Texas Register
Volume 16, Number 709, September 20, 1991
Pages: 5151-5239
*****Office of the Governor******
Appointments Made September 11, 1991
5163-Texas National Guard Armory Board
5163-State Board of Nurse Examiners
5163-Central Colorado River Authority Board of Directors
5163-State Board of Barber Examiners
5163-Texas Appraiser Licensing and Certification Board
*****Emergency Sections*****
Texas Real Estate Commission
5165-Provisions of the Real Estate License Act
Texas Department of Insurance
5166-Property and Casualty Insurance
Commission on Jail Standards
5166-Medical Services in County Jails
Texas Department of Insurance
5166-Notification Pursuant to the Texas Insurance Code,
Chapter 5, Subchapter L
*****Proposed Sections*****
Office of the Secretary of State
5169-Elections
Texas Surplus Property Agency
5174-Plan of Operation
Texas State Board of Registration for Professional Engineers
5174-Practice and Procedure
5175-Registration
Texas Board of Licensure for Nursing Home Administrators
5175-Application
Texas Real Estate Commission
5176-Provisions of the Real Estate License Act
Texas State Board of Examiners of Dietitians
5176-Dietitians
Texas Department of Health
5178-Occupational Health and Radiation Control
5178-Occupational [Environmental] Health
State Board of Insurance
5197-Property and Casualty Insurance
General Land Office
5198-Oil Spill Prevention and Response Hearings Procedures
Texas Water Commission
5199-Industrial Solid Waste and Municipal Hazardous Waste
Texas Department of Human Services
5203-Intermediate Care Facilities for the Mentally Retarded
(ICF-MR)
5204-Primary Home Care
Texas Department of Insurance
5205-Notification Pursuant to the Texas Insurance Code,
Chapter 5, Subchapter L
*****Adopted Sections*****
Texas Board of Licensure for Nursing Home Administrators
5209-Application
Texas State Board of Examiners of Psychologists
5209-Applications
Texas Real Estate Commission
5209-Canons of Professional Ethics and Conduct
5210-Provisions of the Real Estate License Act
5210-Rules Relating to Certified Real Estate Appraisers
Texas Workers' Compensation Commission
5210-Medical Benefits-Guidelines for Medical Services,
Charges, and Payments
Texas Parks and Wildlife Department
5211-Parks
Texas Water Commission
5211-Design Criteria for Sewerage Systems
Comptroller of Public Accounts
5216-Tax Administration
Texas Department of Public Safety
5216-Organization and Administration
5217-All-Terrain Vehicle Operator Education and Certification
Program
Texas Department of Human Services
5217-Family Self-Support Services
5217-Child Protective Services
*****Open Meetings*****
5219-Texas Department of Agriculture
5219-Texas Animal Health Commission
5219-Texas Appraiser Licensing and Certification Board
5219-State Bar of Texas
5219-Texas Bond Review Board
5219-Texas State Board of Examiners of Professional Counselors
5220-Credit Union Department
5220-Texas Department of Criminal Justice, Board of Pardons
and Paroles
5220-Texas State Board of Dental Examiners
5220-Interagency Council on Early Childhood Intervention
5220-Texas Education Agency
5221-Employees Retirement System of Texas
5221-Texas Employment Commission
5221-Texas Department of Health
5221-Texas Commission on Human Rights
5221-Texas Department of Insurance
5222-Texas Commission on Jail Standards
5222-Texas Commission on Law Enforcement Officer Standards
and Education
5222-Texas Department of Licensing and Regulation
5222-Texas Council on Offenders with Mental Impairments
5223-Texas State Board of Podiatry Examiners
5223-Texas Board of Private Investigators and Private
Security Agencies
5223-Public Utility Commission of Texas
5223-Railroad Commission of Texas
5224-Texas National Research Laboratory Commission
5224-Center for Rural Health Initiatives
5224-Interagency Council on Sex Offender Treatment
5225-Sunset Advisory Commission
5225-The Texas A&M University System
5225-Texas Water Commission
5226-Texas Water Commission Association Risk Management
Fund
5226-Regional Meetings
*****In Addition*****
Texas Air Control Board
5229-Notice of Contested Case Hearing Number 286
Office of Consumer Credit Commissioner
5230-Notice of Rate Ceilings
Interagency Council on Early Childhood Intervention
5230-Correction of Error
General Land Office
5230-Correction of Error
Texas Department of Health
5230-Correction of Error
Texas Department of Health
5230-Correction of Error
5230-Genetic Service Programs Contract Funding
5231-Notice of Intent To Revoke Certificates of Registration
5231-Notice of Revocation of Certificates of Registration
5231-Notice of Revocation of Radioactive Material Licenses
Texas High-Speed Rail Authority
5232-Notice of DBE Rule Drafting Meetings*****
Texas Department of Human Services
5232-Availability of Intended Use Report
Texas Department of Insurance
5233-Company Licensing
Texas Department of Licensing and Regulation
5233-Correction of Error
Public Utility Commission of Texas
5233-Notice of Intent To File Pursuant to PUC Substantive
Rule 23.27
Texas Racing Commission
5233-Correction of Error
Railroad Commission of Texas
5233-Notice of Hearing Regarding Regulation of the Production
of Natural Gas
Office of the Secretary of State
5234-Voter Registration Certificate
Texas Water Commission
5238-Notice of Application For Waste Disposal Permit
5238-Notice of Publication Availability
Texas Water Development Board
5239-Applications Received
Back to Top
An agency may take final action on a section 30 days after a proposal has been published in the Texas Register. The section becomes effective 20 days after the agency files the correct document with the Texas Register, unless a later date is specified or unless a federal statute or regulation requires implementation of the action on shorter notice.
If an agency adopts the section without any changes to the proposed text, only the preamble of the notice and statement of legal authority will be published. If an agency adopts the section with changes to the proposed text, the proposal will be republished with the changes.
TITLE 22. EXAMINING BOARDS
Part XIII. Texas Board of Licensure for Nursing Home Administrators
Chapter 243. Application
22 TAC sec.243.2
The Board of Licensure for Nursing Home Administrators adopts an amendment to sec.243.2, concerning administrators-in-training. The amendment is being made due to federal statute which as already passed and gone into effect.
The amendment reflects changes in terminology specified by the Social Security Act, sec.1919(a)-(d), creating the term, "nursing facility", in the Medicaid program, which replaces the terms "skilled nursing facility" and "intermediate care facility" effective October 1, 1990.
This change serves only to clarify terminology. The term "nursing facility" shall replace the terms "skilled nursing facility" and "intermediate care facility."
The amendment is adopted under Texas Civil Statutes, Article 4442d, sec.8, which provide the Texas Board of Licensure for Nursing Home Administrators with the authority to make rules and regulations not inconsistent with law as may be necessary or proper for the performance of its duties, and to take such other actions as may be necessary to enable the state to meet the requirements set forth in the Social Security Act, sec.1908 (42 United States Codes Annotated, sec.1396(g)), the federal rules and regulations promulgated thereunder, and other pertinent federal authority; provided, however, that no rule shall be promulgated, altered, or abolished without the approval of a two-thirds majority of the board.
sec.243.2. Administrators-in-Training.
(a)-(e) (No change.)
(f) Training requirements and procedures.
(1) Administrators-in-training will serve an internship for a minimum period of 520 hours in a nursing home licensed by the Texas Department of Health for 60 beds or more and participating in Medicaid programs as a nursing facility.
(2)-(4) (No change.)
(g)-(k) (No change.)
This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Issued in Austin, Texas, on August 28, 1991.
TRD-9111377
Kim M. Foutz
Administrative Technician III
State Board of Licensure for Nursing Home Administrators
Effective date: October 4, 1991
For further information, please call: (512) 458-1955
Part XXI. Texas State Board of Examiners of Psychologists
Chapter 463. Applications
22 TAC sec.463.5
The Texas State Board of Examiners of Psychologists adopts amendment to sec.463.5, without changes to the proposed text as published in the August 13, 1991, issue of the Texas Register (16 TexReg 4398).
The amendment will allow the board to gather more information about an applicant's past. It will also allow the board to hold an application in abeyance until any complaint filed against an applicant has been considered by the board.
The amendment will enable more information to be asked of each applicant; the application process will be stopped whenever a complaint is filed against an applicant and it will resume after the board has made a determination on the complaint.
No comments were received regarding adoption of the amendment.
The amendment is adopted under Texas Civil Statutes, Article 4512c which provide the Texas State Board of Examiners of Psychologists with the authority to make all rules not inconsistent with the Constitution and laws of this state, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.
This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Issued in Austin, Texas, on September 13, 1991.
TRD-9111382
Patricia S. Bizzell Tweedy
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: October 4, 1991
Proposal publication date: August 13, 1991
For further information, please call: (512) 835-2036
Part XXIII. Texas Real Estate Commission
Chapter 531. Canons of Professional Ethics and Conduct
22 TAC sec.531.18
The Texas Real Estate Commission adopts an amendment to s531.18, concerning display of consumer information by licensees, with changes to the proposed text as published in the August 6, 1991, issue of the Texas Register (16 TexReg 4264).
The amendment is necessary to enforce compliance with Senate Bill 432, 72nd Legislature (1991), which requires real estate licensees and inspectors to make information about the recovery funds administered by the commission available to consumers. Real estate brokers and inspectors will be required to display the consumer notice form in each place of business they maintain. The notice advises consumers of the recovery funds administered by the commission and provides the commission's mailing address and telephone number.
On final adoption the notice adopted by reference was modified to clarify there is a separate recovery fund available to a consumer damaged by the acts of a licensed real estate inspector.
No comments were received regarding adoption of the amendment.
The amendment is adopted under Texas Civil Statutes, Article 6573a, sec.5(h), which authorize the Texas Real Estate Commission to make and enforce all rules and regulations necessary for the performance of its duties.
sec.531.18. Consumer Information Form 1-1.
(a) The Texas Real Estate Commission adopts by reference Consumer Information Form 1-1 approved by the Texas Real Estate Commission in 1991. This document is published by and available from the Texas Real Estate Commission, P. O. Box 12188, Austin, Texas 78711-2188.
(b) Each real estate inspector or active real estate broker licensed by the Texas Real Estate Commission shall display Consumer Information Form 1-1 in a prominent location in each place of business the broker or inspector maintains.
This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Issued in Austin, Texas, on September 10, 1991.
TRD-9111228
Mark A. Moseley
General Counsel
Texas Real Estate Commission
Effective date: November 1, 1991
Proposal publication date: August 6, 1991
For further information, please call: (512) 465-3900
Chapter 535. Provisions of the Real Estate License Act
Education, Experience, Educational Programs, Time Periods, and Type of License
22 TAC sec.535.66, sec.535.69
The Texas Real Estate Commission adopts an amendment to s535.66 and new sec.535.69, concerning provisions of the Real Estate License Act. Section 535.66 is adopted with changes to the proposed text as published in the August 6, 1991, issue of the Texas Register (16 TexReg 4264). Section 535.69 is adopted without changes and will not be republished.
The amendment to sec.535.66 is necessary to permit schools approved and regulated by other state agencies to submit real estate or real estate-related courses to the commission for approval. Adoption of the amendment broadens the acceptance of coursework submitted by applicants for real estate licenses.
The adoption of new sec.535.69 is necessary to establish additional core real estate courses related to the commission's promulgated contract forms and to residential real estate inspections. Adoption of the new section will encourage study of the topics specified in the new core courses.
A nonsubstantive change was made to correct an error in the proposed text for the amendment to sec.535.66.
No comments were received regarding adoption of the amendment or new section.
The amendment and new section are adopted under Texas Civil Statutes, Article 6573a, sec.5(h), which provide the Texas Real Estate Commission with the authority to make and enforce all rules and regulations necessary for the performance of its duties.
sec.535.66. Educational Programs: Accreditation.
(a)-(b) (No change.)
(c) In considering an application, special attention will be given to management, instructorship, physical plant, financial base, and curriculum.
(1) An entity filing an application for approval of a proprietary real estate school in Texas shall submit material for no less than 180 hours or core real estate courses with the original application for approval.
(2) Professional or trade organizations or schools approved and regulated by an agency of this state may submit real estate or real estate related courses for approval limited to their areas of specialization.
(d)-(ii) (No change.)
(jj) The commission may place on probation or suspend or withdraw accreditation of a school or course offered by a school or other entity approved to offer courses for a violation of these sections or for other good cause as determined by the commission. The commission may place on probation, suspend operation, or withdraw accreditation of a school or course for the failure of the school or entity to provide within 15 days information requested by commission staff as a result of a formal or informal complaint to the commission which would indicate a violation of these sections.
(kk)-(ss) (No change.)
This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Issued in Austin, Texas, on September 10, 1991.
TRD-9111230
Mark A. Moseley
General Counsel
Texas Real Estate Commission
Effective date: October 2, 1991
Proposal publication date: September 6, 1991
For further information, please call: (512) 465-3900
Chapter 544. Rules Relating to Certified Real Estate Appraisers
22 TAC sec.sec.544.1-544.9
The Texas Real Estate Commission adopts the repeal of sec. s544.1.544.9, concerning certified real estate appraisers, without changes to the proposed text as published in the August 6, 1991, issue of the Texas Register (16 TexReg 4265).
Repeal of these sections is necessary because authority to certify appraisers has been transferred from the Texas Real Estate Commission to the Texas Appraiser Licensing and Certification Board.
No comments were received regarding adoption of the repeals.
The repeals are adopted under Texas Civil Statutes, Article 6573a, sec.5(h), which authorize the Texas Real Estate Commission to make and enforce all rules and regulations necessary for the performance of its duties.
This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Issued in Austin, Texas, on September 10, 1991.
TRD-9111229
Mark A. Moseley
General Counsel
Texas Real Estate Commission
Effective date: October 2, 1991
Proposal publication date: August 6, 1991
For further information, please call: (512) 465-3900
TITLE 28. INSURANCE
Part II. Texas Workers' Compensation Commission
Chapter 134. Medical Benefits-Guidelines for Medical Services, Charges, and Payments
Subchapter A. Medical Policies
28 TAC sec.134.1
The Texas Workers' Compensation Commission adopts new sec.134.1, concerning the various medical fee guidelines that are adopted by the commission, for the purposes of establishing maximum reimbursement rates for services for treatment of injured workers covered by workers' compensation insurance. The section indicates how these guidelines are to be used by parties, most likely insurance carriers, adjusters, and health care providers, in order to properly calculate the amounts that should be paid to health care providers. The section is adopted with changes to the proposed text as published in the April 23, 1991, issue of the Texas Register (16 TexReg 2271).
New sec.134.1 indicates that the ground rules and medical services standards established by fee guidelines shall be used to calculate proper amounts of payments due to health care providers. The section states that health care providers shall bill the insurance carrier for medically necessary services and treatments rendered to relieve the effects on a compensable injury, or promote recovery, by using codes from fee guidelines. The section tells health care providers which one of three existing fee guidelines apply to their practices: the Medical Fee Guideline, as referenced and incorporated in sec.134.200 of this title (relating to Medical Fee Guideline); the Hospital Fee Guideline, referenced and incorporated in sec.134.400 of this title (relating to Hospital and Ambulatory Surgical Center Fee Guideline); or the Pharmaceutical Fee Guideline, as set forth in sec.134.501 of this title (relating to Pharmaceutical Fee Guideline). The section tells residential treatment centers, nursing, homes, and home health agencies that there is no applicable current guideline in use for them, and states that they will be reimbursed for services at fair and reasonable rates as described in the Texas Workers' Compensation Act, sec.8.21(b), until such time as the commission adopts specific fee guidelines for these providers.
One commenter asked that registered nurses be added to subsection (c) of the section, because the Medical Fee Guideline controls bills for some nurses services (for example, certified registered nurse anesthetists). The commission agrees, and has incorporated the suggested change.
The Texas Nurses Association commented against the proposed section. No comments specifically in favor of the proposed section were received.
The new section is adopted under Texas Civil Statutes, Article 8308, sec.8. 21(a) and (b), which authorize the commission to adopt guidelines, by rule, relating to payment of fees charged for specific medical treatments or services; and sec.2.09(a), which authorize the commission to adopt rules necessary for the implementation and enforcement of the Texas Workers' Compensation Act, Article 8308, sec.1.01 et seq.
sec.134.1. Use of the Fee Guidelines.
(a) The ground rules and the medical service standards and limitations as established by the fee guidelines shall be used to properly calculate the payments due to the health care providers.
(b) Health care providers shall bill the insurance carrier for all compensable injuries using the codes from the fee guidelines established by the commission. The health care provider shall bill the insurance carrier for the health care treatments and services performed, and medically necessary to relieve the effects of the compensable injury and promote recovery.
(c) Doctors of medicine, osteopathy, chiropractic, podiatry, optometry, psychology, and registered nurses, physical therapists, occupational therapists, imaging or radiology centers, minor emergency centers, free-standing pathology centers, durable medical equipment suppliers, and orthotic and prosthetic suppliers shall bill the insurance carrier using the medical fee guideline described in sec.134.200 of this title (relating to Medical Fee Guideline).
(d) Pharmacists, in settings other than a hospital, shall bill according to the Pharmaceutical Fee Guideline described in sec.134.501 of this title (relating to Pharmaceutical Fee Guideline).
(e) Hospitals, licensed by the Texas Department of Health or Texas Department of Mental Health and Mental Retardation, and ambulatory surgical centers, licensed by the Texas Department of Health, shall bill according to the Hospital and Ambulatory Surgical Center Fee Guideline described in sec.134.400 of this title (relating to Hospital and Ambulatory Surgical Center Fee Guideline).
(f) Reimbursement for service not identified in an established fee guideline shall be reimbursed at fair and reasonable rates as described in the Texas Workers' Compensation Act, sec.8.21(b), until such period that specific fee guidelines are established by the commission.
This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Issued in Austin, Texas, on September 16, 1991.
