive director determines that the latter information 
is necessary. 
(4) The petition shall be mailed or delivered to the Texas Board of Orthotics 
and Prosthetics, Texas Department of Health, 1100 West 49th Street, Austin, 
Texas 78756-3183. 
(5) The executive director shall submit the petition to the board for its 
consideration and disposition. 
(c) Subsequent petitions to adopt the same or similar rule. The executive 
director may refuse to forward subsequent petitions for the adoption of the same 
or similar rule submitted within six months after the date of the initial 
petition. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on July 13, 1998.
TRD-9811031
Scott B. Atha
Presiding Officer
Texas Board of Orthotics and Prosthetics
Earliest possible date of adoption: August 23, 1998
For further information, please call: (512) 458-7236

TITLE 28. INSURANCE
PART I. Texas Department of Insurance
CHAPTER 34. State Fire Marshall
SUBCHAPTER H. Storage and Sale of Fireworks
28 TAC sec.sec.34.801, 34.807-34.809, 34.811 - 34.815, 34.817 - 34.818, 34.822 - 
34.826, 34.828 and 34.830
The Texas Department of Insurance proposes amendments to Subchapter H, Storage 
and Sale of Fireworks, by amending sec.sec.34.801, 34.807 - 34.809, 34.811 - 
34.815, 34.817 - 34.818, 34.822 - 34.826, 34.828 and 34.830. These proposed 
amendments are necessary in part to implement legislation enacted by the 75th 
Legislature in SB 371. SB 371, in part, transferred the operations of the state 
fire marshal and all of the powers, duties, rights, obligations, contracts, 
records, personnel, property, funds, and unspent appropriations of the Texas 
Commission on Fire Protection with respect to the administration of Article 
5.43-4 of the Insurance Code from the Texas Commission on Fire Protection to the 
Texas Department of Insurance, effective September 1, 1997. Consequently, the 
Texas Department of Insurance now regulates fireworks. Therefore, provisions in 
the fireworks rules referring to the Texas Commission on Fire Protection are 
amended to reflect the transfer of authority from that commission to the 
Commissioner of Insurance. SB 371 also eliminated the fireworks importer 
license, added a pyrotechnic special effects license, and created two separate 
public display permits - single and multiple. The importer license was removed 
by statute, and is also removed by these amendments, because the function 
performed by the importer - importing of fireworks from other states to Texas - 
will now be performed by the licensed fireworks distributor. The multiple 
display permit replaces the public display license, which was also removed by SB 
371 and is also removed by these amendments. Public display licensees, who 
formerly have been required by statute to pay late fees for late renewals, will 
no longer be required to pay the statutory late fees required of all fireworks 
licensees, but will be required to apply annually for multiple public display 
permits. Dividing public display permits into two categories of permits - single 
and multiple - is more appropriate than a single public display permit because 
while many public fireworks displays are performed at certain locations only 
once or twice per year, some businesses provide fireworks displays on many 
occasions throughout each year. The addition of the new license for a 
pyrotechnic special effects operator is appropriate because local governments 
sometimes require that a public fireworks display using Fireworks 1.4G be 
supervised by a licensed pyrotechnic technician. In these instances, a license 
requiring expertise in the use of Fireworks 1.4G should be issued. These 
amendments establish application fees for the new license and permits and also 
establish renewal fees for the new license. SB 371 also stated that the 
commissioner shall adopt by reference two NFPA standards - NFPA 1123, applicable 
to public fireworks displays, and NFPA 1126, applicable to pyrotechnic displays 
before proximate audiences. The proposed amendments to sec.34.826 include NFPA 
1126 in new subsection (k), but do not include NFPA 1123. NFPA 1123 will be 
considered by the commissioner separately in an upcoming rulemaking procedure. 
Additionally, SB371 deleted references to class B and class C fireworks, and 
substituted for those classes the newer classifications, Fireworks 1.3G and 
Fireworks 1.4G, which are used in federal law, as well as in other 
jurisdictions. Although some of the rules in this subchapter previously have 
been amended using the newer classification system, the proposed amendments also 
use the newer classifications, resulting in uniform use of the newer 
classifications throughout the fireworks rules. Additionally, sec.34.801 is 
amended by the addition of a provision stating that the rules should be read in 
conjunction with Article 5.43-4 of the Insurance Code for a complete 
understanding of the regulation of the fireworks industry. Section 34.807 is 
amended by the removal of an unnecessary provision providing for administrative 
actions against license and permit holders in accordance with the Administrative 
Procedure Act. The removal of this provision does not reflect a policy not to 
enforce the statute and regulations affecting the fireworks industry. 
Additionally, sec.34.808 is amended by deleting definitions of the terms that 
are already defined in Article 5.43-4 of the Texas Insurance Code, as well as 
terms that have been removed by SB 371. Additionally, sec.34.809(c) is amended 
by the addition of a sentence requiring that the original permit be posted at 
all retail locations for which the permit was issued. Subsection 34.809(h) is 
amended to require that persons engaging in the business of using or storing 
Fireworks 1.3G must obtain a federal license or permit if required by federal 
law, making it clear that the insurance department will enforce this provision. 
Additionally, sec.34.811(e) will increase from three to five the number of 
public displays in which a pyrotechnic operator license applicant must have 
assisted before being licensed. The amendment also will require a written 
verification of this experience by another licensed pyrotechnic operator. This 
requirement is intended to ensure that such operators have adequate experience 
before becoming licensed to conduct public displays. Section 34.812(b) is 
amended by clarifying the time at which public display permits expire, which 
will be midnight on the date on the permit. Additionally, sec.34.813(c) is 
amended to require that the name, address and telephone number of the applicant 
be stated on the public display permit, rather than the sponsoring organization 
or person. This will enable the public and any regulatory authority to determine 
the identity of the person or business responsible for the conduct of the 
display. An additional amendment to sec.34.813(c) allows the number of fireworks 
to be discharged at a public display to be estimated in the application and on 
the permit, because the exact number that will be discharged often cannot be 
precisely determined when the permit is issued. Additionally, subsection (e) is 
amended by the addition of a requirement that a separate permit is required for 
each site separated by over 1000 feet from another permitted site. This 
requirement also enables both the public and any regulatory authority to 
identify the person or businesses responsible for all public displays. This will 
allow each site to be separately evaluated for safety requirements. 
Additionally, sec.34.815(b) is amended to allow a limited version of the 
fireworks rules to be provided to a purchaser of a retail fireworks permit. This 
will allow the fireworks licensee to furnish only those rules applicable to 
retail permit holders, rather than the entire set of fireworks rules. This 
should reduce confusion about which provisions in the rules are of concern to 
these permit holders. Additionally, sec.34.815(c) is amended to require that 
both used and unused permits be returned no later than March 1 of each year. 
Additionally, sec.34.817(f) is amended by removing the prohibition against 
displays from air supported structures, because the meaning of this prohibition 
is unclear to both regulatory authorities and to the industry, and public safety 
is not jeopardized by the removal of this unclear provision. Subsection (f) is 
also amended to prohibit retail fireworks stand operators and assistants from 
operating a fireworks stand while under the influence of alcoholic beverages or 
from consuming alcohol while operating the stand. Additionally, sec.34.818(b) is 
amended to allow a power interruption in the form of one or more switches near 
exit doors of retail fireworks stands at a single location. This change provides 
greater flexibility and less expense than the current requirement of a master 
switch, but does not sacrifice safety. Additionally, sec.34.824 is amended to 
clarify that the tables specifying that the separation between fireworks 
processing and storage buildings and other structures are applicable except to 
the extent that federal law may be less restrictive. Additionally, 
sec.34.825(a)(3) is deleted because it is an unnecessary and potentially unclear 
provision stating that reporting of hazardous material dents as required by 
federal regulations is not required by these rules. The removal of the provision 
does not reflect any department of insurance position relating to the reporting 
of such incidents under federal law. Additionally, sec.34.826 is amended by the 
addition of a new subsection (k) providing that the testing of fireworks is not 
considered a public display, and clarifying that no additional license or permit 
is required for this activity. However, such testing will be required to be 
conducted under the supervision of a licensed pyrotechnic operator. This 
amendment permits the testing of fireworks products to minimize the risk of harm 
to the public. Additionally, sec.34.828 is amended to delete obsolete 
provisions. New provisions are added to that section stating that the amendments 
to this subchapter relating to manufacturing operations and bulk storage of 
Fireworks 1.4G and to the storage of Fireworks 1.3G are only applicable to 
facilities for which construction is begun after the effective date of the 
amendments, and not to existing facilities. Section 34.830 is rewritten for the 
purpose of clarification. It provides that disciplinary actions against 
licensees and permitees will be based on law in effect at the time of the 
alleged violations. 
G. Mike Davis, state fire marshal, has determined that for each year of the 
first five years the proposed sections are in effect, any fiscal implications to 
state government will be the result of the legislative enactment of the 
Insurance Code, Article 5.43-4, not the result of adoption and implementation of 
these amendments. There are no fiscal implications for local government as a 
result of enforcing or administering these amendments. The adoption of NFPA 1126 
will not impact local governments because local governments who determine the 
locations of displays, or who are involved in any manner in the conduct of such 
displays have already implemented standards affecting these displays. There will 
be no effect on the local economy or local employment.
Mr. Davis also has determined that for each year of the first five years the 
proposed amendments are in effect, the anticipated public benefit from enforcing 
and administering the amendments is improved continuity of effective and 
efficient regulation of fireworks. Additionally, adoption of the federal 
classifications for fireworks will remove inconsistencies between federal law 
and state regulations. The fireworks industry and the public will be better 
protected if the classification system is the same for both federal and state 
regulatory purposes. The benefits of the changes in the license and permit 
classifications are that the licensees and permit holders in the fireworks 
business will be better able to efficiently and competently provide fireworks 
products and services to the consumers. The elimination of the importer license 
will require firms formerly licensed as importers to obtain a distributor's 
license to import fireworks from other states into Texas. Mr. Davis anticipates 
that this change in the licensing structure will produce the following results 
based on the following assumptions: (1) The one fireworks firm currently 
licensed only as an importer will obtain a license as a distributor, and 
therefore will pay an annual licensing fee of $1,500.00, rather than the $200.00 
fee for the importer license. (2) Each of the eleven firms currently licensed 
both as importers and as jobbers will obtain licenses as distributors only, and 
therefore each will pay an annual licensing fee of $1,500.00 rather than the 
combined fees of $200.00 for the importer license and $1,000.00 for the jobber 
license. The reason for the assumption that these firms will no longer renew 
their licenses as jobbers is that a licensed distributor, like a jobber, is 
authorized to import and purchase fireworks for resale to retailers. Therefore, 
these firms would no longer need licenses as jobbers. (3) Each of the nineteen 
firms currently licensed both as importers and as distributors will continue to 
renew their licenses as distributors, and therefore each will pay only the 
$1,500.00 annual license fee. Mr. Davis therefore anticipates that the decrease 
in importer and jobber license fees paid will be slightly more than offset by 
the increase in distributor license fees paid, and that the resulting average 
annual increase in total license fees paid by the licensed fireworks industry 
will be $800.00. The new license required by SB 371, and which is included in 
these amendments, is the pyrotechnic special effects operator. The fireworks 
advisory committee appointed by the commissioner of insurance estimates that 
approximately 100 such licenses will be issued during the first year. The 
initial license fee and the license renewal fee established by these amendments 
for this new license is $25.00. These fees will result in $2,500.00 of 
additional license fees paid annually by these licensees. These changes in the 
licenses and the corresponding fees are the result of the amendments in SB 371 
to the licensing and permit structure in Article. 5.43-4 of the Insurance Code. 
The fees for the licenses not created by SB 371 are not changed by these 
proposed amendments. The benefit of amending sec.34.813(e) to clarify the amount 
of horizontal separation permitted between firing sites is that public display 
permit applicants will know precisely how much separation is allowed between 
separate firing sites for a single display. This limit should have little if any 
effect on the number of required permits because the state fire marshal has 
previously required a separate permit for each site where multiple sites were 
used for a single event of fireworks display. If there is any cost effect on the 
industry, it should be a slight decrease in the number of public display permits 
required. Small and large businesses will incur the same additional costs 
resulting from the amendments restructuring the licenses and the public display 
permits. On the basis of cost per hour of labor, there is no anticipated 
difference in cost of compliance between small and large businesses. For public 
safety reasons, it is equally important for both large and small businesses to 
comply with these rules, so a waiver for small businesses from these provisions 
will not be feasible. 
Comments on the proposal must be submitted in writing within 30 days after 
publication of the proposal in the Texas Register, to Lynda H. Nesenholtz, 
General Counsel & Chief Clerk, Texas Department of Insurance, P.O. Box 149104, 
Mail Code 113-2A, Austin, Texas 78714-9104. An additional copy of the comments 
must be submitted to Mr. G. Mike Davis, State Fire Marshal, Texas Department of 
Insurance, Mail Code 108-FM, Austin, Texas 78714-9104. Requests for a public 
hearing should be submitted separately to the Office of the Chief Clerk. 
The proposal is submitted pursuant to the Insurance Code, Articles 5.43-4 and 
1.03A. The Insurance Code, Article 5.43-4, section 16(a), directs the 
commissioner to adopt rules the commissioner considers necessary for the 
protection, safety, and preservation of life and property, including rules 
regulating: (1) the issuance of licenses and permits to persons engaged in 
manufacturing, selling, storing, possessing, or transporting fireworks in this 
state; (2) the conduct of public fireworks displays; and (3) the safe storage of 
Fireworks 1.4G and Fireworks 1.3G. Section 16(b) further directs the 
commissioner to: (1) determine reasonable criteria and qualifications for 
licenses and permits; (2) set license and permit fees within the limits provided 
by Article 5.43-4; (3) determine the qualifications and examination requirements 
for pyrotechnic operators; and (4) establish a procedure for reporting and 
processing complaints. Section 5 of Article 5.43-4 also provides that the 
commissioner, in promulgating rules, may use standards recognized by federal law 
or regulation, and those published by a nationally recognized standards-making 
organization. Article 1.03A provides that the commissioner may adopt rules and 
regulations to execute the duties and functions of the Texas Department of 
Insurance only as authorized by a statute. 
The following statutes are affected by the proposal: The Insurance Code, Article 
5.43-4. 

sec.34.801. Purpose. 
The purpose of the rules set forth in these sections is to regulate the sale, 
distribution, and use of certain fireworks in the interest of protecting and 
preserving lives and property pursuant to the Insurance Code, Article 5.43-4. 
<nl>These rules should be read in conjunction with Insurance Code, Article 5.43-
4, for a complete understanding of the regulation of this subject matter.<ol> 

sec.34.807. Administration. 
(a) The State Fire Marshal is charged with the duty to administer these 
sections, the orders of the <nl>commissioner<ol> [Commission] and the 
enforcement of the Insurance Code, Article 5.43-4. 
(b) (No change.) 
[(c) Violations of these sections may be the basis for administrative action 
against license and permit holders in accordance with the Administrative 
Procedure and Texas Register Act, Texas Civil Statutes, Article 6252-13a.] 

sec.34.808. Definitions. 
The following words and terms, when used in <nl>this subchapter<ol> [these 
sections], shall have the following meanings, unless the context clearly 
indicates otherwise. 
<nl>(1)<ol> Acceptor building - A building which is exposed to embers and debris 
emitted from a donor building. 
<nl>(2)<ol> Agricultural, industrial, or wildlife control permits - Permits 
authorizing the holder to use Fireworks 1.3G for specified purposes in these 
business activities. 
<nl>(3)<ol> Bare wiring - Any electrical cable or cord any part of which has the 
insulating cover broken or removed, exposing bare wire. 
<nl>(4)<ol> Barricade - A natural or artificial barrier that will effectively 
screen a magazine, building, railway, or highway from the effects of an 
explosion in a magazine or building containing explosives. It shall be of such 
height that a straight line from the top of any side wall of a building, or 
magazine containing explosives to the eave line of any magazine, or building, or 
to a point 12 feet above the center of a railway or highway, will pass through 
such natural or artificial barrier. 
<nl>(5)<ol> Barricade, artificial - An artificial mound or revetted wall of 
earth of a minimum thickness of one foot. 
<nl>(6)<ol> Barricade, natural - Natural features of ground, such as hills, or 
timber of sufficient density that the surrounding exposures that require 
protection cannot be seen from the magazine or building containing explosives 
when the trees are bare of leaves 
<nl>(7)<ol> Barricade, screen type - Any of several barriers for containing 
embers and debris from fires and deflagrations in process buildings that could 
cause fires and explosions in other buildings. Screen type barricades shall be 
constructed of metal roofing, inch or 1/2 inch mesh screen or equivalent 
material. A screen type barricade extends from the floor level of the donor 
building to such height that a straight line from the top of any side wall of 
the donor building to the eave line of the acceptor building will go through the 
screen at a point not less than five feet from the top of the screen. The top 
five feet of the screen are inclined at an angle of between 30 and 45 degrees, 
toward the donor building. 
<nl>(8)<ol> Breakaway construction - A general term which applies to the 
principle of purposely providing a weak wall so that the explosive effects can 
be directed and minimized. The term "weak wall" as used in these sections refers 
to a weak wall and roof, or weak roof. The term "weak wall" is used in a 
relative sense as compared to the construction of the entire building. The 
design strength of the weak wall will vary as to the building construction, as 
well as to the type and quantity of explosive or pyrotechnic materials in the 
building. The materials used for weak wall construction are usually light gauge 
metal, plywood, hardboard, or equivalent lightweight material, and the material 
is purposely selected to minimize the danger from flying missiles. Method of 
attachment of the weak wall shall be such as to aid the relief of blast pressure 
and fireball. 
<nl>(9)<ol> Bulk storage, Fireworks 1.4G - The storage of 500 or more cases of 
Fireworks 1.4G. 
<nl>(10)<ol> Business - The manufacturing, importing, distributing, jobbing, 
retailing of permissible fireworks, acting as a pyrotechnic operator, the 
conducting of multiple public fireworks displays, using fireworks for 
agricultural, wildlife, or industrial purposes. 
<nl>(11)<ol> Buyer - Any person or group of persons offering an agreed upon sum 
of money or other considerations to a sales person for fireworks. 
<nl>(12)<ol> CFR - The Code of Federal Regulations, a codification of the 
general and permanent rules published in the Federal Register by the executive 
departments and agencies of the federal government. The Code is divided into 50 
titles. The titles are divided into chapters, which are further subdivided into 
parts. 
<nl>(13)<ol> <nl>Commissioner - The Commissioner of Insurance.<ol> 
[Commission --The Texas Commission on Fire Protection] 
[Common fireworks, Class C - A small fireworks device, designed primarily to 
produce visible and/or audible effects by combustion, that complies with the 
construction and chemical composition requirements of Title 16 C.F.R. Part 1507 
(1984), and the labeling requirements of the United States Consumer Product 
Safety Commission, and that is classified as a Class C explosive by the DOT. ] 
[Distributor - A person or entity that sells fireworks to jobbers, retailers, or 
other distributors for resale to others.] 
<nl>(14)<ol> Donor building - A process building from which embers and burning 
debris are emitted during a fire. 
<nl>(15)<ol> DOT - The United States Department of Transportation. 
[Fireworks - Any composition or device designed to produce a visible or audible 
effect by combustion, explosion, deflagration, or detonation, and that is 
defined as "special fireworks" by Title 49 C.F.R. sec.l73.88(d), (l983), or as 
"common fireworks" by Title 49 C.F.R. sec.l73.l00(r), (l983). Exceptions to this 
definition are found in the Insurance Code, Article 5.43-4, sec.4. ] 
<nl>(16)<ol> Fireworks plant - All lands, and buildings thereon, used for or in 
connection with the manufacture or processing of fireworks. It includes storage 
facilities used in connection with plant operation. 
[Fire prevention officer - The chief of a fire department, a fire marshal, the 
county fire marshal, the sheriff, a constable, any other local enforcement 
officer primarily responsible for fire prevention, or, if there is no local fire 
authority, the state fire marshal. ] 
<nl>(17)<ol> Firm - A person, partnership, corporation, or association. 
<nl>(18)<ol> Generator - Any device driven by an engine and powered by gasoline 
or other fuels to generate electricity for use in a retail fireworks stand. 
<nl>(19)<ol> Highway - The paved surface, or where unpaved, the edge of a graded 
or maintained public street, public alley, or public road. 
[Illegal fireworks --A fireworks device manufactured, imported, distributed, 
possessed, transported, offered for sale, or sold in violation of the Insurance 
Code, Article 5.43-4, or these sections.] 
[Importer - A person who imports fireworks from a foreign country or from 
another state for sale to distributors or jobbers in this state. ] 
[Jobber - A person who purchases fireworks for resale to retailers only.] 
<nl>(20)<ol> License - The license issued by the state fire marshal to a person 
or a fireworks firm authorizing same to engage in the business. 
<nl>(21)<ol> Licensed firm - A person, partnership, corporation, or association 
holding a current license. 
<nl>(22)<ol> Magazine - Any building or structure, other than a manufacturing 
building, used for storage of Fireworks 1.3G. 
[Manufacturer - A person, firm, corporation, or association that engages in the 
making of fireworks.] 
<nl>(23)<ol> Manufacturing - The preparation of fireworks mixes and the charging 
and construction of all unfinished fireworks, except pyrotechnic display items 
made on site by qualified personnel for immediate use when such operation is 
otherwise lawful. 
<nl>(24)<ol> Master electric switch - A manually operated device designed to 
interrupt the flow of electricity. 
<nl>(25)<ol> Mixing building - A manufacturer's building used for mixing and 
blending pyrotechnic composition, excluding wet sparkler mixes. 
<nl>(26)<ol> Nonprocess building - Office buildings, warehouses, and other 
fireworks plant buildings where no explosive compositions are processed or 
stored. A finished firework is not considered an explosive composition. 
<nl>(27)<ol> Open flame - Any flame that is exposed to direct contact. 
[Permissible fireworks ] - Those Fireworks 1.4G specified in the Insurance Code 
Article 5.43-4,sec.2. 
[Person - An individual or entity, including an owner, manager, officer, 
employee, occupant, sole proprietorship, partnership, or corporation.] 
<nl>(28)<ol> Process building - A manufacturer's mixing building or any building 
in which pyrotechnic or explosive composition is pressed or otherwise prepared 
for finishing and assembling.
[Public display - The igniting of Fireworks 1.3G for public or private 
amusement.] 
<nl>(29)<ol> <nl>Multiple public<ol> [Public] display <nl>permit<ol> [license] - 
A <nl>permit<ol> [license] issued for the purpose of conducting multiple public 
displays at a single approved location. 
<nl>(30)<ol> Public display permit - A permit authorizing the holder to conduct 
a public fireworks display using Fireworks 1.3G, on a single occasion, at a 
designated location and during a designated time period.
[Pyrotechnic operator - An individual who, by experience, training, and passing 
any required examination, has demonstrated the necessary skills and ability for 
safely assembling, discharging, and supervising public displays of Fireworks 
1.3G.] 
<nl>(31)<ol> Retail fireworks site - The structure from which Fireworks 1.4G are 
sold and in which Fireworks 1.4G are held pending retail sale. 
<nl>(32)<ol> Retail stand - A permanent or portable structure utilized 
exclusively for the sale of fireworks to the general public at a retail 
fireworks site. 
[Retailer - A person who purchases fireworks for resale to the general public 
only.] 
<nl>(33)<ol> Safety container - A container especially designed, tested, and 
approved for the storage of flammable liquids.
[Sale - The sale or offering for sale of any merchandise, equipment, or service, 
at wholesale or retail, to the public or to any person, for an agreed sum of 
money or other considerations.] 
<nl>(34)<ol> School - Any inhabited building used as a classroom or dormitory 
for a public or private primary or secondary school, or institution of higher 
education. 
<nl>(35)<ol> Selling opening - An open area including the counter, through which 
fireworks are viewed and sold at retail. 
[Special fireworks, Class B - A large fireworks device designed primarily to 
produce visible and/or audible effects by combustion, deflagration, or 
detonation and that is classified a Class B explosive by DOT. ] 
[State fire marshal - The chief law enforcement officer of the state charged 
with the responsibility of fire prevention.] 
<nl>(36)<ol> Storage facility - Any building, structure, or facility in which 
finished Fireworks 1.4G are stored, but in which no manufacturing is performed. 
<nl>(37)<ol> Supervisor - A person 16 years or older who is responsible for the 
retail fireworks site during operating hours. 
<nl>(38)<ol> Walk door - An opening through which retail stand attendants can 
freely move and which can be secured to keep the public from the interior of the 
stand. 

