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 4. AGRICULTURE
PART I. Texas Department of Agriculture
CHAPTER 30.Texas Agricultural Finance Authority: Young Farmer Loan Guarantee 
Program
SUBCHAPTER C.Interest Reduction Program Rules
4 TAC sec.sec.30.60-30.63
The Board of Directors of the Texas Agricultural Finance Authority (the 
Authority) of the Texas Department of Agriculture (the department) proposes new 
sec.sec.30.60-30.63, concerning the interest reduction program for the Young 
Farmer Loan Guarantee Program. The new sections are proposed to implement an 
interest reduction program for loans guaranteed under the Authority's Young 
Farmer Loan Guarantee Program, as authorized by the Texas Agriculture Code, 
sec.253.002(e). The new sections establish requirements and procedures for 
participation in the interest reduction program, including criteria for eligible 
participants, the rate and method of paying and to whom the interest reduction 
payment will be submitted, and criteria for borrower and lender participation in 
the program. 
Robert Kennedy, deputy assistant commissioner for finance and agribusiness 
development, has determined that for the first five-year period the new sections 
are in effect there will be minimal fiscal implications for state or local 
government as a result of enforcing or administering the sections. 
Mr. Kennedy also has determined that for each year of the first five years the 
new sections are in effect, the public benefit anticipated as a result of 
enforcing the sections will be increased efficiency and effectiveness of the 
loan program. There will be no effect on small or large businesses. There is no 
anticipated economic cost to persons who are required to comply with the 
sections as proposed. 
Comments on the proposal may be submitted to Robert Kennedy, Deputy Assistant 
Commissioner for Finance and Agribusiness Development, Texas Department of 
Agriculture, P. O. Box 12847, Austin, Texas 78711. Comments must be received no 
later than 30 days from the date of publication of the proposal in the Texas 
Register.
The new sections are proposed under the Texas Agriculture Code, 253.007(e), 
which provides that the Authority with the authority to adopt rules for 
implementation of an interest reduction program for loans guaranteed under the 
Young Farmer Loan Guarantee Program. 
Texas Agriculture Code, Chapter 253, is affected by the proposal. 

sec.30.60.Authority.
The Texas Agricultural Finance Authority is authorized by the Texas Agriculture 
Code (the Code), Chapters 58 and 253 to promulgate rules and procedures to 
establish the Young Farmer Loan Guarantee Program. Such rules, found in this 
chapter, include criteria by which financial assistance will be provided to 
eligible borrowers who are establishing their first farm or ranch operation. The 
Code, at sec.253.002, further provides for the Authority to establish an 
interest reduction program in which a payment from the Account may be provided 
to an approved applicant for a reduction in the amount of interest paid.

sec.30.61.Purpose and Application of Rules.
The purpose of this subchapter is to provide for the administration and payment 
from the Account of an interest reduction to an approved applicant under the 
Young Farmer Loan Guarantee Program. Existing participants in the Program are 
not automatically eligible to participate in the interest reduction program. To 
participate, an applicant must have been approved under the Program after 
September 1, 1997 and must meet the criteria stated in sec.30.63 of this title 
(relating to Interest Reduction Program Requirements and Procedures).

sec.30.62.Definitions.
The following words and terms, when used in this subchapter, shall have the 
following meanings, unless the context clearly indicates otherwise.
Account - The young farmer loan guarantee account in the general revenue fund of 
the state of Texas. 

sec.30.63.Interest Reduction Program Requirements and Procedures.
(a) The interest rate charged by a lender to an approved applicant under the 
interest reduction program shall be set at the date of closing at no more than 
low Wall Street Journal prime plus three percent for the term of the guarantee 
provided by the Authority. 
(b) The interest reduction payment to an approved applicant shall be equal to 
three percent divided by the interest rate charged on the guaranteed loan times 
the guarantee percentage provided by the Authority on the loan (with the 
guaranteed percentage calculation rounded down to the nearest hundredth of a 
percent) times the actual interest paid to lender by the approved applicant. 
(c) The interest reduction payment will be provided to the approved applicant 
only for the term and amount of the guarantee commitment provided by the 
Authority. 
(d) An applicant and lender must meet and agree to all the criteria for the 
Program found in Subchapter A of this chapter (relating to Young Farmer Loan 
Guarantee Program General Procedures). 
(e) For loans not yet approved by the Authority, the applicant and lender must 
indicate on the Program application form their desire to participate in the 
interest reduction program and must execute an agreement of such participation. 
For an existing, eligible loan, the applicant and lender must submit a written 
request for participation in the interest reduction program and execute a 
participation agreement. The agreement, provided by the Authority and which is 
separate and apart from the loan guarantee agreement for the Program, will 
provide the general terms and conditions of the guarantee commitment and the 
terms and conditions of the interest reduction payment. 
(f) The participating lender must agree to provide the necessary information to 
the approved applicant to verify the interest payment on the guaranteed loan. 
(g) The approved applicant must provide proper documentation to the Authority 
for verification of the interest payments to lender. 
(h) Verification of interest payment(s) shall be by the submission of one or 
more of the following to the Authority: 
(1) A payment remittance advice from lender that identifies the amount of the 
interest paid by the approved applicant on the guaranteed loan; 
(2) A copy of lender's transaction history for the loan identifying the 
application of the payment; or 
(3) Any other documentation required by the Authority that verifies the 
calculation of the total interest paid by the approved applicant on the 
guaranteed loan. 
(i) The Authority will notify the approved applicant in writing if the 
verification documentation is deemed insufficient for processing.
(j) Within 30-days of receipt of proper verification documentation, the 
Authority will prepare and present documentation to the state comptroller's 
office for issuance of a voucher from the Account. 
(k) The Authority will file appropriate federal tax statements each year as 
required by the Federal Tax Code. 
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 September 9, 1998.
TRD-9814311
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: October 25, 1998
For further information, please call: (512) 463-7541

TITLE 10. COMMUNITY DEVELOPMENT
PART V. Texas Department of Economic Development
CHAPTER 195.Memoranda of Understanding
10 TAC sec.sec.195.1-195.14
(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 Economic Development or in the Texas Register office, Room 245, 
James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Department of Economic Development (Department) proposes the repeal of 
Chapter 195, sec.sec.195.1-195.14, in its entirety, concerning Memoranda of 
Understanding with the Texas Education Agency, Higher Education Coordinating 
Board, Texas Department of Human Services, Alternative Fuels Council, Texas 
Department of Housing and Community Affairs, Texas Parks and Wildlife 
Department, General Services Commission, Texas Department of Agriculture, Texas 
Historical Commission, Texas Employment Commission, Comptroller of Public 
Accounts, Texas General Land Office, Texas Department of Transportation and 
Texas Parks and Wildlife Department, and the Texas Natural Resource Conservation 
Commission. The repeal is necessary to accurately reflect current law and to 
allow the adoption of new rules. Senate Bill 932 of the 75th Legislature, which 
abolished the Texas Department of Commerce and created the Texas Department of 
Economic Development, also amended Government Code, sec.481.028(b), which 
applies to Memoranda of Understanding with various state agencies.
Robin Abbott, General Counsel, has determined that for each year of the first 
five-year period the section is in effect there will be no fiscal implications 
to state or local governments as a result of the repeal of the rules. No cost to 
either government or the public will result from the repeal of the rules. There 
will be no impact on small businesses. No economic cost is anticipated to 
persons as a result of the repeal of Chapter 195. 
Ms. Abbott has also 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 
rules will be the increased coordination and communication between the 
Department and other agencies involved with economic development with regard to 
program planning and budgeting. Reduced costs may result from the increased 
cooperation and communication since duplication of programs and services can be 
avoided. No economic costs are anticipated to persons who are required to comply 
with the proposed repeal. 
Written comments on the proposed repeal should be submitted, within thirty days 
of publication of the proposed repeal, to DeAnn Luper, Legal Assistant, Texas 
Department of Economic Development, 1700 N. Congress, Suite 130, Austin, Texas 
78701, for hand-deliveries, P.O. Box 12728, Austin, Texas 78711-2728, for US 
Mail, and (512) 936-0415 for Facsimiles. 
The repeal of Chapter 195 is proposed under the authority of Texas Government 
Code, sec.481.0044(a) which gives the Department the authority to adopt rules to 
carry out its responsibilities; Texas Government Code, sec.481.028(d) which 
directs that the Memoranda of Understanding be adopted as rules of the agencies; 
and Texas Government Code, Chapter 2001, Subchapter B which prescribes the 
standards for rulemaking by state agencies. 
Section 481.028 is affected by the proposed repeal. 
sec.195.1.Memoranda of Understanding with the Texas Education Agency.
sec.195.2.Memoranda of Understanding with the Higher Education Coordinating 
Board.
sec.195.3.Memoranda of Understanding with the Texas Department of Human 
Services.
sec.195.4.Memoranda of Understanding with the Alternative Fuels Council.
sec.195.5.Memoranda of Understanding with the Texas Department of Housing and 
Community Affairs.
sec.195.6.Memoranda of Understanding with the Texas Parks and Wildlife 
Department.
sec.195.7.Memoranda of Understanding with the General Services Commission.
sec.195.8.Memoranda of Understanding with the Texas Department of Agriculture.
sec.195.9.Memoranda of Understanding with the Texas Historical Commission.
sec.195.10.Memoranda of Understanding with the Texas Employment Commission.
sec.195.11.Memoranda of Understanding with the Comptroller of Public Accounts.
sec.195.12.Memoranda of Understanding with the Texas General Land Office.
sec.195.13.Memoranda of Understanding with the Texas Department of 
Transportation and the Texas Parks and Wildlife Department.
sec.195.14.Memoranda of Understanding with the Texas Natural Resource 
Conservation Commission.
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 September 10, 1998.
TRD-9814353
Gary Rosenquest
Chief Administrative Officer
Texas Department of Economic Development
Earliest possible date of adoption: October 25, 1998
For further information, please call: (512) 936-0181

10 TAC sec.sec.195.1-195.10
The Department proposes new Chapter 195. Sections 195.1-195.10, concerning 
Memoranda of Understanding with the Department of Agriculture, Texas Workforce 
Commission, General Land Office, Texas Department of Housing and Community 
Affairs, Comptroller of Public Accounts, Texas Department of Transportation, 
Parks and Wildlife Department, Texas Natural Resource Conservation Commission, 
Texas Historical Commission, General Services Commission, Alternative Fuels 
Council, and Texas Agricultural Finance Authority. Texas Government Code, 
sec.481.028, requires that the Department enter into a memoranda of 
understanding with other state agencies involved in economic development to 
cooperate in planning and budgeting. Texas Government Code, sec.481.028, further 
directs that the Memoranda of Understanding be adopted as rules of the agencies. 
Robin Abbott, General Counsel for the Department, has determined that for each 
year of the first five-year period the rules are in effect there will be fiscal 
implications for state government as a result of enforcing or administering the 
rules. The Department cannot quantify the exact cost to the state which will be 
associated with the increased cooperation in planning and budgeting since it 
depends upon the extent of specific agreements between the agencies. The 
Department anticipates the costs of the proposed rules will be more than offset 
by the public benefit that will occur from the increased cooperation between 
agencies with responsibility for economic development in Texas.
Ms. Abbott has determined that there will be no effect on local government as a 
result of enforcing the proposed rules. She has also determined that there will 
be no significant economic impact on local economies or overall employment as a 
result of administering the proposed rules.
Ms. Abbott has also 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 will be the increased coordination and communication between the 
Department and other agencies involved with economic development with regard to 
program planning and budgeting. Reduced costs may result from the increased 
cooperation and communication since duplication of programs and services can be 
avoided. No economic costs are anticipated to persons who are required to comply 
with the proposed rules. 
Written comments on the proposed rules should be submitted, within 30 days of 
publication of the proposed rules, to DeAnn Luper, Legal Assistant, Texas 
Department of Economic Development, 1700 N. Congress, Suite 130, Austin, Texas 
78701, for hand-deliveries, P. O. Box 12728, Austin, Texas 78711-2728, for US 
Mail, and (512) 936-0415 for Facsimiles. 
Sections 195.1-195.10 are proposed under the authority of Texas Government Code, 
sec.481.0044(a) which gives the Department the authority to adopt rules to carry 
out its responsibilities; Texas Government Code, sec.481.028(d) which directs 
that the Memoranda of Understanding be adopted as rules of the agencies; and 
Texas Government Code, Chapter 2001, Subchapter B which prescribes the standards 
for rulemaking by state agencies. 
Section 481.028 is affected by the proposed rules. 

sec.195.1.Memoranda of Understanding with the Texas Department of Agriculture 
and the Texas Agricultural Finance Authority.
(a) Purpose. The purpose of this memorandum of understanding is to meet the 
legislative mandates pursuant to Texas Government Code sec.sec.481.028(b)(1) and 
481.029(b)(12) relating to increasing the cooperation, coordination and sharing 
of economic development responsibilities between the Texas Department of 
Agriculture (TDA), the Texas Agricultural Finance Authority (TAFA), and the 
Texas Department of Economic Development (TDED). Section 481.028(b)(1) requires 
a memorandum of understanding between the Texas Department of Agriculture and 
the Texas Department of Economic Development regarding the respective agencies' 
international marketing and business finance programs. Section 418.028 (b)(12) 
requires a memorandum of understanding between the Texas Agriculture Finance 
Authority and the Texas Department of Economic Development regarding the 
marketing of the TAFA programs. 
(b) Mutual Responsibilities. To efficiently serve the citizens of Texas and 
promote economic growth in the agricultural industry, the agencies involved in 
this memorandum agree to cooperate in the following areas. The Texas Department 
of Agriculture will coordinate international marketing and business development 
programs involved in livestock, food, fiber, horticulture, forestry and other 
related agricultural industries in order to utilize the best available 
expertise. The Texas Department of Economic Development will forward appropriate 
requests for assistance in these areas to TDA for lead facilitation. TDA will 
engage the assistance of the Texas Department of Economic Development where 
applicable. The Texas Agricultural Finance Authority, with the administrative 
assistance of the Texas Department of Agriculture, will administer its finance 
programs involving agriculture, horticulture, and related industries so as to 
best utilize the expertise of the agency. The Texas Department of Economic 
Development will forward all requests for assistance in these areas to TDA 
and/or TAFA for business development assistance. Neither the Texas Department of 
Agriculture nor the Texas Agricultural Finance Authority will duplicate the 
current fee-based services of the Texas Department of Economic Development. 
These services include but are not limited to loan packaging, feasibility 
studies or credit analysis. TDA and TAFA will perform credit analysis as it 
relates to projects seeking participation in any of the programs administered by 
TAFA. TDED will coordinate with TDA on any loan packaging or feasibility studies 
relating to agriculture but not specifically using TDA or TAFA programs. The 
Texas Department of Economic Development will cooperate and assist in marketing 
and promoting the finance programs administered by the Texas Agricultural 
Finance Authority. TDED will also coordinate all regional economic planning for 
the state and will include TDA and TAFA where applicable. The Texas Department 
of Economic Development will coordinate all non-agricultural business 
development, marketing and finance activities, so as to best utilize the 
agency's expertise. The Texas Department of Agriculture, the Texas Agricultural 
Finance Authority and the Texas Department of Economic Development will 
cooperate to foster economic development in Texas. 
(c) Term. This Memorandum of Understanding, which is effective upon execution by 
the representatives of each agency, shall terminate August 31, 1999 unless 
extended by mutual agreement of the parties.

sec.195.2.Memorandum of Understanding with the Texas Workforce Commission.
(a) Purpose. Pursuant to Texas Government Code sec.481.028, the Texas Department 
of Economic Development and the Texas Workforce Commission enter into this 
Memorandum of Understanding, under which they agree to cooperate in program 
planning and budgeting regarding the skills development fund, and the 
dissemination of employment-related data, statistics, and analyses, and the use 
of field offices to distribute information of interest to businesses and 
communities in the state, including applications for Smart Jobs grants. 
(b) Mutual Responsibilities. To serve the citizens of Texas in an efficient and 
fiscally responsible way, the parties agree that they will: cooperate on 
regional planning in accordance with legislation and share information regarding 
workforce training grants and marketing efforts; cooperate in the distribution 
of information relating to the Smart Jobs Fund through municipal and county 
offices of economic development, Local Workforce Development Boards, Chambers of 
Commerce, and Economic Development Corporations; cooperate to encourage 
workforce and economic development and employment within Texas and share 
information of mutual interest; develop the agreements necessary to accomplish 
the activities set forth in this Memorandum of Understanding. 
(c) Term. This Memorandum of Understanding shall terminate on August 31, 2001 
unless extended by the mutual agreement of the parties.

sec.195.3.Memorandum of Understanding with the Texas General Land Office.
(a) Purpose. Pursuant to Texas Government Code sec.481.028, the Texas Department 
of Economic Development and the Texas General Land Office enter into this 
Memorandum of Understanding, under which they agree to cooperate in program 
planning and budgeting relating to rural economic development. 
(b) Mutual Responsibilities. To serve the citizens of Texas in an efficient and 
fiscally responsible way, the parties agree that they will: cooperate on 
regional planning within Texas; coordinate the rural economic development 
programs provided by each agency; share information of mutual interest; develop 
the agreements necessary to accomplish the activities set forth in this 
Memorandum of Understanding; and cooperate to encourage economic development 
within rural areas of Texas. 
(c) Term. This Memorandum of Understanding, which is effective upon execution by 
representatives of each agency, shall terminate on August 31, 2001 unless 
extended by the mutual agreement of the parties. 

sec.195.4.Memorandum of Understanding with the Texas Department of Housing and 
Community Affairs.
(a) Purpose. Pursuant to Texas Government Code sec.481.028, the Texas Department 
of Economic Development and the Texas Department of Housing and Community 
Affairs enter into this Memorandum of Understanding, under which they agree to 
cooperate in program planning and budgeting relating to their community 
development programs. 
(b) Mutual Responsibilities. To serve the citizens of Texas in an efficient and 
fiscally responsible way, the parties agree that they will: cooperate on 
regional planning within Texas; cooperate in developing and implementing 
community development programs; cooperate to encourage economic and community 
development in Texas; share information of mutual interest; and develop the 
agreements necessary to accomplish the activities set forth in this Memorandum 
of Understanding. 
(c) Term. This Memorandum of Understanding, which is effective upon execution by 
representatives of each agency, shall terminate on August 31, 2001 unless 
extended by the mutual agreement of the parties. 

sec.195.5. Memorandum of Understanding Between the Texas Department of Economic 
Development and the Comptroller of Public Accounts.
(a) Purpose. Pursuant to Texas Government Code sec.481.028, the Texas Department 
of Economic Development (Department) and the Comptroller of Public Accounts 
(CPA) enter into this Memorandum of Understanding, under which they agree to 
cooperate in program planning and budgeting relating to the dissemination of 
economic data, statistics, and analyses and the use of field offices to 
distribute information to businesses and local communities in the state. 
(b) Mutual Responsibilities. To serve the citizens of Texas in an efficient and 
fiscally responsible way, the parties agree that they will: cooperate in program 
planning and budgeting relating to the dissemination of economic data, 
statistics, and analyses and the use of field offices to distribute information 
to businesses and local communities in the state; share information of mutual 
interest; develop the agreements necessary to accomplish the activities set 
forth in this Memorandum of Understanding. 
(c) Term. This Memorandum of Understanding, which is effective upon execution by 
representatives of each agency, shall terminate on August 31, 1999 unless 
extended by the mutual agreement of the parties.

sec.195.6.Memorandum of Understanding with the Texas Department of 
Transportation and the Texas Parks and Wildlife Department.
(a) Parties. Pursuant to Texas Government Code sec.481.028(5), this memorandum 
of understanding is made and entered into by and between the Texas Department of 
Economic Development (Department), the Texas Department of Transportation 
(TxDOT) and the Texas Parks and Wildlife Department (TPWD) to formalize their 
agreement to cooperate in marketing and promoting Texas as a travel destination 
and provide services to travelers. 
(b) Recitals. The Department, TxDOT and TPWD are the three major state agencies 
responsible for promoting travel and tourism in Texas. Texas Government Code 
sec.181.172 sets forth the responsibilities of the Department in promoting Texas 
as a tourist destination. Texas Government Code sec.181.172(5) and (6) direct 
that the Department cooperate with TxDOT and TPWD in tourism matters. Texas 
Government Code sec.181.122(b)(1) requires the Department to promote Texas as an 
attraction for tourism. Article 6144(e), Texas Civil Statutes (1995) authorizes 
TxDOT to publish such pamphlets, bulletins, maps and documents as it deems 
necessary to serve the motoring public and road users. Article 6144(e) requires 
TxDOT to maintain and operate Travel Information Bureaus at the principal 
gateways to Texas to provide road information, travel guidance and various 
descriptive materials designed to aid and assist the traveling public and to 
stimulate travel to and within Texas. Parks and Wildlife Code sec.sec.11.033(2), 
11.054(a)(1), 13.017(a) and 31.002 authorize TPWD to expend certain funds and 
provide certain information to the public relating to wildlife management, 
nongame and endangered species conservation, public parks and water safety. 
(c) Undertakings by each Party. The parties agree to cooperate on developing and 
promoting Texas as a premier travel destination in fourteen subject areas. The 
subject areas and each agency's responsibilities are as follows: 
(1) Marketing. The Department, TxDOT and TPWD will form a tri-agency marketing 
group that will develop guidelines and policies to encourage the use of a 
unified travel and tourism marketing theme for the state. The current theme is 
"Texas. It's Like a Whole Other Country." The tri-agency marketing group will be 
comprised of the Executive Directors of the three agencies or their designees. 
Other staff members from the three agencies may be brought into the meetings of 
the tri-agency marketing group to provide expertise on certain issues. These 
other staff members, however, will not have decision-making authority. The tri-
agency marketing group will meet quarterly. Decisions of the tri-agency 
marketing group will be made by consensus. The mission of the tri-agency 
marketing group will be to guide and coordinate the statewide travel-related 
advertisements, promotions, media relations and collateral pieces of the three 
agencies. The tri-agency marketing group will advise and make recommendations on 
the appropriate tone and message for the marketing efforts of the three 
agencies. Each agency will pay for its own marketing and promotional activities. 
Each agency will be responsible for ensuring that its statewide marketing, 
promotional, and informational materials use the consistent message developed 
and adhere to the guidelines established by the tri-agency marketing group. The 
Department owns the trademark to "Texas. It's Like a Whole Other Country." The 
Department will develop a licensing agreement with TxDOT and TPWD to allow them 
to use this trademarked theme. 
(2) Magazines. The magazine staffs of Texas Highways and Texas Parks & Wildlife 
and the media staff from the Department will meet at least twice a year to 
address opportunities that promise to enhance Texas travel and tourism through 
these two magazines. Information of mutual interest and opportunities for 
sharing resources will be included in these meetings. 
(3) Ancillary Products. TPWD currently offers a variety of Texas-specific 
ancillary products through a catalog. TxDOT and the Department are investigating 
the production of ancillary products. The Department, TxDOT, and TPWD will 
explore producing one Texas state catalog of consumer ancillary merchandise. The 
tri-agency marketing group will recommend methods to ensure the agencies share 
appropriate revenues and costs from the catalog operations. In addition, the 
three agencies agree to investigate the expansion of sales outlets for the 
ancillary products from all three agencies. Each of the three agencies may 
continue to independently promote sales of its own merchandise. 
(4) TOURTEX 2000. TxDOT serves as the lead agency in developing and managing 
theTOURTEX 2000 electronic information system. TxDOT will operate and be 
responsible for the financial support of TOURTEX 2000. TxDOT will solicit 
partnerships for the system with local chambers of commerce, convention and 
visitors bureaus or city tourism offices. The Department will assist TxDOT in 
the development of a trade component for the system so that detailed information 
for tour operators and travel agents may be provided electronically. All three 
agencies agree to investigate additional methods of marketing and other 
potential outlets for the travel information. 
(5) Travel Information Centers. TxDOT will continue to operate and fund TxDOT's 
existing travel information centers. TxDOT will continue providing collateral 
materials and advice to city information centers in an effort to expand state 
traveler information throughout Texas. TPWD will consider using facilities at 
state parks as distribution points for travel information. The Department and 
TPWD will support the development of the travel information centers and may 
provide information to them when appropriate. 
(6) Photo Files. The Department, TxDOT and TPWD will establish a single photo 
library that will house a majority of images owned by the three agencies. This 
will be an ADA compatible "one stop shop" for public use. The photo library may 
be housed in one of the agency's existing libraries or in a separate location. 
The facility housing this collection should meet ANSI (American National 
Standards Institute) standards for storage and preservation of photographic 
materials. Each agency may retain some images specific to its marketing 
campaigns, magazines and promotions. In addition, each agency will retain its 
own historical or documentary photos pertaining to its mission and history. 
(7) Shows. The tri-agency marketing group will develop a comprehensive marketing 
plan for the three agencies' participation in various consumer and travel trade 
shows/initiatives. These shows may be in-state, out-of-state, or international. 
The tri-agency marketing group will decide upon the show schedule prior to 
fiscal year budget planning deadlines. Each of the three agencies may play a 
role in staffing the shows, depending upon each agency's focus and budget 
restrictions. Each agency will be responsible for its participation costs at 
such trade shows. The agencies will use a unified travel and tourism marketing 
theme in a manner appropriate for each show. Texas ancillary products and 
magazines may be promoted at these shows. The Department will be the prime Texas 
representative at out-of-state and international trade shows. TxDOT and TPWD may 
participate at other shows with collateral materials and staff where 
appropriate. 
(8) Research/Information Sharing. The three agencies will meet quarterly to 
discuss research workplans and projects to ensure that the State's research is 
comprehensive and appropriate to guide the marketing and promotional activities 
of the three agencies. The Department will take the lead in conducting and 
gathering Texas tourism research. TxDOT and TPWD may conduct other research 
independently. Each agency will pay for its own research or share costs as may 
be identified in the research workplans. The three agencies will distribute 
their new research publications, as they are completed and become available, to 
the other agencies. 
(9) Community Profiles. The Department maintains a computer database containing 
community profiles for use by communities seeking business prospects or funding 
from public and private sources. The Department will continue to develop this 
system and will provide TxDOT and TPWD access to it. 
(10) Community Education/Training. The Department will take the lead in 
organizing community training and education for tourism development. TxDOT and 
TPWD will assist in the organization and sponsorship of these community training 
sessions, together with other state, regional and local organizations. Training 
sessions may include nature tourism, hospitality training, development and 
funding techniques and the integration of existing training offered by TxDOT to 
its travel counselors. In addition, the Department will assist communities 
through development booklets, tip sheets and basic counseling/assistance over 
the telephone. TPWD will offer nature tourism outreach and assistance through 
various means. 
(11) Tourism Business Assistance. The Department will play a lead role in 
providing information and contacts to companies and individuals seeking to 
develop tourism-related properties and attractions. TxDOT and TPWD may provide 
expertise in this area when needed.
(12) 1-800 Numbers. The Department, TxDOT and TPWD each maintain toll-free 
telephone numbers for different purposes (advertising fulfillment, travel 
counseling and weather conditions, etc.). The three agencies will investigate 
the feasibility of combining some of these lines. In addition, the three 
agencies will form a team of individuals from the entities involved in the 
operation of the State's main 1-800 number (1-800-8888-TEX). This main 1-800 
line handles inquiries to the State's tourism advertising campaign. This team 
will work to ensure the efficient operation of the 1-800 number and coordinate 
activities between the 1-800 number and fulfillment operations. 
(13) Fulfillment Operation. Fulfillment refers to the act of responding to a 
request for consumer travel information. TxDOT serves as the lead agency in 
travel literature fulfillment. TxDOT will manage the State's main fulfillment 
operation, providing information to inquiries generated by the State's 
advertising and other marketing efforts. These inquiries may be from phone 
calls, coupons, tip-in cards or other means. The Department will provide TxDOT 
with quality inquiries from tip-in cards and the main 1-800 number line in a 
timely fashion for TxDOT to fulfill. The three agencies agree that the level of 
the State's advertising program has budget implications for each of the 
agencies. Because the volume of travel literature requests directly drives 
TxDOT's budget expenditure in production and fulfillment operations, the three 
agencies agree to make the best possible projections of annual fulfillments so 
that accurate budgets may be formulated. TxDOT will manage and pay for 
materials, postage and labor for the fulfillment of inquiries from the general 
public. The Department will manage and pay for postage and labor to fulfill 
inquiries generated from travel trade marketing efforts. TxDOT will pay only for 
TxDOT-produced travel literature for travel trade inquiries. As the lead 
fulfillment agency, TxDOT is responsible for the final accuracy and management 
of the master data file. Until all daily file corrections have been made, none 
of the three agencies will use the data for statistical or reporting purposes. 
Only correct and complete data entries will be loaded onto the TRAX database. 
This fulfillment operation agreement does not provide for any magazine or 
ancillary products fulfillment operations. 
(14) Collateral Materials. TxDOT will provide a Travel Literature Unit to 
produce most travel- and tourism-related publications required by the 
Department, TxDOT and TPWD. This unit will be composed of TxDOT employees who 
will work directly with individuals from the three agencies to ensure that the 
pieces meet the needs of their intended audiences, are completed in a timely 
manner and fall within budget. The three agencies agree that TxDOT's Travel 
Literature Unit must be kept informed about budgeted publications of all three 
agencies early enough to incorporate resource needs. A means of timely and 
accurate communication of this information will be established by the tri-agency 
marketing group. Examples of tasks performed by the TxDOT unit include: writing 
specifications for contracting outside services, setting deadlines, editing, 
designing, and overseeing quality control of the publications. Advertising sales 
will remain with each respective agency. The tri-agency marketing group will 
provide general guidance towards maintaining consistency among all Texas travel 
publications, while allowing for differentiated attributes necessary for 
individual pieces to meet their intended purposes. The tri-agency marketing 
group will recommend appropriate methods to ensure equitable agency 
contributions to TxDOT of the costs of shared resources and indirect costs of 
each agency's own publications. The tri-agency group also will resolve any 
problems concerning the application of available resources and completion dates 
for various publication projects. Each agency reserves the right to produce its 
own collateral materials when desired or appropriate. 
(d) Term. This MOU, which is effective upon execution by representatives of each 
agency, shall terminate on August 31, 1999 unless terminated earlier pursuant to 
Section V or unless extended by the mutual agreement of the parties. 
(e) Termination. Any of the three agencies shall have the right, in such 
agency's sole discretion, and at such agency's sole option, to terminate and 
bring to an end all performances to be rendered under this agreement, such 
termination to be effective 60 days after receipt of written notification by the 
other parties. 
(f) Amendments and Changes. Any alteration, addition, or deletion to the terms 
of this agreement shall be by amendment hereto in writing and executed by all 
three parties, except as may be expressly provided for in some manner by the 
terms of this agreement. 
(g) Adoption as Rule. Each agency shall adopt this MOU as a rule in compliance 
with sec.481.028, Texas Government Code. 
(h) Compliance with Laws and Budgetary Constraints. The obligations of the 
parties in carrying out the provisions of this MOU are subject to the statutory 
authority of each agency, all other applicable laws and the appropriations 
available to each agency to accomplish the purposes set forth herein.