TRD-9111399
Susan M. Kelley
General Counsel
Texas Workers' Compensation Commission
Effective date: October 7, 1991
Proposal publication date: April 23, 1991
For further information, please call: (512) 440-3972
TITLE 31. NATIONAL RESOURCES AND CONSERVATION
Part II. Texas Parks and Wildlife Department
Chapter 59. Parks
Park Entrance and Park User Fees
31 TAC sec.59.6
The Texas Parks and Wildlife Commission adopts new sec.59.6 concerning conservation permit fee, without changes to the proposed text as published in the June 7, 1991, issue of the Texas Register (16 TexReg 3126).
New legislation requires the commission to set the amount of the conservation permit fee.
The adopted section will function to permit the department to maintain public land visitor services through the revenue generated by the permit.
No comments were received regarding adoption of the new section.
The new section was adopted under the authority of the Texas Parks and Wildlife Code, Chapter 43, Subchapter N, as amended by House Bill 1207, 72nd Regular Legislative Session which provides the Texas Parks and Wildlife Commission with the authority to set the conservation permit fee and Texas Civil Statutes, Article 6252-13a.
This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Issued in Austin, Texas, on September 13, 1991.
TRD-9111380
Paul M. Shinkawa
Director, Legal Services
Texas Parks and Wildlife Services
Effective date: October 4, 1991
Proposal publication date: June 7, 1991
For further information, please call: (512) 389-4867
Part IX. Texas Water Commission
Chapter 317. Design Criteria for Sewerage Systems
31 TAC sec.317.15
The Texas Water Commission adopts new sec.317.15, with changes to the proposed text as published in the April 5, 1991, issue of the Texas Register (16 TexReg 1974), concerning design of wastewater treatment systems. The section establishes minimum design standards for facilities which use constructed wetlands units to treat and dispose of primarily domestic wastewater. The section defines minimum acceptable standards and recommended guidelines which must be met in order to obtain construction approval and where applicable, rate the capacity of the previously mentioned facilities. This section is adopted as a new section to the existing 31 TAC Chapter 317. The authority vested in this chapter has been granted to the Texas Water Commission by the 70th Legislature under the Texas Water Code, sec.26.034.
The new section will be included in Chapter 317 as "Appendix G" and reflects guidelines for the design and construction of constructed wetland units. The section provides design requirements and recommended guidelines for the utilization of constructed wetlands units as municipal wastewater treatment systems. Section 317.15(a) defines constructed wetlands terminology, prohibits the use of natural wetlands as treatment units, identifies typical vegetation, and states acceptable uses. Section 317.15(b) states general design considerations and requirements for primary treatment, liners, flood protection, configuration, flow distribution, and total suspended solids removal. Section 317.15(c) concentrates on submerged flow design, media sizing, organic loading, and natural aeration capacity. Section sec.317.15(d) concentrates on free water surface design, organic loadings, and vector control.
TWC received comments concerning this rule making. The Texas Water Development Board and the Farmers Home Administration (Federal) were in favor of this rule and offered comments concerning treatment unit sizing and multiple basin requirements. Additional data prompted TWC to decrease the detention time for the free water surface system and increase the detention time for the submerged flow system. Several consulting engineering firms offered comments that resulted in the free water surface system's water depth being limited to 18-inches. Also, the submerged flow system should incorporate a method of dealing with algal mats that may form in the primary treatment unit, and the water level shall be maintained at least six inches below the rock media surface. Recent data indicated that constructed wetland technology has not proven the ability to consistently nitrify typical domestic strength sewage to meet average permit limits of 5 mg/l or less. These rules will require a separate treatment unit.
The new section is adopted under the Texas Water Code, s26.023, which provides the Texas Water Commission with the authority to make rules setting water quality standards for all water in the state. The new section is also proposed under the Texas Water Code, sec.5.103, which authorizes the commission to adopt any rules necessary to carry out its powers and duties under the Water Code and other laws of this state.
sec.317.15. Appendix G -General Guidelines for the Design of Constructed Wetlands Units for use in Municipal Wastewater Treatment.
(a) Definitions. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.
(1) Constructed wetlands-Designed and man-made complexes of saturated substrates, emergent and submergent vegetation, animal life, and water that simulates natural wetlands. Constructed wetlands as described in these rules are meant to function exclusively as wastewater treatment units. They consist of two varieties: submerged flow systems and free water surface systems. Combinations of these varieties may also be acceptable methods of treatment. Constructed wetlands are constructed treatment systems that are inundated or saturated by wastewater flows at a frequency and duration sufficient to support, and under normal circumstances do support, a prevalence of flora and fauna typically adapted for life in saturated or inundated soil conditions, i.e., a wetland. Terms that are considered synonymous with constructed wetlands treatement systems are manmade wetlands, engineered wetlands, artificial wetlands, rock reed filters, vertical bio-reactor, submerged flow systems, freewater surface systems, artificial marsh, marsh reed filter, botanical reactor, rooted emergent wetland filters and microbial rock plant filters.
(2) Submerged flow-A submerged flow system (SFS) consists of a lined basin or channel filled with a granular rock media. The media supports the growth of both emergent vegetation on the surface and fixed bio-film on the subsurface. The wastewater flows horizontally, vertically, and transverses the subsurface of the rock media through interstices of the media and vegetation root structure. Wastewater levels are nominally maintained at least six inches below the rock media surface. Total rock media depth shall not exceed 24 inches.
(3) Free water surface-The free water surface system (FWS) consists of a lined basin or channel partially filled with soil or other media suitable for supporting rooted emergent and/or submergent vegetation. Wastewater flows over the top of the media and through the stalks of the emergent and/or submergent vegetation at an average depth no greater than 18 inches.
(b) General considerations. These guidelines are intended for an exemplary basis. The criteria for design, construction, and operation should be based on data collected from operational data of similar facilities, pilot-plant and bench-scale studies, and/or proper engineering and scientific investigations which should be submitted at the time of review.
(1) Algal mat removal. Provisions shall be made for algal mat removal from primary treated effluent prior to entering into the wetland units. These provisions may include bar screens, adjustable inlets, baffles, and other methods as approved by the commission.
(2) Natural wetlands. The commission will prohibit the use of any land defined as a wetland by the United States Army Corps of Engineers in 40 Code of Federal Regulations, sec.122.2 and subject to regulations found in the Clean Water Act, sec.404, for use in wastewater treatment. Any subsequent construction activity located in a natural wetland may require a permit from the United States Army Corps of Engineers.
(3) Typical wetlands vegetation. Suggested flora for constructed wetlands in the State of Texas include the following.
(A) Emergent aquatic vegetation such as Typha spp. (cattails), Scirpus spp. (bulrush), Sagittaria spp. (arrowhead), Phragmites spp. (reeds), Juncus spp. (rushs), Eleocharis spp. (spikerush), caladium spp. (elephant ear), or other acceptable species may be used.
(B) Floating aquatic vegetation such as Lemna spp. (duckweed), Hydrocotyle umbellata (water pennywort), Limnobium spongia (frogbit), Nymphaea spp. (water lily), and Wolffia spp. (water meal), or other acceptable species may be used.
(C) The use of indigenous plants is strongly recommended provided that these species have been proven suitable for use in wastewater treatment. Procurement of these seed plants from natural wetlands should ensure the natural wetlands are not significantly impacted.
(D) The use of all harmful or potentially harmful wetlands plants and organisms, as described in 31 TAC sec.sec.57.111-57.118 and 31 TAC sec.sec.57.251-57.258, must first be approved by the Texas Parks and Wildlife Department.
(3) Allowed uses. Constructed wetlands can be used as a:
(A) secondary treatment unit; or
(B) advanced secondary treatment unit.
(4) Primary treatment. All systems shall be preceded by primary treatment. Systems may be preceded by secondary treatment. Primary treatment can include septic tanks, Imhoff tanks, facultative lagoons, aerated lagoons, stabilization ponds, and any other treatment process which removes the settleable solids and floating material. The design of these pretreatment units shall conform with applicable state design criteria.
(5) Liners. When required in the facility's permit or by the commission, basins shall be lined with an impermeable liner, either soil or synthetic, as described in subparagraphs (A) and (B) of this paragraph.
(A) Soil.
(i) All placed clay or in-situ soils used for basin liners shall be certified by adequate geotechnical test results. For all in-situ soils, the design engineer shall present adequate soil borings information which ensures the homogeneousness of the selected soil. Placed clay or in-situ soils shall have a measured permeability of less than 10-7 cm/sec. and/or the following characteristics:
(I) more than 30% passing a #200 mesh sieve;
(II) liquid limit greater than 30%;
(III) plasticity index greater than 15;
(IV) no clods larger than two inches;
(V) minimum compacted thickness of two feet for placed clay liners and four feet for in-situ soils.
(ii) All placed clay liners shall be installed according to the following criteria. However, when using in-situ soils for the required liner, only the upper six inches should be reworked as follows:
(I) maximum loose lift of eight inches, six inches compacted;
(II) minimum compaction effort of 95% Standard Proctor (ASTM D-698);
(III) liners shall be keyed into the existing in-situ soils.
(B) Synthetic. All synthetic liners shall have a minimum thickness of 30 mils and contain underdrain leak detection which shall consist of leachate collection and detection systems. Proper installation of the materials mentioned in sub-paragraph (A) of this paragraph shall be described in the project's specifications. The liner material shall be resistant to or protected from ultra-violet (UV) light degradation.
(6) Flood hazard analysis. The 1OO-year flood plain elevation shall be provided. Proposed treatment units which are to be located within the 1OO-year flood plain will not be approved for construction unless protective measures satisfactory to the commission (such as levees or elevated treatment units) are included in the project design. If construction inside the 1OO-year flood plain is necessary, authorization from the proper coordinating authority must be obtained. All units must either be three feet above the 100-year flood plain or have a berm with at least three feet of freeboard above the 1OO-year flood plain.
(7) Berms. Berms shall have side slopes of no steeper than 3:1. Berms shall be lined or constructed of impermeable clay as described in the preceding section pertaining to soil liners. All clay berms shall be keyed into the clay liner.
(8) Configuration. Facilities with permitted average daily flows over 100,000 gallons per day shall conform with the following configuration standards.
(A) Multiple units. The treatment system shall be divided into multiple units that can be operated separately. Each unit shall have the ability to be completely drained.
(B) Parallel trains. Design considerations may include parallel treatment streams or trains which can be operated independently of each other.
(C) Length to width ratio. The units shall be designed to operate as plug flow channels. A proper length to width ratio to achieve this condition should be considered in the design of each system.
(D) Switching capability. The design shall allow for each unit to be taken out of service at any time and its flows routed to another unit. The treatment system must be capable of treating the daily average flow with the largest unit out of service.
(E) Wind protection. All FWS systems shall be situated so as to minimize the adverse effects of the prevailing winds.
(F) Minimum slope. All systems should maintain a minimum slope along the bottom of at least 0.075% to facilitate draining.
(9) Flow distribution.
(A) Inlets. All treatment units shall have multiple inlets (a minimum of three) and provide a method to mitigate erosion of the media.
(B) Outlets. All treatment units shall have multiple outlets (a minimum of three). FWS outlets shall be submerged and be able to exclude floating detrital material and scum.
(C) Water levels. The design should allow inlets and outlets to be raised and lowered, so that water levels within the basin can similarly be varied and provide the ability to flood the beds when necessary.
(D) Basin hydraulic design.
(i) Submerged flow systems. SFS systems should be designed to prevent surface ponding of wastewater. The hydraulic loading of these systems should be limited to the effective hydraulic capacity of the media in place. This effective hydraulic capacity will be a function of the clean media's hydraulic capacity reduced by root intrusion, slime layer, detritus, algae, and other blockages.
(ii) Free water surface systems. FWS systems should be designed to prevent scour, erosion, and plant damage during peak flow periods. The hydraulic loading of these systems should be limited to the open channel carrying capacity of the unit at full growth.
(10) Flow equalization. Flow to the units shall provide for a uniform environment and growth conducive to wetlands.
(11) Initial vegetation spacing. Plants should be placed no greater than 66-inches apart (center to center). All plants to be used should be healthy, insect free, and undamaged. A broad diversity of plant species within any unit is recommended.
(12) TSS removal. The Total Suspended Solids (TSS) removal efficiency of the wetland system is dependent on the quiescence of the system. However, if the facility is unable to meet its permitted parameters, alternate means of solids removal must be pursued.
(13) Nitrification. Current wetland technology has not proven the ability to consistently nitrify typical domestic strength sewage to meet average permit limitations below 5 mg/l. The design of any wetland proposed for use in this type situation will incorporate a separate nitrification process.
(14) Harvesting. Harvesting of dead wetland vegetation and detritus plant matter is recommended.
(c) Submerged flow system design.
(1) Basic design parameters. SFS wetlands are sized according to primary and/or secondary treatment efficiency preceding the units, i.e. fraction of remaining BOD5, and the permitted 30-day average effluent discharge concentration of BOD5. The following factors shall be considered in the selection of the design hydraulic and organic loadings: strength of the influent sewage, effectiveness of primary and/or secondary treatment, type of media, ambient wastewater temperature for winter conditions, and treatment efficiency required.
(A) Rock/media design. The following are minimum requirements for material specifications of the rock media.
(i) Crushed rock, slag, or similar media should not contain more than 5.0% by weight of pieces whose longest dimension is three times its least dimension. The rock media should be free from thin, elongated and flat pieces and should be free from clay, sand, organic material, or dirt. The media should have a Morhs hardness of at least 5.0.
(ii) Rock media, except for the top planting layer, should conform to the following size distribution and gradation when mechanically graded over a vibrating screen with square openings:
(I) passing six inch sieve-100% by weight;
(II) retained on two-inch sieve-90-100% by weight.
(III) passing one-inch sieve- << 0.1% by weight.
(B) Installation of the rock media.
(i) Rock media shall be rinsed or washed to remove sediment. This washing should be sufficient to remove any significant amounts of dirt or accumulated debris.
(ii) The proper placement and installation of media is vital to the success of the system. Undue compaction exerted on the media's surface, as it is installed and after its installation, can fracture and consolidate the media. The introduction of foreign fine particles and fracturing can adversely affect the system's hydraulic conductivity. Therefore, the following guidelines are recommended.
(I) A layer of smaller rock (0.5-1.0 inches) may be used on the top of the unit to ease planting of the vegetation and aid in vector control.
(II) Media should be gently put in place, avoiding excessive dropping, jostling, and abusive handling.
(III) Heavy machinery should not be allowed on the surface of the media after final placement. If machinery is allowed on the surface, all tire ruts should be smoothed over to prevent ponding in ruts.
(IV) Provisions should be made prior to planting to provide water and nutrients to the plants if the system start-up will be delayed.
(2) Organic loadings. The following tables present typical ranges for detention time within the system in days. Each detention time represents combinations of different classes of secondary and advanced secondary treatment and different effluent parameters. Design engineers may submit justify their efficiency calculations. These times represent the theoretical detention time of wastewater within the basin. Therefore, the amount of detention volume available is equal to the basin's volume multiplied by the average porosity of the media. Evapotranspiration and precipitation should also be considered when calculating detention time. The tables are based upon an average effective porosity media of 32%, and an average wastewater treatment plant influent BOD5 of 200 mg/l.
(A) Secondary and Advanced Secondary treatment. The detention times in Table Number 1 are based on the fractional BOD5 remaining in the wetland system's influent and the permitted effluent limits. For permitted effluent BOD5 concentration and removal efficiencies that fall between the listed quantities, linear interpolation is permissible. Table Number 1 is based on the following assumptions:
(1) ambient winter conditions wastewater temperature of 7. 5 degrees Centigrade (45.5 degrees Fahrenheit); and
(2) an average wastewater treatment plant influent BOD5 of 200 mg/l. If the wastewater winter temperature is lower wastewater winter temperature is lower than that indicated above, detention times must be modified.
[graphic]
(B) Advanced secondary treatment following pond systems only. The detention time is based on the assumption that the treatment facility is composed of a facultative lagoon followed by two stabilization ponds, each sized according to the current State design criteria found in this chapter. For applications where pond effluent is to be polished to meet an effluent BOD5 concentration of 30 mg/l, a minimum of one-day detention time through the wetland system will be required.
(3) Oxygen loadings. Since SFS should function in an aerobic environment, the wastewater dissolved oxygen level is critical. Surface area needed to maintain sufficient oxygen transfer through developed plant roots shall be designed based on approved and acceptable engineering methods.
(d) Free water surface system design.
(1) Basic design parameters. FWS wetlands are sized according to primary and/or secondary treatment efficiency, i.e. fraction of remaining BOD5, and the permitted 30-day average effluent discharge concentration of BOD5. The following factors are considered in the selection of the design hydraulic and organic loadings: strength of the influent sewage, effectiveness of primary and/or secondary treatment, type of media, ambient wastewater temperature for winter conditions, and treatment efficiency required.
(2) Organic loading. The following tables present typical ranges for detention time within the wetland system in days. Each detention time represents combinations of different classes of primary and secondary treatment and the different effluent parameters. Design engineers may submit sufficient operating data for similar installations, and/or actual field conditions to justify their efficiency calculations for the wetland system. The tables are based on the following assumptions: Specific surface area of the media (stems, roots, detritus, etc. 15.7 m2/m3; ambient winter conditions wastewater temperature of 7.5 degrees Centigrade (45.5 degrees Fahrenheit); and an average wastewater treatment plant influent BOD5 of 200 mg/l.
(A) Secondary treatment. These detention times are based on the type and efficiency of the primary treatment unit which precedes the FWS wetlands.
(i) Septic tank or facultative pond as primary treatment method:
[graphic]
(ii) Imhoff tank or clarification as primary treatment method:
[graphic]
(B) Advanced secondary treatment. The detention times given in Table Number 4 are based on the fraction of BOD5 remaining after secondary treatment. Table Number 4 assumes a wastewater treatment plant influent BOD5 of 200 mg/l. For percentages that fall between the listed quantities, linear interpolation is permissible.