sec.34.809. General Requirements, Licenses and Permits. 
(a) Each firm or person engaged in the manufacture, transportation, storage, 
wholesale or retail sales of fireworks, public displays utilizing Fireworks 
1.3G, <nl>pyrotechnic special effects operators,<ol> and pyrotechnic operators 
shall have an applicable license or permit issued by the state fire marshal. 
(1) Licenses by type: 
(A) distributor; 
(B) [ importer; ] 
[(C)] jobber; 
<nl>(C)<ol> [D] manufacturer; 
[(E) public display; and] 
<nl>(D)<ol> [F] pyrotechnic operator; and 
<nl>(E)<ol> <nl>pyrotechnic special effects operator<ol>. 
(2) Permits by type: 
(A) retailer; 
(B) <nl>single<ol> public display; 
(C) agricultural; 
(D) industrial; [and] 
(E) wildlife control<nl>; and<ol> 
<nl>(F)<ol> <nl>multiple public display<ol>. 
(b) (No change.) 
(c) All required licenses and permits shall be made available for inspection at 
the facility for which it was issued. <nl>The original permit shall be posted at 
all retail locations for which such permit was issued.<ol> 
(d)-(g) (No change.) 
(h) A person engaging in the business using or storing Fireworks 1.3G 
<nl>must<ol> [should] obtain a federal license or permit if required by Title 
XI, Regulation of Explosives of the Crime Control Act (18 United States Code, 
Chapter 40). 
(i) Licensees and permittees shall have adequate storage facilities which comply 
with appropriate provisions of sec.34.822 and sec.34.823 of this title (relating 
to Storage of Black Powder and [Class B] Fireworks <nl>1.3G<ol> at Other Than 
Display Sites; Bulk Storage of [Class C] Fireworks <nl>1.4G<ol>). 
(j) (No change.) 

sec.34.811. Requirements, Pyrotechnic Operator License <nl> and Pyrotechnic 
Special Effects Operator License<ol>. 
(a) Applicants for a pyrotechnic operator license <nl>or pyrotechnic special 
effects operator license<ol> shall take a written examination and obtain at 
least a passing grade of 70%. Written examinations may be supplemented by 
practical tests or demonstrations deemed necessary to determine the applicant's 
knowledge and ability. The content, type, frequency, and location of the 
examinations shall be set by the state fire marshal. 
(b)-(c) (No change.) 
(d) A <nl>licensee<ol> [pyrotechnic operator] whose license has been expired for 
two years or longer and makes application for a new license must pass another 
examination. 
(e) A pyrotechnic operator license shall not be issued to any person who fails 
to meet subsection (a) of this section and the following: 
(1) assisted in conducting at least <nl>five<ol> [three] permitted or licensed 
public displays in the State of Texas under the direct supervision of <nl>and 
verified in writing by<ol> a pyrotechnic operator licensed in Texas; 
(2) (No change.) 
(f) (No change.) 

sec.34.812. Expiration, License, and Permit.
(a) (No change.) 
(b) Permits expire depending on permit type. 
(1) (No change.) 
(2) Public display permits expire at <nl>midnight on the date stated on the 
permit<ol> [the conclusion of the single display at the time and on the date 
stated on the permit]. 
(3) (No change.) 

sec.34.813. Applications for Licenses and Permits.
(a)-(b) (No change.) 
(c) Applications for a public display [license or] permit shall include the 
following information: 
(1) the name, address, and telephone number of the <nl>applicant<ol> [person or 
organization sponsoring the display]; 
(2)-(4) (No change.) 
(5) the size and <nl>estimated<ol> number of fireworks to be discharged, the 
number of set pieces, and other items; 
(6)-(7) (No change.) 
(8) evidence of public liability insurance, as required by the Insurance Code, 
Article 5.43-4, sec.15 [, or until January 2, 1989, a certificate of insurance 
for surplus lines coverage in compliance with the Insurance Code, Article 1.14-
2, as provided under the Insurance Code, Article 5.43-4, sec.16(c)]; 
(9)-(10) (No change.) 
(d) A completed application for a public display [license or] permit shall be 
received by the state fire marshal before the display is to be conducted. A 
facsimile or other photocopy of the application received by the sate fire 
marshal during normal working hours prior to the date of the display and 
determined to be in compliance with the provisions of this section, along with 
the appropriate fee, shall be acceptable for purposes of this section. An 
applicant issued a permit under the facsimile provisions of this section shall 
maintain original documentation of the application for a period of one year and 
shall provide such original materials to the state fire marshal on request. 
(e) <nl>An additional public display permit shall be required for each site 
separated from the permitted site by over 1000 feet measured horizontally.<ol> 
[All public displays shall be in compliance with requirements of sec.591.26 of 
this title (relating to Preparing and Conducting Public Displays). ] 

sec.34.814. Fees.
(a) Fees required by the Insurance Code, Article 5.43-4, and these sections, 
shall be paid by cash, money order, or check. Money orders and checks shall be 
made payable to the Texas <nl>Department of Insurance <ol> [Commission on Fire 
Protection]. 
(b) (No change.) 
(c) Fees shall be as follows: 
(1)-(3) (No change.) 
(4) <nl>pyrotechnic special effects operator license<ol> [importer license]: 
(A) initial fee <nl>$25<ol> [$200]; 
(B) renewal fee (prior to expiration) <nl>$25<ol> [$200]; 
(5) (No change.) 
(6) <nl>multiple<ol> public display <nl>permit<ol> [license]: 
(A)-(B) (No change.) 
(7) (No change.) 
(8) <nl>single<ol> [Class B] public display permit $50; and 
(9) (No change.) 
(d)-(e) (No change.) 
(f) Late fees are as follows<nl>:<ol> [.] 
Figure: 28 TAC sec.34.814(f) 

sec.34.815. Retail Permits.
(a) (No change.) 
(b) Retail permits may be obtained at any time of the year from any 
participating manufacturer, distributor, or jobber holding a valid license to do 
business in Texas or from the state fire marshal, and shall be signed by the 
applicant prior to said permit becoming effective. 
(1) (No change.) 
(2) Bulk storage of Fireworks 1.4G by a retail permittee shall be in compliance 
with sec.34.823 of this title (relating to Bulk Storage of [Class C] Fireworks 
<nl>1.4G<ol>). 
(3) (No change.) 
(4) A copy of the Insurance Code, Article 5.43-4, and the fireworks rules <nl>or 
a condensed version thereof<ol> shall be provided to the purchaser of a retail 
permit by the participating licensee at the time the permit is issued. Copies of 
the Insurance Code, Article 5.43-4, and the fireworks rules shall be made 
available through the State Fire Marshal's office.
(c) Any licensee purchasing books of permits for sale to retail operators shall 
properly account for all permits received. 
(1) The licensee who issues retail permits shall return books containing 
duplicate copies of each issued permit to the State Fire Marshal's office within 
a week from the time the last permit in each book has been issued. <nl> All used 
and unused permits shall be returned no later than March 1 of each year.<ol> 
(2)-(3) (No change.) 

sec.34.817. Retail Sales General Requirements.
(a) (No change.) 
(b) Bulk storage of Fireworks 1.4G by retailer shall comply with sec.34.823 of 
this title (relating to Bulk Storage of [Class C] Fireworks <nl>1.4G<ol>). 
(c)-(e) (No change.) 
(f) The display, offer for sale, or sales of fireworks from tents [, air 
supported structures,] and motor vehicles is prohibited. 
(g) (No change.) 
(h) The consumption of alcoholic beverages in retail stands is prohibited. 
<nl>Stand operators or assistants shall not be under the influence of or consume 
alcoholic beverages while operating a stand.<ol> 
(i)-(o) (No change.) 

sec.34.818. Fireworks Retail Site Requirements for Design, Construction, and 
Storage. 
(a) (No change.) 
(b) Electrical service, equipment, and devices. 
(1) (No change.) 
(2) Each stand utilizing electricity shall have <nl> a point of power 
interruption (switch or switches) located near an exit door <ol> [one master 
electric switch,] which interrupts all electric supply to devices and equipment 
located inside and on the stand. [The switch must be located near an exit door.] 
(3)-(5) (No change.) 
(c)-(d) (No change.) 
(e) Bulk Storage. Storage of Fireworks 1.4G by a retailer in excess of 500 cases 
shall comply with sec.34.823 of this title (relating to Bulk Storage of [Class 
C] Fireworks <nl>1.4G<ol>). 
(f) (No change.) 

sec.34.822. Storage of Black Powder and [Class B] Fireworks <nl>1.3G<ol> at 
Other Than Display Sites. 
(a)-(b) (No change.) 
(c) Construction of magazines. Magazines for storage of Fireworks 1.3G and black 
powder shall meet or exceed the following specifications for Type 4 magazines. 
(1)-(2) (No change.) 
(3) Permanent Type 4 magazines shall be constructed in accordance with those 
provisions for Type 4 magazines relating to foundations, ventilation, locks, 
hinges, hasps, and locking hardware as required by Title 27 C.F.R. Part 55, 
<nl>April 1, 1997 or subsequently adopted<ol> [November 1,1984] edition. 
(d)-(e) (No change.) 

sec.34.823. Bulk Storage of [Class C] Fireworks <nl>1.4G.<ol>
(a)-(b) (No change.) 

sec.34.824. Distance Tables. 
The following distance tables shall be applicable to <nl>this subchapter except 
to the extent that the distances are different from less restrictive federal 
regulations<ol> [these sections]. 
Figure: 28 TAC sec.34.824 

sec.34.825. Distribution and Transportation. 
(a) With regard to Fireworks [1.3G only], Title 49 C.F.R. [Parts 171, 172, 173, 
177, and 178, November 1, 1984, edition], governing the transportation of 
hazardous materials, <nl>is<ol> [are] adopted by reference as rules governing 
the safe distribution and transportation of fireworks as hazardous materials in 
Texas. These rules are subject to the following explanations and exceptions. 
(1) (No change.) 
(2) When the term "department" is used in the text of the federal regulations as 
being the Department of Transportation, it shall, for the purpose of such 
adoption, mean the Texas <nl>Department of Insurance <ol> [Commission on Fire 
Protection]. 
[(3) The reporting of hazardous material incidents as required by federal 
regulations has not been adopted and, therefore, is not required.] 
(b) (No change.) 

sec.34.826. Preparing and Conducting Public Displays.
(a) Storage. Public display fireworks may be stored temporarily for a period not 
to exceed 30 days prior to display date in a locked area, in regular 
<nl>1.3G<ol> [Class B] shipping cartons, not accessible by the general public, 
and in a location approved by the local fire prevention officer. 
(b) (No change.) 
(c) <nl>Public display<ol> [Display] criteria. 
(1) The area selected for the discharge of aerial shells shall be located so 
that the trajectory of the shells will not come within 25 feet of any overhead 
object. 
(2) Mortars shall be separated from spectator viewing and parking areas; from 
health care, church, asylum, school, and penal facilities; from storage of 
hazardous materials; and from residential occupancies by the minimum distances 
specified in the following table: 
Figure: 28 TAC sec.34.826(c)(2) 
(3)-(7) (No change.) 
(d)-(i) (No change.) 
<nl>(j)<ol> <nl>Proximate audience display criteria. Public displays before a 
proximate audience shall be conducted in accordance with the provisions of the 
National Fire Protection Association (NFPA) 1126, Standards for the Use of 
Pyrotechnics Before a Proximate Audience, 1996 Edition. Public displays 
conducted in accordance with this section shall include pyrotechnic devices, 
including 1.3G, 1.4G, and 1.4S, as defined in NFPA 1126, and individuals 
conducting such displays shall be regulated by the provisions of this subchapter 
as pyrotechnic operators.<ol> 
<nl>(k)<ol> <nl>Testing. Testing of fireworks and components of fireworks 
intended for public displays shall be performed in an area set aside for that 
purpose and located a safe distance from any plant building or other structure. 
Such testing shall be conducted under the supervision of a licensed pyrotechnic 
operator, and no public display permit is required.<ol> 

sec.34.828. Existing Facilities and Conditions. 
<nl>(a)<ol> <nl>Amendments to this subchapter (relating to Manufacturing 
Operations and Bulk Storage of Fireworks 1.4G) are applicable only to 
manufacturing or storage facilities for which construction is begun after the 
effective date of the amendments, and are not applicable to existing 
facilities.<ol> 
<nl>(b)<ol> <nl>The amendment to this subchapter (relating to Storage of Black 
Powder and Fireworks 1.3G) is applicable only to storage facilities for which 
construction is begun after the effective date of the amendment, and is not 
applicable to existing facilities.<ol> [Existing facilities and conditions 
outlined below which do not comply with the Insurance Code, Article 5.43-4 and 
these sections, shall come into compliance within the following time periods 
after the effective date of these sections: ]
[(1) manufacturing facilities - five years;] 
[(2) bulk storage facilities - three years; and ] 
[(3) individuals applying for a pyrotechnic operator license before September 1, 
1986, may be issued a license if they otherwise qualify and have passed the 
required examination, but do not comply with the supervisory requirement of 
sec.591.1134.811(e)(1) of this title (relating to Requirements, Pyrotechnic 
Operator License).] 

sec.34.830. Savings Clause. 
<nl>Each disciplinary action by the Texas Department of Insurance taken against 
a person or organization licensed or permitted under Article 5.43-4, Texas 
Insurance Code, shall be taken in accordance with the statutory law, regulations 
and orders of the commissioner of insurance or state fire marshal in effect at 
the time of the regulated action for which the disciplinary action is taken.<ol> 
[Each cause of action, pending litigation, matter in process before the Texas 
Commission on Fire Protection or the state fire marshal, or matter hereafter 
arising from an event occurring prior to the time these sections become 
effective shall be determined in accordance with and governed by the provisions 
of statutes, sections, orders, or official interpretations in effect at the time 
of the occurrence of the subject event, including, but in particular not limited 
to, those matters arising in sec.sec.34.801-34.807 of this title (relating to 
Storage of Fireworks by Jobbers and Distributors (Class A and Class B); Storage 
of Class C Fireworks by Jobbers and Distributors; Storage of Fireworks by 
Jobbers and Dealers for the Purpose of Transportation; Granting of Permits for, 
and the Presentation of, Public Displays of Fireworks; Minimum Requirements for 
Retail Fireworks Stands; Transportation of Fireworks on Highways; and Savings 
Clause), and sec.sec.591.101-591.106 of this title (reserved for Purpose; 
Definitions; Fireworks Stand Design and Construction; Stand Location; Safety 
Requirements; and Supervisor Required), and this section operates to save from 
repeal in that circumstance the application of such law and procedure in respect 
of any such circumstances from the amendment, change, or repeal contemplated by 
these sections, notwithstanding any provision of these sections to the contrary, 
if any, or any provision of conflict or ambiguity].
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on July 13, 1998.
TRD-9811027
Lynda H. Nesenholtz
General Counsel and Chief Clerk
Texas Department of Insurance
Earliest possible date of adoption: August 23, 1998
For further information, please call: (512) 463-6327