sec.195.7.Memorandum of Understanding with the Texas Natural Resource 
Conservation Commission.
(a) Need for Agreement. Texas Health and Safety Code sec.382.0365(e) directs the 
Texas Natural Resource Conservation Commission (TNRCC) to enter into a 
Memorandum of Understanding (MOU) with the Texas Department of Economic 
Development (Department) to coordinate assistance to any small business applying 
for permits from the Commission. Texas Government Code sec.481.028(b)(6) directs 
the Department to develop an MOU with the TNRCC to cooperate in program planning 
and budgeting regarding small business finance and permits, the marketing of 
recyclable products, and business permits. 
(b) Responsibilities. 
(1) The TNRCC: 
(A) is the agency of the state given primary responsibility for implementing the 
Constitution and laws of this state relating to the conservation of natural 
resources and the protection of the environment; 
(B) sets standards, criteria, levels, and limits for pollution to protect the 
air and water quality of the state's natural resources and the health and safety 
of the state's citizens; 
(C) protects the air, land, and water resources through the development, 
implementation, and enforcement of control programs as necessary to satisfy all 
federal and state environmental laws and regulations; 
(D) maintains a Small Business Assistance Program as defined in Texas Health and 
Safety Code sec.382.0365; 
(E) establishes programs designed to encourage Texas businesses to reduce, reuse 
and recycle industrial and hazardous wastes; and 
(F) has the powers and duties specifically prescribed and other powers necessary 
or convenient to carry out these and other responsibilities. 
(2) The Department: 
(A) is the state agency designated to promote economic development and tourism 
and provide business services for small business owners; 
(B) serves as an information center and referral agency for information on 
various state and federal programs affecting small businesses, including local 
governments, local economic development organizations, and small business 
development centers to promote business development in the state; 
(C) supports small business ownership and development for the state; 
(D) collects, publishes, and disseminates information useful to small businesses 
including data on employment and business activities and trends; and 
(E) has the powers and duties specifically prescribed and other powers necessary 
or convenient to carry out these and other responsibilities. 
(c) Activities 
(1) The TNRCC will, in a timely manner: 
(A) refer small business owners to the Department for information on financial 
and loan assistance and business licenses, permits, registrations, or 
certificates necessary to operate a place of business in Texas; 
(B) provide the Department with information regarding environmental permitting 
processes, registration timelines, fee schedules, reporting requirements, 
pollution prevention techniques; as well as scheduled workshops, seminars, and 
conferences that educate small businesses on environmental concerns; 
(C) provide speakers and educational materials, as requested and subject to 
staff availability, for seminars, conferences, and workshops sponsored by the 
Department; 
(D) maintain current information supplied by the Department on financial and 
loan assistance and business licenses, permits, registrations, or certificates 
necessary to operate a place of business in Texas; 
(E) research the requirements and costs of pollution control equipment and 
environmental audits needed by small businesses for compliance with 
environmental regulations; 
(F) train Department staff, as requested and subject to staff availability, on 
environmental regulations, environmental management techniques, and pollution 
prevention and recycling practices that apply to small businesses; 
(G) share information with the Department to ensure non-duplication of agency 
efforts; 
(H) provide the necessary permit applications and forms to the Department, upon 
request, so that the Department may complete a comprehensive application request 
by a business; and 
(I) analyze and evaluate alternatives for improving permit processes within the 
TNRCC, and submit jointly with the Department any report required by Texas 
Government Code, sec.481.129. 
(2) The Department will, in a timely manner: 
(A) refer small business owners and prospective owners to the TNRCC Small 
Business Assistance Program for help with environmental permitting, 
registration, compliance, and reporting requirements and pollution prevention 
techniques; 
(B) provide information to the TNRCC regarding information on financial and loan 
assistance and business licenses, permits, registrations, or certificates 
necessary to operate a place of business in Texas; 
(C) provide speakers and educational materials, as requested and subject to 
staff availability for seminars, conferences, and workshops sponsored by the 
TNRCC; 
(D) maintain current information supplied by the TNRCC on the application 
process and timelines for environmental permits, registrations, certifications, 
or other general environmental compliance information needed to operate a place 
of business in Texas; 
(E) incorporate the TNRCC information concerning business' rights, obligations, 
and requirements under environmental regulations into the general material 
distributed by the Department to people establishing business operations in 
Texas; 
(F) identify and provide information to the TNRCC on financial assistance 
programs that make loans to small businesses for the purchase of new equipment 
or process upgrades necessary to operate in compliance with environmental 
regulations; 
(G) serve as a point of contact, when requested, between the TNRCC and the Small 
Business Administration, Farmers Home Administration, the Small Business 
Development Centers, the Texas Manufacturing Assistance Centers, Community 
Development Corporations, and other business and financial assistance programs;
(H) maintain the information produced by the TNRCC about the impacts of 
environmental regulations on the state's economy and small business community; 
(I) share information with the TNRCC to ensure non-duplication of agency 
efforts; and 
(J) analyze and evaluate alternatives for improving permit processes within the 
TNRCC, and submit jointly any report required by Texas Government Code, 
sec.481.129. 
(d) Review of MOU. This memorandum shall terminate August 31, 1999 unless 
extended by mutual agreement. the TNRCC and the Department by rule shall adopt 
the memorandum and all revisions to the memorandum.

sec.195.8.Memorandum of Understanding with the Texas Historical Commission.
(a) Purpose. Pursuant to Texas Government Code sec.481.028, the Texas Department 
of Economic Development and the Texas Historical Commission enter into this 
Memorandum of Understanding, under which they agree to cooperate in program 
planning and budgeting relating to community preservation, restoration and 
revitalization. 
(b) Mutual Responsibilities. To serve the citizens of Texas in an efficient and 
fiscally responsible way, the parties agree that they will: cooperate on 
regional economic planning within Texas; cooperate regarding community 
preservation, restoration and revitalization efforts; share information of 
mutual interest; develop the agreements necessary to accomplish the activities 
set forth in this Memorandum of Understanding; and cooperate to encourage 
economic development and employment in Texas. 
(c) Term. This Memorandum of Understanding, which is effective upon execution by 
representatives of each agency, shall terminate on August 31, 1999 unless 
extended by the mutual agreement of the parties. 

sec.195.9.Memorandum of Understanding with the General Services Commission.
(a) Purpose. Pursuant to Texas Government Code sec.481.028, the Texas Department 
of Economic Development and the General Services Commission enter into this 
Memorandum of Understanding, under which they agree to cooperate in program 
planning and budgeting relating to procurement information, certification and 
technical assistance to small and historically underutilized businesses. 
(b) Mutual Responsibilities. To serve the citizens of Texas in an efficient and 
fiscally responsible way, the parties agree that they will: cooperate on 
regional economic planning within Texas; cooperate in providing procurement 
information, certification and technical assistance to small and historically 
underutilized businesses; share information of mutual interest; develop the 
agreements necessary to accomplish the activities set forth in this Memorandum 
of Understanding; and cooperate to encourage economic development within Texas. 
(c) Term. This Memorandum of Understanding, which is effective upon execution by 
representatives of each agency, shall terminate on August 31, 2001 unless 
extended by the mutual agreement of the parties. 

sec.195.10.Memorandum of Understanding with the Texas Alternative Fuels Council.
(a) Purpose. Pursuant to Texas Government Code sec.481.028, the Texas Department 
of Economic Development and the Texas Alternative Fuels Council enter into this 
Memorandum of Understanding, under which they agree to cooperate in program 
planning and budgeting relating to the promotion of the use of alternative fuels 
within Texas. 
(b) Mutual Responsibilities: To serve the citizens of Texas in an efficient and 
fiscally responsible way, the parties agree that they will: cooperate on 
regional planning within Texas; cooperate in encouraging the use of alternative 
fuels within Texas; share information of mutual interest; develop the agreements 
necessary to accomplish the activities set forth in this Memorandum of 
Understanding; and cooperate to encourage economic development in Texas. 
(c) Term. This Memorandum of Understanding, which is effective upon execution by 
representatives of each agency, shall terminate on August 31, 2001 unless 
extended by the mutual agreement of the parties. 
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 September 10, 1998.
TRD-9814352
Gary Rosenquest
Chief Administrative Officer
Texas Department of Economic Development
Earliest possible date of adoption: October 25, 1998
For further information, please call: (512) 936-0181

TITLE 16. ECONOMIC REGULATION
PART II. Public Utility Commission of Texas
CHAPTER 25.Substantive Rules Applicable to Electric Service Providers
SUBCHAPTER D.Records, Reports, and Other Required Information
16 TAC sec.25.84
The Public Utility Commission of Texas (PUC) proposes new sec.25.84, relating to 
Annual Reporting of Affiliate Transactions for Electric Utilities. This section 
is proposed under Project Number 17549. Section 25.84 replaces the rule 
provision formerly located at sec.23.11(c) of this title, relating to General 
Reports, and requires that electric utilities report to the commission annually 
on affiliate activities. 
The commission seeks comments from interested parties on the proposed rule. 
Parties are encouraged to provide specific rule language where applicable. The 
commission will seek comment at a later date on the format and substance of the 
annual reports required in proposed sec.25.84. 
Suzanne L. Bertin, Assistant Director, Office of Policy Development, 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 sections. 
Ms. Bertin 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 
this section will be the continuation of effective regulatory oversight of 
electric utilities. 
The proposed section replaces the rule provision formerly located at 
sec.23.11(c). It is anticipated that there will be minimal economic costs 
incurred by persons required to comply with the new section in addition to costs 
already imposed by former sec.23.11(c). 
For each year of the first five years the section is in effect, there will be no 
effect on small businesses as a result of enforcing the proposed section.
Ms. Bertin has further determined that for the first five years the proposed 
section is in effect there will be no impact on the opportunities for employment 
in the geographic areas of Texas affected by implementing the requirements of 
the rules. 
Comments on the proposed rule (16 copies) may be submitted to Filing Clerk, 
Public Utility Commission of Texas, 1701 N. Congress Avenue, P.O. Box 13326, 
Austin, Texas, 78701-3326, within 30 days after publication. Reply comments may 
be submitted within 45 days after publication. All comments should refer to 
Project Number 17549. The commission invites specific comments regarding the 
costs associated with, and benefits that will be gained by, implementation of 
the sections. The commission will consider the costs and benefits in deciding 
whether to adopt the sections. 
Pursuant to Texas Government Code sec.2001.029, the commission staff will 
conduct a public hearing on this rulemaking if a public hearing is requested by: 
at least 25 persons; a governmental subdivision or agency; or an association 
having at least 25 members. 
This section is proposed under the Public Utility Regulatory Act, Texas 
Utilities Code Annotated (Vernon 1998) (PURA) sec.sec.14.001, 14.002, 14.003, 
and 14.151. Section 14.001 grants the commission the general power to regulate 
and supervise the business of each utility within its jurisdiction. Section 
14.002 provides the commission authority to make and enforce rules reasonably 
required in the exercise of its powers and jurisdiction. Section 14.003 grants 
the commission authority to require submission of information by the utility 
regarding its affiliate activities. Section 14.151 grants the commission 
authority to prescribe the manner of accounting for all business transacted by 
the utility. 
Cross Reference to Statutes: Public Utility Regulatory Act sec.sec.14.001, 
14.002, 14.003, 14.151. 

sec.25.84.Annual Reporting of Affiliate Transactions for Electric Utilities.
(a) Purpose. This section establishes annual reporting requirements for 
transactions between electric utilities and their affiliates. 
(b) Application. This section applies to all electric utilities, as defined in 
the Public Utility Regulatory Act (PURA) sec.31.002(1), operating in the State 
of Texas, and to affiliates as defined in PURA sec.11.003(2) to the extent 
specified herein. 
(c) Annual report of affiliate activities. A "Report of Affiliate Activities" 
shall be filed annually with the commission. Using forms approved and provided 
by the commission, an electric utility shall report activities among itself and 
its affiliates. The report shall be filed by June 1, and shall encompass the 
period from January 1 through December 31 of the immediately preceding year. 
(d) Copies of contracts or agreements. An electric utility shall reduce to 
writing and file with the commission copies of any contracts or agreements it 
has with its affiliates. The requirements of this subsection are not satisfied 
by the filing of an earnings report. 
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 September 14, 1998.
TRD-9814477
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Earliest possible date of adoption: October 25, 1998
For further information, please call: (512) 936-7308

TITLE 22. EXAMINING BOARDS
PART XIV. Texas Optometry Board
CHAPTER 271.Examinations
22 TAC sec.271.1
The Texas Optometry Board proposes the adoption of an amendment to sec.271.1, 
regarding definitions under Chapter 271. Examinations. The amendment, if 
adopted, will correct existing rule language by replacing the term APTRA with 
the correct term for APA. 
Lois Ewald, executive director of the Texas Optometry Board, has determined that 
for the first five-year period the amended rule is in effect, there will be no 
fiscal implications for state and local governments as a result of enforcing or 
administering the rule. The amendment to the rule imposes no duties on small 
businesses, and thus there will be no economic effect on small businesses.
Lois Ewald also has determined that for each of the first five years the amended 
rule is in effect, the public benefit anticipated as a result of enforcing the 
amended rule is that the general public will be informed of the correct and 
applicable legal cite and because the amendment to the rule does not require any 
additional duties for optometrists, there are no anticipated economic costs to 
persons required to comply with the rule as proposed. 
Comments on the proposal may be submitted to Lois Ewald, Executive Director, 
Texas Optometry Board, 333 Guadalupe Street, Suite 2-420, Austin, Texas 78701-
3942.
The amendment is proposed under the Texas Optometry Act, Texas Civil Statutes, 
Articles 4552-2.14, 4552-4.04, and 4552-4.05. 
The Texas Optometry Board interprets sec.2.14 as authorizing the adoption of 
procedural and substantive rules for the regulation of the optometric 
profession. The Board interprets sec.4.04 and sec.4.05 to provide for the 
disciplinary procedural process. 
Texas Civil Statute, Article 4552-2.14, is affected by this proposed action. 

sec.271.1.Definitions.
The following words and terms, when used in this chapter, shall have the 
following meanings, unless the context clearly indicates otherwise. 
(1)- (6) (No change.) 
(7) Respondent--A person against whom a formal charge has been made alleging 
conduct that violates the Act or rules, regulations, or orders of the board and 
whose legal rights are to be determined by the board after the opportunity for 
an adjudicative hearing in a contested case as defined by the <nl>APA<ol> 
[APTRA].
(8) (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 September 11, 1998.
TRD-9814444
Lois Ewald
Executive Director
Texas Optometry Board
Proposed date of adoption: November 13, 1998
For further information, please call: (512) 305-8502

CHAPTER 279.Interpretations
22 TAC sec.279.17
The Texas Optometry Board proposes the adoption of a new rule sec.279.17. The 
new rule, if adopted, will define the term surgery in the same manner as 
previously defined by an Opinion issued by the Office of the Attorney General. 
Lois Ewald, Executive Director, of the Texas Optometry Board, has determined 
that for the first five-year period the new rule is in effect, there will be no 
fiscal implications for state and local governments as a result of enforcing or 
administering the new rule. The new rule imposes no duties on small businesses, 
and thus there will be no economic effect on small businesses. 
Lois Ewald also has determined that for the first five years the rule is in 
effect, the public benefit anticipated as a result of enforcing the new rule is 
that therapeutic optometrists and the public will have a clear understanding of 
the procedures available to therapeutic optometrists. Defining surgery as 
previously defined in an opinion of the Attorney General will not create any 
additional duties for therapeutic optometrists, and thus there is no anticipated 
economic cost to persons required to comply with the amendments as proposed.
Comments on the proposal may be submitted in writing to Lois Ewald, Executive 
Director, Texas Optometry Board, 333 Guadalupe St., Suite 2-240, Austin, Texas, 
78701-3942. 
The new rule is proposed under the authority of the Texas Optometry Act, Texas 
Revised Civil Statues, Article 4552-2.14 and 4552-1.02.
The Texas Optometry Board interprets sec.2.14 as authorizing the adoption of the 
procedural and substantive rules for the regulation of the optometric 
profession. The Board interprets sec.1.02 as defining the procedures that may be 
employed by therapeutic optometrists. 
Texas Revised Civil Statutes Article 4552-1.92 is affected by the proposed new 
rule.

sec.279.17.Board Interpretation Number Seventeen.
(a) The Texas Optometry Act, Section 1.02(7) relating to the definition of the 
"practice of therapeutic optometry" states: The "practice of therapeutic 
optometry" means the employment of objective or subjective means for the purpose 
of ascertaining and measuring the powers of vision of the human eye, examining 
and diagnosing visual defects, abnormal conditions, and diseases of the human 
eye and adnexa, prescribing or fitting lenses or prisms to correct or remedy a 
defect or abnormal condition of vision, administering or prescribing a drug or 
physical treatment in the manner authorized by this Act, and treating the eye 
and adnexa as authorized by this Act without the use of surgery or laser 
surgery. 
(b) Surgery means only cutting operations. 
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 September 11, 1998.
TRD-9814443
Lois Ewald
Executive Director
Texas Optometry Board
Proposed date of adoption: November 13, 1998
For further information, please call: (512) 305-8502

PART XXXII. State Board of Examiners for Speech-Language Pathology and Audiology
CHAPTER 741.Speech-Language Pathologists and Audiologists
SUBCHAPTER A.Introduction
22 TAC sec.741.2
The State Board of Examiners for Speech-Language Pathology and Audiology (board) 
proposes amendments to sec.sec.741.2, 741.87, 741.142, 741.162, 741.163, 
741.164, 741.165, 741.181 and new 741.201, concerning speech-language pathology 
and audiology. Specifically, the sections cover definitions; 30-day trial period 
associated with hearing instruments; license issuance and renewal procedures; 
inactive status; audit for compliance with continuing education requirements; 
and schedule of fees. The new section establishes a schedule of sanctions. 
The proposed amendments cover all definitions which are being listed with 
numbers in new Texas Register format required by 1 Texas Administrative Code, 
sec.91.1, effective February 17, 1998; add the term "delegation" to definitions; 
remove 500 hertz from the definition of "Extended recheck" to coincide with 
language in sec.741.32 relating to Hearing Screening; clarify that the purchaser 
of a hearing instrument will have 30 consecutive days within a 60-day time 
period to determine if the instrument is satisfactory and renumber accordingly; 
clarify how an initial license is issued once the application and initial 
license fees are combined under sec.741.181 relating to Schedule of Fees and 
renumber accordingly; revise the renewal procedures by removing the notarization 
requirement from the renewal form, establishing a random audit for compliance 
with the continuing education requirement for license renewal, combining the 
fitting and dispensing of a hearing instrument renewal registration with the 
license renewal form, and clarifying the registration renewal procedures and 
renumbering accordingly; expand the acceptable verification of continuing 
education events to include a form from the presenter of the event; establish 
procedures to conduct a random audit for compliance with the continuing 
education requirement, for licensees to personally maintain their continuing 
education records and grounds for disciplinary action; clarify that a licensee 
who wishes to renew a license after expiration of the grace period must submit 
proof of continuing education hours; combine the application fee with the 
initial license fee to expedite issuance of a license; require payment of a fee 
for license verification; and increase various fees necessary in order to cover 
the cost of administering the licensing program. The new section establishes a 
schedule of sanctions to be utilized in disciplinary actions concerning 
violations of the Act or rules. 
Dorothy Cawthon, Executive Secretary, has determined that for the first five-
year period the sections are in effect there will be fiscal implications as a 
result of enforcing or administering the sections: new and increased fees are 
projected to generate additional revenues of $49,747 per year for state 
government, which will be used to offset the cost of administering the program. 
There may be fiscal implications to state or local government as a result of 
enforcing or administering the sections as proposed: exact dollar amount cannot 
be determined because it is not known whether a state or local agency reimburses 
the cost of their employee's licensing fees. 
Ms. Cawthon also has determined that for each year of the first five years that 
the sections are in effect the public benefit anticipated as a result of 
enforcing the sections will be to cover the cost of administering the program 
and establish a schedule of sanctions. The amendments to remove the notarization 
from the renewal form and to combine the fitting and dispensing of hearing 
instruments registration with the renewal form will streamline the renewal 
process. The amendments relating to the audit for the compliance with the 
continuing education requirements will allow the board to monitor this 
requirement without hiring additional staff. The current system is not cost-
effective and statistics show that an audit is 95% accurate. The amendment to 
expand what is acceptable verification of continuing education events will 
benefit licensees who obtain the forms from the presenter following the event 
and, therefore, not have to wait several weeks to receive the verification from 
the sponsor. The amendment to combine the application fee and the initial 
license fee will speed up the licensing process by two to four weeks and the fee 
to provide verification of a license will cover the cost of providing this 
service. The remaining amendments clarify existing language concerning 
delegation of duties to assistants, extended recheck, the 30-day trial period 
associated with the purchase of a hearing instrument, and clarify submission of 
continuing education for licenses after expiration of the grace period or 
licenses on inactive status. These clarifications should provide licensees, 
employers and the public a better understanding of the rules. There will be 
minimal economic costs to small businesses and individuals engaged in the 
business of speech-language pathology or audiology because of the increase in 
their licensing fees. The cost between large and small businesses would depend 
on the number of licensees employed. There should be no effect on local 
employment. 
Comments on the proposal may be submitted to Dorothy Cawthon, State Board of 
Examiners for Speech-Language Pathology and Audiology, 1100 West 49th Street, 
Austin, Texas 78756-3183, telephone (512) 834-6627. Public comments will be 
accepted for 30 days following the publication of the proposal in the Texas 
Register. 
The amendment is proposed under Texas Civil Statutes, Article 4512j, sec.5 which 
provides the State Board of Examiners for Speech-Language Pathology and 
Audiology with the authority to adopt rules necessary to administer and enforce 
Article 4512j and Texas Civil Statutes, Article 4512j, and sec.20 which provides 
the Board with authority to set fees in amounts that are reasonable and 
necessary to collect sufficient revenue to cover the costs of administration of 
the Act. 
The proposed amendment affects Texas Civil Statutes, Article 4512j. 