[graphic]
(C) Vector control. The presence of mosquitos and other vectors has been associated with open water. Since the FWS systems will have open water surfaces, vector control must be a priority. Vector control mechanisms using natural controlling agents such as introduction of Gambusia spp. (mosquito fish) have been proven effective. However, if the predatory fish are used to control vectors, provisions must be made within the basin for designated open water areas so the fish can surface for oxygen. At least 20% of the basin's surface should be open to the atmosphere. Other methods of vector control may be considered. However, the introduction of chemicals (such as pesticides) should be carefully evaluated so that there are no adverse effects on vegetation or on effluent water quality.
This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Issued in Austin, Texas, on September 12, 1991.
TRD-9111319
Jim Haley
Director, Legal Division
Texas Water Commission
Effective date: October 3, 1991
Proposal publication date: April 5, 1991
For further information, please call: (512) 463-8069
TITLE 34. PUBLIC FINANCE
Part I. Comptroller of Public Accounts
Chapter 3. Tax Administration
Subchapter O. State Sales and Use Tax
34 TAC sec.3.292
The Comptroller of Public Accounts adopts an amendment to sec.3.292, concerning repair, remodeling, maintenance, and restoration of tangible personal property, without changes to the proposed text as published in the July 26, 1991, issue of the Texas Register (16 TexReg 4064).
The amendment deletes the subsections relating to repairs of certain aircraft, motor vehicles, and commercial vessels. A new 34 TAC sec.3.359 concerning motor vehicles and private aircraft is being proposed to cover persons who work on private aircraft and motor vehicles. Persons repairing commercial vessels and aircraft that are licensed and certificated carriers should refer to 34 TAC sec.3. 297 concerning carriers. Other amendments clarify the sales tax responsibilities of persons who repair, restore, remodel, or maintain tangible personal property other than motor vehicles, commercial vessels, and aircraft that are licensed and certificated carriers.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Tax Code, sec.111.002, which provides the comptroller with the authority to prescribe, adopt, and enforce rules relating to the administration and enforcement of the provisions of the Tax Code, Title 2.
This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Issued in Austin, Texas, on September 16, 1991.
TRD-9111387
Martin Cherry
Chief, General Law Section
Comptroller of Public Accounts
Effective date: October 7, 1991
Proposal publication date: July 26, 1991
For further information, please call: (512) 463-4028
34 TAC sec.3.359
The Comptroller of Public Accounts adopts new sec.3.359, concerning motor vehicles and private aircraft, concerning motor vehicles and private aircraft, without changes to the proposed text as published in the July 26, 1991, issue of the Texas Register (16 TexReg 4067).
The new section sets out the sales and use tax responsibilities of persons who repair, remodel, maintain, or restore motor vehicles and private aircraft. Persons who perform these activities were previously covered by 34 TAC sec.3.292, concerning repair, remodeling, maintenance, and restoration of tangible personal property. The comptroller feels that trying to cover two types of businesses with different tax responsibilities under one section is cumbersome and could be confusing to taxpayers. Also proposed for amendment is 34 TAC sec.3.292, concerning repair, remodeling, maintenance, and restoration of tangible personal property. Persons who repair, remodel, or maintain aircraft that are licensed and certificated carriers and commercial vessels should refer to 34 TAC sec.3.297, concerning carriers.
The addition of paragraph (2) to subsection (c) is the result of changes to the Tax Code, Chapter 151, regarding consumable supplies used by persons repairing motor vehicles. The change regarding consumable supplies was made by the 72nd Legislature, 1991, and has an effective date of October 1, 1991.
No comments were received regarding adoption of the new section.
The new section is adopted under the Tax Code, sec.111.002, which provides the comptroller with the authority to prescribe, adopt, and enforce rules relating to the administration and enforcement of the provisions of the Tax Code, Title 2.
This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Issued in Austin, Texas, on September 16, 1991.
TRD-9111388
Martin Cherry
Chief, General Law Section
Comptroller of Public Accounts
Effective date: October 7, 1991
Proposal publication date: July 26, 1991
For further information, please call: (512) 463-4028
TITLE 37. PUBLIC SAFETY AND CORRECTIONS
Part I. Texas Department of Public Safety
Chapter 1. Organization and Administration
Personnel and Employment Policies
37 TAC sec.1.22
The Texas Department of Public Safety adopts an amendment to sec.1.22, concerning screening of applicants on the basis of traffic and criminal record, without changes to the proposed text as published in the August 6, 1991, issue of the Texas Register (16 TexReg 4267).
The adoption of this section provides that applicants with a driving while intoxicated conviction that occurred more than five years prior to date of application for employment will be allowed to compete for noncommissioned positions within the department.
Paragraphs (2) is amended to delete and add language whereby a conviction of driving while intoxicated during the five-year period immediately prior to the date of application will be cause for automatic disqualification. The arrest title for driving under the influence of drugs is changed to driving while intoxicated by previous statutory provision.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Texas Government Code, sec.411.007, which provides the Public Safety Commission with the authority to establish grades and positions for the department to set standards of qualifications for each such grade and position so establish. Rulemaking authority is granted in this section.
This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Issued in Austin, Texas, on September 9, 1991.
TRD-9111238
James R. Wilson
Director
Texas Department of Public Safety
Effective date: October 2, 1991
Proposal publication date: August 6, 1991
For further information, please call: (512) 465-2000
Chapter 33. All-Terrain Operator Education and Certification Program
37 TAC sec.sec.33.2-33.4
The Texas Department of Public Safety adopts amendments to sec.sec.33.2-33.4, concerning operator education program, operator education program sponsor and instructors, and notice of hearing requirements without changes to the proposed text as published in the August 6, 1991, issue of the Texas Register (16 TexReg 4268).
The adoption of these amendments will ensure the public that administration of the All-Terrain Vehicle Program meets professional standards and state requirements for instructors of operator education programs.
Section 33.2(a) is amended by adding language regarding distribution of information about Texas laws which pertain to all-terrain vehicles. Section 33.3 is amended by deleting and adding language pertaining to instructor application for certification to teach in Texas. These amendments appear in subsections (a) -(c). Amendment to sec.33.4 adds subsection (a)(5) pertaining to department revocation of certification of the applicant or instructor.
No comments were received regarding adoption of the amendments.
The amendments are adopted under Texas Civil Statutes, Article 6701c-5, which provide the Texas Department of Public Safety with the authority to adopt rules to effectively administer the All-Terrain Vehicle Education and Certification Program.
This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Issued in Austin, Texas, on September 9, 1991.
TRD-9111243
James R. Wilson
Director
Texas Department of Public Safety
Effective date: October 2, 1991
Proposal publication date: August 6, 1991
For further information, please call: (512) 465-2000
TITLE 40. SOCIAL SERVICES AND ASSISTANCE
Part I. Texas Department of Human Services
Chapter 10. Family Self-Support Services
Employment Services
40 TAC sec.10.2304
The Texas Department of Human Services (DHS) adopts an amendment to sec.10. 2304, concerning support services for participants in job opportunities and basic skills (JOBS) with changes to the proposed text as published in the August 6, 1991, issue of the Texas Register (16 TexReg 4276).
Justification for the amendment is to ensure provision of sufficient reimbursement for transportation expenses necessary for JOBS participation, thereby allowing more clients to participate in JOBS activities helping them to gain employment and to become self-sufficient.
The amendment will function by establishing a methodology by which JOBS transportation allowance limits, established by the Texas Board of Human Services on August 2, 1990, may be adjusted appropriately.
No comments were received regarding adoption of the amendment. The department made one minor change to more accurately reflect current procedures for issuance of transportation allowances.
The amendment is adopted under the Human Resources Code, Title 2, Chapter 22, which authorizes the department to administer public assistance programs.
sec.10.2304. Support Services for Participants in Job Opportunities and Basic Skills (JOBS). Participants in JOBS are eligible for the following reimbursements if identified as needed in the participant's mutually agreed upon service plan.
(1) Transportation expense allowance-A participant may receive an allowance not to exceed a monthly amount determined by the Texas Board of Human Services for transportation expenses based on scheduled JOBS component activities. The transportation rates are based upon local transportation market surveys and are subject to changing market conditions. Changes to the rate schedules will be published periodically in the Texas Register and be available in local Texas Department of Human Services (DHS) offices.
(2) (No change.)
This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Issued in Austin, Texas, on September 12, 1991.
TRD-9111287
Nancy Murphy
Agency liaison, Policy and Document Support
Texas Department of Human Services
Effective date: October 7, 1991
Proposal publication date: August 6, 1991
For further information, please call: (512) 450-3765
Chapter 49. Child Protective Services
Subchapter P. Preparation for Adult Living
40 TAC sec.sec.49.1601-49.1603
The Texas Department of Human Services (DHS) adopts new Subchapter P, sec.sec.49.1601-49.1603, concerning preparation for adult living (PAL). Section 49. 1601 is adopted with changes to the proposed text as published in the June 7, 1991, issue of the Texas Register (16 TexReg 3131). Sections 49.1602 and 49.1603 are adopted without changes and will not be republished.
The new sections are justified because they provide for the preparation of older teenagers in DHS's conservatorship to begin living independently as adults.
The new sections will function by establishing a program to prepare older teenagers in substitute care to live independently as adults.
The department received one written comment concerning the proposed new sections during the public comment period. A representative of the Texas Rehabilitation Commission (TRC) questioned the provision in proposed sec.49. 1601(a) that permits DHS to deny PAL services when staff document that a teenager has a disability so severe that "the teenager is unlikely to ever live independently." The commenter pointed out that the department would have to complete a comprehensive evaluation of a teenager's potential for independent living to meet this requirement. The commenter questioned the department's ability to conduct such an evaluation without special assistance, and encouraged the department to seek help from such outside resources such as the TRC's independent living centers.
The department essentially agrees with this comment and is taking three steps in response to it. First, the department has revised sec.49.1601(a) to limit the scope of the needed assessment of a teenager's disability. Rather than requiring staff to determine if a disabled teenager will ever live independently, the revised section requires staff to consider whether the teenager will benefit from PAL services. In other words, staff must consider the likely benefits of the specific services that the PAL program has to offer, not the overall impact of a disability on the future course of a teenager's life.
Second, to help ensure that disabled teenagers receive appropriate transitional services when PAL services are not likely to meet their needs, the department has added the following sentence to sec.49.1601(a): "When PAL services are not likely to meet the needs of a disabled teenager, PSFC staff must make reasonable efforts to refer the teenager to other services that will prepare him to live as independently as possible when he reaches adulthood."
The third step the department is taking in response to the comment is to research the availability of resources for coordinating and improving transitional services to teenagers with disabilities. When this research is completed, the department will establish procedural guidelines to help PAL staff provide or arrange for these services, or refer teenagers to other providers, as appropriate. The guidelines may include directives to work with outside resources such TRC's independent living centers if the outside resources are affordable and if they help PAL staff address the needs of disabled teenagers more effectively.
The new sections are adopted under the Human Resources Code, Title 2, Chapters 22 and 41, which authorizes the department to administer public assistance and child welfare programs. The new section is also adopted under the Texas Family Code, Title 2, Chapter 34, which authorizes the department to provide services to alleviate the effects of child abuse and neglect.
sec.49.1601. Required Services.
(a) Participants. The Texas Department of Human Services (DHS) provides preparation-for-adult-living (PAL) services to prepare teenagers in substitute care to live independently when they become adults. DHS's Protective Services for Families and Children (PSFC) Department must provide these services to each teenager in DHS's conservatorship who is 16 years old or older and in substitute care, unless staff document that:
(1) despite staff efforts to encourage the teenager to accept PAL services, the teenager refuses to do so; or
(2) as a result of a severe physical, mental, or emotional handicap, or other disabling condition, the teenager is unlikely to benefit from PAL services. When PAL services are not likely to meet the needs of a disabled teenager, PSFC staff must make reasonable efforts to refer the teenager to other services that will prepare him to live as independently as possible when he reaches adulthood.
(b) Training. Except for teenagers who do not participate in the PAL program for a reason specified in subsection (a) of this section, PSFC must ensure that each teenager in substitute care who is 16 or older receives training in each of the following core areas:
(1) personal and interpersonal skills;
(2) job skills;
(3) money management;
(4) housing and transportation;
(5) health; and
(6) planning for the future.
(c) Evaluation.
(1) PSFC must test each PAL participant in each core area specified in subsection (b) of this section before and after the participant receives training in that area.
(2) PSFC must also conduct an assessment of each PAL participant's general readiness to live independently within four weeks of the participant's 16th birthday and again within eight weeks of the participant's discharge from substitute care. Staff use the results of the initial assessment to develop specific plans to prepare the participant to live as an adult.
This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Issued in Austin, Texas, on September 12, 1991.
TRD-9111288
Nancy Murphy
Agency liaison, Policy and Document Support
Texas Department of Human Services
Effective date: October 15, 1991
Proposal publication date: June 7, 1991
For further information, please call: (512) 450-3765
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An agency may adopt a new or amended section or repeal an existing section on an emergency basis if it determines that such action is necessary for the public health, safety, or welfare of this state. The section may become effective immediately upon filing with the Texas Register, or on a stated date less than 20 days after filing, for no more than 120 days. The emergency action is renewable once for no more than 60 days.
Symbology in amended emergency sections. New language added to an existing section is indicated by the use of bold text. [Brackets] indicate deletion of existing material within a section.
TITLE 22. EXAMINING BOARDS
Part XXIII. Texas Real Estate Commission
Chapter 535. Provisions of the Real Estate License Act
Licensed Real Estate Inspectors
22 TAC sec.535.205
The Texas Real Estate Commission adopts on an emergency basis new sec.535. 205, concerning real estate inspectors licensed under prior law. The new section implements transitional provisions of Senate Bill 432, 72nd Legislature, 1991, which became effective September 1, 1991. The new section permits a person licensed on September 1, 1991, to act as an inspector until the person's current license expires or is suspended or revoked by the commission. Currently licensed inspectors may receive a license as an inspector under the new law by applying for the new license and satisfying the experience and education requirements set by Senate Bill 432. To receive a new license immediately, the inspector must have performed at least 75 inspections within the 12 months prior to the application and must have completed 38 classroom hours of approved courses in addition to those required for original licensing. A person who cannot presently meet the requirements for licensing under the new law may receive a transitional license which cannot be renewed. To receive a new license, the holder of a transitional license must have performed 75 inspections within 24 months prior to the expiration of the transitional license and must have completed the required courses. The new section also adopts by reference a form which must be used by a currently licensed inspector to establish that the inspector has performed the required real estate inspections; if the inspector has performed at least 200 real estate inspections over at least 15 months, the inspector also may sponsor apprentices or inspectors-in-training. Inspections limited to structural items only or to equipment and systems only are given half credit for the purpose of determining the number of inspections required for a license or to sponsor other inspectors.
If a currently licensed inspector applies for a license under the new law in connection with a renewal application, the new section requires that inspector to pay the $50 renewal fee.
Licenses issued to inspectors under the prior law begin expiring in September 1991. The Texas Real Estate Commission has therefore determined that a potential reduction in the availability of inspection services would constitute an imminent peril for the public welfare and that the new section implementing the transitional provisions of Senate Bill 432 should be given immediate effect.
The new section is adopted on an emergency basis under Texas Civil Statutes, Article 6573a, sec.5(h), which provide the Texas Real Estate Commission with the authority to make and enforce all rules and regulations necessary for the performance of its duties.
sec.535.205. Inspectors Licensed under Prior Law.
(a) A person licensed as a real estate inspector on the effective date of Texas Civil Statutes, Article 6573a, sec.23 (the Act), may continue to act as a real estate inspector until the person's license expires or is suspended or revoked by the commission. The person is eligible to obtain an inspector license under the Act if the person does the following:
(1) applies to the commission for issuance of an inspector license prior to the expiration of the current license;
(2) pays a license renewal fee of $50 if the application is filed in connection with a renewal of the current license;
(3) provides proof on a form approved by the commission that the person has completed 75 real estate inspections in the 12 months before filing the application; and
(4) provides evidence satisfactory to the commission that the person has successfully completed 38 classroom hours of core real estate inspection courses as defined by the Act in addition to any courses required for an original license prior to the effective date of the Act.
(b) The commission adopts by reference Inspection Log REI 1-1 approved by the commission in 1991. This form is published by and available from the Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188.
(c) If a person licensed as an inspector on the effective date of the Act applies for a license more than 30 days prior to the expiration of an existing license and meets all requirements for issuance of an inspector license under this section and the Act, the commission shall issue a license valid until the expiration date of the current license. If the application is filed in connection with a renewal of a license and all requirements have been met for issuance of a license under the Act, the commission shall issue a license valid for one year.
(d) If an applicant fails to satisfy a requirement under this section for issuance of a license in connection with a renewal of a current license, the commission shall issue a transitional license valid for 12 months. A transitional license may not be renewed. A person holding a transitional license is eligible to receive an inspector license under the Act if the person completes 75 inspections during the 24-month period prior to the expiration of the transitional license and satisfies educational requirements set by the Act.
(e) A person licensed as an inspector on the effective date of the Act may not sponsor an apprentice inspector or an inspector-in-training until the person has certified to the commission that the person has performed at least 200 real estate inspections, has performed inspections as a real estate inspector for at least 15 months, and has successfully completed 38 classroom hours of core real estate courses as provided in this section.
(f) For the purpose of determining the number of inspections required for a license or to sponsor apprentices or inspectors-in-training, an inspection of structural items only or equipment and systems only shall be given half credit. An inspection which includes structural items and equipment and systems shall be given full credit as one inspection.
Issued in Austin, Texas, on September 10, 1991.