TITLE 31. NATURAL RESOURCES AND CONSERVATION
PART II. Texas Parks and Wildlife Department
CHAPTER 57. Fisheries
SUBCHAPTER J. Fish Pass Proclamation
31 TAC sec.57.901
The Texas Parks and Wildlife Department proposes new sec.57.901 concerning Fish 
Pass Proclamation. The passage of Senate Bill 326 in the 75th Legislature 
delegated to the Commission, under Parks and Wildlife Code, Chapter 66, Fish, 
sec.66.204, authority to regulate the placement of obstructions, traps, and 
mooring in fish passes and the marking of restricted areas in any natural or 
artificial fish pass that is opened, reopened, dredged, excavated, constructed, 
or maintained by the Department as a fish pass between the Gulf of Mexico and an 
inland bay. Further authority to establish changes in seasons, bag limits, 
means, and methods for taking wildlife resources is delegated to the Parks and 
Wildlife Commission under Parks and Wildlife Code, Chapter 61, Uniform Wildlife 
Regulatory Act. 
Proposed new section creates a Fish Pass Proclamation which prohibits the 
placement of any type of trap within the course of Cedar Bayou and prohibits the 
anchoring or mooring of any vessel within the pass from a point defined by 
Department marker or sign on the Mesquite Bay mouth to the marker or sign 
erected by the Department indicating the restricted activity area near the mouth 
of the pass where it empties into the Gulf of Mexico. 
Currently no person may operate, possess, or moor a vessel or other floating 
device, or place any obstruction in a natural or artificial pass maintained by 
the Department from the mouth of the pass where it empties into the Gulf of 
Mexico to a marker or sign erected by the department. This proposed rule will 
create additional use restrictions from the marker or sign erected by the 
Department to a point defined near the inland bay mouth of the pass. Department 
outreach efforts indicate these provisions have local support by interested 
parties. 
Historically, Texas Parks and Wildlife has maintained Cedar Bayou fish pass 
because of the important role it plays in maintaining the ecosystems of the 
local area. The pass provides for flow of estuarine waters to the Gulf and 
allows tidal waters to flow into the bay systems. The pass serves as a migration 
route for finfish and shellfish between the Gulf and bays. Many species, 
including blue crabs, shrimp, and red drum, at some stage in their life cycle 
migrate outward from the bays to the Gulf , spawn, and their young return to the 
estuaries inside the bays. 
In addition to the biological importance of Cedar Bayou fish pass, it also 
provides important recreational opportunities for the local area. These rules 
will provide additional protection for fishery resources in the fish pass, 
reduce user conflict, and allow equitable access and use of this valuable Texas 
resource by all saltwater anglers. 
Robin Riechers, staff economist, has determined that for each of the first five 
years that the rules as proposed are in effect, there will be minimal fiscal 
implications associated with the maintenance of signage to state government as a 
result of enforcing and administering the rules. There should be no fiscal 
impact to local governments. 
Mr. Riechers has also determined that for each of the first five years the rules 
as proposed are in effect the public benefit anticipated as a result of 
administering the new rules will be reduced user conflict and equitable access 
and use of this natural resource. 
There will be minimal costs for small businesses and individuals required to 
comply with the new rules as proposed. The magnitude of these costs cannot be 
quantified at this time. The cost of compliance should be equal for both small 
and large businesses that must comply. Small businesses or individuals that 
currently use the area will have a reduction in opportunity in the specific 
area. Those who currently are anchoring or mooring vessels in the area may incur 
additional costs associated with movement of vessels from the specific area. 
Individuals who choose to use the area for extended periods of time may incur 
additional costs associated with the movement of vessels in and out of the area 
within the allotted time frame. 
The department has not filed a local impact statement with the Texas Employment 
Commission as required by the Administrative Procedures Act, Government Code, 
sec.2001.022, as the agency has determined that the rules as proposed will not 
impact local economies. 
Comments on the proposed rule may be submitted to Robin Riechers, Coastal 
Fisheries Division, Texas Parks and Wildlife Department, 4200 Smith School Road, 
Austin, Texas 78744; (512) 389-4645 or 1-800-792-1112 extension 4645. 
The new section is proposed under Parks and Wildlife Code, Chapter 66, which 
delegates to the Texas Parks and Wildlife Commission authority to regulate the 
placement of obstructions, traps, and mooring in fish passes and the marking of 
restricted areas in any natural or artificial fish pass that is opened, 
reopened, dredged, excavated, constructed, or maintained by the Department as a 
fish pass between the Gulf of Mexico and an inland bay
The proposed new section affects Parks and Wildlife Code, Chapter 66, 
sec.66.024. 

sec.<nl>57.901.<ol><nl>Prohibited Acts.<ol>
<nl>Within the area in Cedar Bayou between a Department sign erected where 
Mesquite Bay flows into Cedar Bayou and the Department sign erected near the 
point where the pass empties into the Gulf of Mexico, it is unlawful to place 
any type of trap, or anchor or moor a vessel, barge, or structure for a period 
exceeding two consecutive days.<ol>
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on July 10, 1998.
TRD-9810945
Bill Harvey, Ph.D
Regulatory Coordinator
Texas Parks and Wildlife Department
Earliest possible date of adoption: August 23, 1998
For further information, please call: (512) 389-4642

TITLE 34. PUBLIC FINANCE
PART X. Texas Public Finance Authority
CHAPTER 221.Distribution of Bond Proceeds
34 TAC sec.221.2, sec.221.6
The Texas Public Finance Authority (Authority) proposes amendments to 
sec.sec.221.2-221.5 and new sec.221.6, concerning the distribution of bond 
proceeds. The sections explain the purpose of the rules, provide relevant 
definitions, set forth the requirements of agencies' requests for financing, and 
provide procedural and substantive requirements that must be satisfied for the 
Authority to issue bonds. The amendments are required to update or delete 
obsolete provisions and conform the sections to new statutory requirements. 
Kimberly K. Edwards, Executive Director, has determined that for each of the 
first five years the sections are in effect there will be no fiscal implications 
to state or local government as a result of enforcing and administering the 
sections. 
Ms. Edwards also has determined that for each of the first five years that the 
amendments are in effect the public benefit anticipated as a result of enforcing 
the sections will be a more detailed statement of the Authority's bond issuance 
process and requirements. There is no anticipated cost to small businesses. 
Comments on the proposed amendments may be submitted to Kimberly K. Edwards, 
Executive Director, Texas Public Finance Authority, P.O. Box 12906, 300 West 
15th Street, Austin, Texas 78711, Fax Number (512)463-5501, or electronically at 
kedwards@tpfa.state.tx.us. 
The amendments are proposed under Texas Civil Statutes, Article 601d, which 
authorizes the Authority to promulgate rules necessary to implement the article. 
The amendments will affect Texas Civil Statutes, Article 601d. 

sec.221.2. Definitions. 
The following words and terms, when used in this chapter, shall have the 
following meanings, unless the context clearly indicates otherwise. 
<nl>(1)<ol> Act--Texas Public Finance Authority Act <nl>, Texas Civil Statutes, 
Article 601d <ol>. 
<nl>(2)<ol> Authority--The Texas Public Finance Authority, together with any 
successor to its duties and functions. 
<nl>(3)<ol> Board--The <nl>board of directors of the authority, the<ol> 
governing body of the authority. 
<nl>(4)<ol> Bond Review Board--The Bond Review Board as created by the Texas 
Legislature <nl>pursuant to Texas Civil Statutes, Article 717k-7<ol>. 
<nl>(5)<ol> Bonds--General obligation bonds and/or revenue bonds issued by the 
authority pursuant to <nl>a<ol>[the] constitutional provision and the Act, or 
the Act. 
<nl>(6)<ol> Capitalized interest--That portion of the proceeds of bonds which 
represents interest to be capitalized and payable prior to completion of 
acquisition, construction, or renovation of the projects being financed with 
such bonds. 
<nl>(7)<ol> <nl> Client Agency -- A state agency or institution of higher 
education on whose behalf the board may issue bonds and who has control of or 
responsibility for facilities to be financed with proceeds of such bonds. <ol>
<nl>(8)<ol> Code--The Internal Revenue Code of 1986. 
<nl>(9)<ol> Comptroller--The Comptroller of Public Accounts of the State of 
Texas, or any successor thereto. 
<nl>(10)<ol> Constitutional provision--The Texas Constitution, Article III, sec. 
49-h, <nl>or Article IIIsec.49(e)<ol>. 
<nl>(11)<ol> Construction schedule--The time period and sequence of action 
during which the actual construction of a project or projects is planned to be 
accomplished. 
<nl>(12)<ol> Costs of issuance--The costs related to the issuance of any issue 
of bonds, including, but not limited to: 
(A) financing charges, including insuring principal and interest payment on the 
bonds or obtaining other credit enhancement for the bonds; 
(B) professional fees and expenses, including architectural, engineering, 
surveying, and legal services; 
(C) administrative expenses of the authority to the extent provided by law; 
(D) the authority's or the paying agent/registrar's charges and expenses; 
(E) rating agency fees; 
(F) bond printing expenses; and 
(G) such other expenses as may be necessary or incident to issuing and marketing 
of the bonds. 
<nl>(13)<ol> Debt service fund--Generally, the fund created in financing 
documents to contain money for the payment of debt service on the bonds. 
<nl>(14)<ol> Disbursement--The transfer of bond proceeds from the state treasury 
to a cost center with the comptroller for payment of duly authorized expenses 
relating to a bond issue. 
<nl>(15)<ol> Disbursement schedule--The schedule controlling the frequency and 
amounts of disbursements from bond proceeds and used for payment of duly 
authorized expenses relating to a project. 
<nl>(16)<ol> Executive director--The executive director, or other authorized 
agent of the authority empowered by the board to perform the duties of the 
executive director. 
<nl>(17)<ol> Financing documents--Those documents approved by the board relating 
to the issuance of bonds, including, but not limited to, bond resolutions, 
financing agreements, funds management agreements, and official statements. 
<nl>(18)<ol> General appropriations act--Any legislative act appropriating money 
for the operation of state government. 
<nl>(19)<ol> General obligation bond--A bond issued on behalf of the State of 
Texas, the repayment of which is guaranteed by the full faith and credit of the 
state and which has been authorized by the Texas Constitution. 
<nl>(20)<ol> Legislature--The Legislature of the State of Texas. [MH-MR--The 
Texas Department of Mental Health and Mental Retardation, together with any 
successor to its duties and functions.] 
<nl>(21)<ol> Memorandum of understanding--The document executed by the authority 
and a <nl>client<ol>[qualified] agency that defines the division of authority 
and responsibility between the authority and the qualified agency. 
<nl>(22)<ol> Plans and specifications--The plans and specifications for each 
respective project, as the same may be amended from time to time. 
<nl>(23)<ol> Project--Any building, structure, or other facility, and the 
component parts thereof, authorized by the legislature for financing from bond 
proceeds and which consists of acquiring, constructing, or equipping new 
facilities or major repair or renovation of existing facilities. 
<nl>(24)<ol> Project analysis--A general description of the project including, 
but not limited to: 
(A) a complete description of the facility or project together with a 
justification of such facility or project prepared by the <nl>client <ol> 
[qualified] agency; 
(B) a detailed estimate of the amount of space needed to meet the needs of the 
<nl>client<ol> [qualified] agency and to allow for realistic future growth; 
(C) a description of the proposed facility prepared by an architect/engineer and 
including schematic plans and outline specifications describing the type of 
construction and probable materials to be used, sufficient to establish the 
general scope and quality of construction; 
(D) an estimate of the probable cost of construction; 
(E) a description of the proposed site of the project and an estimate of the 
cost of site preparation; 
(F) an overall estimate of the cost of the project; 
(G) information about alternative proposals for meeting the space needs of the 
<nl>client<ol> [qualified] agency by new construction, acquisition, and 
rehabilitation of an existing or historic structure, or a combination thereof; 
and 
(H) other information as required by the authority. 
<nl>(25)<ol> Project costs--To the extent authorized by law or regulation, all 
costs incurred by the authority, or any <nl>client <ol> [qualified] agency 
requesting financing of a project with respect to the acquisition, construction, 
or equipment of new facilities, or for major repair or renovation of existing 
facilities, as the case may be, including, but not limited to, the costs of: 
(A) the acquisition of all land, rights-of-way, property rights, easements, and 
interests; 
(B) all furnishings, machinery, and equipment; 
(C) necessary contingency funds; 
(D) architectural, engineering, and legal services; 
(E) plans, specifications, surveys, and estimates of cost and revenue, including 
a master plan; 
(F) contracts necessary or incident to determining the feasibility and 
practicability of a project; 
(G) administrative expenses of the authority which are necessary and related to 
a project to the extent provided by law; and 
(H) such other contracts as may be necessary or incident to the carrying out or 
start-up of any project, including the refunding <nl> or<ol> [of] refinancing of 
any outstanding obligations, mortgages, or advances issued, made, or given by 
any person for any of the aforementioned costs. 
<nl>(26)<ol> Project fund--The fund created in financing documents for the 
payment of project costs. 
[Qualified agency--Any agency of the State of Texas designated by the 
legislature which has control of or responsibility for facilities to be financed 
pursuant to applicable law.]
<nl>(27)<ol> Regulations--The Income Tax Regulations promulgated pursuant to the 
Code. 
<nl>(28)<ol> Revenue bond--A bond issued by the authority, the repayment of 
which depends on: 
(A) the pledge of all or any part of the designated rents, issues, and profits 
from leasing the project to the state through the [State Purchasing and General 
Services Commission or occupying or] <nl> client<ol> [qualified] agency [or 
institution]; or 
(B) from any other source of funds lawfully available to the authority. [SPGSC--
The State Purchasing and General Services Commission, together with any 
successor to its duties and functions.] 
<nl>(29)<ol> TDCJ [TDC]--The Texas Department of <nl>Criminal Justice<ol> 
[Corrections], together with any successor to its duties and functions. 
[TYC-The Texas Youth Commission, together with any successor to its duties and 
functions.] 
[Texas Public Finance Authority Act-Texas Civil Statutes, Article 601d, as 
amended.] 
[Treasurer-The State Treasurer of the State of Texas, or any successor thereto.]
[Using agency-Qualified agency.]

sec.221.3. <nl>Bond Issuance Process<ol> [Notice of Request for Bond Issue]. 
(a) <nl>Preliminary Requirements. Following a legislative session in which bonds 
have been authorized for a project, the authority and the client agency will 
confirm basic information concerning the bond issue, such as the time, amount, 
and scope of the project, and schedule an orientation meeting at their mutual 
convenience. In most cases, a formal orientation meeting will be required and 
such a meeting should occur before the authority must begin work on the bond 
issue, but after the client agency has had sufficient time to prepare a 
preliminary plan for the project.<ol> 
<nl>(1)<ol> <nl> As part of the orientation, the authority will provide the 
client agency the following information: <ol>
<nl>(A)<ol> <nl> an explanation of the bond issuance process in plain language; 
<ol>
<nl>(B)<ol> <nl> a review of the specific tasks required for a bond issue and 
the time needed for such tasks; <ol>
<nl>(C)<ol> a review of the documents, other information, if any, and time 
requirements applicable to the client agency's request for financing; and 
<nl>(D)<ol> <nl> an identification of the authority's staff and outside 
consultants who will work on the financing, by name and function.<ol>
<nl>(2)<ol> <nl> The client agency should be prepared to review a detailed 
project description and project schedule during the orientation meeting and 
identify the client agency's staff who will work with the authority on the bond 
issue. <ol>
<nl>(3)<ol> <nl> If a client agency's staff is familiar with the bond issuance 
process and the authority's requirements for issuing bonds because they have 
participated in prior bond issuance transactions, a formal orientation meeting 
is not required. The executive director will insure that up-to-date information 
described in subparagraphs (A)-(D) of subsection (a) (1) of this section is 
provided to the client agency in an alternative manner such as by schedules, 
memorandum, or telephone conference.<ol>[A qualified agency requesting the 
authority to issue bonds on its behalf shall submit a written notice to the 
authority no later than 12 weeks prior to the projected date for issuance.] 
(b) <nl>Request for financing.<ol> A <nl>request for financing <ol> [notice of 
request for bond issuance] under this section shall include: 
(1) <nl>a<ol> [executed] resolution of the <nl> client<ol> [qualified] agency's 
governing board <nl>signed by the appropriate officer<ol> authorizing submission 
of the <nl>request for financing<ol> [bond issue]; 
(2) a <nl>project analysis,<ol> [copy of the information] required by the 
authority for application to the Bond Review Board, <nl>except as provided in 
subsection (b) of sec.221.4 (relating to Criteria for Issuance of Bonds)<ol>; 
[and ] 
(3) a schedule of actions required to be accomplished by the <nl>client<ol> 
[qualified] agency prior to the first actual disbursement of funds after 
issuance; <nl>and<ol> 
<nl>(4)<ol> <nl> a disbursement schedule. <ol>
(c) <nl>Amendment to request for financing.<ol> A <nl> client<ol> [qualified] 
agency may reschedule the date requested for authority consideration of the bond 
issuance by submitting an amendment to its request for financing at any time 
prior to the authority board meeting at which the issue will be considered. 
<nl>(d)<ol> <nl> Board action. The request for financing will be posted for 
consideration by the board at its next regularly scheduled open meeting 
following the authority's receipt of the request. Since the board's regularly 
scheduled open meetings are held usually on the third Wednesday of each month, 
if the client agency's request is received by the second Tuesday of the month, 
it will be timely for board consideration in the month in which it is received. 
The client agency will be informed promptly of a change in the board's meeting 
date for the month and the exact date on which the request will be 
considered.<ol> 
<nl>(1)<ol> <nl> The board may either approve the request or require additional 
information. When it approves a request for financing, the board will also 
determine the method of sale of the bonds, either negotiated or competitive. 
<ol>
<nl>(2)<ol> <nl> If the board determines to sell the bonds through a negotiated 
sale, it will designate an underwriting syndicate in accordance with authority's 
underwriters selection procedures. <ol>
<nl>(3)<ol> <nl> If the board determines to sell the bonds through a competitive 
sale, it will authorize the executive director and financial advisor to issue an 
invitation for competitive bids in the time and manner required so that the 
board may accept a bid, and sell the bonds, at its open meeting in the month 
immediately following. <ol>
<nl>(e)<ol> <nl> Procedures following board approval of a request for financing. 
As soon as possible following the board's approval of a request for financing, 
the authority staff, financial advisors, bond counsel, representatives of the 
client agency, and, for negotiated sales, the senior manager of the underwriting 
syndicate and its counsel, will convene an organization meeting to prepare a 
schedule of events for the financing, and begin work on the financing documents 
and an application for Bond Review Board approval of the financing. <ol>
<nl>(1)<ol> <nl> In most cases, the application for Bond Review Board approval 
will be submitted timely for consideration and approval of the Bond Review Board 
at its meeting in the month following the board's approval of the request, 
however, the timing of the submission is within the discretion of the executive 
director. <ol>
<nl>(2)<ol> <nl> After the Bond Review Board approves the financing, the 
issuance and sale of the bonds may be scheduled and completed.<ol>

sec.221.4. Criteria for Issuance of Bonds.
(a) The authority shall not issue bonds to finance any project or cost related 
thereto, unless: 
(1) the project has been specifically authorized by the Act, the General 
Appropriations Act, or other applicable law; 
(2) the authority board has accepted the request for <nl> financing<ol> [bond 
issue] and has determined to proceed with the issuance of bonds; 
(3) the governing body of the <nl>client<ol> [qualified] agency requesting such 
financing has authorized the execution of a memorandum of understanding between 
the <nl>client<ol> [qualified] agency and the authority relating to the specific 
bond issue and has agreed to necessary financing documents as may be appropriate 
and consistent with these sections; 
(4) the bond issuance and the projects have been reviewed and approved by the 
Bond Review Board or any other agency required to review such bond proceedings 
or approve projects as authorized by law; 
(5) the governing body of the <nl>client<ol> [qualified] agency has by 
resolution authorized the execution and performance of the financing documents; 
and 
(6) the board has approved the related financing documents. 
(b) In the event proceeds are to be used to finance a project of the 
<nl>TDCJ<ol> [TDC], the <nl>TDCJ<ol> [TDC] must have submitted to the Bond 
Review Board a master plan for correctional facilities prior to disbursement of 
bond proceeds. 
(c) The authority assumes no responsibility in connection with the eligibility 
of any specific project for financing nor with respect to the need for such 
project or that any project will comply with any legal requirement, except to 
review legislation authorizing the project, the approval process with respect to 
the project, including Bond Review Board approvals, and provide a proper 
descritpion of the project in bond offering documents if required. 
(d) The authority may request the assistance of the <nl> client<ol> [qualified] 
agency in complying with Bond Review Board, rating agency, attorney general, 
financial advisor, bond counsel, or other requests required for approval of the 
bond issue.