sec.741.2. 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 - The law relating to the licensing and regulation of speech-
language pathologists and audiologists, Texas Civil Statutes, Article 4512j. 
<nl>(2)<ol> Assistant in audiology - An individual who works under the direct 
on-site supervision and direction of a licensed audiologist and is licensed 
under sec.741.85 of this title (relating to Requirements for an Assistant in 
Audiology License). 
<nl>(3)<ol> Assistant in speech-language pathology - An individual who works 
under the direct, on-site supervision and direction of a licensed speech-
language pathologist and is licensed under sec.741.65 of this title (relating to 
Requirements for an Assistant in Speech-Language Pathology License). 
<nl>(4)<ol> Audiologist - An individual who meets the requirements of Subchapter 
H of this chapter (relating to Application Procedures) and holds a valid license 
to practice audiology. 
<nl>(5)<ol> Board - The State Board of Examiners for Speech-Language Pathology 
and Audiology. 
<nl>(6)<ol> <nl>Delegation - The supervisor of an assistant may assign certain 
services to the assistant; however, the supervisor is ultimately responsible for 
all services provided. <ol>
<nl>(7)<ol> Department - The Texas Department of Health.
<nl>(8)<ol> Ear specialist - A licensed physician who specializes in diseases of 
the ear and is medically trained to identify the symptoms of deafness in the 
context of the total health of the patient, and is qualified by special training 
to diagnose and treat hearing loss. Such physicians are also known as 
otolaryngologists, otologists, and otorhinolaryngologists.
<nl>(9)<ol> Extended absence - More than two consecutive working days for any 
single continuing education experience. 
<nl>(10)<ol> Extended recheck - Starting at 40 dBand going down by 10 dB until 
no response is obtained or until 20 dB is reached and then up by 5 dB until a 
response is obtained. The frequencies to be evaluated are [500,] 1,000, 2,000, 
and 4,000 hertz (Hz). 
<nl>(11)<ol> Health care professional - An individual required to be licensed or 
registered by this Act or any person licensed, certified, or registered by the 
state in a health-related profession. 
<nl>(12)<ol> Hearing instrument - A device designed for, offered for the purpose 
of, or represented as aiding persons with or compensating for impaired hearing. 
<nl>(13)<ol> Hearing screening - A manually administered individual pure-tone 
air conduction screening with pass/fail results for the purpose of rapidly 
identifying those persons with possible hearing impairment which has the 
potential of interfering with communication. 
<nl>(14)<ol> Intern in audiology - An individual completing the supervised 
professional experience as required by sec.741.81(12) of this title (relating to 
Requirements for an Audiology License) and licensed under sec.741.82 of this 
title (relating to Requirements for an Intern in Audiology License). 
<nl>(15)<ol> Intern in speech-language pathology - An individual completing the 
supervised professional experience as required by sec.741.61(12) of this title 
(relating to Requirements for a Speech-Language Pathology License) and licensed 
under sec.741.62 of this title (relating to Requirements for an Intern in 
Speech-Language Pathology License). 
<nl>(16)<ol> License - The document required by the Act which provides 
verification that an individual has met the requirements for qualification and 
practice as set forth in the Act and as interpreted within this chapter. 
<nl>(17)<ol> Month - A calendar month. 
<nl>(18)<ol> Person - An individual, a corporation, partnership, or other legal 
entity. 
<nl>(19)<ol> Practice of audiology - The application of nonmedical principles, 
methods and procedures for the measurement, testing, appraisal, prediction, 
consultation, counseling, habilitation, rehabilitation, or instruction related 
to disorders of the auditory or vestibular systems for the purpose of rendering 
or offering to render services or for participating in the planning, directing 
or conducting of programs which are designed to modify communicative disorders 
involving speech, language, auditory or vestibular function, or other aberrant 
behavior relating to hearing loss. An audiologist may engage in any tasks, 
procedures, acts, or practices that are necessary for the evaluation of hearing, 
for training in the use of amplification including hearing instrument, for the 
making of earmolds for hearing instrument, for the fitting, dispensing, and sale 
of hearing instrument or for the management of cerumen. An audiologist may 
participate in consultation regarding noise control and hearing conservation, 
may provide evaluations of environment or equipment including calibration of 
equipment used in testing auditory functioning and hearing conservation, and may 
perform the basic speech and language screening tests and procedures consistent 
with his or her training. 
<nl>(20)<ol> Practice of speech-language pathology - The application of 
nonmedical principles, methods, and procedures for the measurement, testing, 
evaluation, prediction, counseling, habilitation, rehabilitation, or instruction 
related to the development and disorders of communication, including speech, 
voice, language, oral pharyngeal function, or cognitive processes, for the 
purpose of rendering or offering to render services or for participating in the 
planning, directing or conducting of programs which are designed to modify 
communicative disorders and conditions in individuals or groups of individuals. 
Speech-language pathologists may perform basic audiometric screening tests and 
aural rehabilitation or habilitation consistent with his or her training. 
<nl>(21)<ol> Provisional license - A nonrenewable license issued to an applicant 
who meets the requirements of sec.741.64 of this title (relating to Requirements 
for a Provisional Speech-Language Pathology License) or sec.741.84 of this title 
(relating to Requirements for a Provisional Audiology License). 
<nl>(22)<ol> Registrant - An individual issued a temporary certificate of 
registration or a registration to fit and dispense hearing instruments. 
<nl>(23)<ol> Registration to fit and dispense hearing instruments - A 
registration issued to an audiologist or intern in audiology licensed under this 
Act who completed a form received from the board office that declared his or her 
intent to fit and dispense hearing instruments as required by sec.741.87 of this 
title (relating to Requirements for Registration of Audiologists and Interns in 
Audiology who Fit and Dispense Hearing Instruments).
<nl>(24)<ol> Sale or purchase - Includes the sale, lease or rental of a hearing 
instrument to a member of the consuming public who is a user or prospective user 
of a hearing instrument. 
<nl>(25)<ol> Speech-language pathologist - An individual who meets the 
requirements of Subchapter E of this chapter (relating to Requirements for 
Licensure and Registration of Speech-Language Pathologists) and holds a valid 
license to practice speech-language pathology. 
<nl>(26)<ol> Student in audiology - An individual pursuing a course of study 
leading to a degree with an emphasis in audiology and who works within the 
educational institution or one of its cooperating programs under the direct, on-
site supervision and direction of an audiologist licensed under the Act. 
<nl>(27)<ol> Student in speech-language pathology - An individual pursuing a 
course of study leading to a degree with an emphasis in speech-language 
pathology and who works within the educational institution or one of its 
cooperating programs under the direct, on-site supervision and direction of a 
speech-language pathologist licensed under the Act. 
<nl>(28)<ol> Temporary certificate of registration - A nonrenewable document 
issued to an individual who meets all requirements for licensure as required by 
sec.741.61 of this title (relating to Requirements for a Speech-Language 
Pathology License) or sec.741.81 of this title (relating to Requirements for an 
Audiology License) and is in the processing of taking the examination as 
required by sec.741.122 of this title (relating to Administration).
<nl>(29)<ol> Thirty-day trial period - The purchaser of a hearing instrument has 
possession of an appropriately fitted hearing instrument for a total of 30 
<nl>consecutive<ol> days <nl>not to exceed a 60-day time period<ol>. 
<nl>(30)<ol> Used hearing instrument - A hearing instrument that has been worn 
for any period of time by a user. However, a hearing instrument shall not be 
considered "used" merely because it has been worn by a prospective user as a 
part of a bona fide hearing instrument evaluation conducted to determine whether 
to select that particular hearing instruments for that prospective user, if such 
evaluation has been conducted in the presence of the dispenser or a hearing 
instruments health professional selected by the dispenser to assist the buyer in 
making such a determination. 
<nl>(31)<ol> Year - A calendar year. 
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 September 10, 1998.
TRD-9814343
Teri Mata-Pistokache, Ph.D.
Chairperson
State Board of Examiners for Speech-Language Pathology and Audiology
Earliest possible date of adoption: October 25, 1998
For further information, please call: (512) 458-7236

SUBCHAPTER F.Requirements for Licensure and Registration of Audiologists
22 TAC sec.741.87
The amendment is proposed under Texas Civil Statutes, Article 4512j, sec.5 which 
provides the State Board of Examiners for Speech-Language Pathology and 
Audiology with the authority to adopt rules necessary to administer and enforce 
Article 4512j and Texas Civil Statutes, Article 4512j, and sec.20 which provides 
the Board with authority to set fees in amounts that are reasonable and 
necessary to collect sufficient revenue to cover the costs of administration of 
the Act. 
The proposed amendment affects Texas Civil Statutes, Article 4512j.

sec.741.87. Requirements for Registration of Audiologists and Interns in 
Audiology who Fit and Dispense Hearing Instruments. 
(a)-(f) (No change.) 
(g) An audiologist or intern in audiology must comply with the following 
concerning a 30-day trial period on every hearing instrument purchase. 
(1) <nl>A purchaser of a hearing instrument<ol> [All purchasers] shall be 
informed of a <nl>trial of 30 consecutive days, not to exceed a 60-day time<ol> 
[30-day trial] period<nl>,<ol> by written agreement. <nl>When 60 days have 
expired, and the purchaser has not had use of the instrument for 30 consecutive 
days, a new contract must be completed.<ol> 
<nl>(2)<ol> All charges and fees associated with such trial period shall be 
stated in this agreement which shall also include the name, address, and 
telephone number of the State Board of Examiners for Speech-Language Pathology 
and Audiology. The purchaser shall receive a copy of this agreement.
<nl>(3)<ol> [(2)] Any purchaser of a hearing instrument shall be entitled to a 
refund of the purchase price advanced by purchaser for the hearing instrument, 
less the agreed-upon amount associated with the trial period, upon return of the 
instrument to the licensee in good working order within the 30-day trial period. 
Should the order be canceled by purchaser prior to the delivery of the 
instrument, the licensee may retain the agreed-upon charges and fees as 
specified in the written contract. The purchaser shall receive the refund due no 
later than the 30th day after the date on which the purchaser cancels the order 
or returns the hearing instrument to the licensee. 
(h)-(i) (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 September 10, 1998.
TRD-9814344
Teri Mata-Pistokache, Ph.D.
Chairperson
State Board of Examiners for Speech-Language Pathology and Audiology
Earliest possible date of adoption: October 25, 1998
For further information, please call: (512) 458-7236

SUBCHAPTER J.Licensing and Registration Procedures
22 TAC sec.741.142
The amendment is proposed under Texas Civil Statutes, Article 4512j, sec.5 which 
provides the State Board of Examiners for Speech-Language Pathology and 
Audiology with the authority to adopt rules necessary to administer and enforce 
Article 4512j and Texas Civil Statutes, Article 4512j, and sec.20 which provides 
the Board with authority to set fees in amounts that are reasonable and 
necessary to collect sufficient revenue to cover the costs of administration of 
the Act. 
The proposed amendment affects Texas Civil Statutes, Article 4512j.

sec.741.142. Issuance of License and Registration.
(a) The board shall send each applicant for a speech-language pathology or 
audiology license who met the requirements of sec.741.61 of this title (relating 
to Requirements for a Speech-Language Pathology License), sec.741.63 of this 
title (relating to Special Conditions for Licensure of Speech-Language 
Pathologists), sec.741.81 of this title (relating to Requirements for an 
Audiology License), or sec.741.83 of this title (relating to Special Conditions 
for Licensure of Audiologists) whose application has been approved, a form to 
complete and return <nl>to the board office.<ol> [with the nonrefundable initial 
license fee. This fee must be submitted to the executive secretary no later than 
90 days following the date of the request or the application and approval will 
be voided.] 
(1) The initial license [and the initial license fee] shall be prorated 
according to the licensee's birth month. Any applicant approved for license 
within three months of the applicant's birth month shall <nl> be issued a 
license to expire on the last day of the birth month that is one year past the 
applicant's next birth month.<ol> [pay the prorated amount plus one year license 
fee.] Any applicant approved for less than 12 months, but for more than three 
months, shall <nl>be issued a license to expire upon the last day of the 
applicant's next birth month.<ol> [pay a fee prorated for only those months. The 
prorated fee and all] <nl> All<ol> licensee records are based on the month of 
approval through the last day of the birth month. An applicant may not practice 
in the professional area in which he or she applied for a license until the 
<nl>application has been approved.<ol> [initial license fee has been received by 
the board.
(2) Upon <nl>approval of the application<ol> [receiving an applicant's license 
form and initial license fee], the board shall issue the applicant: 
(A)-(C) (No change.) 
(3) (No change.) 
(b) The board shall send each applicant for an intern license who met the 
requirements of sec.741.62 of this title (relating to Requirements for an Intern 
in Speech-language Pathology License) or sec.741.82 of this title (relating to 
Requirements for an Intern in Audiology License) whose application has been 
approved<nl>,<ol> a form to complete and return <nl> to the board office.<ol> 
[with the nonrefundable initial license fee. Upon receipt of the license form 
and fee, the] <nl>The<ol> board shall issue a license that will expire one year 
from the <nl>effective<ol> [issue] date. The license may be renewed as required 
by sec.741.162 of this title (relating to General). 
(c) (No change.) 
(d) The board shall send each applicant for an assistant license who met the 
requirements of sec.741.65 of this title (relating to Requirements for an 
Assistant in Speech-Language Pathology License) or sec.741.85 of this title 
(relating to Requirements for an Assistant in Audiology License) whose 
application has been approved<nl>,<ol> a form to complete and return <nl> to the 
board office.<ol> [with the nonrefundable initial license fee.
(1) The initial license [and the initial license fee] shall be prorated 
according to the licensee's birth month. Any applicant approved for license 
within three months of the applicant's birth month shall <nl> be issued a 
license to expire on the last day of the birth month that is one year past the 
applicant's next birth month.<ol> [pay the prorated amount plus one year license 
fee.] Any applicant approved for less than 12 months, but for more than three 
months, shall <nl>be issued a license to expire upon the last day of the 
applicant's next birth month.<ol> [pay a fee prorated for only those months. The 
prorated fee and all] <nl> All<ol> licensee records are based on the month of 
approval through the last day of the birth month. 
(2) Upon the applicant meeting the requirements set out in this subsection [and 
upon receiving an applicant's license form and fee], the board shall issue the 
applicant a license. 
(3) (No change.) 
(e)-(f) (No change.) 
(g) The board shall send each applicant for a limited license to practice 
speech-language pathology in the public schools who met the requirements of 
sec.741.67 of this title (relating to Requirements for a Limited License to 
Practice Speech-Language Pathology in the Public Schools) whose application has 
been approved, a form to complete and return <nl>to the board office. <ol> [with 
the nonrefundable initial license fee.] 
(1) The initial license [and the initial license fee] shall be prorated 
according to the licensee's birth month. Any applicant approved for license 
within three months of the applicant's birth month shall <nl> be issued a 
license to expire on the last day of the birth month that is one year past the 
applicant's next birth month.<ol> [pay the prorated amount plus one year license 
fee.] Any applicant approved for less than 12 months, but for more than three 
months, shall <nl>be issued a license to expire upon the last day of the 
applicant's next birth month.<ol> [pay a fee prorated for only those months. The 
prorated fee and all] <nl> All<ol> licensee records are based on the month of 
approval through the last day of the birth month. 
(2)-(4) (No change.) 
(h) The nonrefundable initial license fee is included with the application and 
initial license fee as referenced in sec.741.181(1)(A) of this title (relating 
to Schedule of Fees). 
<nl>(i)<ol> [(h)] Any license, certificate, or registration issued by the board 
remains the property of the board. 
<nl>(j)<ol> [(i)] An application may be denied if the applicant's license to 
practice speech-language pathology or audiology in another state or jurisdiction 
has been suspended, revoked, or otherwise restricted by the licensing entity in 
that state or jurisdiction for reasons relating to the applicant's professional 
competence or conduct which could adversely affect the health and welfare of a 
client. 
<nl>(k)<ol> [(j)] The board is not responsible for lost, misdirected, or 
undelivered correspondence, including forms and fees, if sent to the address 
last reported to the board. 
<nl>(l)<ol> [(k)] Upon written request from the licensee and payment of the 
duplicate fee, a duplicate license, certificate, or registration may be obtained 
from the 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 September 10, 1998.
TRD-9814345
Teri Mata-Pistokache, Ph.D.
Chairperson
State Board of Examiners for Speech-Language Pathology and Audiology
Earliest possible date of adoption: October 25, 1998
For further information, please call: (512) 458-7236

SUBCHAPTER K.License and Registration Renewal
22 TAC sec.sec.741.162-741.165
The amendments are proposed under Texas Civil Statutes, Article 4512j, sec.5 
which provides the State Board of Examiners for Speech-Language Pathology and 
Audiology with the authority to adopt rules necessary to administer and enforce 
Article 4512j and Texas Civil Statutes, Article 4512j, and sec.20 which provides 
the Board with authority to set fees in amounts that are reasonable and 
necessary to collect sufficient revenue to cover the costs of administration of 
the Act. 
The proposed amendments affect Texas Civil Statutes, Article 4512j. 

sec.741.162. General. 
(a)-(b) (No change.) 
(c) Each licensee shall annually pay the nonrefundable fee for license renewal. 
The executive secretary shall not consider a license to be renewed until the 
licensee has completed, dated and signed the renewal form [in the presence of a 
notary public] and submitted this form with [proof of earned continuing 
education and] the renewal fee to the board office. In addition, an intern must 
submit the report of completed internship form signed by the intern and the 
supervisor verifying the professional experience completed and the intern plan 
and agreement of supervision form for the following year's experience. If the 
intern is currently not practicing, the intern must submit a signed statement 
explaining why he or she is not currently practicing. An assistant must provide 
an updated supervisory responsibility statement signed by <nl>both the assistant 
and<ol> the assistant's supervisor. The postmarked date is the date of mailing. 
<nl>(d)<ol> <nl>The board shall monitor a licensee's compliance with the 
continuing education requirements by the use of a random audit. In the event the 
licensee has been selected for an audit to verify compliance with the continuing 
education requirements as described in sec.741.163 of this title (relating to 
Requirements for Continuing Professional Education), the license shall not be 
renewed until the licensee submits acceptable proof of having earned the 
required continuing education hours. If this documentation is not received or 
found unacceptable, the licensee must cease practicing upon expiration of the 
60-day grace period. The licensee must then renew his or her license in 
accordance with sec.741.165 of this title (relating to Late Renewal of a 
License) if he or she wishes to practice. <ol>
<nl>(e)<ol> [(d)] Renewal of a speech-language pathology, audiology, intern or 
assistant license is contingent on the applicant meeting uniform continuing 
education requirements established by the board. Any continuing education hours 
earned before the effective date of the license are not acceptable. 
<nl>(f)<ol> [(e)] Each licensee is required to provide current addresses and 
telephone numbers, employment information, and other information on the license 
renewal form. 
(1) A request to change the name as issued on the certificate or license must be 
submitted in writing with a copy of the divorce decree, marriage certificate, or 
social security card showing the new name. 
(2) The board is not responsible for lost, misdirected, or undelivered renewal 
forms and fees if sent to the address last reported to the board. 
<nl>(g)<ol> [(f)] The board shall issue a renewed license to each speech-
language pathologist, audiologist, intern, or assistant who has met all 
requirements for renewal. 
<nl>(h)<ol> [(g)] The board shall deny renewals pursuant to the Education Code, 
sec.57.491, concerning defaults on guaranteed student loans. 
<nl>(i)<ol> [(h)] A 60-day grace period, after the date of expiration of a 
license, shall be allowed. A licensee may continue to practice during the grace 
period and must follow all requirements of the Act and this chapter. 
<nl>(j)<ol> [(i)] If a license is placed on inactive status or is not renewed 
before the end of the 60-day grace period, the licensee must cease practicing or 
representing himself or herself as a speech-language pathologist, audiologist, 
intern or assistant. 
<nl>(k)<ol> [(j)] Prior to expiration of a license, a licensee may request 
inactive status and, if accepted, shall remain in this status until renewed or 
deleted in accordance with sec.741.164 of this title (relating to Inactive 
Status). 
<nl>(l)<ol> [(k)] After the end of the 60-day grace period, unless inactive 
status was granted, a licensee may renew his or her license in accordance with 
sec.741.165 of this title (relating to Late Renewal of a License). 
<nl>(m)<ol> [(l)] A license not renewed within two years of the date of 
expiration may not be renewed. However, the individual may reapply for licensure 
if requirements of Subchapter E of this chapter (relating to Requirements for 
Licensure and Registration of Speech-Language Pathologists) or Subchapter F of 
this chapter (relating to Requirements for Licensure and Registration of 
Audiologists) are met. 
<nl>(n)<ol> [(m)] An individual who within the last three years was licensed in 
this state and is currently licensed and has been in practice in another state 
for the two years preceding application may renew the Texas license without 
reexamination if the individual submits the following: 
(1) an original or certified copy of a letter from the licensing board where he 
or she currently holds a valid license verifying: 
(A) the area in which the license was issued; 
(B) the date of issue; 
(C) the date of expiration; and 
(D) whether derogatory information is on record; 
(2) a fee equal to the examination fee; and 
(3) proof of having earned at least ten approved continuing education hours 
during the preceding 12 months. 
<nl>(o)<ol> [(n)] In case of medical hardship, a licensee may: 
(1) request that the license be renewed without a penalty being assessed but the 
issue date shall reflect the actual date of reactivation if the following is 
submitted: 
(A) an original letter signed by the licensee's physician stating the licensee 
was unable to practice for at least six months during that renewal period 
because of a physical or mental disability; 
(B) any approved continuing education hours earned during the renewal period; 
and 
(C) the renewal form and fee; or 
(2) petition the board if the person does not meet paragraph (1)(A) of this 
subsection but believes he or she has a valid medical reason for the late 
renewal. 
<nl>(p)<ol> [(o)] A suspended license is subject to expiration and may be 
renewed as provided in this subchapter; however, the renewal does not entitle 
the licensee to engage in the licensed activity or in any other activity or 
conduct in violation of the order or judgement by which the license was 
suspended, until such time as the license is fully reinstated. 
<nl>(q)<ol> [(p)] A license revoked on disciplinary grounds may not be renewed. 
If it is reinstated, the former licensee, as a condition of reinstatement, shall 
pay a reinstatement fee in an amount equal to the renewal fee in effect, plus 
the late renewal penalty fee, if any, accrued since the time of the license 
revocation. 
<nl>(r)<ol>[(q)] An audiologist or intern in audiology who fits and dispenses 
hearing instruments must <nl>indicate on the license renewal form his or her 
intention to fit and dispense hearing instruments and<ol> submit [an updated 
notarized registration form with] the registration fee each year when the 
audiology or intern in audiology license is renewed. <nl>If, at the time the 
audiology or intern in audiology license was renewed, the licensee indicated 
that he or she did not wish to fit and dispense hearing instruments but later 
wishes to do so, the licensee must first submit the completed registration form 
and fee.<ol> [If the licensee does not wish to continue to fit and dispense 
hearing instruments at the time he or she renews the license, the licensee must 
return the registration form informing the board of that decision. Should the 
licensee later wish to fit and dispense, he or she must submit the completed 
notarized registration form and fee.] 

sec.741.163. Requirements for Continuing Professional Education. 
Continuing professional education requirements must be met for renewal of a 
speech-language pathology, audiology, intern or assistant license.
(1)-(8) (No change.) 
(9) The board office will accept a letter or form bearing a valid signature or 
verification as authorized by the continuing education sponsor as proof of 
completion of a valid continuing education experience. <nl> In the event this 
verification cannot be obtained, the board will accept verification from the 
presenter of an approved event if the presenter can also provide proof that the 
event was acceptable to an approved sponsor.<ol> Unauthorized signatures or 
verification will not be accepted. 
(10) <nl>The licensee shall be responsible for maintaining a record of his or 
her continuing education experiences for a period of at least three years. The 
certificates, diplomas, or other documentation verifying earning of continuing 
education hours are not to be forwarded to the board at the time of renewal 
unless the licensee has been selected for audit by the board.<ol> [Evidence of 
the acquisition of continuing education credit shall be submitted to the board 
together with the license renewal form and fee at the time of renewal.] 
<nl>(11)<ol> <nl>The licensee shall indicate on the renewal form whether he or 
she earned the required number of hours of continuing education approved by a 
sponsor acceptable to the board during the renewal period or if hours were 
accrued under paragraph (5) of this section and are still available for use. 
<ol>
(12) The audit process shall be as follows:
<nl>(A)<ol> The board shall select for audit a random sample of licensees for 
each renewal month. Audit forms shall be sent to the selected licensees at the 
time the renewal notice is mailed. 
<nl>(B)<ol> All licensees selected for audit must furnish documentation to 
verify proof of having earned the required continuing education hours. The 
documentation, including the Record of Continuing Education Hours 
Earned/Used/Available/Dropped form, must be provided at the time the renewal 
form is returned to the board. 
<nl>(C)<ol> Failure to timely furnish this information or knowingly provide 
false information during the audit process or the renewal process are grounds 
for disciplinary action against the licensee.