TRD-9111232
Mark A. Moseley
General Counsel
Texas Real Estate Commission
Effective date: September 11, 1991
Expiration date: January 9, 1992
For further information, please call: (512) 465-3900
TITLE 28. INSURANCE
Part I. Texas Department of Insurance
Chapter 5. Property and Casualty Insurance
Subchapter E. Texas Catastrophe Property Insurance Association
Standard Policy Forms-Windstorm and Hail
28 TAC sec.5.4201
The Texas Department of Insurance adopts on an emergency basis an amendment to sec.5.4201, concerning standard Texas Catastrophe Property Insurance Association Forms-windstorm and hail. This amendment adopts by reference Form Number TCPIA-29, Texas Catastrophe Property Insurance Policy-Windstorm and Hail, Texas Special Mobile Home Windstorm and Hail Policy Mandatory Endorsement, for attachment to insurance policies effective through the Texas Catastrophe Property Insurance Association. The amendment is necessary to add new policy provisions to the Texas Catastrophe Property Insurance Policy-Windstorm and Hail and to the Texas Special Mobile Home Windstorm and Hail Policy to provide for the prompt payment of claims required by the Insurance Code, Article 21.55, as provided under House Bill 2, enacted by the 72nd Texas Legislature. The new provisions provide for specific actions to be taken by the insured and the insurer within certain specified time periods for the prompt payment of claims.
An imminent peril to the public welfare requires adoption of the amendment on an emergency basis in order for insureds to have available the new policy provisions applicable for prompt payment of claims for policies issued on or after September 1, 1991, the effective date of the change in the Insurance Code, Article 21.55.
The board has filed with the Office of the Secretary of State Texas Register section, copies of the new mandatory endorsement form which s5. 4201 adopts by reference under this amendment. Persons desiring copies of the new mandatory endorsement, Form TCPIA-29, may obtain copies from the Property Division (Mail Code 103-1A), State Board of Insurance, 333 Guadalupe Street, P.O. Box 149104, Austin, Texas 78714-9104.
The amendment is adopted on an emergency basis under the Insurance Code, Article 21.49, sec.8, which authorizes the State Board of Insurance to approve policy forms and endorsements for the Texas Catastrophe Property Insurance Association.
sec.5.4201. Standard Texas Catastrophe Property Insurance Association Forms-Windstorm and Hail. The State Board of Insurance adopts by reference the standard Texas Catastrophe Property Insurance Association forms-[for] windstorm and hail. Specimen copies of these forms are available from the Texas Catastrophe Property Insurance Association. P.O. Box 2930, Austin, Texas 78767. They are also available from the Property <nl>Section<ol> [Division 011-1], State Board of Insurance, <nl>333 Guadalupe Street, P.O. Box 149104<ol> [1110 San Jacinto Boulevard], Austin, Texas <nl>78714-9104<ol> [78701-1998]. The forms are more specifically identified as follows:
<nl>(1) TCPIA Form 29 -mandatory endorsement. Effective September 1, 1991.
<nl>(2)<ol>[(1)] TCPIA[,] Form 300-mandatory breakaway wall exclusion endorsement. Effective July 1, 1987;
<nl>(3)<ol>[(2)] TCPIA[,] Form 365-replacement cost endorsement-household goods. Effective November 15, 1985;
<nl>(4)<ol>[(3)] TCPIA[,] Form 500-$100 deductible clause other than one or two family dwellings. Effective March 15, 1973;
<nl>(5)<ol>[(4)] TCPIA Form 510-dwelling percentage deductible clause. Effective May 1, 1972;
<nl>(6)<ol>[(5)] TCPIA Form 520-dwelling $100 deductible clause. Effective May 1, 1972;
<nl>(7)<ol>[(6)] TCPIA Form 530-dwelling $250 deductible clause. Effective 1, 1972;
<nl>(8)<ol>[(7)] TCPIA Form 560-beach area percentage deductible clause. Effective May 1, 1972;
<nl>(9)<ol>[(8)] TCPIA Form 570-mobile home percentage deductible clause. Effective August 17, 1976;
<nl>(10)<ol>[(9)] TCPIA Form 575-mobile home percentage deductible clause. Effective August 17, 1976.
Issued in Austin, Texas, on September 12, 1991.
TRD-9111293
Angelia Johnson
Assistant Chief Clerk
Texas Department of Insurance
Effective date: September 12, 1991
Expiration date: January 10, 1992
For further information, please call: (512) 463-6328
TITLE 37. PUBLIC SAFETY AND CORRECTIONS
Part IX. Commission on Jail Standards
Chapter 273. Medical Services in County Jails
37 TAC sec.273.5
The Commission on Jail Standards is renewing the effectiveness of the emergency adoption of amended sec.273.5, for a 60-day period effective September 26, 1991. The text of amended sec.273.5 was originally published in the June 7, 1991, issue of the Texas Register (16 TexReg 3105).
Issued in Austin, Texas, on September 11, 1991.
TRD-9111227
Jack E. Crump
Executive Director
Commission on Jail Standards
Effective date: September 26, 1991
Expiration date: November 25, 1991
For further information, please call: (512) 463-5505
Texas Department of Insurance Exempt Filing
Notification Pursuant to the Insurance Code, Chapter 5, Subchapter L
(Editor's note: As required by the Insurance Code, Article 5.96 and Article 5.97, the Register publishes notices of actions taken by the State Board of Insurance pursuant to Chapter 5, Subchapter L, of the Code. Board action taken under these articles is not subject to the Administrative Procedure and Texas Register Act.
The text of the material being adopted will not be published, but may be examined in the offices of the Texas Department of Insurance, 333 Guadalupe, Austin.)
The Texas Department of Insurance adopted on an emergency basis on August 21, 1991, various endorsements and manual rule changes which add or amend property insurance policy conditions affecting cancellation, nonrenewal, and the prompt payment of claims for property insurance policies as provided under House Bill 2, enacted by the 72nd Texas Legislature. The department also adopted rules governing the application of surcharges on renewal policies because of previous claims including the setting or appropriate surcharge percentages. Pursuant to Article 5.96(i), the board finds there is a clear and compelling need to adopt these changes on an emergency basis in order for the new provisions to be applicable on and after September 1, 1991, the effective date set out in House Bill Number 2.
The following new endorsements have been adopted to incorporate the new and revised provisions for cancellation, nonrenewal, and prompt payment of claims into the appropriate policies: Texas Homeowners Policy-Endorsement HO-325, Multi-Purpose Endorsement-Mandatory, Endorsement HO-330, Premium Surcharge-Claims, and Forms HO-331, Notification to Policyholder-Claims; Texas Standard Policy -Form 29, Multi-Purpose Endorsement-Mandatory, Form 29A, Premium Surcharge-Claims, and Form 29B, Notification to Policyholder-Claims; Texas Standard Farm and Ranch Owners Policy-Form FRO-470, Multi-Purpose Endorsement-Mandatory, Form FRO-480, Premium Surcharge-Claims, and Forms 481, Notification to Policyholder-Claims; Texas Businessowners Policy-Form TBOP-8A, Texas Business owners Policy Mandatory Endorsement; Texas Electronic Equipment Protection Policy-EEP-40, Electronic Equipment Protection Policy Mandatory Endorsement; and Certain revisions to the rules in the Texas general basis schedules were also adopted.
These endorsements provide the following changes. Revised cancellation provisions (Form 29, Multi-Purpose Endorsement-Mandatory, Endorsement HO-325, Multi-Purpose Endorsement-Mandatory and Form FRO-470, Multi-Purpose Endorsement-Mandatory) are as follows: The effective date of cancellation cannot be before the 10th day after the company mails notice of cancellation; The submission of a fraudulent claim has been added as a reason for cancellation; A condition has been added requiring pro rata cancellation if the company refuses to provide additional coverage or reduces or restricts coverage. The cancellation rules in the Texas general basis schedules have been amended to indicate the cancellation is on a pro rata basis when the company refuses to provide additional coverage or reduces or restricts coverage; The mortgage clause has been amended to give the mortgagee the same number of days notice as the insured when the company cancels and 10 days notice if the insured cancels.
Revised Refusal to Renew provisions (Form 29, Multi-Purpose Endorsement-Mandatory, Endorsement HO-325, Multi-Purpose Endorsement-Mandatory and Form FRO-470, Multi-Purpose Endorsement-Mandatory) are as follows: A condition has been added that the refusal to renew a policy cannot be because of claims for losses resulting from natural causes; A condition has been added allowing the company to refuse to renew if the insured has filed three or more claims in any three-year period. In addition, this condition also provides that if the insured files two claims in less than a three-year period the company must notify the insured that if a third claim is filed, the company may refuse to renew.
New Cancellation and Refusal to Renew Provisions (Applicable to all property policies.) A new provision has been added to all property policies prohibiting an insurer from cancelling or refusing to renew a policy based solely on the fact the policyholder is an elected official.
Surcharge Endorsements and Rules (Form 29A, Premium Surcharge-Claims, Form 29B, Notification to Policyholder-Claims, Endorsement HO-330, Premium Surcharge-Claims, Form HO-331, Notification to Policyholder-Claims, Form FRO-480, Premium Surcharge-Claims and Form FRO-481, Notification to Policyholder-Claims.) In accordance with a specified number of claims within a specified policy period, various surcharges may be applied to the policy premium. Forms have been approved to indicate a premium surcharge has been applied to the policy premium; Forms have been approved for notification to an insured who has filed two claims in less than a three-year period; New rules in the Texas general basis schedules have been approved to allow premium surcharges for a specified number of claims and to require notification to insureds who have filed two claims in less than a three-year period.
Prompt Payment of Claims (Applicable to all Property Policies.) The policy conditions have been revised to include certain requirements for the payment of claims. The insured must provide the company written notice of a claim; Companies must acknowledge receipt of the claim, commence any investigation of the claim, and request from the insured all items, statements, and forms the company will require from the insured within 15 days after receipt of the notice of claim.
Companies may request additional information during the investigation. After receipt of the information requested by the company, the company must notify the insured whether the claim will be paid or has been denied or whether more information is needed, within 15 business days or 30 days if arson is suspected; The company must either give reason for denying the claim, pay the claim, or request additional time to process the claim. If additional time is requested, the claim must be paid or denied within 45 days after the request for more time; Payment of claim must be made within five business days after the insured is notified that the claim will be paid. If payment of the claim depends on the performance of an act by the insured, payment of the claim must be made within five business days after the act is performed.
Notice of Settlement of Liability Claim (Endorsement Number HO-325, Multi-Purpose Endorsement-Mandatory, Form FRO-470, Multi-Purpose Endorsement-Mandatory and Form Number TBOP-8A, Texas Businessowners Policy Mandatory Endorsement.) A condition has been added to those policies containing liability coverage that requires the insurer to notify the insured within 10 days after the date an offer of settlement has been made or within 30 days after a settlement has been made.
These changes are effective September 1, 1991.
This notification is made pursuant to the Insurance Code, Article 5.96, which exempts it from the requirements of the Administrative Procedure and Texas Register Act.
This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Issued in Austin, Texas, on September 12, 1991.
TRD-9111296
Angelia Johnson
Assistant Chief Clerk
Texas Department of Insurance
Effective date: September 12, 1991
Expiration date: January 10, 1992
For further information, please call: (512) 463-6328
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The Governor
As required by Texas Civil Statutes, Article 6252-13a,
s6, the Texas Register
publishes executive orders issued
by the Governor of Texas.
are published in Chronological
order. Additional information on
documents submitted for publication
by the Governor's Office
can be obtained by calling
(512) 463-1814.
Appointments Made September 11, 1991
To be a member of the Texas National
Guard Armory Board
for a term to expire
April 30, 1997: Howell
Lynn (Hal) Boyd, P.O.
Box 3190, Big Spring,
Texas 79721-3190. Mr. Boyd
is being reappointed.
To be a member of the State Board
of Nurse Examiners
for a term to expire
January 31, 1997: Mary
V. Fenton, 7130 Spanish
Grant, Galveston, Texas 77554.
Dean Fenton will be replacing
Teddy L. Langford of
Lubbock, whose term expired.
To be a member of the Central Colorado
River Authority Board of
Directors for a term
to expire February 1,
1997: Herman Benton Cassady,
Box 668, Talpa, Texas
76882. Mr. Cassaday will
be replacing Jim Bob
Thweatt of Coleman, whose
term expired.
To be a member of the Central Colorado
River Authority Board of
Directors for a term
to expire February 1,
1997: Thelbert Elkins, 903
West Second Street, Coleman,
Texas 76834. Mr. Elkins
will be replacing Louis
Pittard of Gouldbusk, whose
term expired.
To be a member of the State Board
of Barber Examiners
for the term to expire
January 31, 1997: Robert
Castro, 10104 Shenandoah, El
Paso, Texas 79924. Mr.
Castro will be replacing
Joe Wiley Turner of Midland,
whose term expired.
To be a member of the Texas Appraiser
Licensing and Certification Board
for a term to
expire January 31, 1993:
Mary Jo Hutton, 426 Woodway
Forest, San Antonio, Texas
78216. Ms. Hutton is
new position pursuant to
House Bill Number 270,
72nd Legislature, Regular Session.
Issued in Austin, Texas, on September 12, 1991.
TRD-9111320
Ann W. Richards
Governor of Texas
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ISSUE OF September 20, 1991" In Addition
The Texas Register is required by statute to publish certain documents, including applications to purchase control of state banks, notices of rate ceilings, changes in interest rate and applications to install remote service units, and consultant proposal requests and awards.
To aid agencies in communicating information quickly and effectively, other information of general interest to the public is published as space allows.
Texas Air Control Board
Notice of Contested Case Hearing Number 286
An examiner for the Texas Air Control Board (TACB) will conduct a contested case hearing to consider whether or not a permit should be issued to Phillips 66 Company (the applicant) to construct a mercaptan loading dock located at the Phillips Petroleum Refinery, Spur 119 North (2 miles north of Borger), Hutchinson County.
Deadline for Requesting to be a Party. At the hearing, only those persons admitted as parties and their witnesses will be allowed to participate. Presently, the only prospective parties are the applicant and the TACB staff. Any person who may be affected by emissions from the proposed facility who wants to be made a party must send a specific written request for party status to Hearings Examiner Cindy Hurd and make sure that this request is actually received at the TACB Central Office, 12124 Park 35 Circle, Austin, Texas 78753 by 5 p.m. on Wednesday, September 25, 1991. The examiner cannot grant party status after deadline, unless there is good cause for the request arriving late. Hearing requests, comments, or other correspondence sent to the TACB before publication of this notice will not be considered as a request for party status. The examiner will decide on party status at the prehearing conference.
Prehearing Conference. The examiner has scheduled a prehearing conference at 1:30 p.m. on Tuesday, October 1, 1991, at the TACB Central Office, Room 143-E, 12124 Park 35 Circle, Austin, Texas 78753. At this conference, the examiner will consider any motions of the parties, but may grant contested motions for continuance only upon proof of good cause. The examiner will also establish a specific date prior to the hearing on the merits for the exchange of written and documentary evidence.
Time and Place of Hearing. The examiner has set the hearing to begin at 1:30 p.m. on Tuesday, October 15, 1991, at the TACB Central Office, Room 143-E, 12124 Park 35 Circle, Austin, Texas 78753.
What the Applicant Must Prove. This hearing is a contested case hearing under the Administrative Procedure and Texas Register Act, Texas Civil Statutes, Article 6252-13a, sec.13. It is generally conducted like a trial in district court. The applicant must demonstrate, by a preponderance of the evidence, that the proposed facility will meet the requirements of the Texas Clean Air Act, the Texas Health and Safety Code (the Act), Chapter 382, sec.382. 0518 and 31 TAC sec.116.3. These requirements include compliance with all applicable TACB and federal regulations, including the requirement that the proposed facility will use the best available control technology, considering the technical practicability and economic reasonableness of reducing or eliminating emissions.
Public Attendance and Testimony. Members of the general public may attend the prehearing conference and the hearing. Those who plan to attend are encouraged to telephone the TACB Central Office in Austin, at (512) 908-1770 a day or two prior to the prehearing conference and the hearing dates in order to confirm the settings, since continuances are sometimes granted. Any person who wants to give testimony at the hearing, but who does not want to be a party, may call the TACB Hearings Section of the Legal Division at (512) 908-1770 to find out the names and addresses of all persons who may be contacted about the possibility of presenting testimony.
Information About the Application and TACB Rules. Information about the application and copies of the TACB's rules and regulations are available at the TACB Regional Office located at Briercroft South #1, 5302 South Avenue Q, Lubbock, Texas 79412, the TACB Central Office located at 12124 Park 35 Circle, Austin, Texas 78753, and at the Borger City Hall office at 600 North Main, Borger, Texas 79007.
Legal Authority. This hearing is called and will be conducted under the authority of the Act, sec.sec.382.029, 382.030, 382.031, 382.0518, and 382.056 and 31 TAC sec.sec.103.11(3), 103.31, and 103.41.
Issued in Austin, Texas, on September 12, 1991.
TRD-9111378
Steve Spaw, P.E.
Executive Director
Texas Air Control Board
Filed: September 13, 1991
For further information, please call: (512) 908-1100
Office of Consumer Credit Commissioner
Notice of Rate Ceilings
The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in Texas Civil Statutes, Title 79, Articles 1.04, 1.05, 1.11, and 15.02, as amended (Texas Civil Statutes, Articles 5069-1.04, 1.05, 1.11, and 15.02).
[graphic]
Issued in Austin, Texas, on September 9, 1991.
TRD-9111226
Al Endsley
Consumer Credit Commissioner
Filed: September 11, 1991
For further information, please call: (512) 479-1280
Interagency Council on Early Childhood Intervention
Correction of Error
The Interagency Council on Early Childhood Intervention submitted adopted amendments to 25 TAC sec.621.25 (16 TexReg 4352) and proposed amendments to 25 TAC sec.621.24 and sec.621.25, which appeared in the August 9, 1991, issue of the Texas Register.
(1) In the preamble, for the adopted amendment to sec.621.25, the statutory authority (16 TexReg 4352) has two errors and should read as follows:
"The amendment is adopted under the Human Resources Code, sec.73.003, which provides the Interagency Council on Early Childhood Intervention with the authority to establish rules regarding services provided for children with developmental delays."