sec.221.5.Procedure for Disbursement of Bond Proceeds. 
(a) Unless otherwise indicated herein, proceeds of bonds shall be distributed by 
the <nl>comptroller<ol> [treasurer] pursuant to the terms of the financing 
documents. 
(b) Upon the closing of each series of bonds, the purchasers thereof shall pay 
the proceeds thereof in immediately available funds to the <nl> comptroller<ol> 
[treasurer]. 
(c) The executive director shall certify to the comptroller and to the qualified 
agency requesting such financing that the funds are available and have been 
deposited with the <nl>comptroller<ol> [treasurer] for the purpose of financing 
the related project. 
(d) The executive director shall certify to the <nl>comptroller <ol> [treasurer] 
the specific amounts to be transferred from the project fund to the debt service 
fund. The executive director shall then instruct the <nl>comptroller<ol> 
[treasurer] from time to time to pay the costs of issuance in such amounts as 
specified by the executive director from the project fund. The qualified agency 
shall request disbursement of funds for the purpose of paying project costs in 
accordance with the provisions of the financing documents for a particular 
issue. The proceeds shall be invested by the <nl>comptroller<ol> [treasurer] 
with the concurrence of the authority until such time as the costs of issuance 
and project costs are paid. 
(e) The <nl>client<ol> [qualified] agency requesting financing from the 
authority shall make or cause to be made payment of project costs from the 
project fund in accordance with the contracts therefor and shall provide a 
written monthly report to the authority of the activity on each project in 
compliance with the reporting provisions of the financing documents. The 
authority will not assume any responsibility for the actual acquisition, 
construction, equipment, repair, or renovation of any project or the operation 
or maintenance thereof, but the authority may inspect projects at reasonable 
times upon reasonable notice to the <nl>client<ol> [qualified] agency. 
(f) No payments from the project fund may be made for any purpose other than 
paying costs of issuance and project costs, depositing amounts to any rebate 
fund for the benefit of the federal government in compliance with the Code, or 
deposit to the debt service fund of amounts remaining after payment of project 
costs. 
(g) If any proceeds of the bonds remain in the project fund after the completion 
of a project and depositing amounts to any rebate fund for the benefit of the 
federal government in compliance with the Code, except the amounts specified by 
the <nl>client<ol> [qualified] agency requesting such financing from the 
authority to be retained for any amount of any project costs not then due and 
payable or the liability for payment of which is being contested or disputed by 
the qualified agency and all labor, services, materials, and supplies used in 
the project have been fully paid and all costs and expenses incurred in 
connection therewith have been paid, then the <nl>client<ol> [qualified] agency 
requesting such financing from the authority shall cause such proceeds to be 
transferred from the project fund to the debt service fund; provided, however, 
that if the legislature has authorized additional projects of the same nature as 
the project theretofore financed during such time period, the board may, by 
formal resolution and if permitted by law, authorize the use of such amounts for 
such additional projects. 
(h) If the bonds are intended by the board to bear interest which is not 
includable in gross income of the recipient pursuant to the Code, the use of 
proceeds of the bonds shall be restricted in such manner and to such extent, as 
may be necessary, to obtain and retain such tax exemption, including 
restrictions so that the bonds will not constitute arbitrage bonds under the 
Code, sec.149(d), (relating to advance refundings), unless otherwise prescribed 
by law. The requirements of this section are subject to and shall be interpreted 
in accordance with the Code, sec.148. 
(i) The plans and specifications will be on file at the <nl> client<ol> 
[qualified] agency and available at all times for inspection by the authority. 

sec.221.6. Complaints to the Authority. 
In accordance with the requirements of sec.9D of the Act, the authority will 
notify client agencies of the name, mailing address, and telephone number of the 
authority for the purpose of directing complaints to the authority by direct 
mail, notifying and reminding client agencies periodically of the authority's 
electronic mail address, and by distributing a fact sheet on the authority 
during the orientation meeting described in section in sec.221.3 (relating to 
the bond issuance process) of this Chapter 221. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on July 1, 1998.
TRD-9810456
Judith M. Porras
General Counsel
Texas Public Finance Authority
Earliest possible date of adoption: August 23, 1998
For further information, please call: (512) 463-5544

CHAPTER 222.Public Records
34 TAC sec.222.1
(Editor's note: The text of the following section proposed for repeal will not 
be published. The section may be examined in the offices of the Texas Public 
Finance Authority or in the Texas Register office, Room 245, James Earl Rudder 
Building, 1019 Brazos Street, Austin.)
The Texas Public Finance Authority (Authority) proposes the repeal of sec.222.1, 
relating to charges for public records. The section provides definitions of 
terms and establishes charges applicable to various types of public information. 
The section was adopted under the Public Information Act, Government Code, 
Chapter 552 (Act), in effect until September 1, 1997. Until September 1, 1997, 
sec.552.2611 of the Act required each state agency to specify its charges for 
public information in rules. Section 552.2611 of the Act was repealed effective 
September 1, 1997, by Chapter 1231, Acts. 75th Legislature (1997). As amended by 
Chapter 1231, the Act now requires the Authority to use rules adopted by the 
General Services Commission in determining charges for providing copies of 
public information. Therefore sec.222.1 is no longer necessary. 
Kimberly K. Edwards, Executive Director, has determined that for the first five 
years the section is in effect there will be no fiscal implications to state or 
local government as a result of enforcing or administering the section. 
Ms. Edwards also has determined that for each year of the first five years the 
section is in effect, the public benefit will be the elimination of potential 
confusion and conflict for staff and the public as to the authority's charges 
for public information. There is no anticipated cost to persons or small 
businesses, who may be required to comply with the section. There will be no 
effect on local employment. 
The repeal is proposed under the authority of Texas Civil Statutes Article 601d 
which authorizes the Authority to adopt rules to carry out the duties assigned 
to the Authority by that article. 
Comments may be submitted to Kimberly K. Edwards, Executive Director, Texas 
Public Finance Authority, 300 West 15th Street, Suite 411, Austin, Texas 78711, 
Fax Number (512) 463-5501, or by electronic mail at kedwards@tpfa.state.tx.us. 
The repeal affects the Government Code, Chapter 552.

sec.222.1.Charges for Public Information.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on July 1, 1998.
TRD-9810457
Judith M. Porras
General Counsel
Texas Public Finance Authority
Earliest possible date of adoption: August 23, 1998
For further information, please call: (512) 463-5544

CHAPTER 223.Master Equipment Lease Purchase Program
34 TAC sec.sec.223.1-223.7
(Editor's note: The text of the following sections proposed for repeal will not 
be published. The sections may be examined in the offices of the Texas Public 
Finance Authority or in the Texas Register office, Room 245, James Earl Rudder 
Building, 1019 Brazos Street, Austin.)
The Texas Public Finance Authority (authority) proposes the repeal of 
sec.sec.223.1-223.7, concerning the master equipment lease purchase program 
(MLPP). The sections articulate the purpose of the sections, provide definitions 
of terms, provide procedures for financing equipment, and explain the costs of 
the MLPP and how such costs will be paid. The sections were adopted in October 
1992 to implement Series A of MLPP financing for state agencies. Shortly 
thereafter, in March 1993, the authority expanded the MLPP, established Series B 
of MLPP, and consolidated Series A into Series B. Currently, only the MLPP 
Series B is used to finance equipment for state agencies, and therefore, the 
sections adopted to implement Series A of MLPP are no longer necessary. 
Kimberly K. Edwards, Executive Director, has determined that for the first five 
years the sections are in effect there will be no fiscal implications to state 
or local government as a result of enforcing or administering the sections. 
Ms. Edwards also has determined that for each year of the first five years the 
sections are in effect, the public benefit will be the elimination of 
unnecessary administrative rules, preventing any possible conflict or confusion. 
There is no anticipated cost to persons or small businesses, who may be required 
to the comply with the section. There will be no effect on local employment.
Comments may be submitted to Kimberly K. Edwards, Executive Director, Texas 
Public Finance Authority, 300 West 15th Street., Suite 411, Austin, Texas 78711, 
Fax Number (512) 463-5501, or by electronic mail at kedwards@tpfa.state.tx.us.
The repeal is proposed under the authority of Texas Civil Statutes Article 601d, 
which authorizes the authority to adopt rules to implement the requirements of 
the Article. 
The repeal will affect Texas Civil Statutes, Article 601d.
sec.223.1.Purpose of the Rules.
sec.223.3. Definitions.
sec.223.5. Procedures for Financing Equipment.
sec.223.7. Recovery of Costs.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on July 1, 1998.
TRD-9810458
Judith M. Porras
General Counsel
Texas Public Finance Authority
Earliest possible date of adoption: August 23, 1998
For further information, please call: (512) 463-5544

CHAPTER 225.Master Equipment Lease Purchase Program, Series B
34 TAC sec.sec.225.1, 225.3, 225.5
The Texas Public Finance Authority (Authority) proposes amendments to 
sec.sec.225.1, 225.3, and 225.5, concerning the master equipment lease purchase 
program (MLPP). The sections articulate the purpose of the sections, provide 
definitions of terms, provide procedures for financing equipment, and explain 
the costs of the MLPP and how such costs will be paid. The amendments are non-
substantive technical amendments to update and clarify requirements of the 
program. 
Kimberly K. Edwards, Executive Director, has determined that for the first five 
years the sections are in effect there will be no fiscal implications to state 
or local government as a result of enforcing or administering the section. 
Ms. Edwards also has determined that for each year of the first five years the 
sections are in effect, the public benefit will be updated, complete 
administrative rules. There is no anticipated cost to persons or small 
businesses, who may be required to comply with the section. There will be no 
effect on local employment.
Comments may be submitted to Kimberly K. Edwards, Executive Director, Texas 
Public Finance Authority, 300 West 15th Street, Suite 411, Austin, Texas 78711, 
Fax Number (512)463-5501, or by electronic mail at kedwards@tpfa.state.tx.us
The sections are proposed under the authority of Texas Civil Statutes Article 
601d, which authorizes the Authority to adopt rules to implement the 
requirements of the Article. 
The sections will effect Texas Civil Statutes Article 601d.

sec.225.1. Purpose of the Rules. 
The Texas Public Finance Authority proposes these new rules, as Chapter 225, 
concerning the administration of the State of Texas Master Lease Purchase 
Program authorized by Texas Civil Statutes, Article 601dsec.9A[, for which debt 
service payments only have been appropriated and are to be applied as lease 
payments. Therefore, the comptroller's intercept is not included herein]. This 
chapter defines certain terms pertaining to the operation of the Texas Master 
Lease Purchase Program, identifies the responsibilities of various parties in 
administering the Texas Master Lease Purchase Program, and establishes basic 
procedures under which state agencies may participate in the Texas Master Lease 
Purchase Program. 

sec.225.3. Definitions.
[Notwithstanding the definitions set forth in sec.221.3 and sec.223.3 of this 
title (relating to Definitions), the] The following words and terms, when used 
in this chapter, shall have the following meanings, unless the context clearly 
indicates otherwise. 
<nl>(1)<ol> Act--The Texas Public Finance Authority Act, Texas Civil Statutes, 
Article 601d, as amended. 
<nl>(2)<ol> Administrative costs--The reasonable costs incurred by the authority 
in developing, administering, and monitoring the program, which costs include, 
but are not limited to fees for the paying agent, the dealer, the servicing 
agent, and the authority's operational charges. 
<nl>(3)<ol> Amortization schedule--A detailed schedule of principal and interest 
payments and administrative costs due for each lease payment as required under 
the master lease agreement and contained in each lease supplement. The principal 
amount will include the purchase price of the eligible projects and the costs of 
issuance, which will be separately itemized. 
<nl>(4)<ol> Authority--The Texas Public Finance Authority, or any successors or 
assignees to its duties and functions. 
<nl>(5)<ol> Authorized representative--That person(s) duly authorized by a 
client agency and the authority to execute and deliver a master lease agreement 
and lease supplement(s) and such other documents as are deemed necessary or 
appropriate to implement the program. 
<nl>(6)<ol> Board--The board of directors of the authority. 
<nl>(7)<ol> Bond Review Board--The board created by Texas Civil Statutes, 
Article 717k-7, or any successors or assignees to its duties and functions. 
<nl>(8)<ol> Bundled purchases--Those purchases of multiple eligible projects 
individually valued at a minimum of $500 for and on behalf of one or more client 
agencies, which are aggregated into one vendor contract for acquisition. 
<nl>(9)<ol> Client agency--Any state agency that wants to use the program to 
finance eligible projects and [which] has the authority, pursuant to applicable 
law, to do so [to finance eligible projects through the program]. 
<nl>(10)<ol> Comptroller--The Comptroller of Public Accounts of the State of 
Texas, or any successors or assignees to its duties and functions. 
<nl>(11)<ol> Comptroller's interagency agreement--The provision contained in the 
master lease agreement and in the lease supplements authorizing the authority to 
access each client agency's appropriated funds to pay debt service on the 
program by delivering payment vouchers to the comptroller drawn on the client 
agency's designated funds. 
<nl>(12)<ol> Costs of issuance--All costs associated with the program, 
including, but not limited to, printing costs, costs of preparation of 
documents, and fees to rating agencies, financial advisor, credit and liquidity 
providers, bond counsel, and underwriters. 
<nl>(13)<ol> Debit memo--The notice provided to each client agency within 30 
days after each lease payment. The debit memo will include the name of the 
client agency, each lease supplement by identifying number, the eligible 
project, the total amount paid reflected as principal and interest payments, 
administrative costs, the payment date, credit, if any, and the remaining 
principal balance. 
[DIR--The Department of Information Resources of the State of Texas, or any 
successors or assignees to its duties and functions.
<nl>(14)<ol> Eligible project--Any physical structure that has been authorized 
by the legislature for the authority to finance and is used by a client agency 
to conduct official state business, together with the land and major equipment 
or personal property that is functionally related to the physical structure, or 
any other fixed asset used by a client agency to conduct official state 
business, including, without limitation, telecommunications devices or systems, 
automated information systems, computers and computer software, provided, that 
such property has a useful life of at least three years, and a value of at least 
$10,000, valued either individually or as a group of individual items of 
property, each having a minimum value of $500 per item. 
<nl>(15)<ol> Fees--The amount assessed each client agency for participating in 
the program. Fees include the costs of issuance and administrative costs. 
[GSC--The General Services Commission of the State of Texas, or any successors 
or assignees to its duties and functions.
<nl>(16)<ol> Interim financing--The initial financing source by which eligible 
project may be financed if it is deemed advisable by the authority. Interim 
financing will occur when the authority issues its Master Lease Purchase Program 
Tax-Exempt Commercial Paper Revenue Notes (the notes) in various amounts, not to 
exceed $300 million outstanding at any one time. 
<nl>(17)<ol> LBB--The Legislative Budget Board of the State of Texas, or any 
successors or assignees to its duties and functions. 
<nl>(18)<ol> Lease payments--Those amounts specified in the lease supplements 
and made pursuant to the comptroller's intercept payable semiannually on the 
first day of February and the first day of August. The term "lease payments' 
also includes all payments made while the eligible project is in the interim 
financing and to lease revenue bond holders. 
<nl>(19)<ol> Lease revenue bonds--The long-term bonds issued by the authority 
either to refinance eligible project that has been initially finance through 
interim financing, or to fund the purchase of eligible project 
<nl>(20)<ol> Lease supplement--A form promulgated by the authority to be 
executed by each client agency which incorporates the terms of the master lease 
agreement and other agreements under the program. The lease supplement shall 
specifically identify the eligible project to be financed, including the serial 
number or other state identification number, the exact amount to be paid, the 
payee, and any updates or corrections to the request for financing. 
<nl>(21)<ol> Master lease agreement--The master lease agreement is the contract 
executed between the authorized representative of each client agency and the 
authority, containing such terms and provisions necessary to authorize the 
client agency to participate in the program and the authority to make payments 
on behalf of the client agency for the purchase of eligible project as 
specifically set forth in each lease supplement. 
<nl>(22)<ol> Program--The State of Texas Master Lease Purchase Program described 
in these rules to be carried out by the authority for the purpose of financing 
or refinancing of eligible projects. 
<nl>(23)<ol> Progress payments--Periodic payments for eligible projects to be 
made during installation of and prior to acceptance of such eligible project by 
the client agency which payments are set out in an agreement with the vendor. 
The agreement must provide for specific payments corresponding to completion of 
definitive components sufficient to create identifiable collateral. 
<nl>(24)<ol> Request for financing--A written request from a client agency to 
the authority to finance the acquisition of an eligible project through the 
program. Such request for financing shall include an itemized description of the 
eligible project prepared by the client agency including the estimated cost of 
acquisition, the estimated useful life of the project, the proposed date(s) of 
delivery and acceptance of the eligible project, the proposed use of the 
eligible project, and the source of funds to be used by the client agency to 
make the payments for the eligible project, and any one of the following 
documents: 
(A) a copy of the purchase order for eligible project [issued by GSC which, when 
received by GSC, should be immediately forwarded by GSC to the authority]; 
(B) a copy of the contract prepared and awarded by the Texas Department of 
Information Resources [DIR] for aneligible project[, or for bundled purchases, 
which when executed by DIR should be immediately forwarded by DIR to the 
authority]; or 
(C) any awarded contract for an eligible project, or for bundled purchases, a 
copy of which is sent to and received by the authority and which may be 
generated by any client agency. 
<nl>(25)<ol> State agency--A board, commission, department, office, agency, 
institution of higher education or other governmental entity in the executive, 
judicial, or legislative branch of state government. 
<nl>(26)<ol> State lease fund--The fund by that name created by the Act [, and 
the General Appropriations Act, 72nd Legislature, First Called Session]. 
<nl>(27)<ol> Statement of acceptance--A statement contained in the lease 
supplement, executed by the client agency, which states that the eligible 
project has been received, inspected, and found to be in fully acceptable 
condition by the client agency, that all approvals, if any, have been obtained 
and that all other requirements of law have been satisfied and authorizing the 
authority to provide payment to the vendor.
[Treasurer--The state treasurer of the State of Texas, or any successors or 
assignees to its duties and functions.]