sec.741.164. Inactive Status.
(a)-(e) (No change.) 
(f) The inactive license may be reactivated at any time by submitting a written 
request and proof of having earned ten continuing education hours or 15 for 
holders of dual speech-language pathology and audiology licenses during the 12-
month period preceding the request to reactivate the license unless hours were 
accrued under sec.741.163(5) of this title (relating to Requirements for 
Continuing Professional Education). <nl>The random audit for compliance with the 
continuing education requirements referenced in sec.741.162(d) of this title 
(relating to General) does not apply to reactivation of an inactive license.<ol> 
If approved, active status shall begin on the date of approval.
(g)-(i) (No change.)

sec.741.165. Late Renewal of a License.
(a)-(b) (No change.) 
(c) The licensee must submit the following if he or she wishes to renew the 
license: 
(1)-(2) (No change.) 
(3) proof of having earned or accrued continuing education as follows: 
(A)-(C) (No change.) 
(D) if renewing at the end of the second year of inactive status, at least 30 
continuing education hours or 45 hours for holders of dual speech-language 
pathology and audiology licenses; [and] 
(E) the hours earned or accrued before expiration of the license shall count 
toward meeting these hours as long as the hours are still available for use when 
the request for renewal is received<nl>; and<ol> [.]
<nl>(F)<ol> <nl>the random audit for compliance with the continuing education 
requirements referenced in sec.741.162(d) of this title (relating to General) 
does not apply to late renewal of a license. <ol>
(d)-(f) (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 September 10, 1998.
TRD-9814346
Teri Mata-Pistokache, Ph.D.
Chairperson
State Board of Examiners for Speech-Language Pathology and Audiology
Earliest possible date of adoption: October 25, 1998
For further information, please call: (512) 458-7236

SUBCHAPTER L.Fees and Processing Procedures
22 TAC sec.741.181
The amendment is proposed under Texas Civil Statutes, Article 4512j, sec.5 which 
provides the State Board of Examiners for Speech-Language Pathology and 
Audiology with the authority to adopt rules necessary to administer and enforce 
Article 4512j and Texas Civil Statutes, Article 4512j, and sec.20 which provides 
the Board with authority to set fees in amounts that are reasonable and 
necessary to collect sufficient revenue to cover the costs of administration of 
the Act. 
The proposed amendment affects Texas Civil Statutes, Article 4512j. 

sec.741.181. Schedule of Fees. 
The purpose of this section is to establish a schedule of fees to provide the 
funds to support the activities of the board. 
(1) The schedule of fees is as follows: 
(A) application <nl>and initial license<ol> fee - <nl> $70<ol> [$35]; 
(B) provisional license fee - <nl>$70<ol> [$35];
(C) (No change.) 
(D) registration fee <nl>to<ol> [for audiologist and intern in audiology who] 
fit and dispense hearing <nl>instruments<ol> [aids] - <nl>$15<ol> [$10]; 
[(E) initial license fee (prorated) - $35;
[(F) initial dual license as a speech-language pathologist and audiologist fee 
(prorated) - $55;] 
<nl>(E)<ol> [(G)] license renewal fee - <nl> $40<ol> [$35]; 
<nl>(F)<ol> [(H)] dual license as a speech-language pathologist and audiologist 
renewal fee - <nl>$65<ol> [$55];
<nl>(G)<ol> [(I)] duplicate license, certificate, or registration fee - $10; 
<nl>(H)<ol> [(J)] inactive fee - $35; 
(I) license verification fee - $10;
<nl> (J)<ol> [(K)] late renewal penalty fee - an amount equal to the renewal 
fee(s), with a maximum of three renewal fees, plus the examination fee;
<nl>(K)<ol> [(L)] examination fee - the amount charged by the Texas Department 
of Health's designee administering the examination; and 
<nl>(L)<ol> [(M)] reinstatement fee for a license that was suspended for failure 
to pay child support - $50. 
(2)-(7) (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 September 10, 1998.
TRD-9814347
Teri Mata-Pistokache, Ph.D.
Chairperson
State Board of Examiners for Speech-Language Pathology and Audiology
Earliest possible date of adoption: October 25, 1998
For further information, please call: (512) 458-7236

SUBCHAPTER M.Denial, Probation, Suspension, or Revocation of Licensure or 
Registration
22 TAC sec.741.201
The new section is proposed under Texas Civil Statutes, Article 4512j, sec.5 
which provides the State Board of Examiners for Speech-Language Pathology and 
Audiology with the authority to adopt rules necessary to administer and enforce 
Article 4512j and Texas Civil Statutes, Article 4512j, and sec.20 which provides 
the Board with authority to set fees in amounts that are reasonable and 
necessary to collect sufficient revenue to cover the costs of administration of 
the Act. 
The proposed new section affects Texas Civil Statutes, Article 4512j. 

sec.741.201. Schedule of Sanctions.
(a) It is the purpose of this board to safeguard the public health, safety or 
welfare and to protect the public from unprofessional conduct by speech-language 
pathologists and audiologists. 
(b) When the Board determines that sanctions are appropriate, proposals for 
imposition of sanctions shall be made in accordance with the Act, sec.17. 
(c) Imposition of sanctions shall be based on the following:
(1) the seriousness of the violation(s); 
(2) previous compliance history; 
(3) the severity level necessary to deter future violations;
(4) efforts to correct the violation; and 
(5) any other extenuating circumstances. 
(d) Severity levels shall be categorized by one of the following severity 
levels: 
(1) severity level I - violations that are most significant and have a direct 
negative impact upon the health, safety or welfare of the public; 
(2) severity level II - violations that are very significant and have impact 
upon the health, safety or welfare of the public; 
(3) severity level III - violations that are significant and which, if not 
corrected, could threaten the health, safety or welfare of the public; 
(4) severity level IV - violations that are of more than minor significance, but 
if left uncorrected, could lead to more serious circumstances; and 
(5) severity level V - violations that are minor infractions.
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 September 10, 1998.
TRD-9814348
Teri Mata-Pistokache, Ph.D.
Chairperson
State Board of Examiners for Speech-Language Pathology and Audiology
Earliest possible date of adoption: October 25, 1998
For further information, please call: (512) 458-7236

TITLE 25. HEALTH SERVICES
PART I. Texas Department of Health
CHAPTER 38. Chronically Ill and Disabled Children's Services Program
25 TAC sec.38.18
The Texas Department of Health (department) proposes an amendment to sec.38.18 
concerning the Children with Special Health Care Needs Advisory Committee 
(committee). The committee provides advice to the Texas Board of Health (board) 
and the department in the area of developing comprehensive systems of health 
care for children with special health care needs and their families. 
In 1993, the Texas Legislature passed Senate Bill 383 (now codified in the 
Government Code, Chapter 2110) which requires that each state agency adopt rules 
to establish advisory committees. The rules must state the purpose of each 
committee, state the composition of the committee, describe the tasks of the 
committee, describe the manner in which the committee will report to the agency, 
and establish a date on which the committee will be automatically abolished 
unless the governing body of the agency affirmatively votes to continue the 
committee in existence. 
In 1995, the board established a rule relating to the Children with Special 
Health Care Needs Advisory Committee. The rule states that the committee will 
automatically be abolished on January 1, 1999. The board has now reviewed and 
evaluated the committee and has determined that the committee should continue in 
existence until January 1, 2003. 
This section amends provisions relating to the operation of the committee. 
Specifically, language is revised to state the committee is established under 
the Health and Safety Code, sec.11.016 which allows the board to establish 
advisory committees; to reference the Government Code; to make it clear that the 
purpose of the committee is to provide advice to the board; to address changes 
to the composition of the committee; to require that the presiding officer and 
the assistant presiding officer of the committee will be selected by the 
chairman of the board for a term of two years; to allow a temporary vacancy in 
an office to be filled by vote of the committee until appointment by the 
chairman of the board occurs; to clarify that the committee is prohibited from 
holding an executive session (closed meeting) for any reason; and to clarify 
that the committee and its members may not participate in legislative activity 
in the name of the board, the department, or the committee except with certain 
approval. These changes will clarify procedures for the committee and emphasize 
the advisory nature of the committee. 
Kathleen Hamilton, Acting Bureau Chief, Bureau of Children's Health, has 
determined that for each of the first five years the proposed section is in 
effect, there will be no new fiscal implications for state or local governments 
as a result of enforcing or administering this section. 
Ms. Hamilton 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 better information and advice provided to the board and the 
department on the issues addressed by the advisory committee and clarification 
of the role and procedures of the committee. There will no effect on small 
businesses. There are no economic costs to persons who are required to comply 
with the section as proposed. There will be no effect on local employment. 
Comments may be submitted to Georgia Allen, Bureau of Children's Health, Texas 
Department of Health, 1100 West 49th Street, Austin, Texas 78756, (512) 458-
3015. Comments on the proposed section will be accepted for 30 days following 
publication in the Texas Register. 
The amendment is proposed under the Health and Safety Code, sec.11.016, which 
allows the board to establish advisory committees; the Government Code, Chapter 
2110, which sets standards for the evaluation of advisory committees by the 
agencies for which they function; and the Health and Safety Code, sec.12.001, 
which provides the board with authority to adopt rules for the performance of 
every duty imposed by law upon the board, the department, and the commissioner 
of health. 
The amendment affects the Health and Safety Code, Chapter 11, and the Government 
Code, Chapter 2110. 

sec.38.18. Children with Special Health Care Needs Advisory Committee. 
(a) The committee. 
<nl>(1)<ol> The Children with Special Health Care Needs Advisory Committee 
(committee) shall be appointed under and governed by this section. 
<nl>(2)<ol> The committee is established under the Health and Safety Code, 
sec.11.016 which allows the Texas Board of Health (board) to establish advisory 
committees. 
(b) Applicable law. The committee is subject to <nl>the Government Code, Chapter 
2110<ol> [Texas Civil Statutes, Article 6252-33], concerning state agency 
advisory committees. 
(c) Purpose. The purpose of the committee is to provide advice to the 
<nl>board<ol> [Texas Board of Health (board)] in the area of developing 
comprehensive systems of health care for children with special health care needs 
and their families. 
(d) Tasks. 
(1) The committee shall advise the board concerning rules relating to the 
Chronically Ill and Disabled Children's Services (CIDC) Program and any other 
programs administered by the <nl>Texas Department of Health (department) <ol> 
[department] that provide services to children with special health care needs. 
(2) The committee <nl>will assist the department and the board to<ol> [shall] 
promote the development of systems of care for all children with special health 
care needs consistent with Social Security Act, Title V, by participating in 
long range planning activities including: 
(A)-(B) (No change.) 
(3) (No change.) 
(e) Committee abolished. <nl>By January 1, 2003, the board will initiate and 
complete a review of the committee to determine whether the committee should be 
continued, consolidated with another committee, or abolished. If the committee 
is not continued or consolidated, the committee shall be abolished on that 
date.<ol> [The committee shall be automatically abolished on January 1, 1999.]
(f) Composition. The committee shall be composed of 18 members.
(1) The composition of the committee shall include <nl>six <ol> [nine] consumer 
representatives<nl>, three special health care needs representatives,<ol> and 
nine nonconsumer representatives.
(A) (No change.)
<nl>(B)<ol> Special health care needs representatives include family members of 
children with special health care needs or adults with disabilities. The family 
members or adults may also be service providers.
<nl>(C)<ol> [B] Nonconsumer members include service providers for children with 
special health care needs who are enrolled as CIDC or Medicaid providers, 
representatives of professional associations whose members provide services to 
children with special health care needs and their families, representatives from 
institutions of higher education with expertise in public health and children 
with special health care needs, and other service providers who deliver services 
to children with special health care needs. <nl>Nonconsumer members may also be 
family members of children with special health care needs or adults with 
disabilities.<ol>
(2) (No change.) 
<nl>(3)<ol> If the composition of the committee as it existed on December 31, 
1998, is changed under this section, existing members shall continue to serve 
until the board appoints members under the new composition. 
(g) Terms of office. The term of office of each member shall be six years. 
(1) Members shall be appointed for staggered terms so that the terms of six 
members will expire on December 31st of each even-numbered year [beginning in 
1996]. 
(2) (No change.) 
(h) Officers. The <nl>chairman of the board<ol> [committee] shall 
<nl>appoint<ol> [elect] a presiding officer and an assistant presiding officer 
<nl>to begin serving on January 1 of each odd-numbered year<ol> [at its first 
meeting after August 31st of each year]. 
(1) Each officer shall serve <nl>until December 31st of each even-numbered year. 
Each officer may holdover until his or her replacement is appointed by the 
chairman of the board<ol> [until the next regular election of officers]. 
(2)-(3) (No change.) 
(4) A vacancy which occurs in the offices of presiding officer or assistant 
presiding officer may be filled <nl>temporarily by vote of the committee until 
appointment by the chairman of the board occurs<ol> [at the next committee 
meeting]. 
(5)-(6) (No change.) 
<nl>(7)<ol> The presiding officer and assistant presiding officer serving on 
January 1, 1999, will continue to serve until the chairman of the board appoints 
their successors, which will be not earlier than September 1, 1999. 
(i) Meetings. The committee shall meet only as necessary to conduct committee 
business. 
(1)-(2) (No change.) 
(3) <nl>The committee is not a "governmental body" as defined in the Open 
Meetings Act. However, in order to promote public participation, each<ol> [Each] 
meeting of the committee shall be announced and conducted in accordance with the 
Open Meetings Act, Texas Government Code, Chapter 551<nl>, with the exception 
that the provisions allowing executive sessions shall not apply<ol>. 
(4)-(7) (No change.) 
(j) Attendance. Members shall attend committee meetings as scheduled. Members 
shall attend meetings of subcommittees to which the members are assigned. 
(1)-(3) (No change.) 
[(4) The attendance records of the members shall be reported to the board. The 
report shall include attendance at committee and subcommittee meetings.] 
(k) (No change.) 
(l) Procedures. Roberts Rules of Order, Newly Revised, shall be the basis of 
parliamentary decisions except where otherwise provided by law or rule. 
(1)-(3) (No change.) 
(4) The committee shall make decisions in the discharge of its duties without 
discrimination based on any person's race, creed, <nl> gender<ol> [sex], 
religion, national origin, age, physical condition, or economic status. 
(5) (No change.) 
(m) (No change.) 
(n) Statement by members. 
<nl>(1)<ol> The board, the department, and the committee shall not be bound in 
any way by any statement or action on the part of any committee member except 
when a statement or action is in pursuit of specific instructions from the 
board, department, or committee. 
<nl>(2)<ol> The committee and its members may not participate in legislative 
activity in the name of the board, the department, or the committee except with 
approval through the department's legislative process. Committee members are not 
prohibited from representing themselves or other entities in the legislative 
process. 
(o) Reports to board. The committee shall file an annual written report with the 
board. 
(1) The report shall list the meeting dates of the committee and any 
subcommittees, the attendance records of its members, a brief description of 
actions taken by the committee, a description of how the committee has 
accomplished the tasks given to the committee by the board, the status of any 
rules which were recommended by the committee to the board, <nl>and<ol> 
anticipated activities of the committee for the next year[, and any amendments 
to this section requested by the committee]. 
(2)-(3) (No change.) 
(p) Reimbursement for expenses. In accordance with the requirements set forth in 
<nl>the Government Code, Chapter 2110<ol> [Texas Civil Statutes, Article 6252-
33], a committee member may receive reimbursement for the member's expenses 
incurred for each day the member engages in official committee business <nl>if 
authorized by the General Appropriations Act or the budget execution 
process<ol>. 
(1)-(5) (No change.) 
[(q) Effective date. This section shall become effective on January 1, 1995.] 
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 September 11, 1998.
TRD-9814450
Susan K. Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: October 25, 1998
For further information, please call: (512) 458-7236

CHAPTER 49. Oral Health Improvement Services Program
25 TAC sec.49.16
The Texas Department of Health (department) proposes an amendment to sec.49.16 
concerning the Oral Health Services Advisory Committee. The committee provides 
advice to the Texas Board of Health (board) on matters relating to the operation 
of the state dental program and the Texas Health Steps (EPSDT) dental program, 
and to assist those programs and others in the department that require 
professional dental expertise.
In 1993, the Texas Legislature passed Senate Bill 383 (now codified in the 
Government Code, Chapter 2110) which requires that each state agency adopt rules 
to establish advisory committees that state the purpose of each committee, 
describe the composition of the committee, describe the tasks of the committee, 
describe the manner in which the committee will report to the agency, and 
establish a date on which the committee will be automatically be abolished 
unless the governing body of the agency affirmatively votes to continue to the 
committee in existence. 
In 1995, the board established rules relating to the Oral Health Services 
Advisory Committee. The rules stated that the committee would be automatically 
abolished on January 1, 1999. The board has now reviewed and evaluated the 
committee and has determined that the committee should continue in existence 
until January 1, 2003. 
The section amends provisions relating to the operation of the committee. 
Specifically language is revised to state that the committee is established 
under the Health and Safety Code, sec.11.016 which allows the board to establish 
advisory committees; to reference the Government Code; to require the presiding 
officer and the assistant presiding officer of the committee to be selected by 
the chairman of the board for a period of two years; to allow a temporary 
vacancy in an office be filled by vote of the committee until appointment by the 
chairman of the board occurs; to clarify that the committee is prohibited from 
holding an executive session (closed meeting) for any reason; to clarify that 
the committee and its members may not participate in legislative activity in the 
name of the board, the department, or the committee except for certain approval. 
These changes will clarify procedures for the committee and emphasize the 
advisory nature of the committee. 
Kathleen Hamilton, Acting Bureau Chief, Bureau of Children's Health, has 
determined that for the first five years the proposed section is in effect, 
there will be no new fiscal implications for state or local governments as 
result of enforcing or administering this section. 
Ms. Hamilton 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 better information and advice provided to the board and the 
department on the issues addressed by the advisory committee and clarification 
of the role and procedures of the committee. There will no effect on small 
businesses. There are no economic costs to persons who are required to comply 
with the section as proposed. There will be no effect on local employment. 
Comments may be submitted to Jerry Felkner, D.D.S., M.P.H., Director, Oral 
Health Division, Texas Department of Health, 1100 West 49th Street, Austin, 
Texas 78756, 512/458-7323. Comments on the proposed section will be accepted for 
30 days following publication in the Texas Register.
The amendment is proposed under the Health and Safety Code, sec.11.016, which 
allows the board to establish advisory committees; the Government Code, Chapter 
2110, which sets standards for the evaluation of advisory committees by the 
agencies for which they function; and the Health and Safety Code, sec.12.001, 
which provides the board with authority to adopt rules for the performance of 
every duty imposed by law upon the board, the department, and the commissioner 
of health. 
This amendment affects the Health and Safety Code, Chapter 11, and the 
Government Code, Chapter 2110. 

sec.49.16. Oral Health Services Advisory Committee. 
(a) The committee. An advisory committee shall be appointed under and governed 
by this section. 
(1) (No change.)
(2) <nl>The committee is established under the Health and Safety Code, 
sec.11.016, which allows the Texas Board of Health (board) to establish advisory 
committees.<ol> [The Health and Safety Code sec.43.015, allows the Texas Board 
of Health (board) to establish the committee.]
(b) Applicable law. The committee is subject to <nl>the Government Code, Chapter 
2110<ol> [Texas Civil Statutes, Article 6252-33], concerning state agency 
advisory committees. 
(c) Purpose. The purpose of the committee is to provide advice to the board on 
matters relating to operation of the state dental program and the <nl>Texas 
Health Steps<ol> [EPSDT] dental program, and to assist those programs and others 
in the department that require professional dental expertise. 
(d) Tasks. 
(1) The committee shall advise the board concerning rules relating to operation 
of the state dental program and the <nl>Texas Health Steps<ol> [EPSDT] dental 
program. 
(2) The committee shall perform the following duties:
(A) (No change.) 
(B) act as a liaison between the dental profession of Texas and the state and 
<nl>Texas Health Steps<ol> [EPSDT] dental programs; 
(C) increase participation in the state and <nl>Texas Health Steps<ol> [EPSDT] 
dental programs among Texas dentists; 
(D) advise/recommend items for improving the operation of the state and 
<nl>Texas Health Steps<ol> [EPSDT] dental programs;
(E)-(F) (No change.) 
(3) (No change.) 
(e) Review and duration. By January 1, <nl>2003<ol> [1999], the board will 
initiate and complete a review of the committee to determine whether the 
committee should be continued, consolidated with another committee, or 
abolished. If the committee is not continued or consolidated, the committee 
shall be abolished on that date. 
(f) (No change.) 
(g) Terms of office. The term of office of each member shall be six years. 
(1) Members shall be appointed for staggered terms so that the terms of a 
substantially equivalent number of consumer and nonconsumer members will expire 
on December 31 of each even-numbered year[, beginning in 1996]. 
(2) (No change.) 
(h) Officers. The <nl>chairman of the board<ol> [committee] shall 
<nl>appoint<ol> [elect] a presiding officer and an assistant presiding officer 
<nl>to begin serving on January 1 of each odd-numbered year<ol> [at its first 
meeting after August 31 of each year]. 
(1) Each officer shall serve <nl>until December 31st of each even-numbered year. 
Each officer may holdover until his or her replacement is appointed by the 
chairman of the board<ol> [until the next regular election of officers]. 
(2)-(3) (No change.) 
(4) A vacancy which occurs in the offices of presiding officer or assistant 
presiding officer may be filled <nl>temporarily by vote of the committee until 
appointment by the chairman of the board occurs<ol> [at the next committee 
meeting]. 
(5)-(6) (No change.) 
<nl>(7)<ol> The presiding officer and assistant presiding officer serving on 
January 1, 1999, will continue to serve until the chairman of the board appoints 
their successors, which will be not earlier than September 1, 1999. 
(i) Meetings. The committee shall meet only as necessary to conduct committee 
business. 
(1)-(2) (No change.) 
(3) <nl>The committee is not a "governmental body" as defined in the Open 
Meetings Act. However, in order to promote public participation, each<ol> [Each] 
meeting of the committee shall be announced and conducted in accordance with the 
Open Meetings Act, Texas Government Code, Chapter 551<nl>, with the exception 
that the provisions allowing executive sessions shall not apply<ol>. 
(4)-(7) (No change.) 
(j) Attendance. Members shall attend committee meetings as scheduled. Members 
shall attend meetings of subcommittees to which the members are assigned. 
(1)-(3) (No change.) 
[(4) The attendance records of the members shall be reported to the board. The 
report shall include attendance at committee and subcommittee meetings.] 
(k)-(m) (No change.) 
(n) Statement by members. 
<nl>(1)<ol> The board, the department, and the committee shall not be bound in 
any way by any statement or action on the part of any committee member except 
when a statement or action is in pursuit of specific instructions from the 
board, department, or committee. 
<nl>(2)<ol> The committee and its members may not participate in legislative 
activity in the name of the board, the department, or the committee except with 
approval through the department's legislative process. Committee members are not 
prohibited from representing themselves or other entities in the legislative 
process. 
(o) Reports to board. The committee shall file an annual written report with the 
board. 
(1) The report shall include: 
(A)-(D) (No change.) 
(E) the status of any rules which were recommended by the committee to the 
board; <nl>and<ol> 
(F) anticipated activities of the committee for the next year[; and] 
[(G) any amendments to this section requested by the committee]. 
(2)-(3) (No change.) 
(p) Reimbursement for expenses. In accordance with the requirements set forth in 
<nl>the Government Code, Chapter 2110<ol> [Texas Civil Statutes, Article 6252-
33], a committee member may receive reimbursement for the member's expenses 
incurred for each day the member engages in official committee business <nl>if 
authorized by the General Appropriations Act or the budget execution 
process<ol>. 
(1)-(5) (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 September 11, 1998.
TRD-9814454
Susan K. Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: October 25, 1998
For further information, please call: (512) 458-7236