(2) Concerning the proposed amendment to sec.621.24(c)(2), subparagraph (A) is proposed for deletion and should be enclosed in brackets (16 TexReg 4326).
(3) Concerning the proposed amendment to sec.621.24(d)(2), the first sentence has a misspelled word. "The word "period" should be "period" (16 TexReg 4332).
(4) The certifying official is incorrect. The correct certifying official is Jill Gray, Chairperson, Interagency Council on Early Childhood Intervention.
General Land Office
Correction of Error
The General Land Office submitted a Request for Proposal notice, concerning development and administration of a child care center, which appeared in the August 23, 1991, issue of the Texas Register (16 TexReg 4645).
The deadline for submitting proposals should be October 3, 1991, instead of September 26, as printed.
"All proposals must be sent to Judith Dale, Stephen F. Austin Building, Room 810, 1700 North Congress Avenue, Austin, Texas 78701 and received no later than October 3, 1991, 12 noon. Proposals received after this time and date will be returned unopened. For a detailed copy of the specifications, call Mrs. Dale at (512) 463-5130 or write at the above address."
Texas Department of Health
Correction of Error
The Texas Department of Health submitted proposed amendments to 25 TAC sec.313.6, concerning general requirements and guidelines for athletic trainers, which appeared in the August 9, 1991, issue of the Texas Register (16 TexReg 4323).
In sec.313.6(b)(2), subparagraph (B) is proposed for deletion and should have a bracket before it, as follows.
"[(B) A written apprenticeship plan must be submitted with the required application materials."
Genetic Service Programs Contract Funding
Applications for contract funding for genetic service programs are now available from the Texas Department of Health, Bureau of Maternal and Child Health, Genetics Program Office. Applications are for fiscal year 1992 (FY 92) beginning September 1, 1991, and ending August 31, 1992. The purpose of this program is to provide genetic services for individuals and families in need of such services.
Agencies wishing to request technical assistance so that they may develop an application for fiscal year 1992 should submit a letter of request for such assistance. Only one application or request for technical assistance will be considered from each agency.
The deadline for application for contract funding for FY 92 and letters of request for technical assistance is no later than March 29, 1991. Mail should be directed to the Texas Department of Health, Bureau of Maternal and Child Health, Genetics Program Office, 1100 West 49th Street, Austin, Texas 78756- 3199. For more information contact Bill Moore at (512) 458-7700.
Issued in Austin, Texas, on September 16, 1991.
TRD-9111390
Robert A. MacLean, M.D.
Deputy Commissioner
Texas Department of Health
Filed: September 16, 1991
For further information, please call: (512) 458-7700
Notice of Intent to Revoke Certificates of Registration
Pursuant to Texas Regulations for Control of Radiation (TRCR), Part 13, (25 TAC sec.289.112), the Bureau of Radiation Control (bureau), Texas Department of Health (department), filed complaints against the following registrants: Hershall A. Allen, D.D.S., Inc., Houston, R05699; Dale Weathersby, D.C., Conroe, R16236; United Chiropractic Clinic, San Antonio, R16321; Mark A. Werner, M.D., P. A., Webster, R17056; Russell R. Hillard, D.D.S., Houston, R17715; Rio Grande Regional Hospital, McAllen, Z00521; Harris Graphics Corporation, Fort Worth, Z00302; Honobie Dental Partnership, Wylie, R16411; Lufkin Immediate Care Center, Lufkin, R14795.
The department intends to revoke the certificates of registration; order the registrants to cease and desist use of radiation machine(s); order the registrants to divest themselves of such equipment; and order the registrants to present evidence satisfactory to the bureau that they have complied with the orders and the provisions of the Health and Safety Code, Chapter 401. If the fee is paid within 30 days of the date of each complaint, the department will not issue an order.
This notice affords the opportunity to the registrants for a hearing to show cause why the certificates of registration should not be revoked. A written request for a hearing must be received by the bureau within 30 days from the date of service of the complaint to be valid. Such written request must be filed with David K. Lacker, Chief, Bureau of Radiation Control (Director, Radiation Control Program), 1100 West 49th Street, Austin, Texas 78756-3189. Should no request for a public hearing be timely filed or if the fee is not paid, the certificates of registration will be revoked at the end of the 30-day period of notice. A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, 1212 East Anderson Lane, Austin, Monday-Friday, 8 a.m. to 5 p.m. (except holidays).
Issued in Austin, Texas, on September 12, 1991.
TRD-9111275
Robert A. MacLean, M.D.
Deputy Commissioner of Health
Texas Department of Health
Filed: September 12, 1991
For further information, please call: (512) 835-7000
Notice of Revocation of Certificates of Registration
The Texas Department of Health, having duly filed complaints pursuant to Texas Regulations for Control of Radiation, Part 13 (25 TAC sec.289.112), has revoked the following certificates of registration: David C. Kibbe, M.D., Mission, R11432, September 3, 1991; Larry C. Jackson, D.D.S., Fort Worth, R14513, September 3, 1991; Sherdeana O. Bell, D.D.S., Grand Prairie, R15133, September 3, 1991; Dunbar Medical Systems, Inc., Houston, R16816, September 3, 1991; The Family Clinic, Blanco, R16823, September 3, 1991; Chris Fernon, D.O., Arlington, R16880, September 3, 1991; Panhandle Regional Veterinary Clinic, Spearman, R12051, September 3, 1991; Kenneth D. Dorris, D.V.M., Stephenville, R15226, September 3, 1991.
A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, 1212 East Anderson Lane, Austin, Monday-Friday, 8 a. m. to 5 p.m. (except holidays).
Issued in Austin, Texas, on September 12, 1991.
TRD-9111279
Robert A. MacLean, M.D.
Deputy Commissioner of Health
Texas Department of Health
Filed: September 12, 1991
For further information, please call: (512) 835-7000
Notice of Revocation of Radioactive Material Licenses
The Texas Department of Health, having duly filed complaints pursuant to Texas Regulations for Control of Radiation, Part 13 (25 TAC sec.289.112), has revoked the following radioactive material licenses: Bayside Inspection, Corpus Christi, L04148, August 15, 1991; Dalworth Medical Laboratory Incorporated, Fort Worth, G00198, August 15, 1991.
A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, 1212 East Anderson Lane, Austin, Monday-Friday, 8 a. m. to 5 p.m. (except holidays).
Issued in Austin, Texas, on September 12, 1991.
TRD-9111276
Robert A. MacLean, M.D.
Deputy Commissioner of Health
Texas Department of Health
Filed: September 12, 1991
For further information, please call: (512) 835-7000
The Texas Department of Health, having duly filed complaints pursuant to Texas Regulations for Control of Radiation, Part 13 (25 TAC sec.289.112), has revoked the following radioactive material licenses: Bayside Inspection, Corpus Christi, L04148, August 15, 1991; Dalworth Medical Laboratory Incorporated, Fort Worth, G00198, August 15, 1991.
A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, 1212 East Anderson Lane, Austin, Monday-Friday, 8 a. m. to 5 p.m. (except holidays).
Issued in Austin, Texas, on September 12, 1991.
TRD-9111276
Robert A. MacLean, M.D.
Deputy Commissioner of Health
Texas Department of Health
Filed: September 12, 1991
For further information, please call: (512) 835-7000
The Texas Department of Health, having duly filed a complaint pursuant to Texas Regulations for Control of Radiation, Part 13 (25 TAC sec.289.112), has revoked the following radioactive material license: D & K Wireline, Victoria, L03886, August 29, 1991.
A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, 1212 East Anderson Lane, Austin, Monday-Friday, 8 a. m. to 5 p.m. (except holidays).
Issued in Austin, Texas, on September 12, 1991.
TRD-9111277
Robert A. MacLean, M.D.
Deputy Commissioner of Health
Texas Department of Health
Filed: September 12, 1991
For further information, please call: (512) 835-7000
The Texas Department of Health, having duly filed complaints pursuant to Texas Regulations for Control of Radiation, Part 13 (25 TAC sec.289.112), has revoked the following radioactive material licenses: Hico Hospital, Hico, L03220, September 3, 1991; Radon Incorporated, Dallas, L04212, September 3, 1991.
A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, 1212 East Anderson Lane, Austin, Monday-Friday, 8 a. m. to 5 p.m. (except holidays).
Issued in Austin, Texas, on September 12, 1991.
TRD-9111278
Robert A. MacLean, M.D.
Deputy Commissioner of Health
Texas Department of Health
Filed: September 12, 1991
For further information, please call: (512) 835-7000
The Texas Department of Health, having duly filed complaints pursuant to Texas Regulations for Control of Radiation, Part 13 (25 TAC s289. 112), has revoked the following certificates of registration: Prestonwood Dental Center, Dallas, R14633, August 15, 1991; Richard W. Kyle, D.D.S., Boerne, R05681, August 15, 1991; Robert S. Graham, D.D.S., Houston, R09572, August 15, 1991; Richard Carl Boehm, D.C., Oak Ridge North, R14563, August 15, 1991; Wendell E. Grimes, D.D.S., Inc., Houston, R08093, August 15, 1991; Valley Surgical Medical Clinic, Inc., El Paso, R14701, August 15, 1991; Thomas J. Skinner, D.V.M., Aransas Pass, R03365, August 15, 1991; Lepow Podiatric Medical Associates, Houston, R04401, August 15, 1991; Robert F. White, M.D., Mount Vernon, R05022, August 15, 1991; L. L. Gregory, D.D.S., Houston, R05381, August 15, 1991; International Media, Houston, Z00359, August 15, 1991.
A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, 1212 East Anderson Lane, Austin, Monday-Friday, 8 a. m. to 5 p.m. (except holidays).
Issued in Austin, Texas, on September 12, 1991.
TRD-9111329
Robert A. MacLean, M.D.
Deputy Commissioner of Health
Texas Department of Health
Filed: September 12, 1991
For further information, please call: (512) 835-7000
Texas High-Speed Rail Authority
Notice of DBE Rule Drafting Meetings
The firm of Baeza, Lannen, and Moye, advisors to the Texas High-Speed Rail Authority (Authority) for preparing agency DBE regulations, will conduct a series of public meetings during the month of October. These meetings are designed to allow the public input into an appropriate disadvantaged and minority business program for the Texas high-speed rail project.
The Texas High-Speed Rail Act requires the Texas High-Speed Rail Authority to implement programs informing disadvantaged businesses of opportunities available to them, evaluating actions by prime contractors, identifying disadvantaged businesses with the potential for providing supplies, materials, services, and equipment, and identifying barriers to participation.
The public is invited to share their thoughts on necessary aspects of a program to aid disadvantaged businesses as program rules are being drafted.
The authority is looking for recommendations for DBE program development and implementation. Written testimony is encouraged if possible; oral testimony will be accepted. All testimony is appreciated.
Using information gathered at these meetings, Baeza, Lannen, and Moye will draft proposed rules for presentation to the board of directors of the Authority. The board will subsequently publish its proposed rules in the Texas Register , in accordance with the Administrative Procedure and Texas Register Act.
The schedule for public meetings to gather input for DBE rules will be: October 1, 1 p.m. Austin: 15th Floor Conference Room, First City Bank, 823 Congress Avenue, (Southeast corner of Ninth and Congress); October 3, 1 p.m., Temple: Backstage Theater, Mary Alice Marshall Fine Arts Building, Temple Junior College, 2600 South First Street at Loop 363; October 7, 1 p.m., Dallas: City Council chambers, 1500 Marilla; October 8, 1 p.m., Fort Worth: Conference room of the Fort Worth Transportation Authority (The T) 2315 Pine Street; October 10, 1 p.m., Houston: Julia Ideson Auditorium, Houston Public Library, 500 McKinney Avenue; October 21, 1 p.m., San Antonio: VIP Room, Convention Center.
Written testimony is encouraged and may be submitted at meetings or sent at any time to Eric Moye; Baeza, Lannen, and Moye; 3800 Bank One Center, PB49; 1717 Main Street; Dallas, Texas 75201. For other information: Steven Polunsky, DBE Program Administrator, Texas High-Speed Rail Authority, 823 Congress Avenue, #1502, Austin, Texas 78701, (512) 478-5484.
Issued in Austin, Texas, on September 12, 1991.
TRD-9111348
Allan Rutter
Director of Administration
Texas High-Speed Rail Authority
Filed: September 13, 1991
For further information, please call: (512) 478-5484
Texas Department of Human Services
Availability of Intended Use Report
The Texas Department of Human Services (DHS) has published a report outlining its intended use of federal block grant funds during fiscal year 1992 for Title XX social services programs. To obtain free copies of the report, send a written request to Nancy Murphy, Section Leader, Policy and Document Support, MC E-503, Texas Department of Human Services, P.O. Box 149030, Austin, Texas 78714-9030.
Issued in Austin, Texas, on September 12, 1991.
TRD-9111289
Nancy Murphy
Agency liaison, Policy and Document Support
Texas Department of Human Services
Filed: September 12, 1991
For further information, please call: (512) 450-3765
Texas Department of Insurance
Company Licensing
The following applications have been filed witht the State Board of Insurance and are under consideration:
1. Application for Incorporation in Texas for Babylon International Insurance Company, a domestic life insurance company. The home office is in Austin.
2. Application for Incorporation in Texas for adding the DBA of Berkley Administrators of Texas, (assumed name for Texas EBA, Inc.), a domestic third party administrator. The home office is in Dallas.
3. Application for Admission to do business in Texas for Fairfield Insurance Company, a foreign fire insurance company. The home office is in Stamford, Connecticut.
4. Application for name change of Integon Mortgage Guaranty Corporation, a foreign fire insurance company. The home office is in Marietta, Georgia. The proposed new name is INGC National Insurance Company.
5. Application for Incorporation in Texas for Logic Management Services, Inc., (assumed name for CSC Logic, Inc.), a domestic third party administrator. The home office is in Dallas.
6. Application for Incorporation in Texas for National Health Administrators, (assumed name for M.L. Kuhn Enterprises, Inc.), a domestic third party administrator. The home office is in Dallas.
7. Application for Admission to do business in Texas for National Trust Insurance Company, a foreign fire insurance company. The home office is in Nashville, Tennessee.
8. Application to do business in Texas for Southern Heritage Insurance Company, a foreign fire insurance company. The home office is in Atlanta, Georgia.
9. Application for Admission to do business in Texas for Universal Corporate Administrators, Limited, (assumed name for Universal Benefits Corporation) a foreign third party administrator. The home office is in Cedar Rapids, Iowa.
Issued in Austin, Texas, on September 11, 1991.
TRD-9111236
Angelia Johnson
Assistant Chief Clerk
Texas Department of Insurance
Filed: September 11, 1991
For further information, please call: (512) 463-6327
Texas Department of Licensing and Regulation
Correction of Error
The Texas Department of Licensing and Regulation submitted Emergency new 16 TAC sec.sec.68.1, 68.10, 68.62, and 68.80, concerning elimination of architectural barriers, for publication in the September 13, 1991, issue of the Texas Register (16 TexReg 5005).
Due to an error by the Texas Register the first sentence of the preamble incorrectly identifies the agency as the Texas Racing Commission. The sentence should read as follows.
"The Texas Department of Licensing and Regulation adopts on an emergency basis new sec.sec.68.1, 68.10, 68.62, and 68.80, concerning elimination of architectural barriers."
Public Utility Commission of Texas
Notice of Intent To File Pursuant to PUC Substantive Rule 23.27
Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application pursuant to PUC Substantive Rule 23.27 for approval of customer-specific PLEXAR-Custom Service for Harris County, Houston.
Tariff Title and Number. Application of Southwestern Bell Telephone Company for Approval of Plexas-Custom Service for Harris County pursuant to PUC Substantive Rule 23.27(k). Tariff Control Number 105090.
The Application. Southwestern Bell Telephone Company is requesting approval of Plexar-Custom Service for Harris County. The geographic service market for this specific service is the Houston area.
Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at 7800 Shoal Creek Boulevard, Suite 400N, Austin, Texas 78757, or call the Public Utility Commission Public Information Section at (512) 458-0256, or (512) 458-0221 for teletypewriter for the deaf.
Issued in Austin, Texas, on September 10, 1991.
TRD-9111249
Mary Ross McDonald
Secretary of the Commission
Public Utility Commission of Texas
Filed: September 11, 1991
For further information, please call: (512) 458-0100
Texas Racing Commission
Correction of Error
The Texas Racing Commission submitted emergency amendments to 16 TAC, Chapters 305 and 307 for publication in the August 23, 1991, issue of the Texas Register (16 TexReg 4575).
Due to typographical errors by the Texas Register, the following sections should be corrected:
Page 4575, sec.305.50: "mutual" should be spelled "mutuel"
Page 4587, sec.305.204(c): "application" should begin with a lowercase "a"
Page 4587, sec.307.2: The intent was to delete the definition of "Hearing Examiner"; the brackets were omitted from the published text.
Page 4590, sec.307.126: The final bracket was omitted; it should be at the end of the sentence.
Railroad Commission of Texas
Notice of Hearing Regarding Regulation of the Production of Natural Gas
The Railroad Commission of Texas will hold a public hearing on October 9, 1991, beginning at 9 a.m. in Room 1-111 in the William B. Travis Building, 1701 North Congress Avenue, Austin. This hearing will continue each day as necessary.
This informational hearing will be held to consider testimony, comments and other evidence regarding the following issues: whether or not waste is occurring in the production of natural gas; and if waste is occurring, what options should be considered to prevent further waste from occurring.
The commission intends to use information obtained from this hearing to determine what regulatory options are available to the commission and whether such options should be exercised to properly regulate natural gas production.
Any person who intends to make a presentation at this hearing is requested to notify the commission staff by October 7, 1991, and to pre-file an outline or summary of their presentation.
For further information, contact the commission's legal staff at (512) 463-6766.