sec.225.5. Procedures for Financing Eligible Projects.
(a) <nl>A client agency shall submit a request for financing when it is prepared 
to proceed with a program financing. A resolution of the client agency's 
governing body which authorizes the request for financing and the execution of 
documents required under the program shall be submitted with the request. 
<ol>Upon receipt of a request for financing the authority will review such 
request for completeness and compliance with program rules. If the request for 
financing is found to be complete and in compliance, the authority will accept 
the request for financing. 
(b) Upon acceptance of the request for financing, if the client agency has not 
previously participated in the program, the authority will forward to the client 
agency a copy of the master lease agreement to be executed by an authorized 
representative. The master lease agreement is not subject to revision by the 
client agency and, when executed by the client agency's authorized 
representative and the authority, will serve as the basis for all future 
purchases of eligible project under the program. 
(c) After the client agency has taken delivery and acceptance of the eligible 
project and determined that it meets all requirements for payment in full to the 
vendor, the client agency will prepare the payment voucher together with all 
documents required by the comptroller and will execute four copies of the lease 
supplement which also contains the statement of acceptance of the eligible 
project and will forward all copies along with the payment voucher and all other 
documents to the authority. The authority will immediately execute all four 
copies of the lease supplement, return one copy to the client agency, and 
forward one copy to the comptroller. 
(d) After the client agency has taken delivery and acceptance of the eligible 
project and determined that it meets all requirements for payment in full to the 
vendor, the client agency will prepare the payment voucher together with all 
documents required by the comptroller and will execute four copies of the lease 
supplement which also contains the statement of acceptance of the eligible 
project and will forward all copies along with the payment voucher and all other 
documents to the authority. The authority will immediately execute all four 
copies of the lease supplement, return one copy to the client agency, and 
forward one copy to the comptroller. 
(e) The authority will make a determination to initially fund the eligible 
project through the interim financing or through the issuance of lease revenue 
bonds. Such determination will be within the sole discretion of the authority. 
(f) The authority will effect the payment in full to the vendor, or partial 
payment if the eligible project has been designated for progress payments. 
(g) Upon receipt of the lease supplement, the authority and the comptroller will 
effect the comptroller's intercept to provide for the lease payments. 
(h) No later than on or before 48 hours prior to a lease payment, the authority 
will submit a voucher directing the comptroller to transfer sufficient monies 
from each client agency into the state lease fund the authority will provide a 
voucher to the comptroller to effect debt service payment. The treasurer will 
then transfer monies out of the state lease fund and make lease payments. 
(i) Within 30 days following each lease payment, the authority will provide a 
debit memo to each client agency. 
(j) The authority may issue lease revenue bonds in order to refinance the lease 
supplements initially funded through the interim financing. The final maturity 
of lease revenue bonds shall not exceed the latest maturity of the lease 
supplements being financed upon the occurrence of any of the following events: 
(1) any date on which the aggregate volume of lease supplements then being 
financed through the interim financing reaches $75 million; or 
(2) 30 days prior to the end of any state biennial appropriation period which is 
currently August 31 of odd-numbered years. 
(k) The authority may adjust the lease payments under a lease supplement as a 
result of a change in interest rates, or a refinancing, or a change in 
administrative costs. When such adjustment in lease payments is effected, the 
authority will, concurrent with establishing the new interest rate, provide an 
amended amortization schedule reflecting the adjusted lease payments to the 
comptroller and to each client agency. 
(l) At least once during each fiscal year of the state the authority will 
forward to the Legislative Budget Board (LBB) a schedule, by client agency, of 
all lease payments. The authority will use its best efforts to ensure that the 
staff of the LBB will include in its budget recommendation sufficient 
appropriations to make al lease payments required under the program. 
(m) All books and records of the authority will be available to the LBB, the 
comptroller, the state auditor's office, client agencies, and other interested 
parties which may, from time to time, request access to information regarding 
the program. 
(n) All issuances of lease revenue bonds under the program will comply with all 
approvals required for the public issuance of debt by a state agency, including 
review and approval by the Bond Review Board and the attorney general. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on July 1, 1998.
TRD-9810459
Judith M. Porras
General Counsel
Texas Public Finance Authority
Earliest possible date of adoption: August 23, 1998
For further information, please call: (512) 463-5544

TITLE 37. PUBLIC SAFETY AND CORRECTIONS
PART III. Texas Youth Commission
CHAPTER 85. Admission and Placement
SUBCHAPTER B. Placement Planning
37 TAC sec.85.35
The Texas Youth Commission (TYC) proposes new sec.85.35, concerning special 
circumstances: multiple commitment orders. The new section will govern the 
management of youth committed to TYC under concurrent determinate sentence and 
indeterminate commitment orders. 
Terry Graham, Assistant Deputy Executive Director for Financial Support, has 
determined that for the first five-year period the section is in effect there 
will be no fiscal implications for state or local government as a result of 
enforcing or administering the section. 
Mr. Graham also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be greater protection for the public. There will be no effect on 
small businesses. There is no anticipated economic cost to persons who are 
required to comply with the section as proposed. No private real property rights 
are affected by adoption of this rule. 
Comments on the proposal may be submitted to Gail Graham, Policy and Manuals 
Manager, Texas Youth Commission, 4900 North Lamar, P.O. Box 4260, Austin, Texas 
78765. 
The new rule is proposed under the Human Resources Code, sec.61.034, which 
provides the Texas Youth Commission with the authority to make rules appropriate 
to the proper accomplishment of its functions. 
The proposed rule implements the Human Resource Code, sec.61.034. 

sec.85.35. Special Circumstances: Multiple Commitment Orders.
(a) Purpose. The purpose of this rule is to govern the management of youth 
committed to TYC under concurrent determinate sentence and indeterminate 
commitment orders. 
(b) Applicability. This policy applies only to youth committed to TYC under both 
a determinate sentence and an indeterminate commitment order for separate 
offenses. 
(c) Not-withstanding all other rules effecting the management of youth committed 
to TYC under indeterminate or determinate orders, rules of this section effect 
the management of those under concurrent indeterminate and determinate orders. 
(d) Both commitment orders will be given effect, with the determinate sentence 
order having precedence. Any movement and transfer options available under the 
determinate sentence order and determined to be appropriate, must occur prior to 
completion of the determinate sentence. 
(e) Classification. The youth will be classified and managed as a sentenced 
offender until such time as the determinate sentence order is completed or TYC 
jurisdiction expires, whichever occurs first. If a youth's determinate sentence 
is complete prior to the expiration of TYC jurisdiction, the youth will be newly 
classified in accordance with the classifying offense associated with the 
indeterminate commitment. 
(f) Minimum Period of Confinement and Minimum Length of Stay. Both orders are 
given effect, i.e., the minimum period of confinement under the determinate 
sentence and the minimum length of stay (MLS) associated with the indeterminate 
commitment will run concurrently. If the applicable minimum period of 
confinement under the determinate sentence is completed before the applicable 
MLS under the indeterminate commitment, the youth will not be considered for 
release until the MLS has also been completed. 
(g) Discharge. The youth is discharged from the determinate sentence order upon 
completion of the determinate sentence, but the indeterminate commitment order 
will be given effect until normal discharge criteria are met. Under this rule, 
the youth will likely remain under TYC supervision until age 21. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on July 13, 1998.
TRD-9810974
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: August 23, 1998
For further information, please call: (512) 424-6244

CHAPTER 93. Youth Rights and Remedies
37 TAC sec.93.15
The Texas Youth Commission (TYC) proposes new sec.93.15, concerning youth mail. 
The new section will establish specific practices for handling youth mail while 
they are in a TYC facility. 
Terry Graham, Assistant Deputy Executive Director for Financial Support, has 
determined that for the first five-year period the section is in effect there 
will be no fiscal implications for state or local government as a result of 
enforcing or administering the section. 
Mr. Graham also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be increased safety of staff and youth in TYC facilities.
There will be no effect on small businesses. There is no anticipated economic 
cost to persons who are required to comply with the section as proposed. No 
private real property rights are affected by adoption of this rule. 
Comments on the proposal may be submitted to Gail Graham, Policy and Manuals 
Manager, Texas Youth Commission, 4900 North Lamar, P.O. Box 4260, Austin, Texas 
78765. 
The new section is proposed under the Human Resources Code, sec.61.075, which 
provides the Texas Youth Commission with the authority to determine the 
appropriate treatment and restriction of youth in custody. 
The proposed rule implements the Human Resource Code, sec.61.034. 

sec.93.15. Youth Mail.
(a) Purpose. The purpose of this section is to establish certain rules affecting 
a TYC youth's right to correspond freely through the mail except when such 
correspondence presents a risk to the a facility security and order. 
(b) Applicability. 
(1) For rules regarding mail correspondence to attorneys and courts, see (GAP) 
sec.93.11 of this title (relating to Access to Attorneys and Courts). 
(2) See (GAP) sec.93.1 of this title (relating to Basic Youth Rights). 
(c) Youth have the right to correspond freely through the mail subject only to 
limitations necessary to maintain facility safety, order, and security. 
(d) No incoming or outgoing youth mail will be read or censored. Incoming mail 
will be opened and inspected for contraband in the presence of the youth. 
(e) Mail containing or reflecting contraband may be rejected. A youth whose mail 
has been rejected is notified. 
(f) Each TYC facility will provide for postage for three letters per week per 
youth. TYC will provide an unlimited number of stamps and writing material to 
youth for use in contacting attorneys or courts. 
(g) When the youth bears the mailing cost, there shall be no limit on the volume 
of letters he/she may send or receive. Youth at the orientation and assessment 
unit will be limited to the postage provided by TYC since they are not allowed 
to have personal funds. 
(h) Youth will be encouraged to maintain contact with family members through the 
mail. 
(i) Rules regarding mail will be made available to all youth and youths' 
parents. 
(j) Funds for a youth received through the mail may be credited to the youth's 
trust fund, except youth at Marlin Orientation and Assessment Unit where youth 
shall not be allowed personal funds. Any facility may refuse to accept money 
sent through the mail if not sent in accordance with facility rules. Such money 
items will be returned to the sender. See (GAP) sec.99.31 of this title 
(relating to Youth Banking). 
(k) Incoming and outgoing letters are held for no more than 24 hours and 
packages are held for no more than 48 hours, excluding weekends and holidays. 
(l) First class letters and packages will be forwarded to the youth's assigned 
placement following transfer or release. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on July 13, 1998.
TRD-9810975
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: August 23, 1998
For further information, please call: (512) 424-6244

CHAPTER 97. Security and Control
SUBCHAPTER A. Security and Control
37 TAC sec.97.11
(Editor's note: The text of the following section proposed for repeal will not 
be published. The section may be examined in the offices of the Texas Youth 
Commission or in the Texas Register office, Room 245, James Earl Rudder 
Building, 1019 Brazos Street, Austin.)
The Texas Youth Commission (TYC) proposes the repeal of sec.97.11, concerning 
disposition of unauthorized items seized. This section is being repealed to 
allow for the publication of a new section.
Terry Graham, Assistant Executive Deputy Director for Financial Support, has 
determined that for the first five-year period the repeal as proposed is in 
effect there will be no fiscal implications for state or local government as a 
result of enforcing or administering the repeal. 
Mr. Graham also has determined that for each year of the first five years the 
repeal is in effect the public benefit anticipated as a result of enforcing the 
repeal will be greater security and protection for TYC youth and staff. There 
will be no effect on small businesses. There is no anticipated economic cost to 
persons who are required to comply with the repeal as proposed. 
Comments on the proposal may be submitted to Gail Graham, Policy and Manuals 
Manager, Texas Youth Commission, 4900 North Lamar, P.O. Box 4260, Austin, Texas 
78765. 
The repeal is proposed under the Human Resources Code, sec.61.034, which 
provides the Texas Youth Commission with the authority to make rules appropriate 
to the accomplishment of its functions. 
The proposed repeal implements the Human Resource Code, sec.61.034. 
sec.97.11. Disposition of Unauthorized Items Seized.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on July 13, 1998.
TRD-9810977
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: August 23, 1998
For further information, please call: (512) 424-6244

The Texas Youth Commission (TYC) proposes new sec.97.11, concerning control of 
unauthorized items seized. The new section will provide for the preservation, 
control, and/or disposition of all contraband including physical evidence 
obtained in connection with a violation of law and/or major rule violation. 
Terry Graham, Assistant Deputy Executive Director for Financial Support, has 
determined that for the first five-year period the section is in effect there 
will be no fiscal implications for state or local government as a result of 
enforcing or administering the section. 
Mr. Graham also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be greater security and protection for youth and staff. There will 
be no effect on small businesses. There is no anticipated economic cost to 
persons who are required to comply with the section as proposed. No private real 
property rights are affected by adoption of this rule. 
Comments on the proposal may be submitted to Gail Graham, Policy and Manuals 
Manager, Texas Youth Commission, 4900 North Lamar, P.O. Box 4260, Austin, Texas 
78765. 
The new section is proposed under the Human Resources Code, sec.61.075, which 
provides the Texas Youth Commission with the authority to determine the 
appropriate treatment/restriction of youth in custody. 
The proposed rule implements the Human Resource Code, sec.61.034. 

sec.97.11. Control of Unauthorized Items Seized.
(a) Purpose. The purpose of this policy is to provide for the preservation, 
control, and/or disposition of all contraband including physical evidence 
obtained in connection with a violation of law and/or major rule violation. 
(b) Applicability. This rule applies to contraband items related to youth in TYC 
residential facilities. 
(c) Contraband - Minor Rule Violation. Seized contraband consisting of sexually 
explicit pictures, or items which advocate delinquent subculture values shall be 
either destroyed or forwarded to the youth's parents or managing conservator, at 
the youth's option unless an investigation is initiated. If an investigation is 
initiated, the evidence shall be retained by the evidence custodian until the 
completion of all investigations. 
(d) Contraband - Potential Evidence. 
(1) Seized contraband which constitutes a major rule violation that may be used 
as evidence in a due process proceeding will be properly identified, documented, 
and stored until no longer needed as evidence. 
(2) The facility administrator will designate an evidence custodian to maintain 
contraband in a key-locked secure location and to ensure a chain of custody 
until the item is no longer needed. The key shall be accessible only to the 
facility administrator and evidence custodian. 
(3) Any staff discovering or taking possession of contraband shall be 
responsible for its preservation until transferred to the appropriate authority. 
(4) Depending on the nature of the investigation, the evidence may be given to 
law enforcement authorities. 
(5) After all administrative/legal proceedings have been concluded, the items 
shall be destroyed in the presence of at least two staff members, sent to the 
youth's home or returned to the owner if other than a TYC youth. 
(e) Contraband/Evidence in a Potential Crime Scene. A potential crime scene 
could be an apparent death, major injury, sexual assault and/or major property 
damage. The area shall be immediately secured and access prohibited into the 
potential crime scene or area containing potential evidence. Staff discovering a 
potential crime scene shall immediately notify the facility administrator. Staff 
shall not enter the area to clean or disturb the potential evidence, clothing, 
body fluids, etc. until authorized by the facility administrator. Only 
investigating law enforcement personnel should handle the evidence. 
(f) Money as Contraband. Money seized as contraband will be deposited in the 
trust fund of the youth from whom it is taken, unless other ownership can be 
established. If ownership cannot be established, it will be deposited in the 
student benefit fund. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on July 13, 1998.
TRD-9810976
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: August 23, 1998
For further information, please call: (512) 424-6244

CHAPTER 99. General Provisions
SUBCHAPTER B. Youth Funds
37 TAC sec.99.31
The Texas Youth Commission (TYC) proposes an amendment to sec.99.31, concerning 
youth banking. The amendment will establish additional procedures for the 
maintaining student trust funds for youth committed to TYC. 
Terry Graham, Assistant Deputy Executive Director for Financial Support, has 
determined that for the first five-year period the section is in effect there 
will be no fiscal implications for state or local government as a result of 
enforcing or administering the section. 
Mr. Graham also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be more efficient use of government resources. There will be no 
effect on small businesses. There is no anticipated economic cost to persons who 
are required to comply with the section as proposed. No private real property 
rights are affected by adoption of this rule. 
Comments on the proposal may be submitted to Gail Graham, Policy and Manuals 
Manager, Texas Youth Commission, 4900 North Lamar, P.O. Box 4260, Austin, Texas 
78765. 
The amendment is proposed under the Human Resources Code, sec.61.0432, which 
provides the Texas Youth Commission with the authority to deposit money which 
belongs to a child committed to the commission in a trust fund established by 
the facility operated by the commission to which the child is assigned. The 
commission has the authority to adopt rules governing the administration of the 
fund. 
The proposed rule implements the Human Resource Code, sec.61.034. 

sec.99.31. Youth Banking. 
(a) (No change.) 
<nl>(b)<ol> A student trust fund account will be maintained for each youth 
receiving personal funds while in residential placement in a TYC institution or 
halfway house except youth at the orientation and assessment unit. 
<nl>(c)<ol> The facility director/administrator is the trustee for the Student 
Trust Fund in his or her program. 
<nl>(d)<ol> TYC will not be responsible for cash sent through the mail which is 
not received. 
<nl>(e)<ol> Funds sent to a youth through the mail must be sent according to 
instructions provided by TYC or may be returned to the sender. Parents will be 
provided all instructions. 
<nl>(1)<ol> Envelopes containing funds for youth must be addressed to the 
facility business office. 
<nl>(2)<ol> Any check, money order, or cashier's check must be payable to the 
youth's facility with the youth's name and TYC number on the check. 
<nl>(f)<ol> Funds from deposit of personal checks will not be available for use 
for 10 days to allow funds to clear the financial institution. 
<nl>(g)<ol> [(c)] A youth <nl>will be <ol> [is] given [a] <nl>an official 
student trust fund <ol> receipt for money deposited to the trust fund. <nl>A 
youth will be given a temporary receipt effective until the funds are either 
deposited or returned to the sender. If the funds and accompanying 
correspondence are returned, the youth will be given a copy of the 
correspondence. <ol> 
<nl>(h)<ol> [(b)] <nl>A youth may have no more cash in his personal possession 
than the amount authorized by the program rules. <ol> All money belonging to a 
youth in excess of the amount authorized for personal possession is placed in 
his/her student trust fund at the youth's institution or halfway house 
placement. [A youth may have no more cash in his personal possession than the 
amount authorized by the program rules.
<nl>(i)<ol> [(d)] A youth may withdraw money for specific purposes according to 
need and level of responsibility. 
<nl>(j)<ol> TYC may not withdraw money from a youth's trust fund without the 
youth's consent <nl>except the exact amount which may be deducted for a charge 
to TYC by a bank for a problem related to the youth's deposit, e.g., for 
insufficient funds. <ol> 
<nl>(k)<ol> [(e)] Youth with adequate balances are given the opportunity to 
establish a savings account when their remaining length of stay in the facility 
would justify the amount of staff time required to set up the individual savings 
account. Youth must maintain a minimum balance equal to or greater than the 
lowest minimum balance required without a service charge by a bank located 
within a reasonable distance from the facility. Interest on personal funds 
accrues to the youth. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on July 13, 1998.
TRD-9810978
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: August 23, 1998
For further information, please call: (512) 424-6244

PART XI. Texas Juvenile Probation Commission
CHAPTER 348. Juvenile Justice Alternative Education Programs
The Texas Juvenile Probation Commission proposes new sec.sec.348.101 - 348.112 
and sec.sec.348.501 - 348.504. The purpose of these proposed rules is to 
establish minimum operational, programmatic, and educational standards for 
juvenile justice alternative education programs (JJAEP) in Texas. 
Linda Brooke, Director of Education Related Services, has determined that for 
the first five year period the standards are in effect there will be no fiscal 
implications for state or local government as a result of enforcing or 
administering the new standards. 
Ms. Brooke has also determined that for each year of the first five years the 
new standards are in effect, the public benefit anticipated as a result of 
enforcement will be to ensure basic guidelines are in place for operating 
juvenile justice alternative education programs. There are no anticipated 
economic costs to persons who are required to comply with these standards as 
proposed. There will be no effect on small businesses.
Comments on the proposed standards may be submitted to Linda Brooke at the Texas 
Juvenile Probation Commission, P. O. Box 13547, Austin, Texas 78711. 