CHAPTER 56. Family Planning
SUBCHAPTER A. Program Information
25 TAC sec.56.104
The Texas Department of Health (department) proposes an amendment to sec.56.104 
concerning the Family Planning Advisory Committee (committee). The committee 
provides advice to the Texas Board of Health (board) and the department in the 
area of comprehensive family planning services. The committee process affords 
the opportunity for participation in the development, implementation, and 
evaluation of the program by persons broadly representative of all significant 
elements of the population to be served, and by persons in the community 
knowledgeable about the needs for family planning services.
In 1993, the Texas Legislature passed Senate Bill 383 (now codified in the 
Government Code, Chapter 2110) which requires that each state agency adopt rules 
to establish advisory committees. The rules must state the purpose of each 
committee, state the composition of the committee, describe the tasks of the 
committee, describe the manner in which the committee will report to the agency, 
and establish a date on which the committee will be automatically abolished 
unless the governing body of the agency affirmatively votes to continue the 
committee in existence. 
In 1995, the board established a rule relating to the Family Planning Advisory 
Council. The rule states that the committee will automatically be abolished on 
January 1, 1999. The board has now reviewed and evaluated the committee and has 
determined that the committee should continue into existence until January 1, 
2003. 
This section amends provisions relating to the operation of the committee. 
Specifically, the name of the committee is revised and language is revised to 
state that the committee is established under the Health and Safety Code, 
sec.11.016 which allows the board to establish advisory committees; to reference 
the Government Code; to make it clear that the purpose of the committee is to 
provide advice to the board; to address changes to the composition of the 
committee by adding an additional consumer member; to require that the presiding 
officer and the assistant presiding officer of the committee will be selected by 
the chairman of the board for a term of two years; to allow a temporary vacancy 
in an office to be filled by vote of the committee until appointment by the 
chairman of the board occurs; to clarify that the committee is prohibited from 
holding an executive session (closed meeting) for any reason; to establish the 
federally required advisory committee on educational and informational material 
as a subcommittee of the Family Planning Advisory Committee; and to clarify that 
the committee and its members may not participate in legislative activity in the 
name of the board, the department, or the committee except with certain 
approval. These changes will clarify procedures for the committee and emphasize 
the advisory nature of the committee. 
Mike Montgomery, Chief, Bureau of Clinical and Nutrition Services, has 
determined that for each year of the first five years the proposed section is in 
effect, there will be fiscal implications as a result of enforcing or 
administering this section. Since the committee membership will increase by one 
person, additional travel reimbursement may occur if the person chooses to 
receive reimbursement. This committee is authorized to receive reimbursement for 
travel expenses under the General Appropriations Act. The additional cost will 
be an estimated maximum of $1400 per year for state government. There will be no 
fiscal implications for local governments. 
Mr. Montgomery 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 better information and advice provided to the 
board and the department on the issues addressed by the advisory committee and 
clarification of the role and procedures of the committee. There will no effect 
on small businesses. There are no economic cost to persons who are required to 
comply with the section as proposed. There will be no effect on local 
employment. 
Comments may be submitted to Shannon N. Walton, MSSW, Bureau of Clinical and 
Nutrition Services, Texas Department of Health, 1100 West 49th Street, Austin, 
Texas 78756, 512/458-7444 ext. 2051. Comments on the proposed section will be 
accepted for 30 days following publication in the Texas Register. 
The amendment is proposed under the Health and Safety Code, sec.11.016, which 
allows the board to establish advisory committees; the Government Code, Chapter 
2110, which sets standards for the evaluation of advisory committees by the 
agencies for which they function; and the Health and Safety Code, sec.12.001, 
which provides the board with authority to adopt rules for the performance of 
every duty imposed by law upon the board, the department, and the commissioner 
of health. 
The amendment affects the Health and Safety Code, Chapter 11, and the Government 
Code, Chapter 2110. 

sec.56.104. Family Planning Advisory <nl>Committee<ol> [Council].
(a) The committee. An advisory committee shall be appointed under and governed 
by this section. 
(1) The name of the committee shall be Family Planning Advisory <nl> 
Committee<ol> [Council]. 
<nl>(2)<ol> The committee is established under the Health and Safety Code, 
sec.11.016 which allows the Board of Health (board) to establish advisory 
committees. 
<nl>(3)<ol> [2] The committee shall <nl> comply with the requirements<ol> [meet 
the intent] of 42 United States Code <nl>sec.300a-4<ol> [300, et seq.], 42 Code 
of Federal Regulations sec.59.6, and the Title X Program Guidelines for Project 
Grants for Family Planning Services <nl>by appointment of a subcommittee to 
review and approve informational and educational materials developed or made 
available under Title X of the Public Health Service Act<ol>. 
(b) Applicable law. The committee is subject to <nl>the Government Code, Chapter 
2110<ol> [Texas Civil Statutes, Article 6252-33], concerning state agency 
advisory committees. 
(c) (No change.) 
(d) Tasks. 
(1) (No change.) 
(2) The committee shall advise the board concerning rules relating to the family 
planning program under Titles V, [X], XIX, and XX <nl>of the Social Security Act 
and Title X of the Public Health Service Act<ol>. 
(3) (No change.) 
(e) Committee abolished. <nl>By January 1, 2003, the board will initiate and 
complete a review of the committee to determine whether the committee should be 
continued, consolidated with another committee, or abolished. If the committee 
is not continued or consolidated, the committee shall be abolished on that 
date.<ol> [The committee shall be automatically abolished on January 1, 1999.] 
(f) Composition. The committee shall be composed of <nl>15 <ol> [14] members. 
(1) The composition of the committee shall include <nl>five <ol> [four] family 
planning consumer representatives and ten professional representatives. The 
composition of the committee shall reflect the diversity of the state's citizens 
and consumers, with regard to ethnicity, race, age, gender, residence, and 
economic status. Each member shall represent this diversity on behalf of all the 
citizens of the state in all the committee's deliberations and decisions, not 
simply represent a narrowly defined constituency.
(2) The members of the committee shall be appointed by the board as follows: 
(A) <nl>five<ol> [four] family planning consumers, with at least one male 
representative; and 
(B) (No change.) 
<nl>(3)<ol> If the composition of the committee as it existed on December 31, 
1998, is changed under this section, existing members shall continue to serve 
until the board appoints members under the new composition. 
(g) Terms of office. The term of office of each member shall be six years, 
except for the Regional Coordinating Committee Chairperson, who shall be 
appointed for a two-year term. 
(1) Members shall be appointed for staggered terms so that the terms of members 
shall expire on December 31 of each even-numbered year[, beginning in 1996. In 
1996, five members' terms shall expire and five new members shall be appointed. 
In 1998, five members' terms shall expire and five new members shall be 
appointed. In 2000, four members' terms shall expire and four new members shall 
be appointed].
(2) (No change.) 
(h) Officers. The <nl>chairman of the board<ol> [committee] shall 
<nl>appoint<ol> [elect] a presiding officer and an assistant presiding officer 
<nl>to begin serving on January 1 of each odd-numbered year<ol> [at its first 
meeting of each calendar year].
(1) Each officer shall serve <nl>until December 31st of each even-numbered year. 
Each officer may holdover until his or her replacement is appointed by the 
chairman of the board<ol> [until the next regular election of officers]. 
(2)-(3) (No change.) 
(4) A vacancy which occurs in the offices of presiding officer or assistant 
presiding officer may be filled <nl>temporarily by vote of the committee until 
appointment by the chairman of the board occurs<ol> [at the next committee 
meeting]. 
(5)-(6) (No change.) 
<nl>(7)<ol> The presiding officer and assistant presiding officer serving on 
January 1, 1999, will continue to serve until the chairman of the board appoints 
their successors, which will be not earlier than September 1, 1999. 
(i) Meetings. The committee shall meet at least semiannually to conduct 
committee business. 
(1)-(2) (No change.) 
(3) <nl>The committee is not a "governmental body" as defined in the Open 
Meetings Act. However, in order to promote public participation, each<ol> [Each] 
meeting of the committee shall be announced and conducted in accordance with the 
Open Meetings Act, Texas Government Code, Chapter 551<nl>, with the exception 
that the provisions allowing executive sessions shall not apply<ol>. 
(4)-(7) (No change.) 
(j) Attendance. Members shall attend committee meetings as scheduled. Members 
shall attend meetings of subcommittees to which the members are assigned. 
(1)-(3) (No change.) 
[(4) The attendance records of the members shall be reported to the board. The 
report shall include attendance at committee and subcommittee meetings]. 
(k)-(l) (No change.) 
(m) Subcommittees. The committee may establish subcommittees as necessary to 
assist the committee in carrying out its duties. 
(1)-(4) (No change.) 
<nl>(5)<ol> The committee shall appoint a subcommittee to review and approve 
Title X informational and educational material as required by federal law. 
(n) Statement by members. 
<nl>(1)<ol> The board, the department, and the committee shall not be bound in 
any way by any statement or action on the part of any committee member except 
when a statement or action is in pursuit of specific instructions from the 
board, department, or committee. 
<nl>(2)<ol> The committee and its members may not participate in legislative 
activity in the name of the board, the department, or the committee except with 
approval through the department's legislative process. Committee members are not 
prohibited from representing themselves or other entities in the legislative 
process. 
(o) Reports to board. The committee shall file an annual written report with the 
board. 
(1) The report shall list the meeting dates of the committee and any 
subcommittees, the attendance records of its members, a brief description of 
actions taken by the committee, a description of how the committee has 
accomplished the tasks given to the committee by the board, the status of any 
rules which were recommended by the committee to the board, <nl>and<ol> 
anticipated activities of the committee for the next year[, and any amendments 
to this section requested by the committee]. 
(2)-(3) (No change.) 
(p) Reimbursement for expenses. In accordance with the requirements set forth in 
<nl>the Government Code, Chapter 2110<ol> [Texas Civil Statutes, Article 6252-
33], a committee member may receive reimbursement for the member's expenses 
incurred for each day the member engages in official committee business <nl>if 
authorized by the General Appropriations Act or budget execution process<ol>. 
(1)-(5) (No change.) 
[(q) Effective date. This section shall become effective on January 1, 1995.] 
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 September 11, 1998.
TRD-9814456
Susan K. Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: October 25, 1998
For further information, please call: (512) 458-7236

CHAPTER 157. Emergency Medical Care
SUBCHAPTER C. Emergency Medical Services Training and Course Approval
25 TAC sec.157.40
The Texas Department of Health (department) proposes new sec.157.40, concerning 
the emergency medical services (EMS) licensure of paramedics. This new section 
is a result of House Bill 1407, 75th Legislative Session, 1997, which required 
the department to establish a program to allow persons to become licensed 
paramedics. This new level of EMS personnel will encourage paramedics to improve 
their education level by the requirement of college level course work and 
enhance their assessment skills and judgement. The new section is needed to 
clarify the phase-in process of the licensing requirements for the licensed 
paramedic designation. 
Gene Weatherall, Bureau of Emergency Management, has determined that for each 
year of the first five years the section is in effect, there will be fiscal 
implication to state government as a result of administering the section as 
proposed. The effect on state government will be an estimated increase in 
revenue to the state of approximately $7,238 per year as a result of proposed 
fee increase. It is estimated that cost to the state to administer the new 
provision will be a one-time cost of $28,000 for increased computer programming. 
There will be no impact on local government. 
Mr.Weatherall has determined that for each year of the first five years the 
public benefit from enforcing the section will be the advanced educational 
standards for the licensed paramedic. The cost to individuals will be $100 for a 
four-year license. There will be no impact on local employment or on small 
business. 
Comments on the proposed rule may be submitted to Gene Weatherall, Chief, Bureau 
of Emergency Management, 1100 West 49th Street, Austin, Texas 78756, (512)834-
6700. Comments will be accepted for 30 days following publication of this rule 
in the Texas Register. A public hearing will be held Friday, October 9, 1998, 
9:00 am - noon, in room K-100 at the Texas Department of Health, 1100 West 49th 
Street, Austin, Texas.
The new section is proposed under Health and Safety Code, Chapter 773, which 
provides the Board of Health (board) with the authority to adopt rules to 
implement the Emergency Medical Services Act; and sec.12.001, which provides the 
board with the authority to propose rules for the performance of every duty 
imposed by law on the board, the department, and the Commissioner of Health.
The new section affects Health and Safety Code, Chapter 773, sec.sec.773.003, 
773.0495, 773.055 and 773.064, and Health and Safety Code sec.12.001. 

sec.157.40. Paramedic Licensure.
(a) Application Requirements for paramedic licensure. 
(1) From the effective date of this section through August 31, 2002, a currently 
certified paramedic may apply for a paramedic license if the candidate has met 
at least one of the following requirements: 
(A) at least 60 hours of college credit which includes the Academic Core 
Curricula as defined by the Texas Higher Education Coordinating Board; 
(B) an associate degree; 
(C) a baccalaureate degree; or 
(D) a post graduate degree; 
(2) This section shall not be interpreted as limiting the authority of a 
regionally accredited college or university to grant academic credit for non-
traditional educational experiences to persons who are able to demonstrate 
competence through examination or other methods consistent with institutional 
policy and procedure. 
(3) Beginning September 1, 2002, a currently certified paramedic may apply for a 
paramedic license if the candidate has at least one of the following 
requirements: 
(A) an associate degree in emergency medical services (EMS);
(B) a baccalaureate degree; or 
(C) a post graduate degree. 
(b) Process for those applying for a paramedic license. A candidate for 
licensure under this section shall: 
(1) be at least 18 years of age; 
(2) submit an application and a nonrefundable fee, if applicable, of $100; 
(3) submit proof of having completed an Advanced Cardiac Life Support Course 
within the previous two years; 
(4) have completed a Texas Department of Health (department) approved paramedic 
course. If the candidate is not currently certified as an paramedic, the 
candidate shall submit a paramedic course completion certificate;
(5) have met the appropriate requirements in subsection (a) of this section; 
(6) submit a certified copy of a transcript from an accredited college or 
university; 
(7) achieve a passing grade on the department's written examination or in lieu 
of the state exam, pass the National Registry examination, if the candidate is 
not currently certified as an paramedic; and 
(8) complete the department's examination within six months of the course 
completion date: 
(A) one retest may be taken within six months of the course completion date if 
the candidate fails to pass the written exam; and 
(B) a fee of $25 shall accompany the request for a retest.
(c) Examination scheduling. The department has final authority for scheduling 
all examination sessions. 
(1) Examinations shall be administered at regularly scheduled times in regional 
test centers. 
(2) The candidate shall make appropriate arrangements for the examination. 
(3) The department is not required to set special examination schedules for a 
single candidate or for a specific group of candidates. 
(d) Verification of information. After verification by the department of the 
information submitted by the candidate, a candidate who meets the requirements 
shall be licensed for a period of four years from the effective date. 
(1) The license is not transferable. A wallet-size copy of the license shall be 
issued and carried by the licensee while on EMS duty.
(2) Duplicate copies of the license and wallet-size copy may be issued to 
replace lost credentials for a fee of $5.00. 
(e) A licensed paramedic may not hold a department EMS certificate except for 
that of EMS coordinator, EMS examiner or EMS instructor. 
(f) Continuing education (CE) hours. During the four-year licensure period, each 
licensee shall complete at least the following minimum number of contact hours 
of approved CE to be eligible for renewal of a license. Licensees shall accrue 
at least one-half of the required number of hours in the first two years of the 
licensure period. 
(1) Licensed paramedics are required to complete 96 hours to be eligible for 
renewal of their license. 
(2) Employers and/or medical directors may require licensees under their 
supervision to complete additional requirements. 
(g) CE subject areas. CE hours shall be accrued within one or more of the 
following medical subject areas: 
(1) patient assessment and management; 
(2) cardiac disorders; 
(3) pulmonary disorders; 
(4) endocrine disorders; 
(5) neurological disorders; 
(6) other medical disorders; 
(7) behavioral disorders; 
(8) obstetrics/gynecology; 
(9) pediatrics; 
(10) geriatrics; 
(11) trauma; or 
(12) protocols. 
(h) Renewal. 
(1) Prior to the expiration of a license, the department shall mail a notice of 
expiration by United States mail or electronic mail to the licensee at the 
address shown in current records of the Bureau of Emergency Management (bureau). 
It is the responsibility of the licensed paramedic to notify the bureau of any 
change of address including an electronic address if one was listed on the 
original application. 
(2) If a licensed paramedic has not received notice of expiration from the 
department 45 days prior to the expiration of the license, it is the duty of the 
license holder to notify the department and request an application for renewal 
of the license. Failure to apply for renewal of the license shall result in 
expiration of the license. 
(3) An application for renewal of a license shall be submitted and all 
requirements for renewal of the license shall be completed no later than the 
expiration date of the most recent license. 
(4) A licensed paramedic shall meet the following requirements for renewal of 
the license: 
(A) complete within the previous four years the number of approved CE hours for 
the licensed paramedic as required in subsection (f) of this section within one 
or more of the medical subject areas listed in subsection (g) of this section 
and submit a CE summary form listing the completed hours;
(B) submit an application for renewal of the license to the department along 
with the appropriate nonrefundable fee as required in subsection (b)(2) of this 
section; 
(C) achieve a passing grade on the department's written examination or in lieu 
of the state exam, pass the National Registry examination; 
(D) complete the examination no later than three months after the current 
license expiration date; 
(i) one retest may be taken no later than three months after the current license 
expiration date if the candidate fails the written exam;
(ii) a fee of $25 shall accompany the request for a retest; and 
(iii) the National Registry examination may be taken in lieu of the department's 
retest. 
(E) completion of the process in this paragraph establishes eligibility for 
licensure renewal only. Other requirements may be levied by an employer and/or 
medical director as a condition of employment/volunteering.
(5) After verification by the department of the information submitted, the 
license will be renewed or inactive status will be initiated, whichever is 
appropriate, for four years beginning on the day following the expiration date 
of the license. A new wallet-size card signed by department officials shall be 
issued. 
(i) Late renewal of a license. An application for renewal of a license shall be 
considered late if the application and nonrefundable fee, if appropriate, are 
received after, but no later than three months after, the license has expired, 
and/or all requirements for licensure shall continue during the three months 
following the expiration date. 
(1) Late applications shall be accompanied by a late fee of $25 in addition to 
the regular fee. 
(2) Persons who do not complete the relicensure process by three months 
following their expiration date are not licensed. 
(j) Inactive status. A licensed paramedic may make application to the department 
for inactive status at any time during or within three years after the license 
expiration date, if the license can be verified by the department and/or 
training institution records. 
(1) If the request is made to change a current license to an inactive status, 
there is no fee. 
(2) The initial inactive status period shall remain in effect until the end of 
the current license period for those candidates who are currently licensed and 
shall be renewable every four years thereafter. The candidate shall submit an 
application and the full fee as stated in subsection (b)(2) of this section. 
(3) The initial inactive status period shall remain in effect for four years 
from the date of issuance for those candidates not currently licensed. 
(4) While on inactive status a person shall not provide patient care as that of 
certified or licensed personnel and may only act as a bystander. Failure to 
comply shall be cause for revocation of the inactive status license and may 
cause denial of future applications for licensure.
(k) Reentry. Reentry is the process for regaining EMS licensure after a period 
of inactive status, or when an application for renewal is postmarked and/or the 
requirements for relicensure are met more than three months after the expiration 
of the license. 
(1) To reenter from inactive status the candidate shall: 
(A) complete a department-approved formal paramedic refresher course; 
(B) submit an application and nonrefundable fee as required in subsection (b)(2) 
of this section, in addition to a late fee as in subsection (i)(1) of this 
section; 
(C) pass the department's written examination, or in lieu of the state exam, 
pass the National Registry examination; and 
(D) all reentry requirements shall be completed no later than six months after 
the application date. 
(2) To reenter after a license has expired, the candidate shall: 
(A) apply within the department's record retention requirements for the prior 
license, which is no later than three years past the license expiration; 
(B) have completed, within the previous four years, the number of approved CE 
hours for the licensed paramedic as required in subsection (f) of this section 
within one or more of the subject areas listed in subsection (g) of this section 
and submit a CE summary form listing the completed hours;
(C) submit an application for relicensure and the nonrefundable fee as required 
in subsection (b)(2) of this section; in addition to the late fee as in 
subsection (i)(1) of this section; and 
(D) pass the department's written examination, or in lieu of the state exam, 
pass the National Registry examination, no later than six months after the 
application date. 
(l) Reciprocity. A person currently certified by the National Registry and/or 
certified or licensed as a paramedic in another state and who meets all the 
requirements of this section may apply for licensure by submitting an 
application and a fee of $100. 
(1) After the department evaluates the application, verifies the licensure and 
assures that the requirements in subsection (b) of this section have been met, 
the candidate will be licensed in Texas for four years from the issuance date of 
the current Texas licensure. 
(2) Prior to the expiration of the Texas license the candidate shall: 
(A) complete the CE hours required by subsection (f) of this section; 
(B) submit a completed paramedic license application, a nonrefundable fee as in 
subsection (b)(2) of this section; and a CE summary form listing the required 
number of CE hours; 
(C) pass the department's written examination; 
(i) one retest may be taken no later than three months following the current 
licensure date if the candidate does not pass the written exam;
(ii) a fee of $25 shall accompany the request for a retest; and 
(iii) the National Registry examination may be taken in lieu of the department's 
retest. 
(3) A candidate who does not complete the requirements for licensure within 
three months after the expiration date of the license shall meet the 
requirements of subsection (i) of this section as applicable to achieve 
licensure. 
(m) Equivalency. A candidate from outside the United States applying for a 
paramedic license shall: 
(1) submit a personnel application and a nonrefundable fee of $150; 
(2) submit a copy of the curriculum for the course completed;
(3) submit evidence of successful course completion and licensure; 
(4) complete any deficiencies identified during the curriculum review or 
completion of a department-approved paramedic refresher course;
(5) submit evidence that the requirements of this section have been met; 
(6) achieve a passing grade on the department's written examination or pass the 
National Registry examination; and 
(7) complete the examination within six months of the application date; 
(A) one retest may be taken within six months of the application date; 
(B) a fee of $25 shall accompany the request for a retest; and 
(C) the National Registry examination may be taken in lieu of the department's 
retest. 
(n) Military personnel. A certificant who fails to renew a license within three 
months of the expiration date because of active duty in the United States 
military outside the State of Texas shall have one year from the date of his 
discharge or the date of his return to Texas (whichever is first) to complete 
all requirements for relicensure. 
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 September 11, 1998.
TRD-9814455
Susan K. Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: October 25, 1998
For further information, please call: (512) 458-7236

CHAPTER 181. Vital Statistics
The Texas Department of Health (department) proposes new sec.sec.181.31 - 181.32 
and 181.41 -181.49 regarding adoption information, records received from child-
placing agencies no longer in business, and the operation of the Bureau of Vital 
Statistics (BVS) central adoption registry. These sections implement the Texas 
Family Code, Chapters 108 and 162. Effective January 1, 1998, the central 
adoption registry was transferred from the Texas Department of Protective and 
Regulatory Services to the department as directed by House Bill (HB) 1091 of the 
75th Legislature. The registry offers a mutual-consent voluntary registration 
that enables adoptees, birth parents, and biological siblings to locate each 
other without having to go through the court system or spending excessive 
amounts of time and effort through other sources. 
New sec.181.31 restates the court's requirement to send adoption information to 
the Bureau of Vital Statistics cross-referencing biological family information 
with adoptive family information. New sec.181.32 clarifies the notification 
process under the Human Resources Code, sec.42.045, so that a child-placing 
agency relinquishing its license is to notify the department where its adoption 
records shall be kept for safe-keeping. If the child-placing agency chooses to 
turn its adoption records over to the Bureau of Vital Statistics, the section 
addresses how the records shall be shipped to the Bureau of Vital Statistics and 
who has access to the non-identifying part of the record. New sec.181.32 also 
allows for updated medical and social information to be added to the closed 
child-placing agency's adoption record. New sec.sec.181.41 - 181.49 reflect the 
department's newly acquired central adoption registry program.
Richard B. Bays, Chief, Bureau of Vital Statistics, has determined that for the 
first five-year period the sections are in effect, there will be no additional 
fiscal implications as a result of administering the rules as proposed. The 
Bureau of Vital Statistics currently receives approximately $100,000 per year by 
collecting a $15 filing fee when an adoption petition is filed; a $20 filing fee 
when an adoptee, birth parent or biological sibling registers with the central 
adoption registry; and other assorted fees received from adoptees and adoptive 
parents requesting copies of redacted adoption records housed at the Bureau of 
Vital Statistics. The cost associated with the processing and maintenance of 
defunct child-placing agency adoption records, including the need to microfilm 
the records as needed for permanent storage and the cost of administering the 
registry is mostly offset by the revenues mentioned above. There will be no 
fiscal implication for local government.
Mr. Bays has also determined that for each year of the first five years the 
sections are in effect, the public benefit anticipated by the updating of the 
requirements concerning adoption records and adoption registries will be an 
increased number of reunions between adoptees, birth parents, and siblings. This 
is partially due to the ability to conduct research into the department's vital 
records databases without unsealing the file and the ability to increase search 
parameters established by the registry's new database. There will be a small 
impact on child-placing agencies that operate their own registry stemming from 
the need to supply the central adoption registry with duplicate information of 
their registrant material, as required by law; however, the centralization of 
registrants into one database will ensure that there is minimal oversight caused 
by the decentralization of the original registry process. The anticipated 
economic cost to persons applying to the central adoption registry will be the 
$20 fee and the cost to persons filing adoption petitions will be the $15 fee. 
There will be no impact on local employment.
Comments on the proposal may be submitted to Patricia Molina, Program 
Administrator, Central Adoption Registry, Bureau of Vital Statistics, Texas 
Department of Health, P.O. Box 140123, Austin, Texas 78714-0123, (512) 458-7388, 
or via e-mail address at: Patricia.Molina@tdh.state.tx.us. Comments will be 
accepted for 60 days following publication of this proposal in the Texas 
Register.