Issued in Austin, Texas, on September 11, 1991.
TRD-9111234
Martha V. Swanger
Hearing Examiner, Legal Division-General Law
Railroad Commission of Texas
Filed: September 11, 1991
For further information, please call: (512) 463-6766
'
Office of the Secretary of State
Voter Registration Certificate
DIRECTIVE
TO: Voter Registrars and Elections Administrators
FROM: John Hannah, Jr., Secretary of State
SUBJECT: Voter Registration Certificate
AUTHORITY: Tex. Elec. Code Ann. sec.31.002 and sec.31.003 (Vernon 1986)
EFFECTIVE
DATE: July 31, 1991
SUPERCEDED
DIRECTIVE: Secretary of State Directive of July 11, 1989
1. SUMMARY AND PURPOSE
1.1 In accordance with the provisions of Tex. Elec. Code Ann. sec.31.003 (Vernon 1986), this directive establishes the requirements for Voter Registrars to issue Voter Registration Certificates.
2. DESCRIPTION OF CERTIFICATE
2.1. NO CHANGES AUTHORIZED UNLESS APPROVED BY THE SECRETARY OF STATE. The certificate has been designed to meet the content requirements of Tex. Elec. Code Ann. sec.sec.15.001, 15.002 & 15.003 (Vernon 1986 & Supp. 1991); bilingual requirements of the Federal Voting Rights Act, 42 U.S.C.A. sec.1973aa-1a (West 1981 & Supp. 1991); the mailing requirements of Tex. Elec. Code Ann. sec.sec.14.001 & 14.002 (Vernon 1986 & Supp. 1991); and regulations of the United States Postal Service regarding size, thickness of paper, address placement, and postage. Various other exigencies such as horizontal and vertical spacing for computers and typewriters, etc., have also been taken into account. To avoid any possible violations of state or federal law, no change in the specifications for the certificate as provided for in this directive may be made without prior written approval by this office.
The Secretary of State has authorized Voter Registrars to place district numbers (e.g., congressional, senatorial, representative, justice of the peace, fire, school, or water district numbers) on the certificate for voter information. The Secretary of State recommends that the local postmaster approve the placement of district numbers on the certificate prior to printing. Any combination of district numbers may be chosen by the Voter Registrar for inclusion on the certificate without prior approval.
The Secretary of State has also authorized the printing of the certificate number in a barcode format in addition to the printing of the certificate number in a numeric value. The numeric value of the number must be printed in the box provided for the certificate number. The barcoded number may be placed anywhere on the card as long as it does not interfere with postal regulations, and nothing is deleted from the card as prescribed. It is recommended that you use a universal product barcode rather than the type of barcode that is used for zip codes. Once again, for placement of a barcoded certificate number, coordinate the print with your postmaster to ensure it does not interfere with other postal requirements.
2.2. SIZE. The postcard certificate must be no smaller than 3 1/2" x 6" and no larger than 4" x 6". When the top portion of the certificate is folded down, the folded card will measure 2 1/2" x 3", which is wallet-sized.
2.3. COLOR AND PAPER SPECIFICATIONS. The color for the 1992-1993 certificate is blue. The stock to be ordered is white 90# Scott Index or equivalent. To meet postal requirements, the paper must be at least .007" thick and not more than . 0095" thick. When paper is manufactured, there can be a variance in the thickness of the paper, so be sure to state in your specifications that the paper must meet postal requirements for calibration. The front side of the certificate is to be printed with PMS 290U which is a blue colored ink. The language on the certificate will be in black ink. Using the PMS ink to "color" the paper will ensure that all certificates are printed uniformly across the state. The back side of the certificate may be either printed with the PMS color or left white. The sample attached shows the area that is to be printed in PMS 290U blue at 100% solid. Specific colors are used to designate the period for which the certificate is valid. They are as follows:
1992-1993 Blue
1994-1995 Canary
1996-1997 Green
1998-1999 Salmon
2.4. FORMAT. The Voter Registrar's name, telephone number, and return address must be printed in the upper left-hand corner above the dotted line. Section 122. 17 of the Domestic Mail Manual ("D.M.M.") requires the postal endorsement "DO NOT FORWARD" or "ADDRESS CORRECTION REQUESTED" to be placed 1/4" below the return address. The word "Postmaster" is NOT used in conjunction with the endorsement. See section 3 of this Directive for further discussion. "Secretary of State's Office, Elections Division" and the Secretary of State's toll-free number (1-800-252-8683) must be printed directly across from the Voter Registrar's name and address as indicated on the attached sample card. The name of the Voter Registrar's county must be printed directly below the words "Voter Registration Certificate", as indicated on the attached sample card. The state seal is placed to the left of the name of the county.
2.5. CERTIFICATE NUMBER. Use the certificate number already assigned to the voter.
2.6. VALID FROM-THRU. The "VALID FROM" date on all renewal certificates issued to registered voters is JANUARY 1, 1992. The certificate will expire on the last day of December, 1993, and that date shall appear on the certificate below "THRU." See section 3.3 of this Directive for the period for mailing renewal certificates.
New registrants whose applications are received and accepted after the 30TH DAY BEFORE JANUARY 1, 1992, will be issued an initial certificate, and the "VALID FROM" date on the certificate is the same as the effective date of registration. Renewal certificates need not be issued in this instance. See Section 5 of this Directive for information regarding new registrants whose registrations will be effective on or after NOVEMBER 15, 1991, but before JANUARY 1, 1992.
For a voter who changes his or her name or changes his or her address to another precinct within the county, the "VALID FROM" date on the corrected certificate is the date the change becomes effective. These changes become effective on the 30th day after the registrar receives notice of the change. Tex. Elec. Code Ann. sec.sec.15.025 & 15.026 (Vernon 1986).
For a voter who changes his or her address within the same precinct in the county, the "VALID FROM" date on the corrected certificate is the same as the date on the renewal certificate. There is no 30-day processing period before this kind of change becomes effective. For a voter who returns his or her certificate for correction for the date of birth on the certificate, the "VALID FROM" date of the corrected certificate is the same as the original renewal certificate.
If a registered voter requests a replacement certificate because his or her original certificate has been lost or destroyed, the "VALID FROM" date on the replacement certificate is the same as the date on the certificate that is being replaced. The replacement certificate must have a notation that it is a replacement certificate.
2.7. INFORMATION ON CERTIFICATE. The voter's name, sex, birthdate, and election precinct number must be indicated on the certificate, as well as the permanent residence address (and the mailing address, if these two addresses are different). The mailing address is to be printed on the right-hand side of the card. The permanent residence address or a concise description of the location of the permanent residence must be printed on the left-hand portion of the certificate. If the complete descriptive address will not fit on the certificate, the address may be truncated.
If the Voter Registrar does not have a birthdate on file for the voter, the Voter Registrar must print 00/00/0000 in the space provided for the birthdate.
2.8. CORRECTIONS. The prescribed language on the back of the certificate instructs the voter to correct information on the front of the card (including birthdate) by making corrections in the space provided on the back of the certificate.
2.9. PARTY AFFILIATION. The space for stamping party affiliation is placed vertically on the front of the certificate.
2.10. AREA FOR POSTAL INFORMATION. The right half of the front of the certificate must be left blank, except for mailing address and postage. See section 2.1 of the Directive for exception.
2.11. BACK OF CERTIFICATE. Part of the text on the back of the certificate is required by law. Id. sec.15.001 (Vernon Supp. 1991). The other part of the text is authorized, but not required, by Tex. Elec. Code Ann. sec.15.002 (Vernon 1986). The Secretary of State by this directive requires that the information authorized by Tex. Elec. Code Ann. sec.15.002 (Vernon 1986) be printed on the back of the certificate, as shown on the attached sample. Changes in the prescribed text are not permitted without prior written approval of this office.
3. MAILING OF CERTIFICATE
3.1. POSTAGE. The Voter Registration mails the certificate with first class postcard postage rate or, if mailed in an envelope, first class letter postage rate. The Election Code requires that the certificate be mailed by nonforwardable mail. Id. sec.14.002(b) (Vernon 1986). In no case may the voter's tax statement be included in the same envelope.
Section 159.151 of the D.M.M. provides for the endorsement to the postmaster on the certificate. The endorsement must be printed in at least 8 pt Helvetica or similar type and must appear at least 1/4" below the Voter Registrar's return address. There must also be a 1/4" clear space below the endorsement. The attached sample of the certificate shows the correct placement of the endorsement. The certificate will be returned free of charge to the Voter Registrar when mailed at either first class postcard or first class letter rate. The Voter Registrar may also receive an address correction at no charge when the certificate is returned with the endorsement "ADDRESS CORRECTION REQUESTED" or "DO NOT FORWARD". Both endorsements will give you a new address for the voter or a reason for nondelivery when the certificate is returned. There is no charge for this service, since the new address will appear on the original mail piece. The address correction may not be used to challenge and cancel the voter under Tex. Elec. Code Ann. sec.16.033(e) (Vernon 1986) unless the registrar has reason to believe that the voter is not eligible for registration because of a change of residence to a place outside the county or for some other reason. The Voter Registrar may, however, as a courtesy, use the address correction to notify the voter that his or her certificate was returned and advise him or her of the procedures to be used to correct the address, with a notice that the registration will be cancelled on AUGUST 16, 1992, if the address has not been corrected prior to that time.
If an envelope is used to mail the voter registration certificate, the instruction to the postmaster, "DO NOT FORWARD", must be printed on the front of the envelope at least 1/4" below the return address of the Voter Registrar. There must also be a clear space of 1/4" below the endorsement.
The postage must be paid from the county's budget. The Secretary of State is not authorized to pay for the mailing of the certificates. Funds received under Tex. Elec. Code Ann. sec.sec.19.001-19.006 (Vernon 1986 & Supp. 1991), may not be used for payment of postage for mailing certificates. Funds received from the Secretary of State and maintained by the Voter Registrar or Post Office in the voter registration application business reply account (Permit 4511) may not be used in any circumstances to pay for mailing voter registration certificates.
The certificates may be mailed at a lower first class postage rate, e.g., by carrier route, zip plus four, or barcoding the zip code. The Secretary of State authorizes an additional blank area on the bottom of the certificate if it is used to place a barcode for the zip code. However, new postal regulations now allow the barcode to be placed in the area for the mailing address alleviating the necessity for a blank area on the bottom of the certificate. Please have your local postmaster approve any format changes you make so mailing can occur at a lower postage rate. You will want to discuss the number of certificates that are required to qualify for discounted postage prior to any changes.
3.2. POSTAL REQUIREMENTS FOR POSTCARDS. If the certificates will be mailed as postcards rather than in envelopes, certain postal requirements must be met.
Any preprinted information on the right hand side of the card must be shaded (See attached sample certificate and sec.322.31(h) & (i), D.M.M.) The area reserved for the address is white and must be at least 2 1/8 inches long and 1 inch high. If you plan to place district numbers on the certificate as authorized by section 2.1 of this Directive, please have your local postmaster approve placement of this information.
The U.S. Post Office requires all certificates mailed as postcards to be presorted. (See sec.sec.3.22 & 323.1, D.M.M.).
3.3. COORDINATION WITH LOCAL POSTAL AUTHORITIES. The Voter Registrar should coordinate with the local postmaster before the mailing date. Postal regulations have become very complicated, and we highly recommend that you have your certificate approved by the local postmaster prior to printing.
3.4. MAILING DATE. The Voter Registrar shall issue a voter registration renewal certificate to each voter in the county whose registration is effective on the preceding NOVEMBER 14. The mailing shall occur between NOVEMBER 15 and DECEMBER 5 of each odd-numbered year.
4. DUPLICATE CERTIFICATES.
4.1. DUPLICATE CERTIFICATE FILES. Since the Voter Registrar will already have duplicate certificates on file for voters registered as of NOVEMBER 14, it is not necessary to produce the mass mailout certificates in duplicate if the Voter Registrar can verify that he or she mailed a new certificate to each voter on the list. Tex. Elec. Code Ann. sec.15.051 (Vernon 1986) requires a duplicate certificate file for the INITIAL registration only. The following procedures will provide for verification of mailing in compliance with this section.
4.2. FOR COUNTIES WITHOUT DATA PROCESSING CAPABILITIES. Each duplicate certificate already in the Voter Registrar's file should be marked with a rubber stamp to show the years for which the renewal certificate is valid and the date the renewal certificate was mailed. For example "1992-93 Certificate, mailed 11-15-91".
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Issued in Austin, Texas, on September 12, 1991.
TRD-9111305
Audrey Selden
Assistant Secretary of State
Office of the Secretary of State
Filed: September 12, 1991
For further information, please call: (512) 463-5701
Texas Water Commission
Notice of Application For Waste Disposal Permit
Notice is given by the Texas Water Commission of public notices of waste disposal permit applications issued during the period of September 9-September 13, 1991.
No public hearing will be held on these applications unless an affected person has requested a public hearing. Any such request for a public hearing shall be in writing and contain the name, mailing address, and phone number of the person making the request; and a brief description of how the requester, or persons represented by the requester, would be adversely affected by the granting of the application. If the commission determines that the request sets out an issue which is relevant to the waste discharge permit decision, or that a public hearing would serve the public interest, the commission shall conduct a public hearing, after the issuance of proper and timely notice of the hearing. If no sufficient request for hearing is received within 30 days of the date of publication of notice concerning the applications, the permit will be submitted to the commission for final decision on the application.
Information concerning any aspect of these applications may be obtained by contacting the Texas Water Commission, P.O. Box 13087, Austin, Texas 78711, (512) 463-7906.
Listed are the name of the applicant and the city in which the facility is located, type of facility, location of the facility, permit number, and type of application-new permit, amendment, or renewal.
Chemical Lime-Southwest Inc.; Clifton; a limestone and lime manufacturing facility; located on FM Road 2602, two miles west of the intersection of FM 2602 and State Highway 6, approximately four miles south of Clifton, Bosque County; 03041; renewal.
Conroe Independent School District; Conroe; wastewater treatment facilities; are east of FM Road 1485 and West of Meeks Branch at the east corner of a 47-acre tract at the Conroe Independent School District 1485 Intermediate School, about one mile due north of the intersection of FM Road 1485 and FM Road 2090 in Montgomery County; 12281-01; renewal.
City of Edinburg; wastewater treatment facilities; immediately northeast of the intersection of North "M" Road and Southern Union Pacific Railroad tracks in Hidaglo County; 10503-02; renewal.
Force Road Oil, Incorporated doing business as Road Oil & Vacuum Truck Company; Houston; wastewater treatment facility; the plant site is at 1722 County Road 573 near the City of Arcola, Brazoria County; 02705; amendment.
Gulf Coast Machine & Supply Company; Beaumont; a forgoing and industrial machine shop; approximately 800 feet east of the intersection of Interstate Highway 10 and Smith Road, and seven miles southwest of the City of Beaumont, Jefferson County; 01203; amendment.
City of Higgins; wastewater treatment facilities; approximately 3/4 mile north and 1/4 mile west of the U.S. Highway 60 and State Highway 213 in Higgins in Lipscomb County; 10572-01; renewal.
City of Karnes City; wastewater treatment facilities; approximately 0.88 miles north of the intersection of U.S. Highway 181 and FM Road 1144 in Karnes County; 10352-01; renewal.
City of Mineral Wells; wastewater treatment facilities; are southwest of the City of Mineral Wells at the crossing of Pollard Creek by 26th Street in Palo Pinto County; 10585-01; renewal.
Northwest Harris County Municipal Utility District Number 19; Houston; wastewater treatment facilities; approximately 1 1/4 miles east of the intersection of Hufsmith Road and Kuykendahl Road in Harris County; 12153-01; renewal.
Resort Water Service, Inc.; Dallas; wastewater treatment facilities; approximately 0.3 mile south of State Highway 198 (formerly FM Road 90) and 1.5 miles west of the intersection of State Highway 198 and FM Road 316 in Henderson County; 12201-01; renewal.
Sandoz Crop Protection Corporation; Beaumont; an agricultural chemicals manufacturing plant; the plant is on the west side of West Port Arthur Road, five miles south of Cardinal Drive in the City of Beaumont, Jefferson County; 01169; renewal.
City of Stockdale; wastewater treatment facilities; approximately 1,500 feet southwest of the intersection of U.S. Highway 87 and County Road 401 in Wilson County; 10292-01; renewal.
Issued in Austin, Texas, on September 13, 1991.
TRD-9111386
Laurie J. Lancaster
Deputy Chief Clerk
Texas Water Commission
Filed: September 13, 1991
For further information, please call: (512) 463-7906
Notice of Publication Availability
The Texas Water Commission (TWC) announces the availability of a new publication, known as Recycle Texas: A Reuse, Recycling and Product Directory. This new publication is designed to provide information on recyclers of hazardous and nonhazardous waste and promote the market for recycled products.
The directory is a result of a survey developed by TWC to identify entities recycling industrial wastes. This first edition contains recyclers for a number of wastes, including: antifreeze, used batteries, used oil, plastics of all types, metals (ferrous and nonferrous), metallic solutions, paper, and hazardous wastes.
A profile is provided to detail information about each entity in the directory. Each profile contains information about the recycling entity including: contact person, mailing and location addresses, permitting and insurance information, prohibited wastes, and the types and amounts of wastes accepted.
A separate section lists recycled products available on the market. Products listed include acids, catalysts, caustics and other chemicals, paper, plastic feedstocks, re-refined petroleum products, and more.
Several appendices are provided, including: a geographic listing, a listing of solid waste agencies and contacts, TWC district offices, and a recycler registration form.
Requests for copies of the form may be obtained from the Texas Water Commission, Attn: Library-Publication Orders, P.O. Box 13087, Austin, Texas 78711-3087, or contact the library at (512) 463-7834. The cost for the publication, including postage and handling is $7.93. Request publication number LP91-09.