SUBCHAPTER A. Program Operations
37 TAC sec.348.101-348.112
These standards are proposed under sec.141.042 of the Texas Human Resource Code, 
which provides the Texas Juvenile Probation Commission with the authority to 
adopt reasonable rules which provide minimum standards for juvenile boards. 
No other code or article is affected by these new standards. 

sec.348.101. Purpose.
The purpose of this chapter is to establish minimum operational, programmatic, 
and educational standards for juvenile justice alternative education programs 
(JJAEP) in Texas. 

sec.348.102. Definitions.
The words and terms when used in this chapter, shall have the following 
meanings, unless the context clearly indicates otherwise: 
(1) Attendance Days--The actual number of instructional days a student is 
enrolled and in attendance at the JJAEP for a minimum of 4 hours per day. 
(2) Exit Reason--The reason a student exits the JJAEP program. A student shall 
be accounted for in only one of the following categories.
(3) Completed program/returned to home school while on probation--Student has 
returned to home school district while still under terms of probation. 
(4) Completed program/term of probation expired--Student has returned to home 
school district due to expiration of probation order.
(5) Completed program/term of placement ended--Student returned to home school 
district due to termination of expulsion status and probation status. 
(6) GED Completion--Student has successfully tested and passed the high school 
equivalency examination. 
(7) Graduated--Student has completed all necessary requirements to receive a 
high school diploma. 
(8) Left Program Unsuccessfully--Student has been terminated from the program 
due to: 
(A) a probation modification or revocation; 
(B) an out-of-home placement; 
(C) being held in juvenile detention; 
(D) being held in jail; 
(E) absconding (violation of conditions of release from detention or court 
order); 
(F) being committed to the Texas Youth Commission; or 
(G) being committed to the Texas Department of Criminal Justice.
(9) Other--Student who left program due to out of county move, death, medical 
reason, or other non-delinquency reason. 
(10) Juvenile Justice Alternative Education Program (JJAEP)--An educational 
program operated by the juvenile board of a county to serve expelled students 
pursuant to Chapter 37, Texas Education Code. 

sec.348.103. Program Administration and Organization.
(a) Policy Board. The juvenile board of the county in which the JJAEP is located 
shall be responsible for approving and implementing the policy for the program. 
The JJAEP shall be operated according to current written policies which address 
personnel, administration, programming, training, and standards under this 
chapter. The juvenile board shall conduct an annual review of the policies. 
(b) Management Review. The juvenile board and the chief administrative officer 
shall participate in an annual evaluation of overall operations of the JJAEP. 
Existing policies and practices shall be reviewed to determine their continuing 
relevance to the mission of the facility. 
(c) Required Staff. Each JJAEP shall provide the required administration, 
programmatic and supervision staffing as required by this section. 
(1) Administration. The juvenile board shall designate a chief administrative 
officer. 
(A) Qualifications. The chief administrative officer shall, at a minimum, hold a 
four-year degree from an accredited university and shall possess juvenile 
justice and/or education experience. 
(B) Duties. The chief administrative officer shall be responsible for the 
management of the JJAEP and shall ensure compliance with all applicable laws 
related to JJAEPs. The chief administrative officer shall ensure compliance with 
contractual provisions of all contracts with TJPC related to JJAEPs.
(2) Instructional Staff. The juvenile board shall employ adequate instructional 
staff or contract for the provision of instructional services to provide 
appropriate educational services to students in attendance in the JJAEP. The 
instructional staff for the JJAEP shall include, at a minimum, one Texas 
certified teacher. The JJAEP shall employ or contract for the employment of the 
appropriate number of special education teachers as required by federal law. 
(A) Qualifications Instructional staff shall, at a minimum, hold a four-year 
degree from an accredited university. A certified teacher shall meet the 
requirements of teacher certification set out by State Board for Educator 
Certification. A special education teacher shall meet the requirements of 
certification as required by the State Board for Educator Certification.
(B) Instructional Staff to Student Ratio. 1 to 16 preferred; 1 to 24 minimum 
required. 
(3) Caseworkers. The JJAEP shall employ or contract for the employment of a 
minimum of one caseworker on staff. Caseworkers shall be either social workers, 
probation officers assigned to the JJAEP, counselors or other mental health 
professionals. 
(A) Qualifications. All caseworkers shall meet the minimum professional 
requirements and shall be licensed or certified by the appropriate authority in 
their field. 
(B) Caseworker Staff to Student Ratio. 1 to 25 preferred; 1 to 44 minimum 
required. 
(4) Supervision Staff. The JJAEP shall employ or contract for the employment of 
adequate supervision staff, which may include drill instructors, teacher aides, 
security personnel, caseworker aides, and volunteers. 
(5) Operational Staff to Student Ratio (Includes Instructional Staff, 
Supervisory Staff, On-site Caseworkers, and Facility Administrators as defined 
above). 1 to 8 preferred; 1 to 12 minimum required. Supervision staff shall, at 
a minimum, possess a high school diploma or GED. 

sec.348.104. Personnel Administration.
(a) Personnel Policies. Written policy shall be made available to each new 
employee at the time of hiring. The policies shall be reviewed annually and 
updated if necessary. The policies shall include: 
(1) employee grievance procedures; 
(2) employee evaluation procedures requiring a written evaluation at least 
annually; and 
(3) job descriptions including duties and responsibilities of each position. 
(b) Personnel Records. The chief administrative officer shall ensure that a 
personnel file is maintained for each employee. The file shall, at a minimum 
include the application for employment, references, criminal history background 
check, sex offender registration check, performance evaluations, training 
records, and applicable personnel actions. 
(c) Communicable Disease. Policy may require testing of staff for communicable 
diseases such as tuberculosis and hepatitis as a condition of employment and 
periodically thereafter. 
(d) Research Programs. The chief administrative officer shall review proposals 
for research to ensure conformity with departmental policy. Students may 
voluntarily participate in approved research programs with the written consent 
of the student's parent, guardian or custodian. Medical, pharmacological, and 
cosmetic programs shall be forbidden. 

sec.348.105. Management Information System.
(a) Data Collection. The juvenile board and the chief administrative officer 
shall ensure that statistical and programmatic data pertaining to each student 
admitted to a JJAEP are gathered and documented. 
(b) Statistics. At a minimum, the following statistics shall be documented for 
each student in the program: 
(1) full name of student; 
(2) home physical address; 
(3) home mailing address; 
(4) home phone number; 
(5) parent, guardian or custodian name; 
(6) parent, guardian or custodian address (if different than student); 
(7) parent, guardian or custodian phone number (if different than student); 
(8) PID Number (probation identification number); 
(9) state identification number (SID); 
(10) social security number;
(11) race; 
(12) sex;
(13) citizenship; and
(14) date of birth.
(c) Student Educational Data and Other Information. At a minimum, the following 
information shall be documented and contained in the case file for each student 
in the program. 
(1) Current Grade Level.
(2) Notice of expulsion.
(3) Applicable court orders placing student into JJAEP.
(4) Education records (including special education determination and appropriate 
special educational records, Texas Assessment of Academic Skills summary sheet, 
home language survey).
(5) Admission and exit testing data.
(6) Physical exam (required if JJAEP has a boot-camp component).
(7) Documentation of regular education program review of student as required by 
Texas Education Code Section 37.011(d).
(8) Date of admission.
(9) Number of attendance days.
(10) Number of absence days.
(11) Date of release.
(12) Emergency notification contacts for the student.
(13) Special medical needs, if any, of the student.
(d) Overall Programmatic Data. At a minimum, the following information shall be 
documented for the overall JJAEP program: 
(1) Total student attendance days.
(2) Total student absence days. 

sec.348.106. Curriculum. 
(a) Required Courses. The JJAEP shall, at a minimum, provide the following 
required courses to all students in attendance at the JJAEP:
(1) English Language Arts.
(2) Mathematics.
(3) Social Studies.
(4) Science.
(5) High School Equivalency Program (GED).
(6) Self Discipline (may be integrated into the program and may include formal 
instruction in drug awareness, anger management, and impulse control).
(b) Recommended Courses. The following courses are recommended to be provided to 
all students in attendance at the JJAEP: 
(1) Life Skills.
(2) Physical Fitness.
(3) Vocational Training.
(4) Other electives.
(c) Curriculum Development. Programs shall have a strong accelerated component 
to their instruction for all required area of instruction. At least one 
certified teacher shall oversee the development and implementation of the 
curriculum in the JJAEP academic program. The juvenile board or designee shall 
assure that course instruction is consistent with the essential knowledge and 
skills of each subject of the foundation curriculum as defined under the rules 
of the State Board of Education under Texas Education Code Section 28.002(c). 
The GED must address the elements required to pass the GED test but program 
components may be integrated into the regular program curriculum. 

sec.348.107. Program Requirements. 
(a) Special Education. Student with disabilities who are placed in the JJAEP 
will be afforded education services determined by a duly constituted Admissions 
Review and Dismissal Committee to be appropriate for the student to receive a 
free and appropriate public education as defined by Federal and State laws. Both 
those educational and non-educational services to be provided in accordance with 
the student's Individual Education Plan and/or Individual Transition Plan which 
are not statutorily required to be provided by the JJAEP shall be provided by 
the school district, unless otherwise provided by the memorandum of 
understanding. 
(b) English As A Second Language. English as a second language services and 
instruction shall be provided in the JJAEP and shall be appropriate to address 
the needs of those students who speak English as a second language or who are 
non-English speaking. 
(c) High School Equivalency Examination (GED). GED scores on each GED test 
administered shall be certified by the GED examiner. 
(d) Counseling. Counseling services provided by caseworkers shall be available 
to all students enrolled and in attendance at the JJAEP.
(e) Transportation. The transportation plan as developed in the memorandum of 
understanding required under Texas Education Code Section 37.011(k) shall be 
implemented. 
(f) Meals. Policy and practice shall ensure the provision of a lunch meal for 
each student in attendance at the JJAEP on each school day. A student shall not 
be denied a lunch meal as a sanction or disciplinary measure. 
(g) Medical. The JJAEP shall have a medical release on file for each student 
signed by the student's parent, guardian or custodian. Each student shall 
provide documentation of all immunizations required of public school students. 
If the JJAEP has a boot-camp or intensive physical fitness component, each 
student shall have a medical screening prior to admittance into the program 
performed by a licensed physician. No student shall be admitted to such a 
program unless the physician certifies in writing that the student has no 
physical limitations or conditions that would prohibit participation in the 
JJAEP program. 

sec.348.108. Inter-Local Cooperation. 
(a) Parent or Guardian. 
(1) The JJAEP shall notify a student's parent, guardian or custodian of the 
student's enrollment into and exit from the JJAEP. 
(2) Periodic progress reports shall be given to the student and the student's 
parent, guardian or custodian every 120 days or more frequently if required by 
local policy. 
(b) School District. 
(1) The JJAEP shall develop, provide and communicate a written transition plan 
that covers the student's entrance into and exit from a JJAEP.
(2) The JJAEP shall provide to each enrolled student's home school district the 
student's attendance records, grades and transition plan as well as any other 
records upon the student's transition back to the home school. 
(3) The Administrative Officer shall transfer all grades and course credit 
earned to the sending school districts when a student is transferred back to the 
home school district. 
(4) All students enrolled in the JJAEP are required to take the Texas Assessment 
of Academic Skills (TAAS) examination and the TAAS shall be administered at the 
appropriate grade level to the student at the JJAEP. All TAAS scores will be 
reported to the student's home school district.
(c) Juvenile Probation Departments. 
(1) The JJAEP and the local juvenile probation department shall cooperate in the 
coordination of providing needed social services for the juvenile probationers 
enrolled in the JJAEP. Local probation departments shall, at a minimum, provide 
information to the JJAEP regarding the probation status of the juvenile, as well 
as the name of the juvenile's probation officer.
(2) The JJAEP shall provide the local probation department with attendance 
records of juvenile probationers enrolled in the JJAEP every month. 
(d) Truancy. The JJAEP shall report truancy to the appropriate enforcement 
agency. 

sec.348.109. Physical Plant.
(a) The facility shall conform to all applicable federal, state, and/or local 
ordinances and codes. 
(b) The population of the facility shall not exceed the rated capacity as 
determined by the local fire marshal. 
(c) The classroom space, fixtures and common areas shall be adequate to meet the 
programmatic requirements for each student enrolled and in attendance in the 
JJAEP. 

sec.348.110. Security and Control.
(a) Security Plan. The JJAEP shall have a written security plan. It must address 
both security within the school facility, on school property or school sponsored 
events off school property and during transportation of JJAEP students by JJAEP 
staff. 
(b) Transportation. Written policies shall govern the use of motor vehicles to 
transport juveniles enrolled in the JJAEP. Said policies shall address the 
method of transportation authorized, security and supervision, authorized 
transport personnel, and emergency procedures. 
(c) Emergency Procedures. The JJAEP shall have written policies and emergency 
plans regarding emergency situations, including but not limited to, fire, bomb 
threats, hazardous weather conditions, riots, and medical emergencies. Each 
JJAEP shall have a minimum of two staff members on duty at all times certified 
in cardio-pulmonary resuscitation (CPR) and first aid. 
(d) Emergency Drills. Unless otherwise required more frequently by local fire 
codes or ordinances, the JJAEP shall conduct fire drills at least twice a year. 
(e) Supervision. Students removed from the regular classroom setting and placed 
in isolation, administrative segregation, time-out, in-school suspension or 
other disciplinary removals from the regular classroom shall be under continuous 
visual supervision at all times. A JJAEP may use an unlocked isolation room for 
disciplinary purposes provided the room is safe and continuous visual 
supervision is possible. Electronic monitoring equipment shall not be used to 
substitute for required staff or continuous visual supervision.
(f) Law Violations. Written policy, procedures, and practice shall provide that 
all alleged violations of penal laws of this state or the United States shall be 
reported by the JJAEP staff to the proper law enforcement authorities if the 
conduct that constitutes the alleged violation occurred
(1) In any JJAEP building or facility; 
(2) On the property where the JJAEP is located; 
(3) On a motorized vehicle being operated by JJAEP staff that is transporting 
JJAEP students; 
(4) At a JJAEP sponsored event either on or off the property where the JJAEP is 
located; or 
(5) Within 300 feet of the property where the JJAEP is located 
(g) Searches. Searches shall be conducted according to written policies limited 
to certain conditions. All students entering the JJAEP shall, at a minimum, be 
subjected to a pat-down search or a metal detector screening on a daily basis. 
JJAEP staff shall not conduct strip searches. 
(h) Disciplinary Reports. Written policy, procedure, and practices shall require 
JJAEP staff to prepare a written disciplinary report for each incident occurring 
in the JJAEP that constitutes a major violation of the student code of conduct 
or facility rules. The disciplinary report shall be forwarded to the 
administrative officer within 24 hours or on the next working day. 
(i) Use of Force. Use of force is justified by JJAEP staff when reasonably 
necessary to prevent harm to a student, JJAEP staff member or other person or 
persons in the JJAEP, or property. Written policy, procedure, and practice shall 
require the JJAEP to adopt a TJPC approved physical restraint technique. Only 
those JJAEP staff that are specially trained and certified in a recognized 
restraint program may participate in the restraint of a student. Mechanical 
restraints may only be used by a law enforcement officer, certified juvenile 
probation officer, certified detention officer, or certified correctional 
officer. In no event are restraint techniques justifiable as punishment, 
discipline, compliance or intimidation. the use of force shall be fully 
documented and recorded. Restraint shall be terminated as soon as the youth's 
behavior indicates that threat of imminent self-injury or injury to others are 
absent. Any restraint incident resulting in bodily injury or serious bodily 
injury to a student, as defined in the Texas Penal Code, shall be reported to 
the county juvenile board or its designee in writing within 24 hours of the 
incident. 
(j) Abuse or Neglect. Any allegations of abuse or neglect of a JJAEP student 
shall be documented and reported immediately to law enforcement for 
investigation as required by Chapter 261, Texas Family Code. 
(k) Death and Injuries. An attempted suicide or the death of a student occurring 
at the JJAEP shall be reported to the county juvenile board or its designee and 
TJPC in writing within 24 hours. Any incident resulting in bodily injury or 
serious bodily injury to a student, as defined in the Texas Penal Code, shall be 
reported to the county juvenile board or its designee in writing within 24 hours 
of the incident. 
(l) Weapons. Only certified peace officers acting in the scope of their 
authority may possess and carry weapons or chemical agents within the JJAEP. 

sec.348.111. Student Code of Conduct. 
(a) Adoption. The JJAEP student code of conduct shall be adopted by the juvenile 
board and shall describe and define in writing the JJAEP behavior management 
system. 
(b) Notice. The JJAEP student code of conduct shall be provided to each student 
and the student's parent, guardian or custodian upon admittance into the JJAEP. 
The code of conduct shall be reviewed with each student and the student's 
parent, guardian or custodian and shall be translated if necessary to ensure 
understanding of the content by all parties. A signed acknowledgment of receipt 
of the student code of conduct shall be maintained in each student's file. JJAEP 
staff shall be provided a copy of the code of conduct. 
(c) Discipline and Sanctions. The JJAEP student code of conduct shall detail the 
sanctions and disciplinary procedures that may be applied to students for 
particular behaviors. Disciplinary procedures shall be carried out promptly and 
all students shall be afforded due process protections. Written rules of conduct 
shall include, but shall not be limited to the following:
(1) Prohibited behaviors and conduct; 
(2) Disciplinary consequences for prohibited behaviors and conduct; 
(3) Description of circumstances that will allow removal from the classroom; and 
(4) Circumstances under which a JJAEP student may be placed into another 
educational setting. 
(d) Prohibited Sanctions. The following sanctions shall be prohibited in the 
JJAEP and their prohibition shall be clearly noted in the student code of 
conduct: 
(1) Corporal punishment, physical abuse, humiliating punishment or hazing; 
(2) Deprivation of food and water; or 
(3) One student sanctioning another. 
(e) Dress Code. The JJAEP student code of conduct may require a reasonable dress 
code or uniforms for students in attendance. 
(f) Grievance Procedures. Student grievance procedures shall be set out and 
explained fully in the student code of conduct. Procedure and practice shall 
facilitate student complaints of mistreatment or regarding programmatic issues 
and shall ensure students are protected against retaliation in any form. 
Grievance procedures shall provide that each child is afforded one level of 
appeal on all grievance complaints. A copy of each grievance submitted by a 
student shall be provided to the student's parent, guardian or custodian and to 
the juvenile board or its designee. 

sec.348.112. Waiver. 
The juvenile board may make an application to TJPC for a waiver of a standard or 
standards under this Chapter, excluding statutory and constitutional 
requirements. The Juvenile board shall submit a plan to adopt said standard or 
standards by a certain date and include an explanation regarding why immediate 
compliance is impossible. Waivers may be granted for a period not to exceed two 
years. Waivers may be granted pursuant to a grant contract with counties that 
are not required to operate a JJAEP. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on July 9, 1998.
TRD-9810901
Lisa Capers
Deputy Executive Director
Texas Juvenile Probation Commission
Earliest possible date of adoption: August 23, 1998
For further information, please call: (512) 424-6681

SUBCHAPTER B. Accountability
37 TAC sec.sec.348.501-348.504
These standards are proposed under sec.141.042 of the Texas Human Resource Code, 
which provides the Texas Juvenile Probation Commission with the authority to 
adopt reasonable rules which provide minimum standards for juvenile boards. 
No other code or article is affected by these new standards. 

sec.348.501. Mission of Program.
Academically, the mission of the JJAEP shall be to allow students to perform at 
grade level. The JJAEP shall provide an instructional program that results in a 
level of student progress that exceeds one year increase in academic performance 
in the areas of reading and math for one year of instruction.

sec.348.502. Annual Performance Evaluation. 
A JJAEP's performance indicators shall be based primarily on non-academic and 
academic performance indicators. In evaluating a JJAEP, TJPC may consider other 
factors, including but not limited to, the recidivism rate of its students, 
classroom behaviors measured through a standardized methodology, total course 
credits earned and total courses passed. 
(1) Non-Academic Indicator. Average rate of attendance for all JJAEP students 
shall not be less than 70% of the total number of student attendance days for 
the school year. 
(2) Academic Indicator. The JJAEP may select the assessment instruments to be 
used in assessing student academic grade level upon entrance into the JJAEP and 
growth in the areas of reading and mathematics while in the JJAEP. The pre- and 
post-testing instruments shall be valid for measuring performance improvement 
with respect to grade-level equivalence for an individual student for a period 
of 90 days or longer. The testing instruments shall be described and submitted 
to TJPC in writing for review as part of the annual JJAEP programmatic approval. 
(A) Pre-Tests. The JJAEP shall assess every student during the admission 
process. Pretests shall determine the reading and mathematics grade level for 
every student assigned to a JJAEP. A pre-test shall be administered to every 
JJAEP student no more than 30 days after the student is enrolled in the JJAEP. 
(B) Post-tests. Post-tests shall evaluate the increase in academic performance 
of the student while in attendance at the JJAEP by measuring the progress toward 
grade level in the areas of reading and mathematics. A JJAEP is not required to 
administer a post-test to: 
(i) Those students whose exit reasons are "unsuccessful" or "other" as 
determined by sec.348.102 of this Chapter and the student is unavailable for 
testing. 
(ii) Students who have not attended a JJAEP for at least one semester or 90 
cumulative full time instructional days, whichever is shorter.

sec.348.503. Assessment Reliability and Safeguards. 
Written policy of the JJAEP shall describe the safeguards it will use to 
maintain the integrity of the assessment process so that all student scores 
reflect actual student progress. 