SUBCHAPTER B. Vital Records
25 TAC sec.181.31, sec.181.32
The new sections are proposed under the Texas Family Code, sec.162.420, which 
provides the Texas Board of Health (board) with authority to make rules and 
adopt minimum standards for adoption registries; Health and Safety Code 
sec.191.003, which provides the board with the authority to adopt necessary 
rules for collecting, recording, transcribing, compiling and preserving vital 
statistics; and the Health and Safety Code, sec.12.001, which provides the board 
with authority to adopt rules for the performance of every duty imposed by law 
on the board, the department, and the commissioner of health.
These new sections affect Human Resources Code, sec.42.045, and Texas Family 
Code, sec.108.003, sec.162.006, and sec.sec.162.401 - 162.422.

sec.181.31. Minimum Requirements for Adoption Reporting. 
(a) In complying with the Texas Family Code, sec.108.003, the court that renders 
a decree of adoption shall send to the Texas Department of Health, Bureau of 
Vital Statistics a certified report of adoption on a form provided by the 
department. The clerk shall send the form not later than the 10th day of the 
first month after the month in which the court renders the adoption decree. The 
report shall include, but not be limited to, the following:
(1) the name of the adopted child after adoption;
(2) the birth date of the adopted child;
(3) the docket number of the adoption suit;
(4) the identity of the court rendering the adoption;
(5) the date of the adoption order;
(6) the name and address of each parent, guardian, managing conservator or other 
person whose consent to adoption was required or waived under the Texas Family 
Code, Chapter 159, or whose parental rights were terminated in the adoption 
suit;
(7) the identity of the licensed child placing agency, if any, through which the 
adopted child was placed for adoption; and
(8) the identity, address, and telephone number of the voluntary adoption 
registry though which the adopted child may register as an adult adoptee in 
addition to registering with the central registry.
(b) When the clerk of the court collects the $15 fee required by the Texas 
Family Code, sec.108.006(b), the clerk shall send the fee by check or money 
order to the Texas Department of Health - Bureau of Vital Statistics, P.O. Box 
12040, Austin, Texas 78711-2040. 

sec.181.32. Out-of-Business Child-Placing Agencies Records. 
(a) At or prior to the time a child-placing agency ceases to function as a 
child-placing agency, it shall notify the Texas Department of Health - Bureau of 
Vital Statistics, where its adoption records shall be kept for permanent safe-
keeping. The bureau receives notice on behalf of the Texas Department of 
Protective and Regulatory Services (PRS) so that the notice to the bureau meets 
the requirements of the Human Resources Code, sec.42.045.
(b) The bureau maintains many records of closed adoption agencies on behalf of 
PRS and is one entity a child-placing agency may designate to preserve its 
adoption records. An agency may also designate another child-placing agency to 
preserve its records.
(c) If a child-placing agency designates the bureau to house its records, the 
agency shall assume the responsibility of shipping the records to a designation 
specified by the bureau. The agency must ensure that the records are free from 
insects and rodents, and mildew-free and dry. The records shall be shipped in 
sturdy cardboard boxes (no larger than 12 inches x 15 inches) via an insured 
carrier. Each birth mother's file and the adoptive parents' file shall be 
together. The agency must provide two index cards for each adoption file, one 
that cross-references the birth mother's name with the adoptive parents' name 
and one cross-referencing the adoptive parents' names with the birth mother's 
name. Each card must include the date of birth of each child and the child's 
adoptive name. The information may also be on a word processing or spreadsheet 
document(s) compatible with the bureau's word processing software.
(d) If the child-placing agency designates the bureau to maintain and preserve 
its records, a redacted or de-identified copy of the birth and/or adoption 
record shall be prepared by the bureau for a qualified requestor under the Texas 
Family Code, sec.162.006, Right to Examine Records. Charges for copies shall be 
those allowed by the Open Records Act, Government Code, Chapter 552.
(e) If a birth parent, birth sibling or birth grandparent provides post-adoption 
medical or social information to the bureau and the bureau houses the records of 
the closed child-placing agency, the bureau shall place the information with the 
original file.
(1) Upon the request of a qualified requestor under Texas Family Code, 
sec.162.006, the information will be prepared and redacted for release to that 
person.
(2) The bureau shall locate the last known address of the adoptive parents or 
the adult adoptee and attempt to inform them of their right to examine the 
redacted or de-identified portion of the records. 
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 September 11, 1998.
TRD-9814452
Susan K. Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: October 25, 1998
For further information, please call: (512) 458-7236

SUBCHAPTER C. Central Adoption Registry
25 TAC sec.sec.181.41-181.49
The new sections are proposed under the Texas Family Code, sec.162.420, which 
provides the Texas Board of Health (board) with authority to make rules and 
adopt minimum standards for adoption registries; Health and Safety Code 
sec.191.003, which provides the board with the authority to adopt necessary 
rules for collecting, recording, transcribing, compiling and preserving vital 
statistics; and the Health and Safety Code, sec.12.001, which provides the board 
with authority to adopt rules for the performance of every duty imposed by law 
on the board, the department, and the commissioner of health.
These new sections affect Human Resources Code, sec.42.045, and Texas Family 
Code, sec.108.003, sec.162.006, and sec.sec.162.401 - 162.422.

sec.181.41. Mutual Consent Voluntary Adoption Registries. 
(a) An agency, licensed by the Texas Department of Protective and Regulatory 
Services (PRS) which applies the minimum standards and guidelines for child-
placing agencies to place children for adoption, or an association of those 
agencies, that was in existence on or before January 1, 1984, may establish or 
operate a voluntary adoption registry, but only in compliance with the Texas 
Family Code, sec.sec.162.401 - 162.422.
(b) The Bureau of Vital Statistics of the Texas Department of Health 
(department) shall operate a Central Adoption Registry in compliance with the 
Texas Family Code, sec.sec.162.401 - 162.422.
(c) An adoptee, a birth parent or a biological sibling may register with the 
registry of the agency through which the adoptee was adopted or placed for 
adoption and with the Central Adoption Registry.

sec.181.42. Adoption Information by the Courts or Child-Placing Agencies.
(a) At the time an adoption order is rendered, the district court that grants 
the adoption shall provide to the adoptive parents information provided by the 
Bureau of Vital Statistics describing the functions of voluntary adoption 
registries. If the adopted child is 14 years of age or older, the court shall 
provide the information to the child.
(b) A licensed child-placing agency shall provide to each of the adopted child's 
known biological parents, similar information when the parent signs an affidavit 
of relinquishment of parental rights, an affidavit of status of child, or an 
affidavit of waiver of interest in a child.
(c) The information shall include the right of the child or biological parent to 
refuse to participate in the registry. 

sec.181.43. Requirement to Send Duplicate Information to the Central Adoption 
Registry.
(a) An authorized voluntary adoption registry shall send to the Texas Department 
of Health - Bureau of Vital Statistics' Central Adoption Registry duplicate 
information of all registrant information the designated registry maintains in 
its registry. This includes all registrant file information.
(b) Registrant information obtained by a registry on or after March 1, 1999, 
shall be forwarded to the Central Adoption Registry by the 15th day of the 
following month after the registration application becomes active.
(c) To ensure that the Central Adoption Registry is able to catalog or list all 
registrants, agency registries shall forward a copy of all registration 
applications received any time prior to March 1, 1999, including proof of age 
and identity of each registrant, and the names, dates of birth, and places of 
birth of each person for whom the registrant is searching to the Central 
Adoption Registry by January 1, 2000. Registries may forward the applications 
earlier if they wish to do so.

sec.181.44. Inquiry through the Central Index. 
(a) The Texas Department of Health - Bureau of Vital Statistics charges a fee of 
$5.00 to adoptees, birth parents or biological siblings who inquire with the 
central index to determine if a child-placing agency that operates its own 
registry was involved in a specified adoption. The person may send the inquiry, 
along with the appropriate fee and proof of age and identity to the Texas 
Department of Health - Bureau of Vital Statistics, Central Adoption Registry 
(ZZ055), P.O. Box 140123, Austin, Texas 78714-0123 or may inquire in person at 
the Bureau of Vital Statistics, 1100 West 49th Street, Austin, Texas.
(b) Proof of age and identity is a copy of the requestor's driver's license or 
other photo identification and a copy of the birth certificate, if the 
requestor's name has changed due to marriage. If the name has been legally 
changed through a court order, a certified copy of the order shall accompany the 
request.
(c) The department shall provide the child-placing agency's name if that agency 
operates its own registry to which a person may apply. If the Central Adoption 
Registry finds inconclusive information to determine which agency handled the 
adoption, the person is entitled to apply only to the Central Adoption Registry.

sec.181.45. Registration in the Voluntary Adoption Registry System.
(a) To register with the Texas Department of Health - Bureau of Vital Statistics 
Central Adoption Registry or any other authorized registry as defined in Texas 
Family Code, sec.162.403(b), a person must comply with the following 
requirements:
(1) complete registration form (BVS - 2271);
(2) provide proof of identity, such as a copy of his or her driver's license or 
other photo identification and, if the requestor's name has changed due to 
marriage, a copy of his or her birth certificate or marriage certificate. If his 
or her name has been legally changed, a certified copy of the order shall 
accompany the registration form; and
(3) meet the eligibility requirement for registration in the Texas Family Code, 
sec.162.406.
(b) If the applicant is a male, he may register, but will not be recognized as a 
birth parent unless:
(1) the birth mother in her application to the registry names him as the 
biological father and other information on the adoptee is consistent with the 
father's claim of paternity;
(2) he was adjudicated as the biological father under Texas Family Code, Chapter 
160;
(3) he was presumed to be the biological father under Texas Family Code, Chapter 
151; or
(4) he signed a consent to adoption, affidavit of relinquishment, affidavit of 
waiver of interest in the child, or other written instrument releasing the child 
for adoption. If he signed a document or other instrument denying or refusing to 
admit paternity, he shall not be recognized as a birth parent.
(c) A registrant's application will be reviewed for acceptance or rejection and 
a determination made within 45 days after the date the application is received. 
If accepted, an application is valid for 99 years unless a shorter period is 
specified by the applicant or the registration is withdrawn.

sec.181.46. Notification of a Match and Requirements for Release of Information 
by Participating Voluntary Adoption Registries. 
(a) If the administrator of any authorized voluntary adoption registry matches a 
registrant with another registrant, each registrant shall be notified by 
certified mail, return receipt requested and delivery restricted to addressee 
only, that a match has been made.
(b) The notification must also state that the registrant:
(1) may withdraw his registration before identifying information is released;
(2) must sign a consent to disclosure;
(3) must participate in at least one hour of counseling with a social worker or 
mental health professional who has expertise in postadoption counseling to 
prepare the registrant for the reunion. A mental health professional must have 
at least a bachelor's degree from an accredited college with a major in social 
work, psychology, sociology, counseling or other related field. The mental 
health professional is not required to be licensed in the field of mental 
health, but must have expertise in postadoption counseling;
(4) must prove that the counseling requirement has been completed by requesting 
written notification from the counselor to be sent to the Central Adoption 
Registry; and
(5) provide any other information that the registry deems appropriate for the 
success of the reunion.

sec.181.47. Release of Information by all Voluntary Adoption Registries. 
(a) The administrator of any authorized adoption registry releases identifying 
information to registrants, who have not withdrawn their registrations and who 
have consented in writing to disclosure. Disclosure may include the registrant's 
information.
(b) If the registrant is a birth parent, is deceased at the time the match has 
been made, and consented to the postdeath disclosure of his or her identity at 
the time of registration or during anytime the registration was valid, 
identifying information may be released only if:
(1) each child of the deceased birth parent is an adult; or
(2) the surviving parent, guardian, managing conservator or legal custodian of 
each child has consented in writing to the release of information.
(c) If a match cannot be made because of the death of an adoptee, a birth parent 
or biological sibling who has not registered or who registered and did not agree 
to the postdeath disclosure, the Central Adoption Registry shall notify the 
affected registrant. If appropriate, the registry may disclose nonidentifying 
information concerning the circumstances of the person's death and the nature of 
the death, including whether it was genetically related.

sec.181.48. Confidentiality of Records Maintained by Each Registry.
Each authorized adoption registry shall ensure that the confidentiality of the 
records in the registry shall be maintained and may not be disclosed except in 
the manner authorized by the Texas Family Code, Chapter 162, Subchapter E.

sec.181.49. Fee Requirements for the Central Adoption Registry.
(a) Each person applying to the Central Adoption Registry shall pay a 
registration fee of $20, which includes the $5.00 fee for determining if an 
agency that operates its own registry was involved in the adoption.
(b) The registration fee shall be waived if the applicant is disabled under the 
American Disabilities Act; receiving federal assistance, i.e., food stamps; 
attending secondary school or an accredited college; or in the armed forces.
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 September 11, 1998.
TRD-9814453
Susan K. Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: October 25, 1998
For further information, please call: (512) 458-7236

TITLE 30. ENVIRONMENTAL QUALITY
PART I. Texas Natural Resource Conservation Commission
CHAPTER 285. On-Site Sewage Facilities
The Texas Natural Resource Conservation Commission (commission) proposes 
amendments to sec.285.2 and sec.285.32 and a new sec.285.8, concerning 
definitions, updating of testing criteria and permitting and maintenance 
requirements for aerobic treatment systems.
These proposed amendments will bring this chapter into conformity with House 
Bill (HB) 3059, passed by the 75th Legislature (1997), which amended Chapter 366 
of the Health and Safety Code related to on-site sewage disposal systems. HB 
3059 established that for single family residences in counties with a total 
population of less than 40,000, the regulatory authority for on-site sewage 
facilities may not condition the issuance of a permit to require the owner of an 
aerobic treatment system to have a maintenance contract. The proposed amendment 
reflects that in such situations the owner, after receiving the appropriate 
training, may either maintain the facility personally or enter into a 
maintenance contract. Also, HB 3059 modified the definition for on-site sewage 
disposal systems to allow for the use of cluster type system and expanded the 
definition of local governmental entity to allow public health districts to 
become authorized agents under this program. Finally, these amendments reflect 
the latest version of the National Sanitation Foundation International (NSF) 
criteria for the testing of proprietary treatment systems.
EXPLANATION OF PROPOSED RULE 
Proposed changes to sec.285.2, relating to Definitions, amend the definition for 
on-site sewage disposal system and local government entity to conform with the 
definition of HB 3059. In addition, each definition has been numbered to comply 
with Texas Register format changes.
Proposed new sec.285.8, relating to Maintenance Contracts, adds a section to the 
rules which addresses the limitation on when a permitting authority can require 
a maintenance contract for aerobic treatment systems.
Proposed change to sec.285.32(b)(4), related to Criteria for Sewage Treatment 
Systems, amends the existing rule to reflect the most current publication dates 
for the appropriate NSF International standards.
FISCAL NOTE 
Stephen Minick, Strategic Planning and Appropriations Division, has determined 
that for the first five years these sections as proposed are in effect there 
will be fiscal implications as a result of the administration and enforcement of 
the sections. There are no costs anticipated for state government. These rules 
will provide regulatory relief for certain private property owners, expand the 
opportunity for local regulation of on-site sewage facilities and update 
references to national testing standards for proprietary on-site wastewater 
treatment systems. By expanding the definition of local government, the rules 
will allow public health districts to operate as authorized agents of the 
commission and provide local control and management of on-site facility 
permitting and enforcement. The costs to any one local jurisdiction electing to 
operate as an authorized agent will vary on a case-by-case basis. A local 
government may assess fees to offset the costs of this program and for the 
purpose of this analysis it is assumed that fees are established at levels 
sufficient to support the program with no net costs to the local authority. 
Pursuant to the Texas Government Code, sec.2006.02, the agency has determined 
that this rule will have no adverse economic effect on small businesses because 
there will be no cost of compliance associated with implementation of this rule. 
Though there will no longer be a mandatory requirement to have a maintenance 
contract as a condition of permitting in certain counties practical incentives 
associated with the operation of an aerobic system still provide business 
opportunities.
PUBLIC BENEFIT 
Mr. Minick has also determined that for the first five-year period these 
sections as proposed are in effect the public benefit anticipated as a result of 
enforcement of and compliance with the sections will be reductions in costs to 
private owners of aerobic on-site treatment systems, enhanced local control of 
on-site facility regulation and improved consistency of state regulations and 
national testing standards. There are no direct costs to any person, including 
any small business, as a result of compliance with these rules. These rules will 
result in cost reductions to some owners of aerobic treatment systems in 
counties of population less than 40,000 who elect to maintain those systems 
without a service contract with a third party provider. Some businesses may be 
affected indirectly to the extent that private system owners elect not to 
execute or renew existing maintenance contracts with firms providing these 
services. The actual impact to any one service provider will depend on the 
number of customers affected and cannot be determined in total. For individual 
customers, the effect is anticipated to be between $100 -$200 annually, although 
in individual circumstances contract costs could be higher. Most of these 
service providers are assumed to be small businesses, however the impact to a 
small business will be based on the number of maintenance contracts that are not 
executed or renewed and will be essentially equal for both small and larger 
businesses.
DRAFT REGULATORY IMPACT ANALYSIS 
The commission has reviewed the proposed rulemaking in light of the regulatory 
analysis requirement of Texas Government Code sec.2001.0225 and has determined 
that the rulemaking is not subject to sec.2001.0225 because it does not meet the 
definition of a "major environmental rule" as defined in the act, and it does 
not meet any of the four applicability requirements listed in sec.2001.0225(a).
The goal of this proposal is to implement the implement the provisions of HB-
3059 which clarifies two statutory definitions and provide an OSSF permittee 
with the option of performing required maintenance of aerobic treatment systems 
through either the efforts of the owner or a maintenance company in counties 
with a population of less than 40,000. This proposal does not create or impose 
any additional burdens on the regulated community.
This proposal will not adversely affect in a material way the economy, a sector 
of the economy, productivity, competition, jobs, the environment, or the public 
health and safety. On the contrary, this proposal is expected to have a positive 
effect on the economy and the environment. This proposal will not exceed any 
state or federal requirement or a requirement of a delegation agreement or 
contract between the state and an agency or representative of the federal 
government.
TAKINGS IMPACT ASSESSMENT 
The "Texas Government Action Affecting Private Property Act" as found in Chapter 
2007 of the Texas Government Code, applies to governmental actions which affect 
private property. This statute provides that the regulation of on-site sewage 
disposal systems is specifically exempted from the application of that chapter 
for political subdivisions. The specific exemption is found at Chapter 
2007.003(b)(11)(B). The actions proposed are for the purpose of bringing the 
rules into conformity with HB 3059 of the 75th Legislative Session. Furthermore, 
the proposed changes would not affect private property because the rules as 
promulgated are intended to prevent the occurrence of a nuisance condition. The 
changes include amendments to definitions, a reduction in the permitting 
requirements for specific systems in certain counties and incorporating the most 
current NSF International standards into the rules. These actions in themselves 
do not constitute a taking of private property.
COASTAL MANAGEMENT PLAN 
The commission has determined that this rulemaking action relates to an action 
or actions subject to the Texas Coastal Management Program (CMP) in accordance 
with the Coastal Coordination Act of 1991, as amended (Texas Natural Resources 
Code, sec.sec.33.201 et seq.), and the commission's rules in 30 TAC Chapter 281, 
Subchapter B, concerning Consistency with the Texas Coastal Management Program. 
As required by 31 TAC sec.505.11(b)(2) and 30 TAC sec.281.45(a)(3) relating to 
Actions and Rules Subject to the CMP, commission rules governing on-site 
wastewater systems must be consistent with the applicable goals and policies of 
the CMP. The commission has reviewed this rulemaking action for consistency with 
the CMP goals and policies in accordance with the rules of the Coastal 
Coordination Council, and has determined that this rulemaking is consistent with 
the applicable goals 31 TAC sec.501.12(1)(2)(5) and (10) by protecting and 
preserving the quality and values of coastal natural resource areas (CNRAs); 
ensuring sound management of all coastal resources by allowing for compatible 
economic development and multiple use of the coastal zone; balancing the 
benefits from economic development and multiple human uses of the coastal zone, 
the benefits from protecting, preserving, restoring and enhancing CNRAs; and the 
benefits from minimizing loss of human life and property; and to educate the 
public about the principal coastal problems of state concern and technology 
available for the protection and improved management of CNRAs. This action is 
consistent with 31 TAC sec.501.14(g)(3) which requires that on-site disposal 
systems be located, designed, operated, inspected and maintained so as to 
prevent releases of pollutants that may adversely affect coastal waters. These 
proposed amendments will maintain or enhance existing agency criteria utilized 
for management of on-site wastewater systems and will effectively maintain or 
enhance agency strategies for the protection of coastal natural resource areas.
PUBLIC HEARING 
A public hearing on the proposal will be held at 10:00 a.m. on October 22, 1998 
in Room 254S, of TNRCC Building E, located at 12100 Park 35 Circle, Austin. The 
hearing is structured for the receipt of oral or written comments by interested 
persons. Individuals may present oral statements when called upon in order of 
registration. Open discussion within the audience will not occur during the 
hearing; however, an agency staff member will be available to discuss the 
proposal 30 minutes prior to the hearing and will answer questions before and 
after the hearing.
SUBMITTAL OF COMMENTS 
Written comments on the proposal should mention Rule Log Number 97150-285-WT and 
may be submitted to Lutrecia Oshoko, Office of Policy and Regulatory 
Development, MC 201, P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-4640. 
Comments may be faxed to (512) 239-5687, but must be followed up with the 
submission and receipt of the written comments within three working days of when 
they were faxed. Written comments must be received by 5:00 p.m., October 26, 
1998. For further information or questions concerning this proposal, please 
contact Warren Samuelson, Certification and Compliance Division, (512) 239-4799.

SUBCHAPTER A. General Provisions
30 TAC sec.285.2, sec.285.8
STATUTORY AUTHORITY 
This amendment and new section are proposed under the authority of the Texas 
Health and Safety Code, Chapter 366. This amendment and new section will bring 
30 TAC Chapter 285 into conformity with some of the changes to Chapter 366 as 
made by the 75th Legislature through House Bill 3059.
There are no other codes, statutes or rules that will be affected by this 
proposal. 