Prepayment is required. Your order cannot be released until payment is received. Checks should be made payable to the Texas Water Commission. Payment may be made by mail or in person to the Fiscal Services Office, Room 510-A, Stephen F. Austin Building, P.O. Box 13087, Austin, Texas 78711-3087. All orders for single or bulk quantities will be mailed either fourth class or bookrate at purchaser's expense. Please allow two to four weeks for delivery. No returns or refunds are permitted.
For additional information concerning the directory, contact Mr. Ken A. Zarker, Waste Minization Unit, Hazardous and Solid Waste Division at (512) 463-7754.
Issued in Austin, Texas, on September 16, 1991.
TRD-9111400
Jim Haley
Director, Legal Division
Texas Water Commission
Filed: September 16, 1991
For further information, please call: (512) 463-8069
Texas Water Development Board
Applications Received
Pursuant to the Texas Water Code, sec.6.195, the Texas Water Development Board provides notice of the following applications received by the board.
Maverick County, P.O. Box 955, Eagle Pass, Texas 78853, received August 23, 1991, a facility engineering Phase I application in an amount not to exceed 28, 125 from the research and planning fund.
El Paso County Lower Valley Water District Authority, 10005 Alameda Avenue, Suite P, El Paso, Texas 79927, received August 19, 1991, a facility engineering Phase II application in an amount not to exceed $94,500 from the research and planning fund, and request for financial assistance received July 24, 1991, in the amount of $1,600,000 from the economically distressed areas account of the Texas water development fund.
City of Pharr, P.O. Box B, Pharr, Texas 78577, received July 25, 1991, facility engineering Phase I application in an amount not to exceed $38,400 from the research and planning fund.
Hudspeth County Conservation and Reclamation District Number 1, P.O. Box 125, Fort Hancock, Texas 79839, received August 22, 1991, application for financial assistance in the amount of $2,250,000 from the water supply account of the Texas water development fund.
Trinity River Authority (Ellis County regional water supply project), 5300 South Collins, Arlington, Texas 76004, received July 18, 1991, application for financial assistance in the amount of $425,000 from the water supply account of the Texas water development fund.
City of Runge, P.O. Box 206, Runge, Texas 78151, received August 8, 1991, request for change in scope to an existing water quality enhancement account commitment.
City of Wells, P.O. Box 20, Wells, Texas 75976, received August 21, 1991, request for early loan closing on current SRF commitment.
Greater Texoma Utility Authority, (City of Howe project), 5100 Airport Drive, Denison, Texas 75020, received August 15, 1991, request for financial assistance in the amount of $600,000 from the state water pollution control revolving fund.
City of Marlin, P.O. Box 980, Marlin, Texas 76661, received August 20, 1991, request for change in scope to existing water supply account commitment.
City of Wilmer, 219 East Beltline Road, Wilmer, Texas 75172, received July 16, 1991, request for financial assistance in the amount of $400,000; $100,000 from the water supply account of the Texas water development fund and $300,000 from the state water pollution control revolving fund.
Roman Forest Public Utility District Number 3, P.O. Box 2666, Conroe, Texas 77305, received March 8, 1991, application for financial assistance in the amount of $1,005,000; $305,000 from the water supply account and $700,000 from the water quality enhancement account, both of the Texas water development fund.
City of Bellaire, 7008 South Rice Avenue, Bellaire, Texas 77401, received July 31, 1991, request for transfer of funding of current fiscal year 1989 state water pollution control revolving fund commitment to current fiscal year 1990 state water pollution control revolving fund commitment.
Evergreen Underground Water Conservation District, P.O. Box 155, Jourdanton, Texas 78026, received July 17, 1991, application for financial assistance from the Agricultural Conservation Grants to District Program.
Franklin County Water District, P.O. Box 559, Mount Vernon, Texas 75457, received August 5, 1991, request for board approval and execution of fourth amendment to the Cypress Basin operating agreement.
Sutton County Underground Water Conservation District, P.O. Box 707, Sonora, Texas 76950, received June 4, 1991, application for financial assistance from the Agriculture Conservation Grants to Districts Program.
Terry Soil and Water Conservation District, 201 East Hill Street, Brownfield, Texas 79316, received May 10, 1991, application for financial assistance from the Agriculture Conservation Grants to District Program.
Ochiltree Soil and Water Conservation District, 800 North Main, Perryton, Texas 79070, received April 9, 1991, application for financial assistance from the Agricultural Conservation Grants to District Program.
Additional information concerning this matter may be obtained from Craig D. Pedersen, Executive Administration, P.O. Box 13231, Austin, Texas 78711.
Issued in Austin, Texas, on September 11, 1991.
TRD-9111248
Craig D. Pedersen
Executive Administrator
Texas Water Development Board
Filed: September 11, 1991
For further information, please call: (512) 463-7981
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Agencies with statewide jurisdiction must give at least seven days notice before an impending meeting. Institutions of higher education or political subdivisions covering all or part of four or more counties (regional agencies) must post notice at least 72 hours prior to a scheduled meeting time. Some notices may be received too late to be published before the meeting is held, but all notices are published in the Texas Register.
Emergency meetings and agendas. Any of the governmental entities named above must have notice of an emergency meeting, an emergency revision to an agenda, and the reason for such emergency posted for at least two hours before the meeting is convened. Emergency meeting notices filed by all governmental agencies will be published.
Posting of open meeting notices. All notices are posted on the bulletin board outside the Office of the Secretary of State on the first floor of the East Wing in the State Capitol, Austin. These notices may contain more detailed agenda than what is published in the Texas Register.
Texas Department of Agriculture
Monday, September 23, 1991, 10 a.m. The Aquaculture Executive Committee of the Texas Department of Agriculture will meet at the Texas Department of Agriculture, 1700 North Congress Avenue, Stephen F. Austin Building, Ninth Floor Conference Room, Austin. According to the agenda summary, the committee will discuss approval of minutes; election of chairman; announcement of appointments; hear report and discussion on proposed rules; discussion of statutory mandates; and discussion of other business.
Contact: Bill Peacock, P.O. Box 12847, Austin, Texas 78711, (512) 465-1653.
Filed: September 13, 1991, 2:57 p.m.
TRD-9111374
Thursday, September 26, 1991, 10 a.m. The Texas Rice Producers Board of the Texas Department of Agriculture will meet at the J. D. Woods Interests, 550 Woods Lane, Katy. According to the agenda summary, the board will approve minutes; hear financial report; swearing in board members; and discuss new business.
Contact: Curtis Leonhardt, 6699 Rookin, Houston, Texas 77074, (713) 270-6699.
Filed: September 13, 1991, 9:40 a.m.
TRD-9111334
Texas Animal Health Commission
Friday, September 27, 1991, 9 a.m. The Finance Committee of the Texas Animal Health Commission will meet at 210 Barton Springs Road, First Floor Conference Room, Austin. According to the complete agenda, the committee will discuss the 1992 operating budget.
Contact: Jo Anne Conner, 210 Barton Springs Road, Austin, Texas 78704, (512) 479-6463.
Filed: September 16, 1991, 10:16 a.m.
TRD-9111404
Texas Appraiser Licensing and Certification Board
Thursday, September 26, 1991, 1 p.m. The Budget Subcommittee of the Texas Appraiser Licensing and Certification Board will meet at the TREC Headquarters, 1101 Camino La Costa, First Floor, Conference Room 102, Austin. According to the agenda summary, the subcommittee will call the meeting to order; discuss and make possible recommendations to the Texas Appraiser Licensing and Certification Board of the FY 1992 operational budget; and adjourn.
Contact: Renil C. Liner, 1101 Camino La Costa, Austin, Texas 78752, (512) 465-3950.
Filed: September 12, 1991, 2:31 p.m.
TRD-9111307
State Bar of Texas
Monday, September 23, 1991, 11 a.m. The Board of Directors of the State Bar of Texas will meet at the Texas Law Center, 1414 Colorado Street, Room 101-2, Austin. According to the agenda summary, the board will hear reports of the Chairman of the Board, President, President-Elect, Executive Director, MCLE Committee; and hear remarks from the general public.
Contact: Pat Hiller, 1414 Colorado Street, Austin, Texas 78711, (512) 463-1451.
Filed: September 13, 1991, 4:41 p.m.
TRD-9111384
Texas Bond Review Board
Thursday, September 19, 1991, 10 a.m. The Texas Bond Review Board will meet at the State Capitol, Sergeant's Committee Room, Austin. According to the emergency revised agenda summary, the board will remove item A as previously posted (presentation by National Research Laboratory Commission). The emergency was necessary as presentation will not be made to board.
Contact: Tom K. Pollard, 506 Sam Houston Building, 201 East 14th Street, Austin, Texas 78701, (512) 362-1741.
Filed: September 16, 1991, 1:01 p.m.
TRD-9111425
Texas State Board of Examiners of Professional Counselors
Friday, September 13, 1991, 10:30 a.m. The Texas State Board of Examiners of Professional Counselors held an emergency meeting at the Board Offices, 4200 North Lamar Boulevard, Austin. According to the complete agenda, the board made introductions and heard announcements; considered action on motion for continuance as it related to subsequently scheduled board action on proposal for decision concerning revocation of license of G.D.C.; and adjourn. The emergency status was necessary as a motion for continuance was filed on Monday, September 9, 1991.
Contact: Don F. Rettberg, 1100 West 49th Street, Austin, Texas 78756, (512) 459-2900.
Filed: September 12, 1991, 4:04 p.m.
TRD-9111323
Friday, September 13, 1991, 2 p.m. The Fees and Budget Committee of the Texas State Board of Examiners of Professional Counselors held an emergency meeting at the Board Offices, 4200 North Lamar Boulevard, Austin. According to the complete agenda, the committee considered and possibly acted on financial reports through July 31, 1991; and report on meeting with staff concerning budgetary matters and expenditures. The emergency status was necessary due to unforeseeable circumstances.
Contact: Don F. Rettberg, 1100 West 49th Street, Austin, Texas 78756, (512) 459-2900.
Filed: September 12, 1991, 10:58 a.m.
TRD-9111281
Credit Union Department
Friday, September 20, 1991, 10 a.m. The Credit Union Commission of the Credit Union Department will meet at the Credit Union Department Building, 914 East Anderson Lane, Austin. According to the complete agenda, the commission will invite public input for future consideration; receive minutes of July 12, 1991 meeting; communications reported by the commissioner; and reports by the indirect financing task force and commissioner evaluation committee; consider proposed rules sec.91.402 (Records Retention), s91.506 (Surety Bond requirements) and sec.91.211 (Foreign Branch offices); 4>and conduct an executive session to discuss credit unions and problem cases and to confer with legal counsel regarding impending hearings.
Contact: Harry L. Elliott, 914 East Anderson Lane, Austin, Texas 78752-1699, (512) 837-9236.
Filed: September 12, 1991, 10:20 a.m.
TRD-9111274
Texas Department of Criminal Justice, Board of Pardons and Paroles
Monday-Friday, September 23-27, 1991, 10 a.m. The Board of Pardons and Paroles of the Texas Department of Criminal Justice will meet at 2503 Lake Road, Suite #9, Huntsville. According to the agenda summary, a panel (composed of 3 board members) will receive, review, and consider information and reports concerning prisoners/inmates and administrative releasees subject to the board's jurisdiction and initiate and carry through with appropriate action.
Contact: Juanita Llamas, 8610 Shoal Creek Boulevard, Austin, Texas 78758, (512) 459-2744.
Filed: September 13, 1991, 8:55 a.m.
TRD-9111332
Texas State Board of Dental Examiners
Friday-Saturday, September 20-21, 1991, 8 a.m. The Texas State Board of Dental Examiners will meet at the Doubletree Hotel, IH-35 North, Austin. According to the agenda summary, on Friday, the board will call the meeting to order; take roll call; discuss approval of past minutes; approval of settlement orders; modification of board orders; appearances before board by Dr. James Hill, Lisa Ferguson, Tyree Davis, Darrell Mays; hear final arguments, Case 91-038, William K. Sandy McTavish; and meet in executive session. On Saturday, the board will hear committee reports, 1992 dental and dental hygiene examinations; hear president's report, intra-extra mural practice; anesthesia consultants committee; nominations; hear board reports, remedial training; participation courses at 1992 AGD meeting; DHAC criteria; HIV/AIDS symposium; nitrous oxide monitoring exam revisions; hear executive director's report, Sunset Commission continuing education; approval of permits announcements; and adjourn.
Contact: C. Thomas Camp, 327 Congress Avenue, Suite 500, Austin, Texas 78701, (512) 477-2985.
Filed: September 12, 1991, 2:31 p.m.
TRD-9111306
Interagency Council on Early Childhood Intervention
Monday-Tuesday, September 23-24, 1991, 10 a.m. and 8:30 a.m. respectively. The Advisory Committee of the Interagency Council on Early Childhood Intervention will meet at Advocacy Inc., 7800 Shoal Creek Boulevard, Austin. According to the complete agenda, the committee will hear public comments; approve minutes of June meeting; consider and possibly act on: council report; executive director report; advisory committee chair report; competency based training for early intervention specialists; new early childhood intervention policies; transition plans for advisory committee; and sub-committee meetings.
Contact: Donna Samuelson, 1100 West 49th Street, Austin, Texas 78756, (512) 458-7673.
Filed: September 12, 1991, 10:58 a.m.
TRD-9111283
Wednesday, September 25, 1991, 9 a.m. The Interagency Council on Early Childhood Intervention will meet at the Texas Department of Health, 1100 West 49th Street, Room M-652, Austin. According to the complete agenda, the council will hear public comments; discuss approval of minutes of September meeting; consider and approve Department of Resources/early childhood intervention equipment plan; adoption of proposed rules, including consideration of public comments; advisory committee restructuring and budget; trans team contract; posting of proposed rule change on third party billing (parental consent); allocation of additional intervention funding plan; and Chapter 1 fiscal year 1992 funds to private non-profit providers; discuss medicaid update; personnel allocation among agencies; transition report on Tarrant County; update on contract performance measures (average daily enrollment); and Macy Research and Associates report.
Contact: Mary Elder, 1100 West 49th Street, Austin, Texas 78756, (512) 458-7673.
Filed: September 12, 1991, 4:05 p.m.
TRD-9111324
Texas Education Agency
Friday, September 20, 1991, 10 a.m. The Reorganization Advisory Committee of the Texas Education Agency will meet at the William B. Travis Building, 1701 North Congress Avenue, Room 1-109, Austin. According to the complete agenda, the committee was appointed by the commissioner of education to secure statewide input regarding respondents' perceptions of the future role of the Texas Education Agency. Information has been gathered and a formal report has been written which sets forth the committee's findings and recommendations relative to reorganization of the Agency. The report will be discussed and presented to the commissioner of education.
Contact: Julian Shaddix, 1701 North Congress Avenue, Austin, Texas 78701, (512) 463-9354.
Filed: September 12, 1991, 4:09 p.m.
TRD-9111326
Sunday-Monday, September 22-23, 1991, 5 p.m. and 8:30 a.m. respectively. The Texas Center for Educational Technology (TCET) of the Texas Education Agency, on Sunday, will meet at the University of North Texas Campus, University Union Building, Diamond Eagle Suite, Third Floor, and on Monday, at the CPA Room, Sheraton Denton, Denton. According to the agenda summary, the center will give an overview of the 1990-1991 TCET; discussion of TCET board purpose and responsibilities; and a tour TCET; and on Monday, discussion of planning issues (changes from 1990-1991; TCET's relationship with existing and other entities; expansion of consortium; intellectual ownership; ratio of research/development/dissemination/leverage; discuss budget; requests for support); how TCET best work with entities represented on the board; employment process for executive director; and board operations and procedures.
Contact: Delia R. Duffey, 1701 North Congress Avenue, Austin, Texas 78701, (512) 463-9087.
Filed: September 12, 1991, 4:09 p.m.
TRD-9111327
Wednesday, September 25, 1991, 8 a.m. The Commissioner's Advisory Council for Regional Services of the Texas Education Agency will meet at the William B. Travis Building, 1701 North Congress Avenue, Room 1-104, Austin. According to the complete agenda, the council will discuss with commissioner items of concern from the executive directors; review of partnership school initiative; status report on development of Academic Excellence Indicator System; status report on site-based management; discussion of planning for school accreditation; education service center administrative issues and concerns.
Contact: J. Robert Scott, 1701 North Congress Avenue, Austin, Texas 78701, (512) 463-9371.
Filed: September 17, 1991, 3:34 p.m.
TRD-9111448
Employees Retirement System of Texas
Monday, September 23, 1991, 1:30 p.m. The ERS Audit Committee, ERS Board of Trustees of the Employees Retirement System of Texas will meet at the ERS Building, 18th and Brazos Streets, Room 407, Austin. According to the complete agenda, the board will review and discuss status of Fiscal Year 1991 audit plan; reporting format of fiscal year 1992 audits; plan future meeting dates; and adjourn.
Contact: William S. Nail, 18th and Brazos Streets, Austin, Texas 78701, (512) 867-3336.
Filed: September 13, 1991, 11:29 a.m.
TRD-9111347
Tuesday, September 24, 1991, 8:30 a.m. The Board of Trustees of the Employees Retirement System of Texas will meet at the ERS Building, ERS Auditorium, 18th and Brazos Streets, Austin. According to the agenda summary, the board will hear the appeals of contested cases; investment of system's assets; conduct election to board of trustees of Texas Growth Fund; discuss fiscal year 1993 managed care plan design; Uniform Group Insurance Program Strategic Plan implementation status; final adoption of 34 TAC sec.81.7 amendment on enrollment/participation in Uniform Group Insurance Program; Group Insurance Advisory Committee report; TexaSaver 401(k) plan third party administrator selection; repeal of 34 TAC sec.71.9 and sec.77.5 concerning military service purchase for retirement; final adoption of 34 TAC sec.71.17 amendment; repeal of 34 TAC sec.73.19 concerning benefit continuation to disabled persons; ERS Board of Trustee delegation for state voucher approval; hear executive director's report; plan next trustee meeting; and adjourn.