sec.348.504. Performance Reports.
Each year TJPC shall publish statistical and performance data for each mandatory 
JJAEP. TJPC will send the report to the chairman of the juvenile board that 
operates a mandatory JJAEP, the chairman of the board of trustees of each school 
district that participates in a mandatory JJAEP, and the regional education 
service center having jurisdiction over the area served by the mandatory JJAEP. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on July 9, 1998.
TRD-9810859
Lisa Capers
Deputy Executive Director
Texas Juvenile Probation Commission
Earliest possible date of adoption: August 23, 1998
For further information, please call: (512) 424-6681

TITLE 40. SOCIAL SERVICES AND ASSISTANCE
PART I. Texas Department of Human Services
CHAPTER 18. Nursing Facility Administrators
40 TAC sec.sec.18.2-18.10, 18.15, 18.16
(Editor's note: The text of the following sections proposed for repeal will not 
be published. The sections may be examined in the offices of the Texas 
Department of Human Services or in the Texas Register office, Room 245, James 
Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Department of Human Services (DHS) proposes the repeal of 
sec.sec.18.2-18.10, 18.15, and 18.16, and new sec.sec.18.2-18.10, 18.15, and 
18.16, concerning the board, application procedures, criteria for determining 
fitness of applicants for examination and licensure, academic regulations for 
examination and licensure, administrators-in-training, successful completion of 
examination, provisional license by endorsement, license renewal and inactive 
status, and continuing education requirements; default orders, and criteria for 
licensing of persons with criminal backgrounds, in its Nursing Facility 
Administrators chapter. The purpose of the repeals and new sections is to comply 
with Senate Bill 84, passed during the regular session of the 75th Texas 
Legislature, that administratively transferred the rules from the Texas Board of 
Nursing Facility Administrators to the Texas Department of Human Services (DHS). 
Eric M. Bost, commissioner, has determined that for the first five-year period 
the sections are in effect there will be no fiscal implications for state or 
local government as a result of enforcing or administering the sections.
Mr. Bost also has determined that for each year of the first five years the 
sections are in effect the public benefit anticipated as a result of enforcing 
the sections will be to ensure that nursing facility administrators meet the 
necessary requirements to be licensed in the state of Texas and also to promote 
the safety of nursing facility residents. 
Questions about the content of this proposal may be directed to Renee Clack at 
(512) 231-5821 in DHS's Credentialing Department. Written comments on the 
proposal may be submitted to Supervisor, Rules and Handbooks Unit-327, Texas 
Department of Human Services E-205, P.O. Box 149030, Austin, Texas 78714-9030, 
within 30 days of publication in the Texas Register The repeals are proposed 
under the Texas Health and Safety Code, Chapter 242, Subchapter I, (Nursing 
Facility Administration, sec.sec.242.301, added by Acts 1997, 75th Legislature, 
Chapter 1280, sec.1.01), which authorizes the department to license nursing 
facility administrators. 
The repeals implement the Texas Health and Safety Code, Chapter 242.302, as 
added by Acts 1997, 75th Legislature, Chapter 1280, sec.1.01. 
sec.18.2. The Board. 
sec.18.3. Application Procedures. 
sec.18.4. Criteria for Determining Fitness of Applicants for Examination and 
Licensure. 
sec.18.5. Academic Regulations for Examination and Licensure. 
sec.18.6. Administrators-in-Training. 
sec.18.7. Successful Completion of Examination. 
sec.18.8. Provisional License by Endorsement. 
sec.18.9. License Renewal and Inactive Status. 
sec.18.10. Continuing Education Requirements. 
sec.18.15. Default Orders. 
sec.18.16. Criteria for Licensing of Persons with Criminal Backgrounds. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on July 21, 1998.
TRD-9811474
Glenn Scott
General Counsel, Legal Services
Texas Department of Human Services
Proposed date of adoption: October 1, 1998
For further information, please call: (512) 438-3765

The new sections are proposed under the Texas Health and Safety Code, Chapter 
242, Subchapter I, (Nursing Facility Administration, sec.sec.242.301, added by 
Acts 1997, 75th Legislature, Chapter 1280, sec.1.01), which authorizes the 
department to license nursing facility administrators. 
The new sections implement the Texas Health and Safety Code, Chapter 242.302, as 
added by Acts 1997, 75th Legislature, Chapter 1280, sec.1.01. 

sec.18.2. The Board. 
(a) General introduction. 
(1) Purpose. The purpose of this section is to clarify the organization, 
administration, and other procedures and policies concerning the operation of 
the Texas Board of Nursing Facility Administrators (board). 
(2) Board. The board shall be composed of nine members who will be appointed by 
the Governor. Three members must be selected from the general public, and six 
members must be nursing facility administrators licensed under the Texas Board 
of Nursing Home Administrators Act (Act). In addition, there shall be two non-
voting ex-officio members from the Texas Department of Human Services and the 
Texas Department on Aging. 
(3) Terms. Members of the board hold office for staggered six-year terms. Three 
members' terms expire February 1 of each odd numbered year. 
(4) Elections. At the meeting held nearest to August 31 of each year, the board 
shall elect a chair and vice-chair by a majority vote of members present. 
(5) Officers. 
(A) Chair. 
(i) The chair shall preside at all meetings at which he or she is in attendance 
and perform all duties prescribed by law or this chapter. 
(ii) The chair of the board shall make day-to-day decisions regarding 
subcommittee and board activities in order to facilitate the responsiveness and 
effectiveness of the board, as authorized by the board. 
(B) Vice-chair. 
(i) The vice-chair shall perform the duties of the chair in case of absence or 
disability of the chair. 
(ii) In case the office of chair becomes vacant, the vice-chairperson shall 
serve until a successor is elected. 
(6) Committees. The chair may appoint board members to committees to assist the 
board in its work. All committees appointed by the chair shall consist of no 
more than four members and shall make regular reports to the board by interim 
written reports or at regularly scheduled meetings. The committees shall direct 
all such reports to the executive secretary or a designee, if absent. 
(7) Reimbursement for expenses. No member of the board may receive compensation 
for serving on the board. Each member is entitled to the per diem set by the 
legislature for each day that the member performs functions as a member of the 
board. 
(8) Meetings. Meetings shall be announced and conducted under the provisions of 
the Texas Open Meetings Act. 
(A) Agendas. 
(i) The executive secretary or the executive secretary's designee shall prepare 
and submit to each member of the board an agenda which shall include items 
required by law, items requested by members, and other matters of board business 
which have been approved by the chair. 
(ii) Any member of the public wishing to be on the agenda to present or speak on 
a specified topic at a meeting of the board must provide a written request to 
the executive secretary which shall describe the topic to be addressed. The 
chair may limit as appropriate the times for public participation. These 
requests must be submitted 21 calendar days before the next regularly scheduled 
meeting. 
(B) Frequency of meetings. The board shall meet at least biannually and may meet 
at other times as the chair deems necessary. All meetings shall be conducted in 
accordance with the Texas Open Meetings Act. 
(C) Attendance. If a member is absent from more than half of the regularly 
scheduled board meetings that the member is eligible to attend during the 
calendar year, unless the absence is excused by majority vote of the board, a 
potential ground for removal from the board exists. The chair shall notify the 
governor that potential ground for removal exists. 
(D) Rules of parliamentary procedure. All official decisions made by the board 
shall be made according to parliamentary procedures as set forth in the latest 
edition of Robert's Rules of Order. 
(E) Transaction of official business. The board may transact official business 
only during a legally constituted meeting with a quorum present. Five members of 
the board constitute a quorum. The board shall not be bound in any way by any 
statement or action on the part of any board or staff member except when a 
statement or action is pursuant to specific instructions of the board. 
(F) Minutes. The minutes of a board meeting are official only when affixed with 
the original signatures of the chair and the executive secretary or the 
executive secretary's designee. 
(i) Drafts of the minutes of each meeting shall be forwarded to each member of 
the board for review and comments or corrections prior to approval by the board. 
(ii) The official minutes of the board meetings shall be kept in the office of 
the executive secretary or the executive director's designee. 
(b) Petition for the adoption of a rule. 
(1) Purpose. The purpose of this subsection is to delineate the board's 
procedures for the submission, consideration, and disposition of a petition to 
the board to adopt a rule. 
(2) Submission of the petition. 
(A) Any person may petition the board to adopt a rule. 
(B) The petition shall: 
(i) be in writing; 
(ii) state petitioner's name, address, and telephone number; and 
(iii) contain the following information: 
(I) a brief explanation of and justification for the proposed rule; 
(II) the text of the proposed rule prepared in a manner to indicate the words to 
be added or deleted from the current text, if any; 
(III) a statement of the statutory or other authority under which the proposed 
rule is to be promulgated; and 
(IV) the public benefit anticipated as a result of adopting the proposed rule or 
the anticipated injury or inequity which could result from the failure to adopt 
the proposed rule. 
(C) The petition shall be filed with the board office. 
(D) The executive secretary or the executive secretary's designee may determine 
that the petition does not contain the information described in subparagraph (B) 
of this paragraph. 
(3) Consideration and disposition of the petition. All initial petitions for the 
adoption of a rule shall be presented to and resolved by the board. 
(c) Executive secretary. The executive secretary of the executive secretary's 
designee: 
(1) keep the minutes and proceedings of the board and shall be custodian of the 
files and records unless another custodian is designated by the board; 
(2) shall exercise general supervision over persons employed in the 
administration of the Act; 
(3) shall be responsible for the investigation of complaints and for the 
presentation of formal complaints to the complaints committee; 
(4) shall be responsible for all correspondence for the board and obtain, 
assemble, or prepare reports and information that the board may direct, or as 
authorized or required by the department; 
(5) shall be responsible for assembling and evaluating materials submitted by 
applicants for licensure. Determinations made by the executive secretary or the 
executive secretary's designee that propose denial of licensure are subject to 
the approval of the appropriate committee of the board or the committee which 
shall make the final decision on the eligibility of the applicants; and 
(6) may serve as the administrator of licensure examinations. 
(d) Official records. The rules of procedure for inspection and duplication of 
public records contained in the Texas Open Records Act shall apply to requests 
received by the board. 
(e) Impartiality and nondiscrimination. The board shall make no decision in the 
discharge of its statutory authority based on to any person's race, religion, 
color, gender, disability, national origin, or age. An individual must be a 
minimum of 18 years old to apply for licensure. Any board member who is unable 
to be impartial in the determination of an applicant's eligibility for licensure 
or in a disciplinary action against a licensee shall so declare this to the 
committee and shall not participate in any board proceedings involving that 
applicant or licensee. 
(f) Disabled applicants. Applicants with disabilities shall inform the executive 
secretary or the executive secretary's designee 30 days in advance of any 
special accommodations needed. 
(g) License certificate. 
(1) The board shall prepare and provide to each licensee a license certificate 
which contains the licensee's name and license number. 
(2) Any license certificate or renewal card issued by the board shall remain the 
property of the board and must be surrendered to the board on demand. 
(h) Licensee roster. 
(1) Each year the board shall publish a roster of licensees. 
(2) The roster of licensees shall include, but not be limited to, the name, 
mailing address, current facility address (if applicable), and telephone number 
of current licensees. 
(3) The board shall make available a copy of the roster available to each 
current licensee(s) and provide upon request, copies to other state agencies and 
the general public. 
(i) Fees. 
(1) All fees are non-refundable. 
(2) Remittance submitted to the board in payment of fees may be in the form of a 
cashier's check or money order only. 
(3) The board has established the following fees for licenses, license renewals, 
and examinations and all other administrative fees under the Act. The schedule 
of fees shall be as follows: 
(A) application fee--$100; 
(B) Texas State Standards Examination--$150; 
(C) National Association of Boards of Examiners of Nursing Home Administrators, 
Inc. Examination fee--$125; 
(D) National Association of Boards of Examiners of Nursing Home Administrators, 
Inc. Re-examination fee--$125; 
(E) licensure fee--$250 (for initial license); 
(F) renewal fee--$250 (biennially); 
(G) formal inactive status fee--$250; 
(H) late renewal fee--$250 plus half of the examination fee as set forth in 
subparagraph (B) of this paragraph if over 90 days cost of renewal will be the 
equivalent of the application fee and the examination fee; 
(I) late renewal fee (over 90 days)--$250 and a fee that is equal to the 
examination fee(s) for the license; 
(J) duplicate license fee--$25; 
(K) provisional license fee--$250; and 
(L) exam retest fee--$50 per examination. 
(4) The board shall make periodic reviews of its fee schedule and make any 
adjustments necessary to provide funds to meet its expenses without creating an 
unnecessary surplus. 

sec.18.3. Application Procedures. 
(a) Purpose. The purpose of this section is to set out the procedures for 
application to be a licensed nursing facility administrator. 
(b) General. 
(1) An applicant must submit all required information and documentation of 
credentials on official board forms. 
(2) The board will not consider an application as officially submitted until the 
applicant pays the application fee. The fee must accompany the completed 
application form(s) and both the completed application form(s) and fee must be 
received at least 30 days prior to the date that the applicant wishes to take an 
examination. 
(3) An application will become void one-year after the receipt, if the applicant 
has not completed all the requirements for licensure. 
(4) The board is not responsible for lost, misdirected, or undelivered 
correspondence. 
(c) Required application materials. Documentation listed in paragraph (1)(C)-(F) 
of subsection must be received in the agency office no later than five working 
days before the next regularly scheduled examination. This documentation may be 
submitted with the application and the application fee. 
(1) Application. The application shall be sworn, filled out completely, and 
contain the following: 
(A) specific information regarding personal data, employment history, licensure 
in other states; 
(B) a statement that the applicant has read the Act and board rules and agrees 
to abide by them; 
(C) evidence of completion of the 200-clock hour nursing facility 
administrator's course or its equivalent; 
(D) applicant's disclosure regarding the internship completed through an 
approved school or through the auspices of a board-certified preceptor; 
(E) a "Texas Criminal Conviction" report with accompanying fingerprint card; and 
(F) official college transcripts evidencing the minimum education requirements 
of a Bachelor's degree. 
(2) Other documents. Vita, resume, and/or other documentation of the applicant's 
credentials may be submitted. 
(3) Sworn statement. The applicant shall swear to the information provided in 
the application, in the space provided before a public notary. 

sec.18.4. Criteria for Determining Fitness of Applicants for Examination and 
Licensure. 
(a) Purpose. The purpose of this section is to set forth the criteria by which 
the board will determine the qualifications of an applicant for approval for 
examination and licensure. 
(b) Materials considered in determining the qualifications of applicants. In 
determining the fitness of applicants for examination and licensure, the board 
shall consider each of the following: 
(1) a completed application; 
(2) documentation from other states evidencing "out of state" licensure and any 
disciplinary action; 
(3) transcripts or findings from official court, hearing, or investigative 
proceedings if applicable; and 
(4) any other information which the board considers pertinent to determining the 
fitness of an applicant. 

sec.18.5. Academic Regulations for Examination and Licensure.
(a) Purpose. The purpose of this section is to set out the academic requirements 
for examination and licensure as a nursing facility administrator. 
(b) General. 
(1) The minimum of a Bachelor's degree is required from an accredited college 
approved by an accrediting association recognized by the State of Texas Higher 
Education Coordinating Board. 
(2) The required Bachelor's degree must be either: 
(A) a Bachelor's degree or graduate degree in gerontology, long term care, or 
health care administration with coursework that includes all of the National 
Association of Boards of Examiners of Nursing Home Administrators, Inc. domains 
as follows: 
(i) residents rights; 
(ii) resident care management; 
(iii) personnel management; 
(iv) financial management; 
(v) environmental management; 
(vi) regulatory management; and 
(vii) organizational management; or 
(B) a Bachelor's degree or graduate degree in any subject, plus additional 
coursework equivalent to the 200-clock hour, board-approved nursing facility 
administrator's course. 
(3) A minimum of 1,000 hours of internship must be served in a nursing facility 
licensed for 60-beds or more regardless of the degree obtained. 
(4) Degrees and coursework received at foreign universities shall be acceptable 
only if such coursework is counted as transfer credit by accredited universities 
as reported by the American Association of Collegiate Registrars and Admissions 
Officers. If degrees or coursework cannot be documented because the foreign 
university refuses to issue a transcript or other evidence including degrees or 
coursework based on approved documentation which evidence the minimum 
educational requirement presented by the foreign applicant, then the applicant 
forfeits the original application and must submit a new application with the 
proper transcripts or transcript evaluation. 
(c) Licensure examination requirements. 
(1) Frequency. The Texas Board of Nursing Facility Administrators will give the 
Texas State Standards Examination and the National Board of Examiners for 
Nursing Facility Administrators, Inc., Examination four times a year as follows: 
(A) January; 
(B) April; 
(C) July; and 
(D) October. 
(2) Notification for eligibility for examinations. An applicant will be notified 
of eligibility for examination. 
(3) Examination. A person may apply to take the examination after he or she has:
(A) submitted the necessary forms, fees, and application in accordance with 
sec.18.3 of this title (relating to Application Procedures); and 
(B) submitted the supporting documents evidencing completion of the required 
internship, coursework, and/or approved degree, as specified under this section. 

sec.18.6. Administrators-in-Training.
(a) Purpose. The purpose of this section is to set out the internship and/or 
practicum(s) requirements for examination and licensure as a nursing facility 
administrator. 
(b) General. Internships will be a minimum of six months in length and 1,000 
hours served under the auspices of a board-approved preceptor or through a 
board-approved college program. 
(1) An applicant may train for a minimum of one hour per day, maximum 40 hours 
per week. 
(2) The internship must be conducted in a minimum 60-bed or larger licensed 
facility. 
(3) An Administrator-in-Training (AIT) may not act or sign as the administrator 
in any way. 
(c) Preceptor qualifications and responsibilities. 
(1) All applicants for preceptor approval must have an active license in good 
standing. 
(2) An administrator desiring to obtain a preceptor approval certificate must 
have at least five year's experience as a nursing facility administrator, with 
the two most recent years in Texas. 
(3) A preceptor certificate will be issued to a qualified nursing facility 
administrator by the board upon completion of the board approved preceptor 
seminar. This certificate will be valid for two years from issuance date. 
(4) The procedure for denial of preceptor status is as follows. 
(A) The board may refuse to renew preceptor certificates or to approve 
preceptors for training AIT's if the preceptor has failed to provide proper 
training regarding former AIT's previously assigned to the preceptor. 
(B) Disciplinary action taken by the board against an administrator may be 
grounds for refusal to grant a preceptor's certificate. 
(5) Special permission from the board will be required before the supervision 
and training of more than two AIT's by one preceptor. 
(6) A preceptor shall be responsible for the training of the AIT. The preceptor 
must ensure that all training provided is in compliance with this chapter, and 
the Act. 
(7) The certified preceptor must submit a written notification of termination or 
completion of internship to the board within ten days of when training has 
ceased. The board notification of termination or completion shall include: 
(A) the name, license number, signature of the preceptor, and the name of the 
AIT; 
(B) the reason for termination; 
(C) the date of termination of training; and 
(D) a statement indicating whether the preceptor and the AIT have complied with 
the requirements of this section, in accordance with sec.18.3(c) of this title 
(relating to Application Procedures). 

sec.18.7. Successful Completion of Examination.
(a) Examination notice. The board shall send an examination notice to each 
applicant and Administrator-in-Training who has satisfactorily fulfilled all 
requirements for licensure. 
(b) Issuance of license. Upon successfully passing the required exam(s), and 
after receiving the required licensure fee, the board shall issue a license 
which is effective for two years from the postmark date, if legible, or the date 
the board receives the fee with the required form(s). 
(c) Temporary license. Temporary licenses will not be issued. 
(d) Duplicate license. The board will replace a lost, damaged, or destroyed 
license certificate upon written request from the licensed nursing facility 
administrator and payment of the duplicate fee. Request for duplicate licenses 
must be made on agency form and notarized accordingly. 