sec.285.2. 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> Abandoned tank - A tank that is not to be used or is not allowed to 
be used by a permitting authority.
<nl>(2)<ol> Aerobic digestion - The bacterial decomposition and stabilization of 
sewage in the presence of free oxygen.
<nl>(3)<ol> Anaerobic digestion - The bacterial decomposition and stabilization 
of sewage in the absence of free oxygen.
<nl>(4)<ol> Apprentice - An individual who has been properly registered with the 
agency, and is undertaking a training program under the supervision of an 
installer (holding a valid certificate under this chapter) who has agreed to 
accept responsibility for the individual.
<nl>(5)<ol> Authorized agent - A local governmental entity authorized by the 
commission, executive director or Chapter 284 of this title (relating to Private 
Sewage Facilities) to implement and enforce Chapter 366, Texas Health and Safety 
Code.
<nl>(6)<ol> Bedrock - A continuous horizontal layer of hardened mineral deposits 
that do not support growth of common plant life.
<nl>(7)<ol> Blackwater - All sewage other than greywater that contains 
sufficient human or animal wastes to require the water to be treated prior to 
disposal to the earth's surface or subsurface.
<nl>(8)<ol> Borehole - A drilled hole four feet or greater in depth and one to 
three feet in diameter.
<nl>(9)<ol> Certificate or certification - The actual certificate of 
registration held by an individual required to obtain such under this chapter or 
the process of obtaining a certificate of registration from the agency.
<nl>(10)<ol> Cesspool - A non-watertight, covered receptacle intended for the 
receipt and partial treatment of domestic sewage. This device is constructed 
such that its sidewalls and bottom are open-jointed to allow the gradual 
discharge of liquids while retaining the solids for anaerobic decomposition.
<nl>(11)<ol> Chemical - A substance that in sufficient quantity could have a 
biotoxic effect on OSSFs.
<nl>(12)<ol> Cluster system - An on-site sewage collection, treatment, and 
disposal system designed to serve two or more sewage-generating units on 
separate legal tracts where the total combined flow from all units does not 
exceed 5,000 gallons per day.
<nl>(13)<ol> Composting toilet - A self-contained treatment and disposal 
facility constructed to decompose non-waterborne human wastes through bacterial 
action facilitated by aeration.
<nl>(14)<ol> Condensate drain - Collection and disposal of water generated by 
air conditioners, refrigeration equipment, and other equipment.
<nl>(15)<ol> Delegation - To delegate or designate.
<nl>(16)<ol> Designated representative - An individual who holds a valid 
certificate with the agency and is designated by the authorized agent to make 
site evaluations, percolation tests, system evaluations, and inspections subject 
to the authorized agent's approval.
<nl>(17)<ol> Direct supervision - The responsibility of an installer to perform 
the oversight, direction and approval of all actions of an apprentice related to 
the installation of an OSSF.
<nl>(18)<ol> Edwards Aquifer - That portion of an arcuate belt of porous, water 
bearing limestones composed of the Comanche Peak, Edwards, and Georgetown 
formations trending from west to east to northeast through Kinney, Uvalde, 
Medina, Bexar, Comal, Hays, Travis, and Williamson Counties or as amended under 
Chapter 213 of this title (relating to Edwards Aquifer).
<nl>(19)<ol> Edwards Aquifer Recharge zone - Generally, that area where the 
stratigraphic units constituting the Edwards Aquifer crop out, and including the 
outcrops of other geologic formations in proximity to the Edwards Aquifer, where 
caves, sinkholes, faults, fractures, or other permeable features would create a 
potential for recharge of surface waters into the Edwards Aquifer. The recharge 
zone is specifically that geological area delineated on official maps located in 
the Austin and San Antonio Regional Offices of the agency, or as amended by 
Chapter 213 of this title.
<nl>(20)<ol> Emergency repair - A repair made to an OSSF to abate a serious and 
dangerous nuisance condition without altering the OSSF's planned function and 
notification is given to the permitting authority within 72 hours of when the 
repairs begin.
<nl>(21)<ol> Evapotranspiration (ET) system - A subsurface sewage disposal 
facility which relies on soil capillarity and plant uptake to dispose of treated 
effluent through surface evaporation and plant transpiration.
<nl>(22)<ol> Floodplain (100-year) - That area along a watercourse during the 
time the watercourse is subject to the statistical 100-year flood.
<nl>(23)<ol> Floodway - The channel of a watercourse and adjacent land areas 
(center portion of the 100-year floodplain) that must be reserved in order to 
discharge the 100-year flood without cumulatively increasing the water surface 
more than one foot above the 100-year flood elevation prior to encroachment into 
the 100-year floodplain.
<nl>(24)<ol> Geotextile filter fabric - A non-woven fabric suitable for 
wastewater applications.
<nl>(25)<ol> Gravel-less drainfield pipe - A generically labeled large diameter 
(usually eight or ten inches) geotextile fabric-wrapped piping product which is 
intended for use without gravel in a subsurface disposal facility.
<nl>(26)<ol> Grease interceptor - Floatation chambers where grease floats to the 
water surface and is retained while the clearer water underneath is discharged. 
There are no moving mechanical parts and its operational characteristics are 
similar to a septic tank.
<nl>(27)<ol> Greywater - Wastewater from clothes washing machines, showers, 
bathtubs, handwashing lavatories, and sinks not used for the disposal of 
hazardous or toxic ingredients or waste from food preparations.
<nl>(28)<ol> Groundwater - Subsurface water that occurs beneath the water table 
in soils and geologic formations that are fully saturated either year-round or 
on a seasonal or intermittent basis.
<nl>(29)<ol> Hardness (water) - Primarily the presence in water of calcium 
bicarbonate, magnesium bicarbonate, calcium sulfate (gypsum), magnesium sulfate 
(epsom salts), calcium chloride, and magnesium chloride in solution.
<nl>(30)<ol> Holding tank - A watertight container equipped with a high-level 
alarm used to receive and store sewage pending its delivery to, and treatment 
at, an approved treatment facility. This type of facility is generally intended 
for interim use, if and when approved by the permitting authority.
<nl>(31)<ol> Individual - A single living human being.
<nl>(32)<ol> Installer - An individual who holds a valid certificate with the 
agency and is compensated by another to perform services, construct, install, 
alter, or repair an OSSF.
<nl>(33)<ol> Local governmental entity - A municipality, county, river 
authority, or special district including an underground water district, [and a] 
soil and water conservation district<nl>, or public health district<ol>.
<nl>(34)<ol> Maintenance - The normal or routine upkeep, cleaning, or mechanical 
adjustments to an OSSF.
<nl>(35)<ol> Maintenance company - A person in the business of maintaining 
OSSFs. At least one individual in the company must hold an Installer II 
certificate or a Class D or higher wastewater operator certificate and be 
certified by the appropriate manufacturer's maintenance program for the 
proprietary unit being maintained.
<nl>(36)<ol> Maintenance findings - The results of a required performance check 
or component inspection on a specific OSSF by a valid maintenance company as 
outlined in the maintenance contract.
<nl>(37)<ol> Manufactured housing community - Any facility or area developed for 
lease or rental of space for the placement of two or more mobile homes.
<nl>(38)<ol> Mound system - A soil absorption disposal system which is installed 
above the natural grade and in or below an artificially created mound of earth.
<nl>(39)<ol> Multi-unit residential development- a building, structure or 
combination of structures which have been designed to contain units in which 
more than two families may reside.
<nl>(40)<ol> NSF International - National Sanitation Foundation International 
testing laboratories located in Ann Arbor, Michigan.
<nl>(41)<ol> Natural soil - Earthen materials deposited into place by natural 
processes and not disturbed by artificial processes.
<nl>(42)<ol> Non-standard disposal - All on-site disposal systems, components 
and materials not described in this chapter as standard and not marketed for 
sale in the state as a proprietary item.
<nl>(43)<ol> Non-standard treatment - All on-site sewage treatment processes not 
described in this chapter as "standard" or "proprietary" treatment processes.
<nl>(44)<ol> Nuisance -
(A) sewage, human excreta, or other organic waste discharged or exposed in a 
manner that makes it a potential instrument or medium in the transmission of 
disease to or between persons; or
(B) an overflowing septic tank or similar device, including surface discharge 
from or groundwater contamination by a component of an OSSF, or a blatant 
discharge from an OSSF.
<nl>(45)<ol> On-site sewage disposal system - One or more systems of treatment 
devices and disposal facilities that:
(A) produce not more than 5,000 gallons of waste each day; and
(B) are used only for disposal of sewage produced on <nl> a<ol> [the] site 
<nl>on which any part of<ol> [(including cluster systems) where] the system is 
located.
<nl>(46)<ol> On-site sewage facility (OSSF) - An on-site sewage disposal system.
<nl>(47)<ol> On-site waste disposal order - An order adopted by local 
governmental entity and approved by the executive director. Approval of this 
order by the executive director grants authorized agent status to the local 
governmental entity.
<nl>(48)<ol> Owner - A person who owns an OSSF.
<nl>(49)<ol> Permit - An authorization, issued by the permitting authority, to 
install, construct, alter, extend, repair, or operate an OSSF. The permit 
consists of the authorization to construct (including the approved planning 
materials) and the license to operate.
<nl>(50)<ol> Permitting authority - The executive director or an authorized 
agent.
<nl>(51)<ol> Planning material - Plans and other supporting materials submitted 
to the permitting authority for the purpose of obtaining a permit to construct 
and operate an OSSF.
<nl>(52)<ol> Platted - Subdivided property recorded with the county/city in an 
official plat record.
<nl>(53)<ol> Pretreatment tank - A tank placed ahead of a treatment unit that 
functions as an interceptor for material such as plastics, clothing, hair, and 
grease that are potentially harmful to treatment unit components.
<nl>(54)<ol> Probation - A formal procedure in which an individual or authorized 
agent is subject to an evaluation for a trial period to ascertain whether an 
individual should retain possession of a registration or certification as issued 
by the executive director or an authorized agent should retain delegation as an 
authorized agent.
<nl>(55)<ol> Proprietary system - An OSSF in which all or part of the treatment 
or disposal process is owned by a person and has a registered trademark or 
patent or utilizes a tradename or trademark.
<nl>(56)<ol> Regional office - A regional office of the Texas Natural Resource 
Conservation Commission.
<nl>(57)<ol> Restrictive horizon - A layer of the soil profile with a 
significant observable change in density, clay content, or particle size which 
restricts the vertical movement of water.
<nl>(58)<ol> Revocation - A formal procedure initiated by the executive director 
in which an authorized agent's delegation or an installer's, site evaluator's, 
or designated representative's registration or certification is rescinded by the 
commission.
<nl>(59)<ol> Scum - A mass of organic and/or inorganic matter which floats on 
the surface of sewage.
<nl>(60)<ol> Secondary Treatment - The reduction of pollutants to the levels 
specified in sec.309.1 of this title (relating to Domestic Wastewater Effluent 
Limitation and Plant Siting).
<nl>(61)<ol> Seepage pit - An unlined covered excavation in the ground which 
operates in essentially the same manner as a cesspool.
<nl>(62)<ol> Septic tank - A watertight covered receptacle constructed to 
receive, store, and provide treatment to domestic sewage. Its function is to 
separate solids from the liquid, digest organic matter under anaerobic 
conditions, store the digested solids through a period of detention, and allow 
the clarified liquid to be disposed of by an approved method in accordance with 
this chapter.
<nl>(63)<ol> Sewage - Waste that:
(A) is primarily organic and biodegradable or decomposable; and
(B) generally originates as human, animal, or plant waste from certain 
activities, including the use of toilet facilities, washing, bathing, and 
preparing food.
<nl>(64)<ol> Sewage disposal plan - A technical report prepared by either a 
registered professional engineer or <nl>a<ol> registered sanitarian[,] having 
demonstrated expertise in on-site sewage disposal planning. The plan must 
include, but is not limited to, the location of structures, easements, wells, 
treatment units and disposal areas.
<nl>(65)<ol> Single family dwelling - A habitable structure constructed on, or 
brought to<nl>,<ol> its site[,] and occupied by members of one family.
<nl>(66)<ol> Site evaluator - An individual who holds a valid certificate with 
the agency and visits a site and conducts a pre-construction site evaluation 
which includes performing soil analysis, a site survey, and other criteria 
necessary to determine the suitability of a site for a specific OSSF.
<nl>(67)<ol> Sludge - A semi-liquid mass of partially decomposed organic and 
inorganic matter which settles at or near the bottom of a receptacle containing 
sewage.
<nl>(68)<ol> Soil - The unconsolidated mineral material on the surface of the 
earth that serves as a natural medium for the growth of plants.
<nl>(69)<ol> Soil absorption system - A subsurface method for the disposal of 
partially treated sewage which relies on the soil's ability to absorb moisture 
and allow its dispersal by lateral and vertical movement through and between 
individual soil particles.
<nl>(70)<ol> Subsurface sewage facility - A system which treats sewage and 
distributes the pretreated sewage effluent into a below ground level disposal 
area.
<nl>(71)<ol> Subdivision- a division of a tract of property into two or more 
parts either by platting or field notes with metes and bounds, and transferred 
by deed or contract for deed.
<nl>(72)<ol> Uniform gravel size - Gravel to be used in standard absorption 
drainfields that has been processed through shaker screens to produce a size 
passing one size screen and retained on another. The smaller screen shall be at 
least 50 percent of the size of the larger screen.
<nl>(73)<ol> Water softening - the removal of minerals causing hardness from 
water.

sec.285.8. Maintenance Contract. 
(a) The installer of an on-site sewage disposal system shall provide the owner 
of the system with information regarding maintenance of the system at the time 
the system is installed.
(b) A permitting authority may not condition an on-site permit or the approval 
of an on-site permit for aerobic treatment systems serving single family 
residences located in a county with a population of less than 40,000.
(c) The owner of an aerobic treatment system for single-family residence located 
in a county with a population of less than 40,000 shall either maintain the 
system directly or through a maintenance contract upon conclusion of any such 
maintenance provided under a warranty. If the owner elects to maintain the 
system directly, the owner must, prior to performing any maintenance, obtain 
training for the system from an installer who has been certified by the 
manufacturer.
(d) This section does not affect any testing and reporting requirement or 
schedule as provided by this chapter. 
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 September 11, 1998.
TRD-9814437
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: October 26, 1998
For further information, please call: (512) 239-4640

SUBCHAPTER D. Planning, Construction and Installation Standards For OSSFs
30 TAC sec.285.32
STATUTORY AUTHORITY 
This amendment is proposed under the authority of the Texas Health and Safety 
Code, Chapter 366. This amendment will bring 30 TAC Chapter 285 into conformity 
with some of the changes to Chapter 366 as made by the 75th Legislature through 
House Bill 3059.
There are no other codes, statutes or rules that will be affected by this 
proposal.

sec.285.32. Criteria for Sewage Treatment Systems.
(a) (No change.)
(b) Treatment processes - proprietary.
(1)-(3) (No change.)
(4) Approval of proprietary aerobic treatment systems. All agency approved 
proprietary aerobic treatment systems will be identified and published in a list 
of approved systems which may be obtained from the executive director. Only 
treatment systems which have been tested by and are currently listed by NSF 
International as Class I systems under NSF Standard 40 <nl>(1996)<ol> [(1990)] 
or have been tested and certified as a Class I system in accordance with NSF 
Standard 40 <nl>(1996)<ol> by an American National Standard Institute (ANSI) or 
NSF International accredited testing institution shall be considered for 
approval by the executive director. All agency approved systems at the time of 
the effective date of this rule shall continue to be listed on the list of 
approved systems at the time of the effective date of this rule shall continue 
to be listed on the list of approved systems subject to retesting under the 
requirements of NSF Standard 40 <nl>(1996)<ol> and Certification Policies for 
Wastewater Treatment Devices (<nl>1997<ol> [1991]). [In addition, all 
proprietary aerobic treatment systems undergoing testing by a certification 
institution recognized by the executive director at the time of the effective 
date of this rule shall be considered for inclusion on the list of approved 
systems notwithstanding the fact that the certification institution does not 
have NSF or ANSI accreditation.] The manufacturers of proprietary treatment 
systems and the accredited certification institution must comply with all the 
provisions of NSF [International] Standard 40 <nl>(1996)<ol> and Certification 
Policies for Wastewater Treatment Devices (<nl>1997<ol> [1991]).
(5) (No change.)
(c) (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 September 11, 1998.
TRD-9814438
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Proposed date of adoption: October 26, 1998
For further information, please call: (512) 239-4640

TITLE 31. NATURAL RESOURCES AND CONSERVATION
PART I. General Land Office
CHAPTER 15. Coastal Area Planning
SUBCHAPTER A. Management of the Beach/Dune System
31 TAC sec.15.11
The General Land Office (GLO) proposes an amendment to sec.15.11(b) relating to 
the conditional certification of the City of Galveston's (City's) dune 
protection and beach access plan (Plan) under the state rules for Management of 
the Beach/Dune System (beach/dune rules), 31 TAC sec.sec.15.1-15.10. This 
amendment is proposed to extend the GLO's certification of the City's Plan. The 
City has not completed the modification of its plan consistent with the GLO's 
comments of October 14, 1993.
The existing conditional certification of the City's Plan expired July 5, 1998. 
This amendment allows the City to have an additional 180 days to submit their 
modified Plan consistent with the GLO comments submitted to the City on October 
14, 1993.
The GLO shall provide the City a determination as to the sufficiency of the 
modifications to the City Plan within 60 days of receipt of the Plan. If the GLO 
determines that modifications of the Plan are insufficient, the GLO shall 
provide specific objections to the modifications. If those portions of the Plan 
to which the GLO has objected can be addressed through further comment, Plan 
revision and review, conditional certification will be reissued subject to 
further plan modification.
The proposed certification of the City's Plan is subject to the Texas Coastal 
Management Program (CMP), 31 TACsec.505.11(a)(1)(J), relating to Actions and 
Rules Subject to the Coastal Management Program, and must be consistent with the 
applicable CMP goals and policies under 31 TAC sec.501.14(k), relating to 
Construction in the Beach/Dune System. The GLO has reviewed this proposed action 
for consistency with the CMP goals and policies in accordance with the 
regulations of the Coastal Coordination Council, and &#27;has determined that 
the proposed action is consistent with the applicable CMP goals and policies.
Ms. Caryn K. Cosper, deputy commissioner for the Resource Management Program, 
has determined that there will be no fiscal implications for state or local 
governments as a result of enforcing or administering this amendment because 
this amendment extends the certification of the existing local beach/dune 
program.
Ms. Cosper also has determined that there will be no effect on small businesses. 
There is no anticipated economic cost to persons who are required to comply with 
the rule as proposed.
Comments on the proposed conditional certification of the City's Plan may be 
submitted in writing to Ms. Carol Milner, Texas Register Liaison, General Land 
Office, 1700 North Congress Avenue, Room 626, Austin, Texas 78701-1495, 
facsimile number 512/463-6311. Comments must be received by 5:00 p.m. on October 
12, 1998. Copies of the City's Plan are available from the City and the GLO 
Archives Division.
The amendment is proposed under Texas Natural Resources Code, sec.61.011(d) and 
sec.61.015(b), which provides the GLO with the authority to preserve and enhance 
public beach access; Texas Natural Resources Code, sec.63.121, which provides 
the GLO with the authority to identify and protect critical dune areas; Texas 
Natural Resources Code, sec.33.601, which provides the GLO with the authority to 
adopt rules on erosion; and Texas Water Code, sec.16.321, which provides the GLO 
with the authority to adopt rules on coastal flood protection.
Texas Natural Resources Code sec.sec.61.011(d), 61.013, 61.015, and 63.121 are 
affected by this proposed amendment.

sec.15.11. Certification of Local Government Dune Protection and Beach Access 
Plans. 
(a) (No change.) 
(b) Conditional certification of local government plans. The following local 
governments have submitted plans to the General Land Office which are 
conditionally certified as consistent with state law. 
(1) City of Galveston (adopted August 12, 1993, amended <nl> February 9, 
1995<ol> [September 30, 1997]<nl>, and amended June 19, 1997<ol>). 
(A)-(B) (No change.) 
(2)-(3) (No change.) 
(c)-(f) (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 September 10, 1998.
TRD-9814350
Garry Mauro
Commissioner
General Land Office
Earliest possible date of adoption: October 25, 1998
For further information, please call: (512) 305-9129

TITLE 37. PUBLIC SAFETY AND CORRECTIONS
PART I. Texas Department of Public Safety
CHAPTER 23.Vehicle Inspection
SUBCHAPTER E.Certification of Inspectors
37 TAC sec.23.61
The Texas Department of Public Safety proposes an amendment to sec.23.61, 
concerning Procedures for Certification. Language concerning large vehicles is 
deleted in subsection (a). Amendment to subsection (b) changes the passing grade 
from 75 to 80, replaces the word trooper with technician and deletes proof of 
present fitness. Language reference Form VI-13a is deleted from subsection (m). 
Subsection (p) deletes paragraph (2) and renumbers paragraph (3). Subsection (q) 
is deleted in its entirety. 
Tom Haas, Chief of Finance, has determined that for each year of the first five-
year period the rule is in effect there will be no fiscal implications as a 
result of enforcing or administering the rule. There will be no fiscal 
implications for state or local government as a result of enforcing or 
administering the rule. 
Mr. Haas also has determined that for each year of the first five years the rule 
is in effect the public benefit anticipated as a result of enforcing the rule 
will be more efficient administration of the Motor Vehicle Inspection Program. 
There is no anticipated cost to persons who are required to comply with the 
section as proposed. There are no anticipated economic costs to small or large 
businesses. 
Comments on the proposal may be submitted to Mary Ann Courter, Chief of Legal 
Services, Texas Department of Public Safety, Box 4087, Austin, Texas 78773-0140, 
(512) 424-2890. 
The amendment is proposed pursuant to Texas Transportation Code, Chapter 548, 
sec.548.002, which provides the Texas Department of Public Safety with the 
authority to adopt rules necessary for the administration of this Act. 
Texas Transportation Code, Chapter 548 is affected by this proposal. 

sec.23.61. Procedures For Certification.
(a) Duties and responsibilities of certified inspectors. Before a person may 
inspect vehicles under the Texas Vehicle Inspection Act, the person will be 
examined and certified by the Texas Department of Public Safety.
(1) (No change.)
(2) A certified inspector shall conduct a thorough and efficient inspection of 
every vehicle presented for an official inspection[, except a vehicle too large 
to enter the inspection area]. 
(3)-(10) (No change.)
(b) Qualifications for certification as a certified inspector. To qualify as an 
inspector an applicant shall: 
(1)-(7) (No change.)
(8) pass, with a grade of not less than <nl>80<ol> [75], a written or oral 
examination on the law and rules and regulations of the department pertinent to 
the vehicle inspection program; 
(9) (No change.)
(10) submit a statutory fee of $10 when the certification process by the 
<nl>technician<ol> [trooper] is completed and the person is ready for issuance 
of an inspector's certificate; <nl>and<ol> 
(11) be exempt from the inspector certification fee if employed at a 
governmental inspection station. Dual authorization for another class of 
inspection station would require an inspector certification fee<nl>.<ol>[; and] 
[(12) provide proof of present fitness as may be required by the department.] 
(c)-(l) (No change.)
(m) Dual authorization. A certified inspector may be certified at more than one 
vehicle inspection station at the same time. Inspection station owners shall 
furnish information as may be required by the department pertaining to 
inspectors employed at <nl>stations<ol> [that station on Form VI-13a] within 
three working days of a change in the inspector's employment.
(n)-(o) (No change.)
(p) Withdrawal of application. An application for a license as a certified 
inspector may be withdrawn by the applicant at any time. An application will be 
deemed withdrawn when 60 days elapses: 
(1) from the first failure of the inspector's written examination; <nl> or<ol> 
[(2) after the department requests proof of present fitness from the applicant; 
or] 
<nl>(2)<ol>[(3)] from the successful completion of the written idle emissions 
examination when the applicant has not requested that a demonstration test on 
the testing equipment be given. 
[(q) Frequency of application. No person may apply for a license as a certified 
inspector within one year from the date of the withdrawal of an application by 
the same person.] 
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 September 8, 1998.
TRD-9814196
Dudley M. Thomas
Director
Texas Department of Public Safety
Earliest possible date of adoption: October 25, 1998
For further information, please call: (512) 424-2890

PART VI. Texas Department of Criminal Justice
CHAPTER 155.Reports and Information Gathering
SUBCHAPTER B.Site Selection and Facility Names
37 TAC sec.155.23
The Texas Department of Criminal Justice proposes new sec.155.23, concerning 
site selection process for the location of additional facilities. The new rule 
defines Agency policy for determining the location of new TDCJ facilities in a 
manner that is fair and open, and that results in facilities sites that are 
cost-effective for construction and operations, and sensitive to the ultimate 
mission of the facilities sited. 
David P. McNutt Director of Financial Services for the Texas Department of 
Criminal Justice has determined that there will be no fiscal implications for 
state or local government as a result of enforcing or administering the new 
section as proposed. 
Mr. McNutt also has determined that the public benefit anticipated as a result 
of enforcing the section as proposed will be the ability to construct additional 
facilities designed to house and support offenders, as needed, considering all 
logistical support requirements, operational concerns, and legal mandates, on 
State-owned property or on land acquired at no cost to the State. There will be 
no effect on small businesses. There is no anticipated economic cost to 
individuals required to comply with the section as proposed. 
Comments should be directed to Carl Reynolds, General Counsel, Texas Department 
of Criminal Justice, P.O. Box 13084, Austin, Texas 78711. Written comments from 
the general public should be received within 30 days of the publication of this 
proposal. 
The new section is proposed under Government Code, sec.492.013, which grants 
general rulemaking authority; and Texas Government Code, sec.496.007. Cross-
reference to statute: Texas Government Code, sec.496.007. 

sec.155.23. Site Selection Process for the Location of Additional Facilities. 
(a) Purpose. This rule establishes Agency policy for determining the location of 
new TDCJ facilities in a manner that is fair and open, and that results in 
facilities sites that are cost-effective for construction and operations, and 
sensitive to the ultimate mission of the facilities sited. Determining the 
location of a new facility (stand-alone facility or expansion of an existing 
facility) designed to house and support offenders is a process requiring the 
review and analysis of a number of factors, including cost-effectiveness, 
logistical support requirements, operational concerns, and legal mandates. 
Generally, funding priorities will dictate that such facilities be located on 
State-owned property, or on land acquired at no cost to the State.
(b) Definitions. The following words and terms, when used in this Chapter, shall 
have the following meanings, unless the context clearly indicates otherwise.
(1) Agency - The Texas Department of Criminal Justice.
(2) Board - The Texas Board of Criminal Justice.
(3) Facility - A substantially self-contained, permanently constructed 
correctional facility for housing offenders. This includes prison units, state 
jails, Substance Abuse Felony Punishment (SAFP) facilities, and transfer 
facilities, but does not include intermediate sanction facilities, community 
corrections facilities, as defined in sec.509.001, Government Code, or 
facilities defined in sec.sec.508.118, 508.119, or 508.320, Government Code.
(4) Prison unit - Includes a private prison under Government Code, Chapter 495, 
Subchapter A, a psychiatric unit, or a facility the capacity of which will be 
determined under, and regulated by Government Code, Chapter 499, Subchapters E 
(Unit and System Capacity), and B (Population Management).
(5) SAFP facility - A substance abuse felony punishment facility authorized by 
Government Code, sec.493.009.
(6) State jail - A State jail felony facility authorized by Government Code, 
Chapter 507.
(7) TDCJ - The Texas Department of Criminal Justice.
(8) Transfer facility - A facility authorized by Government Code, Chapter 499, 
Subchapter G.
(c) Procedures. It is the policy of the Board that the location of any 
additional facility operated by the TDCJ be carefully considered in accordance 
with this policy.
(1) The Texas Criminal Justice Policy Council is the State agency responsible 
for projecting the demand for prison, state jail, SAFP and transfer facility 
beds. Based on these projections, a plan will be developed by staff and adopted 
by the Board that details how any additional bed needs will be met, through 
construction or acquisition of facilities or the use of alternative sanctions. 
This plan will be presented to the legislature with a request for 
appropriations. With respect to facilities requiring siting, the plan adopted by 
the Board will include:
(A) recommendations for specific types of facilities needed by the TDCJ, the 
approximate size of each facility, and regional distribution by facility type 
that is needed;
(B) a description of the mission of the recommended facilities;
(C) a description of the type of offenders to be housed in each facility and the 
programming requirements for that population; and
(D) any recommendations for redesignation and renovation of existing facilities.
(2) Site selections will be made in accordance with and through a Request for 
Proposals (RFP) process, published in the Texas Register. The RFP shall be 
formulated and issued under the direction of the Board beginning immediately 
after the legislature has completed the appropriations bill. The RFP will be 
based on the array of facilities authorized and appropriated for by the 
legislature. For each round of site selections, an RFP will be developed that 
specifies:
(A) types of facilities needed;
(B) minimum acreage and site characteristics requirements for each facility 
type;
(C) requirements for geotechnical information based on drilling matrix and site 
preparation requirements;
(D) requirements for verified documentation of the absence of any environmental 
problems and historical preservation conditions;
(E) requirements for supporting information such as easement, utility and 
topographical maps;
(F) requirements for description of land values, transferability of mineral 
rights, surface leases, easements, title report, warranty deed, aerial 
photographs and other issues affecting the timely transferability of a site;
(G) transportation and utility requirements; and
(H) the requirements for solicited citizen input and State and local elected 
official input regarding a specific site.
(3) Staff review will be conducted under the direction of the TDCJ Executive 
Director. Planning and Programming within the Facilities Division will have the 
responsibility to coordinate the site selection process for the Executive 
Director. In accordance with the Board approved criteria and process, staff will 
be responsible for the development of the RFP, devising and completing scoring 
instruments and cost analysis for Board review and action. Information presented 
to the Board shall:
(A) be structured in a uniform format as illustrated in the Facilities Division 
policies and procedures;
(B) include data from a weighted scoring evaluation system that was developed 
before any review, and based on the Facilities Division policies and procedures 
as well as on the requirements as outlined in an RFP, that objectively assesses 
each site based on the proposal, site visit and support information;
(C) include life-cycle cost calculations for a specific time period for each 
responsive proposal; and
(D) identify and explain any deviations from the approved process.
(4) Any selection process shall take into consideration the intent of the 
legislature to locate each facility:
(A) in close proximity to a county with 100,000 or more inhabitants to provide 
services and other resources provided in such a county;
(B) cost-effectively with respect to its proximity to other facilities in TDCJ;
(C) in close proximity to an area that would facilitate release of offenders or 
persons to their area of residence;
(D) in close proximity to an area that provides adequate educational 
opportunities and medical care;
(E) in close proximity to an area that would be capable of providing hospital 
and specialty clinic medical services, as well as a sufficient pool of medical 
personnel from which to recruit and contract; and
(F) on State-owned or donated land.
(5) The Board is responsible for site selection, but may request that the staff 
provide a short list of recommended sites or a preference ranking of sites with 
an explanation for the recommendation or ranking. Staff recommendations shall be 
based on scoring of the information contained in each submitted proposal based 
on RFP requirements, actual site assessment, and information obtained from 
external and internal sources for each site.
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 September 14, 1998.
TRD-9814493
Carl Reynolds
General Counsel
Texas Department of Criminal Justice
Earliest possible date of adoption: October 25, 1998
For further information, please call: (512) 463-9693

CHAPTER 159.Special Programs
37 TAC sec.159.1
The Texas Department of Criminal Justice - Programs and Services Division (TDCJ-
PSD) proposes an amendment to sec.159.1, a standard establishing the eligibility 
criteria for admission into a substance abuse felony punishment facility (SAFPF) 
operated by the Texas Department of Criminal Justice. The TDCJ-PSD proposes to 
amend sec.159.1 by adding a subsection (d) to provide that prior to admitting a 
probationer into a SAFPF, a community supervision and corrections department 
(CSCD) having jurisdiction over the person shall determine whether the 
individual is a foreign born alien and, if so, whether the individual is subject 
to a deportation proceeding. 
David P. McNutt, Director of Financial Services for the Texas Department of 
Criminal Justice has determined that there will be no fiscal implications for 
state or local government as a result of enforcing or administering this section 
as proposed. 
Mr. McNutt also has determined that the public benefit anticipated as a result 
of enforcing the section as proposed will be to better utilized state resources 
in the delivery of substance abuse treatment services to offenders by enabling 
the state to concentrate on providing these services to offenders who will 
remain in the United States. 
Comments should be directed to Melinda Bozarth, Assistant Director for TDCJ-PSD, 
Price Daniel Sr. Building, 209 West 14th Street, Suite 500, Austin, Texas 78701. 
Written comments should be submitted within 30 days after the date of 
publication in the Texas Register. The amendment is proposed under the Code of 
Criminal Procedures, Article 42.12, sec.14 (b)(3)(B), which authorizes the Texas 
Board of Criminal Justice to establish suitability criteria for admission into a 
SAFPF and Government Code, sec.493.009(b), which requires the Board to adopt 
criteria to determine the suitability of candidates for participation in a 
substance abuse treatment program at a SAFPF.
Cross-reference to Statute: Code of Criminal Procedures, Article 42.12, 
sec.14(b)(3)(B).

sec.159.1. Substance Abuse Felony Punishment Facilities Eligibility Criteria.
(a)-(c) (No change.)
(d) Unless a probationer is a U.S. citizen, the individual is ineligible to 
participate in a SAFPF until clearance from deportation proceedings has been 
obtained from the Immigration and Naturalization Service (INS). Prior to 
admittance of a probationer in a SAFPF, the community supervision and 
corrections department (CSCD) having jurisdiction over the person shall 
determine whether the offender is a foreign born alien. The CSCD shall request 
that the INS determine whether the foreign born offender is deportable or not 
deportable. The CSCD shall notify TDCJ whether the offender is a foreign born 
alien and whether the offender has been determined to be deportable by INS at 
the time the probationer's transfer to TDCJ is scheduled.
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 September 14, 1998.
TRD-9814492
Carl Reynolds
General Counsel
Texas Department of Criminal Justice
Earliest possible date of adoption: October 25, 1998
For further information, please call: (512) 463-9693

TITLE 40. SOCIAL SERVICES AND ASSISTANCE
PART I. Texas Department of Human Services
CHAPTER 92.Personal Care Facilities
SUBCHAPTER B.Application Procedures
40 TAC sec.sec.92.10, 92.12, 92.18
The Texas Department of Human Services (DHS) proposes amendments to sec.92.10, 
concerning criteria for licensing; sec.92.12, concerning applicant disclosure 
requirements; sec.92.18, concerning license fees; sec.92.41, concerning 
standards for Type A and Type B personal care facilities, and sec.92.127, 
concerning required postings; proposes the repeal of sec.92.125, concerning 
resident's bill of rights and provider bill of rights; and proposes new 
sec.92.125, concerning resident's bill of rights and provider bill of rights, in 
its Personal Care Facilities chapter. The purpose of the amendments (except 
sec.92.18), repeal, and new section is to delete the current staffing ratios and 
require that facilities develop and post their own staffing policies, based upon 
the needs of the residents; require facilities to complete a Personal Care 
Disclosure Statement, which delineates policies, procedures, and services 
provided by their specific personal care facility and fully explain and give it 
to potential residents and their families; increase staff training requirements; 
require facilities to make reasonable efforts to ensure against any problems 
that may result from Year 2000 computer problems; and revise the Resident's Bill 
of Rights to include changes resulting from House Bill 3100, 75th Legislature, 
which amended the Rights of the Elderly, Human Resources Code, Chapter 102. The 
purpose of the amendment to sec.92.18 is to establish a fee for the Alzheimer's 
certification. 
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 protecting the public by better informing consumers about 
the staffing patterns in personal care facilities, and through the Disclosure 
Statement, about all aspects of a facility's operations; increasing the staff 
training requirements; requiring facilities to prepare for Year 2000 
eventualities; and ensuring that facilities grant residents all rights required 
by law. Increased requirements for staff training may add to the costs for some 
personal care facilities which have had minimal staff training programs. Small 
facilities will have a comparatively greater cost because of the economy of 
scale inherent in a larger facility. DHS estimates the average annual cost for 
small facilities will be $756 and for large facilities, $1,260.
Questions about the content of this proposal may be directed to Susan Syler at 
(512) 438-3111 in DHS's Long Term Care Policy Section. Written comments on the 
proposal may be submitted to Supervisor, Rules and Handbooks Unit-321, 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 amendments are proposed 
under the Health and Safety Code, Chapter 247, which authorizes the department 
to license personal care facilities, and under the Human Resources Code, Title 
2, Chapter 22, which authorizes the department to administer public assistance 
programs.
The amendments implement the Health and Safety Code, sec.sec.247.001-247.066, 
and the Human Resources Code, sec.sec.22.001-22.030. 

sec. 92.10. Criteria for Licensing.
(a)-(b) (No change.) 
<nl>(c)<ol> <nl>In respect to all licenses in effect after December 31, 1999: 
All services provided under licensure by the Texas Department of Human Services 
are required, as a condition of licensure, not to constitute a threat to the 
health and safety of residents as a result of computer software, firmware, or 
imbedded logic unable to recognize different centuries or more than one century 
on or after January 1, 2000. <ol>
<nl>(d)<ol> [(c)] An applicant for a license must affirmatively show that: 
(1) the applicant, person with a disclosable interest, affiliate, and manager 
have not been convicted of a felony or crime involving moral turpitude in Texas 
or any other state; 
(2) the facility meets the standards of the Life Safety Code as applicable to 
personal care facilities; 
(3) the facility meets the construction standards in Subchapter D of this 
chapter (relating to Facility Construction); and 
(4) the facility meets the standards for operation based upon an on-site survey. 
The initial survey for an applicant for a new license must include the 
observation of the care of resident(s). 
<nl>(e)<ol> [(d)] A license will be issued to a facility meeting all 
requirements of this chapter and will be valid for one year. The maximum 
allowable number of residents specified on the license may not be exceeded. 

sec.92.12. Applicant Disclosure Requirements.
(a) (No change.) 
(b) General information required. An applicant must file with DHS an application 
which contains: 
(1) (No change.) 
(2) certificate of good standing as issued by the comptroller of public 
accounts; [and] 
(3) for initial applications and changes of ownership only, the certificate of 
incorporation as issued by the secretary of state for a corporation or a copy of 
the partnership agreement for a partnership<nl>; and <ol>[.] 
(4) a disclosure statement, using the DHS form, describing the facility's 
services. 
(c) (No change.)

sec.92.18. License Fees.
(a) (No change.) 
(b) Alzheimer's certification. In addition to the basic license fee described in 
subsection (a) of this section, a facility that applies for certification to 
provide specialized services to persons with Alzheimer's disease or related 
conditions under Subchapter D of this chapter (relating to Licensure of 
Facilities for Care of Persons with Alzheimer's Disease and Related Disorders) 
must pay an annual fee of $100. 
<nl>(c)<ol> [(b)] Trust fund fee. 
(1) In addition to the basic license fee described in subsection (a) of this 
section, the Texas Department of Human Services (DHS) has established a trust 
fund for the use of a court-appointed trustee as described in the Health and 
Safety Code, Chapter 242, Subchapter D, Chapter 252, and Chapter 247, 
sec.247.003(b). 
(2) DHS charges and collects an annual fee from each institution licensed under 
Health and Safety Code, Chapters 242 and 247, each calendar year if the amount 
of the nursing and convalescent trust fund is less than $500,000. The fee is 
based on a monetary amount specified for each licensed unit of capacity or bed 
space and is in an amount sufficient to provide $500,000 in the trust fund. In 
calculating the fee, the amount will be rounded to the next whole cent. 
<nl>(d)<ol> [(c)] Payment of fees. Payment of fees must be by check, cashier's 
check, or money order made payable to the Texas Department of Human Services. 
All fees are nonrefundable, except as provided by the Texas Government Code, 
Chapter 2005.
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 September 11, 1998.
TRD-9814442
Glenn Scott
General Counsel, Legal Services
Texas Department of Human Services
Proposed date of adoption: December 1, 1998
For further information, please call: (512) 438-3765

SUBCHAPTER C.Standards for Licensure
40 TAC sec.92.41
The amendment is proposed under the Health and Safety Code, Chapter 247, which 
authorizes the department to license personal care facilities, and under the 
Human Resources Code, Title 2, Chapter 22, which authorizes the department to 
administer public assistance programs.
The amendment implements the Health and Safety Code, sec.sec.247.001-247.066, 
and the Human Resources Code, sec.sec.22.001-22.030.

sec.92.41. Standards for Type A and Type B Personal Care Facilities. 
(a) Employees. 
(1) (No change.) 
(2) Attendants. Full-time facility attendants must be at least 18 years old or a 
high-school graduate. 
(A) An attendant must be in the facility at all times when residents are in the 
facility. 
[(B) The facility must document that attendants are competent to provide 
personal care and have the following knowledge prior to assuming 
responsibilities: needs of the resident(s) and tasks to be provided, resident's 
health conditions and how they may affect provision of tasks, and conditions 
about which the attendant should notify the facility manager.] 
<nl>(B)<ol> [(C)] Attendants are not precluded from performing other functions 
as required by the personal care facility. 
(3) Staffing. 
(A) A facility must develop and implement staffing policies, which require 
staffing ratios based upon the needs of the residents, as identified in their 
service plans. 
(B) Prior to admission, a facility must disclose, to prospective residents and 
their families, the facility's normal 24-hour staffing pattern and post it 
monthly in accordance with sec.92.127 of this title (relating to Required 
Postings). 
<nl>(C)<ol> [(A)] A facility must have sufficient staff to: 
(i) maintain order, safety, and cleanliness; 
(ii) assist with medication regimens; 
(iii) prepare and service meals; 
(iv) assist with laundry; 
(v) assure that each resident receives the kind and amount of supervision and 
care required to meet his basic needs; and 
(vi) ensure safe evacuation of the facility in the event of an emergency. 
[(B) The staff-resident ratios described in this subparagraph must be maintained 
in a Type A or Type B facility. The facility management has the authority to 
define day, evening, and night shift start and end times.] 
[(i) day = 1 to 16;] 
[(ii) evening = 1 to 20; and] 
[(iii) night = 1 to 40.] 
[(I) Type A facility: Night shift staff in a 40 or fewer licensed bed capacity 
facility must be immediately available. In a 41+ licensed bed capacity facility, 
the staff must be immediately available and awake.] 
[(II) Type B facility: Night shift staff must be immediately available and 
awake, regardless of the number of licensed beds.] 
(D) A facility must meet the staffing requirements described in this 
subparagraph. 
<nl>(i)<ol> Type A facility: Night shift staff in a small facility must be 
immediately available. In a large facility, the staff must be immediately 
available and awake. 
<nl>(ii)<ol> Type B facility: Night shift staff must be immediately available 
and awake, regardless of the number of licensed beds. 
<nl>(4)<ol> <nl>Staff training. The facility must document that staff members 
are competent to provide personal care prior to assuming responsibilities and 
have received the following training. <ol>
<nl>(A)<ol> All staff members must complete four hours of orientation prior to 
assuming any job responsibilities. Training must cover, at a minimum, the 
following topics: 
<nl>(i)<ol> reporting of abuse and neglect; 
<nl>(ii)<ol> confidentiality of resident information; 
<nl>(iii)<ol> universal precautions; 
<nl>(iv)<ol> conditions about which they should notify the facility manager; 
<nl>(v)<ol> residents' rights; and 
<nl>(vi)<ol> emergency and evacuation procedures. 
<nl>(B)<ol> Attendants must complete 16 hours of on-the-job supervision and 
training within the first 16 hours of employment following orientation. Training 
must include: 
<nl>(i)<ol> providing assistance with the activities of daily living; 
<nl>(ii)<ol> resident's health conditions and how they may affect provision of 
tasks; 
<nl>(iii)<ol> safety measures to prevent accidents and injuries; 
<nl>(iv)<ol> emergency first aid procedures, such as the Heimlich maneuver and 
actions to take when a resident falls, suffers a laceration, or experiences a 
sudden change in physical and/or mental status; and 
<nl>(v)<ol> managing dysfunctional behavior. 
(C) Direct care staff must complete six documented hours of education annually, 
based on each employee's hire date. Subject matter must address the unique needs 
of the facility. Suggested topics include:
<nl>(i)<ol> promoting resident dignity, independence, individuality, privacy, 
and choice; 
<nl>(ii)<ol> resident rights and principles of self-determination; 
<nl>(iii)<ol> communication techniques for working with persons with hearing, 
visual, or cognitive impairment; 
<nl>(iv)<ol> communicating with families and other persons interested in the 
resident; 
<nl>(v)<ol> common physical, psychological, social, and emotional changes that 
may accompany the aging process and how these changes affect residents' care; 
<nl>(vi)<ol> essential facts about common physical and mental disorders that may 
increase with aging, for example, arthritis, cancer, dementia, depression, heart 
and lung diseases, sensory problems, or stroke; 
<nl>(vii)<ol> cardiopulmonary resuscitation; and 
<nl>(viii)<ol> common medications and side effects. 
<nl>(D)<ol> [(4) Staff training.] Facilities that employ licensed nurses, nurse 
aides, or medication aides must provide annual inservice training, appropriate 
to their job responsibilities, from one or more of the following areas: 
<nl>(i)<ol> [(A)] communication techniques and skills useful when providing 
geriatric care (skills for communicating with the hearing impaired, visually 
impaired and cognitively impaired; therapeutic touch; recognizing communication 
that indicates psychological abuse); 
<nl>(ii)<ol> [(B)] assessment and nursing interventions related to the common 
physical and psychological changes of aging for each body system; 
<nl>(iii)<ol> [(C)] geriatric pharmacology, including treatment for pain 
management and sleep disorders; 
<nl>(iv)<ol> [(D)] common emergencies of geriatric residents and how to prevent 
them, for example falls, choking on food or medicines, injuries from restraint 
use; recognizing sudden changes in physical condition, such as stroke, heart 
attack, acute abdomen, acute glaucoma; and obtaining emergency treatment; 
<nl>(v)<ol> [(E)] common mental disorders with related nursing implications; and 
<nl>(vi)<ol> [(F)] ethical and legal issues regarding advance directives, abuse 
and neglect, guardianship, confidentiality. 
(b)-(c) (No change.) 
(d) Resident policies, admission policies, and records. 
(1) Resident policies. 
(A) Prior to admitting a resident, facility staff must explain and provide a 
copy of the disclosure statement to the resident, family, or responsible party. 
The facility must document receipt of the disclosure statement. 
(B) The facility must provide residents with a copy of the Resident Bill of 
Rights. 
<nl>(C)<ol> [(A)] The facility must have written policies regarding residents 
accepted, services provided, charges, refunds, responsibilities of facility and 
residents, privileges of residents, and other rules and regulations. 
<nl>(D)<ol> [(B)] Each facility must make available copies of the resident 
policies to staff and to residents and/or residents' responsible parties at time 
of admission. Documented notification of any changes to the policies must occur 
before the effective date of the changes. 
<nl>(E)<ol> [(C)] The facility must provide residents information about the 
ombudsman program in the admission packet. 
(2)-(4) (No change.) 
(e)-(i) (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 September 11, 1998.
TRD-9814441
Glenn Scott
General Counsel, Legal Services
Texas Department of Human Services
Proposed date of adoption: December 1, 1998
For further information, please call: (512) 438-3765

SUBCHAPTER G.Miscellaneous Provisions
40 TAC sec.92.125
(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 Department 
of Human Services or in the Texas Register office, Room 245, James Earl Rudder 
Building, 1019 Brazos Street, Austin.)
The repeal is proposed under the Health and Safety Code, Chapter 247, which 
authorizes the department to license personal care facilities, and under the 
Human Resources Code, Title 2, Chapter 22, which authorizes the department to 
administer public assistance programs.
The repeal implements the Health and Safety Code, sec.sec.247.001-247.066, and 
the Human Resources Code, sec.sec.22.001-22.030.
sec.92.125. Resident's Bill of Rights and Provider Bill of Rights.
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 September 11, 1998.
TRD-9814440
Glenn Scott
General Counsel, Legal Services
Texas Department of Human Services
Proposed date of adoption: December 1, 1998
For further information, please call: (512) 438-3765

40 TAC sec.92.125, sec.92.127
The new section and amendment are proposed under the Health and Safety Code, 
Chapter 247, which authorizes the department to license personal care 
facilities, and under the Human Resources Code, Title 2, Chapter 22, which 
authorizes the department to administer public assistance programs, and Chapter 
102, which establishes the rights of the elderly.
The new section and amendment implement the Health and Safety Code, 
sec.sec.247.001-247.066, and the Human Resources Code, sec.sec.22.001-22.030 and 
sec.102.002.

sec.92.125. Resident's Bill of Rights and Provider Bill of Rights.
(a) Resident's bill of rights. 
(1) Each personal care facility must post the resident's bill of rights, as 
provided by the department, in a prominent place in the facility and written in 
the primary language of each resident. A copy of the Resident's Bill of Rights 
must be given to each resident. 
(2) A resident has all the rights, benefits, responsibilities, and privileges 
granted by the constitution and laws of this state and the United States, except 
where lawfully restricted. The resident has the right to be free of 
interference, coercion, discrimination, and reprisal in exercising these civil 
rights. 
(3) Each resident in the personal care facility has the right to: 
(A) be free from physical and mental abuse, including corporal punishment or 
physical and chemical restraints that are administered for the purpose of 
discipline or convenience and not required to treat the resident's medical 
symptoms. A provider may use physical or chemical restraints only if the use is 
authorized in writing by a physician and the use is necessary in an emergency to 
protect the resident or others from injury. A physician's written authorization 
for the use of restraints must specify the circumstances under which the 
restraints may be used and the duration for which the restraints may be used. 
Except in an emergency, restraints may only be administered by qualified medical 
personnel; 
(B) participate in activities of social, religious, or community groups unless 
the participation interferes with the rights of others; 
(C) practice the religion of the resident's choice; 
(D) if mentally retarded, with a court-appointed guardian of the person, 
participate in a behavior modification program involving use of restraints, 
consistent with subparagraph (A) of this paragraph, or adverse stimuli only with 
the informed consent of the guardian; 
(E) be treated with respect, consideration, and recognition of his or her 
dignity and individuality, without regard to race, religion, national origin, 
sex, age, disability, marital status, or source of payment. This means that the 
resident: 
(i) has the right to make his/her own choices regarding personal affairs, care, 
benefits, and services; 
(ii) has the right to be free from abuse, neglect, and exploitation; and 
(iii) if protective measures are required, has the right to designate a guardian 
or representative to ensure the right to quality stewardship of his/her affairs; 
(F) a safe and decent living environment; 
(G) not be prohibited from communicating in his or her native language with 
other residents or employees for the purpose of acquiring or providing any type 
of treatment, care, or services; 
(H) complain about the resident's care or treatment. The complaint may be made 
anonymously or communicated by a person designated by the resident. The provider 
must promptly respond to resolve the complaint. The provider must not 
discriminate or take other punitive action against a resident who makes a 
complaint; 
(I) receive and send unopened mail, and the provider must ensure that the 
resident's mail is sent and delivered promptly; 
(J) unrestricted communication, including personal visitation with any person of 
the resident's choice, including family members and representatives of advocacy 
groups and community service organizations, at any reasonable hour; 
(K) make contacts with the community and to achieve the highest level of 
independence, autonomy, and interaction with the community of which the resident 
is capable; 
(L) manage his or her financial affairs. The resident may authorize in writing 
another person to manage his/her money. The resident may choose the manner in 
which his/her money is managed, including a money management program, a 
representative payee program, a financial power of attorney, a trust, or a 
similar method, and the resident may choose the least restrictive of these 
methods. The resident must be given, upon request of the resident or the 
resident's representative, but at least quarterly, an accounting of financial 
transactions made on his or her behalf by the facility should the facility 
accept his or her written delegation of this responsibility to the facility in 
conformance with state law; 
(M) access the resident's records, which are confidential and may not be 
released without the resident's consent, except: 
(i) to another provider, if the resident transfers residence; or 
(ii) if the release is required by another law; 
(N) choose and retain a personal physician and to be fully informed in advance 
about treatment or care that may affect the resident's well-being; 
(O) participate in developing his/her individual service plan that describes the 
resident's medical, nursing, and psychological needs and how the needs will be 
met; 
(P) be given the opportunity to refuse medical treatment or services after the 
resident: 
(i) is advised by the person providing services of the possible consequences of 
refusing treatment or services; and 
(ii) acknowledges that he/she understands the consequences of refusing treatment 
or services; 
(Q) unaccompanied access to a telephone at a reasonable hour or in case of an 
emergency or personal crisis; 
(R) privacy, while attending to personal needs and a private place for receiving 
visitors or associating with other residents, unless providing privacy would 
infringe on the rights of other residents. This right applies to medical 
treatment, written communications, telephone conversations, meeting with family, 
and access to resident councils. If a resident is married and the spouse is 
receiving similar services, the couple may share a room; 
(S) retain and use personal possessions, including clothing and furnishings, as 
space permits. The number of personal possessions may be limited for the health 
and safety of other residents; 
(T) determine his or her dress, hair style, or other personal effects according 
to individual preference, except the resident has the responsibility to maintain 
personal hygiene; 
(U) retain and use personal property in his or her immediate living quarters and 
to have an individual locked area (cabinet, closet, drawer, footlocker, etc.) in 
which to keep personal property; 
(V) refuse to perform services for the facility, except as contracted for by the 
resident and operator; 
(W) be informed by the provider no later than the 30th day after admission: 
(i) whether the resident is entitled to benefits under Medicare or Medicaid; and 
(ii) which items and services are covered by these benefits, including items or 
services for which the resident may not be charged; 
(X) not be transferred or discharged unless: 
(i) the transfer is for the resident's welfare, and the resident's needs cannot 
be met by the facility; 
(ii) the resident's health is improved sufficiently so that services are no 
longer needed; 
(iii) the resident's health and safety or the health and safety of another 
resident would be endangered if the transfer or discharge was not made; 
(iv) the provider ceases to operate or to participate in the program that 
reimburses for the resident's treatment or care; or 
(v) the resident fails, after reasonable and appropriate notice, to pay for 
services; 
(Y) not be transferred or discharged, except in an emergency situation, until 
the 30th day after the date the facility provides written notice to the 
resident, the resident's legal representative, or a member of the resident's 
family, stating: 
(i) that the facility intends to transfer or discharge the resident; 
(ii) the reason for the transfer or discharge; 
(iii) the effective date of the transfer or discharge; 
(iv) if the resident is to be transferred, the location to which the resident 
will transferred; and 
(v) any appeal rights available to the resident; 
(Z) leave the facility temporarily or permanently, subject to contractual or 
financial obligations;
(AA) have access to the service of a representative of the State Long Term Care 
Ombudsman Program, Texas Department on Aging; and
(BB) execute an advance directive, under the Natural Death Act (Chapter 672, 
Health and Safety Code) or Chapter 135, Civil Practice and Remedies Code, or 
designate a guardian in advance of need to make decisions regarding the 
resident's health care should the resident become incapacitated. 
(b) Provider's bill of rights. 
(1) Each personal care facility must post a providers' bill of rights in a 
prominent place in the facility. 
(2) The providers' bill of rights must provide that a provider of personal care 
services has the right to: 
(A) be shown consideration and respect that recognizes the dignity and 
individuality of the provider and personal care facility; 
(B) terminate a resident's contract for just cause after a written 30-day 
notice; 
(C) terminate a contract immediately, after notice to the department, if the 
provider finds that a resident creates a serious or immediate threat to the 
health, safety, or welfare of other residents of the personal care facility. 
During evening hours and on weekends or holidays, notice to DHS must be made to 
1-800-458-9858; 
(D) present grievances, file complaints, or provide information to state 
agencies or other persons without threat of reprisal or retaliation; 
(E) refuse to perform services for the resident or the resident's family other 
than those contracted for by the resident and the provider; 
(F) contract with the community to achieve the highest level of independence, 
autonomy, interaction, and services to residents; 
(G) access patient information concerning a client referred to the facility, 
which must remain confidential as provided by law; 
(H) refuse a person referred to the facility if the referral is inappropriate; 
(I) maintain an environment free of weapons and drugs; and 
(J) be made aware of a resident's problems, including self-abuse, violent 
behavior, alcoholism, or drug abuse.

sec.92.127. Required Postings. 
Each facility must prominently and conspicuously post for display in a public 
area of the facility that is readily available to residents, employees, and 
visitors: 
(1)-(5) (No change.) 
(6) Provider Bill of Rights; [and] 
(7) the telephone number of the Office of the State Long Term Care 
Ombudsman<nl>; and<ol> 
<nl>(8)<ol> <nl>the facility's normal 24-hour staffing patterns. <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 September 11, 1998.
TRD-9814439
Glenn Scott
General Counsel, Legal Services
Texas Department of Human Services
Proposed date of adoption: December 1, 1998
For further information, please call: (512) 438-3765