sec.18.8. Provisional License by Endorsement.
(a) A provisional license may be granted to a person who: 
(1) is licensed or otherwise registered as a nursing facility administrator by 
another state or other jurisdiction whose requirements for licensure or 
registration, are substantially equivalent to the requirements set out in the 
Act and in this chapter; and 
(2) has successfully passed the National Association of Boards of Examiners for 
Nursing Home Administrators, Inc., relating to nursing facility administration 
or a comparable examination criteria approved by the board; and 
(3) is sponsored by a licensed nursing facility administrator in Texas with whom 
the provisional license holder will practice under this chapter. 
(b) The board may waive the requirement set out in subsection (a)(3) of this 
section if it is determined that compliance with subsection (a)(3) of this 
section would cause hardship to the applicant. 
(c) The board shall issue a license to a holder of a provisional license if the 
provisional license holder passes the Texas State Standards Examination required 
by sec.18.7 of this title (relating to Successful Completion of Examination). 
(d) The board shall complete the processing of a provisional license holder's 
application for licensure within 180 days after the provisional license is 
issued. The board may extend the 180-day deadline pending receipt of examination 
results. 
(e) The expiration date of a provisional license will be ascertained 180 days 
from the issuance date, and may be extended with approval of the board. 

sec.18.9. License Renewal and Inactive Status. 
(a) Purpose. The purpose of this section is to set out rules governing licensure 
renewal and inactive status of a licensed nursing facility administrator. 
(b) General. 
(1) A licensed administrator must renew his or her license every two years 
(biennially). 
(2) Each licensed administrator is responsible for renewing licensure and paying 
the renewal fee as set out in sec.18.2(i) of this title (relating to the Board) 
on or before the expiration date. 
(3) No administrator shall be exempt from paying the late renewal fee after the 
expiration date of the license. 
(4) The board shall deny the renewal of a license of an administrator who is in 
violation of the Act or this chapter at the time of the application for renewal. 
(5) A licensed administrator must have fulfilled the continuing education 
requirements prescribed by sec.18.10 of this title (relating to Continuing 
Education Requirements) in order to renew licensure.
(6) The deadlines established for renewals, and late renewal fees in this 
section are based on the postmark date of the documentation submitted by the 
licensee, if legible. If not, the "date received" by this agency shall be the 
date considered in determining whether deadlines have been met. 
(7) A licensed administrator whose license is not renewed due to failure to meet 
all requirements for licensure renewal shall return his or her license 
certificate to the board and shall not misrepresent himself or herself as a 
licensed administrator in any manner. 
(c) License renewal. 
(1) At least 30 days prior to the expiration of a regular license, the board 
will send notice to a licensee that includes the expiration date of the license, 
a schedule of the renewal and late fees, and the number of hours needed to 
complete any continuing education hours. 
(2) The license renewal form shall require the licensee to provide current 
information, such as, continuing education completed, and the current mailing 
address and daytime phone number of the licensee. 
(3) The board shall not consider a license to be renewed until it has received 
the completed renewal form, required fee, and documentation of applicable and 
sufficient continuing education. 
(4) The biennial renewal date of a license shall be the last day of the 
licensee's birth month. 
(5) The board shall issue a renewal card to a licensee who has met all the 
requirements for renewal before license expiration. 
(6) The license of a person who makes a timely request for his or her license 
renewal does not expire until the application for renewal is finally determined 
by the board. In case the application is denied or the terms of the new license 
are limited, the prior license remains valid until the last day for seeking 
review of the board's order or a later date fixed by the order. 
(7) The board will not process the licensure renewal of a licensee who is a 
party to formal license disciplinary proceedings, until such proceedings has 
been concluded. A disciplinary proceeding commences when the notice described in 
sec.18.11(b) of this title (relating to Adverse Licensure Actions) is mailed by 
the board. 
(A) A licensee whose license is not revoked or suspended as a result of 
disciplinary proceedings shall be renewed provided that all other requirements 
are met. 
(B) In the case of delay in the licensure renewal process because of formal 
disciplinary proceedings, late renewal penalty fees shall not apply. 
(8) The board is not responsible for lost, misdirected, or undelivered 
correspondence if sent to the last address reported to board. 
(9) The board shall deny renewal if required by the Education Code, sec.57.491, 
concerning defaults on guaranteed student loans. 
(d) Late renewal. 
(1) A person who renews a license after the expiration date but on or within 90 
days after the expiration date shall pay the renewal fee plus one-half the 
examination fee set out in sec.18.2(i) of this title. If a license has been 
expired for 90 days but less than one year, renewal of the license may be 
accomplished by paying to the board the renewal fee and a fee that is equal to 
the examination fee for licensure. 
(2) A person, whose license was not renewed within one year of the expiration 
date, may obtain a new license by submitting to re-examination and complying 
with the requirements and procedures for obtaining an original license set out 
in this chapter. 
(3) The board may renew without re-examination an expired license of a person 
who was licensed in this state, then moved to another state, and is currently 
licensed and has been in practice in the other state for two years preceding 
application for renewal. That person must pay to the board a fee that is equal 
to the examination fee for the license. 
(e) Inactive status. If a licensee wishes to be placed on inactive status, the 
request must be submitted on the required agency form on or before the 
expiration date. A licensee may only request to be placed on inactive status for 
two renewal periods. A licensee must reactivate his or her license on or before 
the expiration date, and must: 
(1) pay the renewal fee as stated in sec.18.2(h) of this title (relating to the 
Board); 
(2) complete required continuing education; 
(3) take and pass the Texas State Standards Exam; and 
(4) renew within the current inactive license period. 
(f) Surrender of license. 
(1) Surrender of license. A licensee may at any time voluntarily offer to 
surrender his or her license for any reason. 
(2) Acceptance by the board. 
(A) The board shall decide whether to formally accept the voluntary surrender of 
a license. 
(B) Surrender of a license without the acceptance of the board, or a licensee's 
failure to renew the license shall not deprive the board of jurisdiction against 
the licensee under this Act or any other statute. 
(3) Formal disciplinary action. When a licensee has offered the surrender of his 
or her license after a complaint has been filed alleging violations of the Act 
or this chapter, and the board has accepted such a surrender, that surrender is 
deemed to be the result of a formal disciplinary action. 
(4) Reinstatement. A license which has been surrendered and accepted may not be 
reinstated; however, a person may apply for a new license within five years 
after the date of the acceptance of the surrender of the license in accordance 
with the Act and this chapter. 

sec.18.10. Continuing Education Requirements. 
(a) Purpose. The purpose of this section is to establish the continuing 
education requirements for the renewal of licensure which a licensed nursing 
facility administrator must complete biennially. These requirements are intended 
to maintain and improve the quality of professional services in nursing facility 
administration provided to the resident and public and keep the licensed nursing 
facility administrator knowledgeable of current research, techniques, and 
practice and to provide other resources which will improve skill and competence 
in nursing facility administration. Continuing education hours must be relevant 
to nursing facility administration. All licensees are required to complete 
during each licensure period continuing education of an amount and type 
designated and approved by the board. 
(b) Required continuing education hours. 
(1) A licensee shall complete a minimum of 40 clock hours of continuing 
education every two years in the following categories: 
(A) six hours in regulatory changes; 
(B) six hours in management theory; 
(C) six hours in ethics; 
(D) six additional hours in any of the approved courses listed in subparagraphs 
(A)-(C) of this paragraph; 
(E) 16 hours (maximum) of alternative education offerings in any related field 
or approved category; these include college credit, precepting of an 
Administrator-in-Training, audio/visual offerings, home study, and other 
approved continuing education courses; and 
(F) no more than one-half of the required continuing education requirements may 
be obtained from the precepting of an Administrator-in-Training (AIT). 
(2) Deadlines. Continuing education requirements for renewal shall begin on the 
first day of a licensee's renewal period and end on the last day of the 
licensee's renewal period. (c) Hour requirements for continuing education. Both 
half-hour (30 minutes) and one-hour (60 minutes) increments of attendance and 
participation in an approved continuing education experience are acceptable. 
Continuing education experiences acceptable to the board are set forth in 
subsection (e) of this section. 
(d) Types of acceptable continuing education. Continuing education undertaken by 
a licensee shall be acceptable if the experience falls in one or more of the 
following categories: 
(1) with prior approval, participation in those sections of programs (e.g., 
institutes, seminars, workshops, and conferences) which employ didactic and 
experiential methods to increase skill and competence in nursing facility 
administration by persons who hold licensure granted by the board or an 
equivalent nursing facility administrator board in another state; 
(2) participation in those sections of programs (e.g., institutes, seminars, 
workshops, and conferences) which are designed to increase professional 
knowledge related to the practice of licensed nursing facility administration 
and are conducted by persons qualified within their respective professions; 
(3) attendance at seminars and/or workshops which have received prior approval 
from the board. Credit will be awarded as approved by the board; 
(4) completion of the training of an AIT. Credit will be awarded only to the 
preceptor of record; 
(5) instruction of courses in subject areas outlined in subsection (b) of this 
section in an institution of higher education. Any person who instructs approved 
seminars and/or workshop or instructs in programs given by the board shall 
receive the same credit as participants in the program. Credit will be given 
only one time per renewal period for same subject matter; and 
(6) completion of academic courses in areas supporting development of skill and 
competence in nursing facility administration at an accredited college or 
university. 
(e) Phase in period. Nursing facility administrators shall be permitted license 
renewal until December 1996 by accomplishing a minimum of 24 contact hours of 
which six shall be in Texas regulatory changes, and six shall be in management 
theory, and 12 hours shall be in any approved subject relating to nursing home 
administration. 
(f) Approval of programs. Criteria for approval of programs is based on: 
(1) relevance of the subject matter to increase or support the development of 
skill and competence in nursing facility administration or in areas of study or 
disciplines related to nursing facility administration; 
(2) objectives of specific information and skills to be learned; 
(3) subject matter, educational methods, materials and facilities utilized 
including the frequency and duration of the sessions and the adequacy to 
implement learner objectives; and 
(4) evidence of attendance of approved programs will be in accordance with 
sec.18.9 of this title (relating to License Renewal and Inactive Status). 
(g) Determination of clock hour credits. The board shall credit continuing 
education. On a one-for-one basis with one clock hour credit for each clock-hour 
spent in an approved continuing education activity. 
(h) Submittal of continuing education. 
(1) Continuing education units of no less 40 hours must be reported by the 
licensee on or before the date of the expiration of the license, or within the 
90-day grace period. These hours shall be reported on forms provided by the 
board. These individual lists will be matched against sign-in sheets submitted 
by the board approved continuing education sponsors. The board shall conduct a 
random audit requesting documentation of continuing education. Individual 
continuing education certificates of attendance shall not be submitted unless 
the licensee is requested to do so by the board. Failure to provide evidence of 
completion of continuing education by a licensee is subject to non-renewal and 
grounds for disciplinary action. 
(2) In the event a nursing facility administrator moves out of state, the 
license may be maintained through submission of proof of required continuing 
education and payment of the required fee(s). 
(i) Records. Continuing education records shall be kept as follows. 
(1) Provider. 
(A) Records of programs shall be kept by the approved sponsor for a minimum of 
five years from the date of completion. 
(B) Records shall include target audience, program planning materials, content, 
objectives, outline of instructor qualifications, teaching methods and 
materials, evaluation tools and summary, alphabetical listing of participants, 
Texas nursing facility license number. 
(C) The provider shall furnish each participant a record of attendance 
specifying the provider, title, date, location of the program, number of contact 
hours, and organization granting approval, if applicable. This record shall be 
kept by the nursing facility administrator for a minimum of four years from the 
date of completion. 
(2) Licensee. The nursing facility administrator licensee shall retain records 
of continuing education hours earned for a minimum of four years from the date 
of completion. 

sec.18.15. Default Orders.
(a) If a right to a hearing under sec.18.17 of this title (relating to Formal 
Hearing Procedures) is waived, the board shall enter an order taking 
disciplinary action to the same or lesser extent as set out in the written 
notice to the licensee. 
(b) The licensee and the complainant shall be notified of the date, time, and 
place of the board meeting at which the default order will be considered. 
Attendance is voluntary. All or part of the documents in the files of the board 
may be considered by the board as prima facie evidence of the commission of acts 
or violations alleged against the licensee. 
(c) Upon an affirmative majority vote, the board shall enter an order imposing 
appropriate action. 

sec.18.16. Criteria for Licensing of Persons with Criminal Backgrounds. 
(a) Purpose. The purpose of this section is to establish guidelines and criteria 
on the eligibility of persons with criminal backgrounds to obtain licenses as 
administrators. 
(b) Criminal conviction. The board shall consider a conviction of a nursing 
facility administrator for a felony or misdemeanor involving moral turpitude as 
possible grounds for the suspension or revocation of the nursing facility 
administrator's license and shall review the conviction. 
(1) The board may suspend or revoke an existing license, disqualify a person 
from receiving or renewing a license, or deny a person the opportunity to be 
examined for a license because of a person's conviction of a felony or 
misdemeanor if the crime directly relates to the duties and responsibilities of 
a nursing facility administrator and if the crime involves moral turpitude. 
(2) In considering whether a criminal conviction directly relates to the duties 
and responsibilities of a nursing facility administrator, the board shall 
consider: 
(A) the nature and seriousness of the crime; 
(B) the relationship of the crime to the ability, capacity or fitness required 
to perform the duties and discharge the responsibilities of a nursing facility 
administration. If the felonies or misdemeanors are violations of federal law, 
law of another state, or law of another nation and are similar to those listed 
in clauses (i) and (ii) of this subparagraph then they are also possible grounds 
for suspending, probating, failing to renew, reprimand, or requiring additional 
continuing education. The following felonies and misdemeanors relate to the 
license of a nursing facility administrator because these criminal offenses 
indicate a possible inability or a tendency to be unable to perform adequately 
and responsibly as a nursing facility administrator: 
(i) the misdemeanor of knowingly or intentionally acting as a nursing facility 
administrator without a license; and 
(ii) a misdemeanor and/or a felony offense under the following chapters of the 
Texas Penal Code: 
(I) Title 5, which relates to offenses against the person similar to the types 
of crimes listed in subclauses (I)-(V) of this clause, they shall also be 
considered to relate to the duties and responsibilities of a nursing facility 
administrator; 
(II) Title 7, which relates to offenses against property; 
(III) Title 9, which relates to offenses against public order and decency; 
(IV) Title 10, which elates to offenses against public health, safety, and 
morals; and 
(V) Title 4, which relates to offenses of attempting or conspiring to commit any 
of the offenses in subclauses (I)-(IV) of this clause. 
(C) the extent to which a license might offer an opportunity to engage in 
further criminal activity of the same type as that in which the person had 
previously been involved; and 
(D) the relationship of the crime to the ability, capacity, or fitness required 
to perform the duties and discharge the responsibilities of a nursing facility 
administrator. In making this determination, the board will apply the criteria 
outlined in Texas Civil Statutes, Article 6252-13c, sec.4(c)(1)-(7). 
(3) The misdemeanors and felonies listed in paragraph (2)(B)(i) and (ii) of this 
subsection are not inclusive in that the board may consider other particular 
crimes. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on July 21, 1998.
TRD-9811475
Glenn Scott
General Counsel, Legal Services
Texas Department of Human Services
Proposed date of adoption: October 1, 1998
For further information, please call: (512) 438-3765

PART XX. Texas Workforce Commission
CHAPTER 815.Unemployment Insurance
40 TAC sec.815.8
The Texas Workforce Commission (Commission) proposes amendments to 
sec.815.8(a)(8), concerning the revocation of written authority to conduct 
business with the Commission on behalf of an employer. 
The purpose of the amendments is to allow a third party to revoke the written 
authority to conduct business with the Commission on behalf of an employer. 
Until the amendments are approved, only the employer can revoke the written 
authority. The proposed amendments provide that once an employer has given a 
third party written authority to conduct business with the Commission on their 
behalf, either the employer or the third party may revoke the written authority. 
Randy Townsend, Director of Finance, has determined that for each year of the 
first five years the amendments will be in effect the following statements will 
apply: 
There will be no fiscal implications for state or local government as a result 
of enforcing or administering the proposed rule; 
There are no additional estimated costs to the state and to local governments 
expected as a result of enforcing or administering the amendments; 
There are no estimated reductions in costs to the state and to local governments 
as a result of enforcing or administering the amendments; 
There are no estimated losses or increases in revenue to the state or to local 
governments as a result of enforcing or administering the amendments; 
There are no foreseeable implications relating to costs or revenue of the state 
or local government as a result of enforcing or administering the amendments; 
and 
The probable economic costs to persons required to comply with the rule 
amendments are estimated to be $2.50 per revocation form applied. However, the 
savings derived from the amendments to the rule will offset these costs. 
Randy Townsend has also determined the following. There is no anticipated 
adverse impact on employer small businesses as a result of enforcing or 
administering the amendments to sec.815.8(a)(8). The amendments to 
sec.815.8(a)(8) do not place any additional requirements on employer small 
businesses. The costs of compliance with the amendments to sec.815.8(a)(8) for 
employer small businesses are none. The costs of compliance with the amendments 
to sec.815.8(a)(8) for service agent small businesses are estimated at $2.50 per 
revocation based on approximately $10.00 per hour of labor and include the cost 
of completing and mailing the forms to the Commission. The costs of compliance 
for service agent small businesses and the costs of compliance for the largest 
service agent businesses affected by the amendments to sec.815.8(a)(8) are the 
same. The Commission cannot legally reduce the costs for small businesses. 
However, the Commission will provide employers and third parties with standard 
revocation forms at no cost to facilitate easier revocation. 
Avis M. O'Reilly, Tax Department, Status Program Administrator has determined 
that for each year of the first five years that the amendments will be in 
effect, the public benefits expected as a result of adoption of the proposed 
amendments to sec.815.8(a)(8) are that the rule change allows a third party with 
written authority to unilaterally revoke their authorization. Until now only the 
employer could revoke the authorization. The previous revocation requirement 
placed a burden on both the employer and the third party by requiring 
coordination between the parties. The amended rule will allow either party to 
revoke the authorization. This will save time and effort for both the employer 
and the third party. 
All official comments submitted to Ms. O'Reilly will be considered before the 
final rule amendments are adopted. Comments on the proposed amendments may be 
submitted to Avis M. O'Reilly, Tax Department, Status Program Administrator, 
Texas Workforce Commission, 101 East 15th Street, Room 570, Austin, Texas 78778-
0001, 512/463-2712. Comments may also be submitted via fax to Avis M. O'Reilly 
at (512) 463-9111 or e-mail at Avis.Oreilly@twc.state.tx.us. 
The amendments to sec.815.8(a)(8) are proposed under Texas Labor Code, 
sec.301.061, which provides the Commission with the authority to adopt, amend or 
repeal such rules as it deems necessary for the effective administration of the 
Act. 
The proposed amendments to sec.815.8(a)(8) affect Texas Labor Code, Titles 2 and 
4, particularly Chapter 201 et. seq.. 

sec.815.8.Signatures on Reports and Forms.
(a) A report or form required by the commission shall, if signature is called 
for by the report or form or instructions relating thereto, be signed by: 
(1)-(7) (No change.) 
(8) any person who is authorized in writing [so]to sign for each individual or 
employing unit. 
(A) Such written authority shall be filed with the commission<nl>, shall be 
revocable by either party,<ol> and shall be in terms which explicitly authorize 
such attorney or agent to transact such business as between the grantor of said 
power and the commission. <nl>Such written authority shall be filed in a form 
prescribed by the commission.<ol>[(It may be filed on a form provided by the 
commission.)] 
(B) (No change.) 
(C) Such <nl>written authority <ol>[power of attorney] shall be in full force 
and effect until such time as it is revoked <nl> in a form prescribed by the 
commission<ol> [by an instrument of like dignity filed with the commission]. 
<nl>(D)<ol> <nl>The commission may reject any written authority that does not 
conform with this section. <ol>
(b) (No change.) 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on July 8, 1998.
TRD-9810810
J. Randel (Jerry) Hill
General Counsel
Texas Workforce Commission
Earliest possible date of adoption: August 23, 1998
For further information, please call: (512) 463-8812