Contact: William S. Nail, 18th and Brazos Street, Austin, Texas 78701, (512) 867-3336.
Filed: September 16, 1991, 10:30 a.m.
TRD-9111405
Texas Employment Commission
Tuesday, September 17, 1991, 8:30 a.m. The Texas Employment Commission met at the TEC Building, 101 East 15th Street, Room 644, Austin. According to the emergency revised agenda summary, the commission met in executive session to discuss anticipated litigation involving Relief Services, Inc.; reconvened in open meeting to discuss actions, if any, resulting from executive session. The emergency status was necessary due to imminent threat of litigation.
Contact: C. Ed Davis, 101 East 15th Street, Austin, Texas 78778, (512) 463-2291.
Filed: September 13, 1991, 2:37 p.m.
TRD-9111349
Tuesday, September 17, 1991, 8:30 a.m. The Texas Employment Commission met at the TEC Building, 101 East 15th Street, Room 644, Austin. According to the emergency revised agenda summary, the commission met in executive session to discuss pending litigation in Rainer Bertrams doing business as ESP Casino Concepts versus Texas Employment Commission; actions, if any, resulting from executive session. The emergency status was necessary due to the need to consider settlement offer in pending litigation.
Contact: C. Ed Davis, 101 East 15th Street, Austin, Texas 78778, (512) 463-2291.
Filed: September 16, 1991, 2:39 p.m.
TRD-9111436
Tuesday, September 24, 1991, 8:30 a.m. The Texas Employment Commission will meet at the TEC Building, 101 East 15th Street, Room 644, Austin. According to the agenda summary, the commission will approve prior meeting notes; consideration and possible approval of bid for painting Pecos Agency-owned building; internal procedures of commission appeals; consideration and action on tax liability cases and higher level appeals in unemployment compensation cases listed on Commission Docket 39; and set date of next meeting.
Contact: C. Ed Davis, 101 East 15th Street, Austin, Texas 78778, (512) 463-2291.
Filed: September 16, 1991, 4:10 p.m.
TRD-9111444
Texas Department of Health
Friday, September 20, 1991, 8:30 a.m. The Municipal Solid Waste Management and Resource Recovery Advisory Council of the Texas Department of Health will meet at the Red Lion Hotel, Salon E, IH-35 at US Highway 290, Austin. According to the agenda summary, the council will welcome the new president; hear opening remarks by new president; hear introductions and announcements; approve minutes of previous meeting; approve certificate of appreciation to outgoing members; consider and possibly act on: transfer of solid waste management program to the Texas Water Commission and moving of program office and personnel; scrap tire management; lead-acid battery management; waste oil management; change to quorum provision of rules of procedure; appointment of members to conference planning committee; House Bill 11, First Called Session, 72nd Legislature, 1991, concerning fees; regional planning grants; conference planning; request for proposals and current grant programs (other than regional planning); composting programs and markets in Texas; Resource Conservation and Recovery Act, subtitle D, regulations and their implementation.
Contact: Glendon Eppler, 1100 West 49th Street, Austin, Texas 78756, (512) 458-6617.
Filed: September 12, 1991, 10:58 a.m.
TRD-9111282
Texas Commission on Human Rights
Tuesday, September 24, 1991, 10:30 a.m. The Texas Commission on Human Rights will meet at the John H. Reagan Building, 105 West 15th Street, Room 107, Austin. According to the agenda summary, the commission will discuss and vote on agenda item(s) covered in executive session as necessary or required; welcoming of guests; discuss approval of minutes; administrative reports (executive director's report, complaint monitoring report, operations report-employment and housing, finance report); discussion of cash flow statement for fiscal 1992; discussion of conferences with state agencies and institutions of higher education for implementation of Article V, Section 105; discussion of personnel issues; discussion of provisions in fiscal 1992 worksharing agreement; discussion of EEOC charge resolution contract for fiscal 1992; discussion of negotiations with the Attorney General's office on legal services; status of EEO compliance training; commissioner issues; and unfinished business.
Contact: William M. Hale, P.O. Box 13493, Austin, Texas 78711, (512) 837-8534.
Filed: September 13, 1991, 3:45 p.m.
TRD-9111379
Texas Department of Insurance
Thursday, September 19, 1991, 9 a.m. The Texas Department of Insurance met at 333 Guadalupe Street, 12th Floor Conference Room, Austin. According to the complete emergency revised agenda, the department reviewed and discussed pending board order concerning fire and allied lines rate deviations filed by Blue Ridge Insurance Company and Vanguard Underwriters Insurance Company. The emergency status was necessary for protection of public welfare to allow the board the opportunity to consider the filing in time before such filings are deemed approved by application of law.
Contact: Angelia Johnson, 333 Guadalupe Street, Mail Code 113-2A, Austin, Texas 78701, (512) 463-6328.
Filed: September 13, 1991, 9:50 a.m.
TRD-9111335
Tuesday, September 24, 1991, 9 a.m. The Commissioner's Hearing Section of the Texas Department of Insurance will meet at 333 Guadalupe Street, Hobby I, 12th Floor, Austin. According to the complete agenda, the section will conduct a public hearing to consider whether disciplinary action should be taken against Nelson Carroll Newman, Wichita Falls, who holds a Group I, Legal Reserve Life Insurance Agent's license. Docket Number 11262.
Contact: Kelly Townsell, 333 Guadalupe Street, Hobby I, Austin, Texas 78701, (512) 475-2983.
Filed: September 16, 1991, 2:37 p.m.
TRD-9111429
Tuesday, September 24, 1991, 9 a.m. The Commissioner's Hearing Section of the Texas Department of Insurance will meet at 333 Guadalupe Street, Hobby I, 12th Floor, Austin. According to the complete agenda, the section will conduct a public hearing to consider the application of the Baker Agency, Inc., Otsego, Minnesota, for a Third Party Administrator's Certificate of Authority. Docket Number 11291.
Contact: Kelly Townsell, 333 Guadalupe Street, Hobby I, Austin, Texas 78701, (512) 475-2983.
Filed: September 16, 1991, 2:38 p.m.
TRD-9111435
Wednesday, September 25, 1991, 9 a.m. The Commissioner's Hearing Section of the Texas Department of Insurance will meet at 333 Guadalupe Street, Hobby I, 12th Floor, Austin. According to the complete agenda, the section will conduct a public hearing to consider whether disciplinary action should be taken against Herman H. Olvera, of Austin, who holds a Group I, Legal Reserve Life Insurance agent's license. Docket Number 11279.
Contact: Kelly Townsell, 333 Guadalupe Street, Hobby I, Austin, Texas 78701, (512) 475-2983.
Filed: September 16, 1991, 10:52 a.m.
TRD-9111407
Tuesday, October 2, 1991, 1:30 p.m. The Texas Department of Insurance will meet at the William P. Hobby Building, 333 Guadalupe Street, Room 100, Austin. According to the complete agenda, the department will hold a public hearing to consider the appeal by Thomas Lionel Maynard from Commissioner's Order Numbers 91-0784 and 91-1053 respecting Local Recording Agent's license.
Contact: Angelia Johnson, 333 Guadalupe Street, Mail Code 113-2A, Austin, Texas 78701, (512) 463-6328.
Filed: September 12, 1991, 1:39 p.m.
TRD-9111297
Texas Commission on Jail Standards
Wednesday, September 25, 1991, 9 a.m. The Texas Commission on Jail Standards will meet at the Employees Retirement Building, 18th and Brazos Streets, Room 100, Austin. According to the revised agenda summary, the commission will discuss Victoria County-appeal of remedial order.
Contact: Jack E. Crump, P.O. Box 12985, Austin, Texas 78704, (512) 463-5505.
Filed: September 16, 1991, 3:07 p.m.
TRD-9111437
Texas Commission on Law Enforcement Officer Standards and Education
Thursday, September 26, 1991, 9 a.m. The Texas Peace Officers' Memorial Advisory Committee of the Texas Commission on Law Enforcement Officer Standards and Education will meet at TCLEOSE Headquarters, 1033 LaPosada, Austin. According to the complete agenda, the committee will call the meeting to order; take roll call of members; recognition of visitors; discuss approval of the minutes of the April 18, 1991 meeting; introduction of new committee members and director; election of vice-chairman and secretary; legislative change; review and assess program mission, goals, and objectives; identify current program status; discussion of alternative program strategies; and adjourn.
Contact: Edward T. Laine, 1033 LaPosada, Suite 175, Austin, Texas 78752, (512) 450-0188.
Filed: September 12, 1991, 1:03 p.m.
TRD-9111292
Texas Department of Licensing and Regulation
Monday, September 23, 1991, 9 a.m. The Business and Occupational Programs, Tow Trucks of the Texas Department of Licensing and Regulation will meet at the E. O. Thompson Building, 920 Colorado Street, Room 1012, Austin. According to the complete agenda, the department will hold an administrative hearing to consider the possible assessment of an administrative penalty and denial, suspension or revocation of the license for Torris Dickerson for violation of Statutes, Articles 6687-9b and 9100.
Contact: Paula Hamje, 920 Colorado Street, Austin, Texas 78701, (512) 475-2899.
Filed: September 12, 1991, 2:36 p.m.
TRD-9111314
Wednesday, September 25, 1991, 9 a.m. The Business and Occupational Programs, Tow Trucks of the Texas Department of Licensing and Regulation will meet at the E. O. Thompson Building, 920 Colorado Street, Room 1012, Austin. According to the complete agenda, the department will hold an administrative hearing to consider the possible assessment of an administrative penalty and denial, suspension or revocation of the license for Carlos Morales for violation of Statutes, Articles 6687-9b and 9100.
Contact: Paula Hamje, 920 Colorado Street, Austin, Texas 78701, (512) 475-2899.
Filed: September 13, 1991, 11:12 a.m.
TRD-9111346
Texas Council on Offenders with Mental Impairments
Monday, September 23, 1991, 10 a.m. The Executive Committee of the Texas Council on Offenders with Mental Impairments will meet at the TDCJ, Pardons and Paroles Division, 8610 Shoal Creek Boulevard, Austin. According to the agenda summary, the committee will call the meeting to order; hear public comments; approval of minutes of precious meetings; hear the executive director's report; discuss old and new business; and adjourn.
Contact: Pat Hamilton, P.O. Box 12546, Austin, Texas 78711, (512) 459-2720.
Filed: September 12, 1991, 1:45 p.m.
TRD-9111302
Monday, September 30, 1991, 8:15 a.m. The Subcommittee on Offenders with MR/DD of the Texas Council on Offenders with Mental Impairments will meet at the Texas Juvenile Probation Commission, 2015 South IH-35, Austin. According to the agenda summary, the subcommittee will call the meeting to order; and discuss pilot project treatment services and contracts.
Contact: Pat Hamilton, P.O. Box 12546, Austin, Texas 78711, (512) 459-2720.
Filed: September 12, 1991, 1:43 p.m.
TRD-9111301
Monday, September 30, 1991, 10 a.m. The Texas Council on Offenders with Mental Impairments will meet at the Texas Juvenile Probation Commission, 2015 South IH-35, Austin. According to the agenda summary, the council will call the meeting to order; hear public comments; approve minutes of last meeting; hear the executive director's report; executive committee report; discuss old or new business; and adjourn.
Contact: Pat Hamilton, P.O. Box 12546, Austin, Texas 78711, (512) 459-2720.
Filed: September 12, 1991, 1:42 p.m.
TRD-9111300
Monday, September 30, 1991, 12:15 p.m. The Subcommittee on Offenders with Mental Illness of the Texas Council on Offenders with Mental Impairments will meet at the Texas Juvenile Probation Commission, 2015 South IH-35 South, Austin. According to the agenda summary, the subcommittee will call the meeting to order; and discuss pilot project treatment services and contracts.
Contact: Pat Hamilton, P.O. Box 12546, Austin, Texas 78711, (512) 459-2720.
Filed: September 12, 1991, 1:42 p.m.
TRD-9111299
Texas State Board of Podiatry Examiners
Thursday, September 19, 1991, 1 p.m. The Texas State Board of Podiatry Examiners met at the Hyatt Regency Fort Worth, 815 Main Street, Fort Worth. According to the complete agenda, the board will discuss and propose board rules concerning residency requirements, examination rules and advertisement rules; and also discuss and review current complaint files.
Contact: Sandra Marshall, 3420 Executive Center Drive, Suite 305, Austin, Texas 78731, (512) 794-0145.
Filed: September 12, 1991, 10:48 a.m.
TRD-9111280
Texas Board of Private Investigators and Private Security Agencies
Thursday, September 26, 1991, 9 a.m. The Texas Board of Private Investigators and Private Security Agencies will meet at the Hilton Airport Hotel, Windsor East Room, 6000 Middle Fiskville Road, Austin. According to the complete agenda, the board will approve the minutes of May 21 and 22, 1991, meeting and July 11, 1991 meeting; review staff recommendation and board action on new licenses, suspension orders, reinstatement orders, certificates for replacement managers, license terminations revocations, denials, reprimands, requests for waiver of board rule, and other proposals for decision, requests for rehearings and related issues; report and board action on newsletter and training tapes; discussion of voice message phone system and automated file system; automated services and equipment; discussion and board approval of agency operating budget for fiscal year 1992; report and board action on review of executive director's personal financial statement as required by sec.5 of the Appropriations Act; board action on proposed board rule pursuant to 2652-13b(1), Vernon's Annotated Civil Statutes; report of ticket system for technical violations; and hear public comment.
Contact: Clema D. Sanders, 313 East Anderson Lane, Austin, Texas 78752, (512) 463-5545.
Filed: September 16, 1991, 4:24 p.m.
TRD-9111445
Public Utility Commission of Texas
Tuesday, September 24, 1991, 10 a.m. The Public Utility Commission of Texas will meet at 7800 Shoal Creek Boulevard, Suite 450N, Austin. According to the complete agenda, the commission will hold a prehearing conference in Docket Number 10576-application of United Telephone Company to revise tariff to establish rates and charges for 911 network features, public safety answering point (PSAP) equipment, and shared automatic location identification centralized services.
Contact: Mary Ross McDonald, 7800 Shoal Creek Boulevard, Austin, Texas 78757, (512) 458-0100.
Filed: September 12, 1991, 3 p.m.
TRD-9111315
Tuesday, September 24, 1991, 1:30 p.m. (rescheduled from September 16, 1991, at 1:30 p.m.). The Hearings Division of the Public Utility Commission of Texas will meet at 7800 Shoal Creek Boulevard, Suite 450N, Austin. According to the complete agenda, the division will hold a hearing on the merits in Consolidated Docket Numbers 9251, 9249, and 9298: Docket Number 9251-application of GTE Southwest, Inc. to revise Section 47 of the general exchange tariff to establish specific rates for Centranet Service involving 101-400 lines; Docket Number 9249-application of GTE Southwest, Inc. to establish Centranet rates for Texas Instruments; and Docket Number 9298-application of GTE Southwest, Inc. for approval of Centranet Service for Williamson County and San Felipe Del Rio Consolidated School Districts.
Contact: Mary Ross McDonald, 7800 Shoal Creek Boulevard, Austin, Texas 78757, (512) 458-0100.
Filed: September 16, 1991, 3:35 p.m.
TRD-9111440
Tuesday, November 12, 1991, 10 a.m. The Hearings Division of the Public Utility Commission of Texas will meet at 7800 Shoal Creek Boulevard, Suite 450N, Austin. According to the complete agenda, the division will hold a hearing on the merits in Docket Number 10549-application of San Bernard Electric Cooperative, Inc. to amend certain tariffs.
Contact: Mary Ross McDonald, 7800 Shoal Creek Boulevard, Austin, Texas 78757, (512) 458-0100.
Filed: September 12, 1991, 3:01 p.m.
TRD-9111316
Railroad Commission of Texas
Monday, September 23, 1991, 9 a.m. The Railroad Commission of Texas will meet at the William B. Travis Building, 1701 North Congress Avenue, 12th Floor Conference Room, Austin. Agendas follow.
The commission will consider various matters within the jurisdiction of the commission. In addition, the commission will consider items previously posted for open meeting and at such meeting verbally postponed or continued to this date. With regard to any item, the commission may take various action, including, but not limited to scheduling an item in its entirety or for particular action at a future time or date. The commission may consider the procedural status of any contested case if 60 days or more have elapsed from the date the hearing was closed or from the date the transcript was received. The commission will meet in executive session as authorized by the Open Meetings Act, including to receive legal advice regarding pending and/or contemplated litigation.
Contact: Cue Boykin, P.O. Box 12967, Austin, Texas 78711, (512) 463-7033.
Filed: September 13, 1991, 11:10 a.m.
TRD-9111345
The commission will consider and act on the Office of the Executive Director's report on commission budget and fiscal matters, administrative and procedural matters, personnel and staffing, state and federal legislation, and contracts and grants. Consider reorganization of various commission divisions; consolidation of positions; commission chairmanship; and appointment, reassignment and/or termination of various positions, including division directors. Consideration of reorganization of the well plugging program. The commission will meet in executive session to consider the appointment, employment, evaluation, re-assignment, duties, discipline and/or dismissal of personnel, and pending litigation.
Contact: Walter H. Washington, Jr., P.O. Box 12967, Austin, Texas 78711-2967, (512) 463-7274.
Filed: September 13, 1991, 11:08 a.m.
TRD-9111338
The commission will consider and act on the Office of Information Services Director's report on division administration, budget, procedures, and personnel matters.
Contact: Brian W. Schaible, P.O. Box 12967, Austin, Texas 78701, (512) 463-6710.
Filed: September 13, 1991, 11:08 a.m.
TRD-9111339
The commission will consider and act on the Automatic Data Processing Division Director's report on division administration, budget, procedures, equipment acquisitions and personnel matters.
Contact: Bob Kmetz, P.O. Box 12967, Austin, Texas 78711, (512) 463-7251.
Filed: September 13, 1991, 11:08 a.m.
TRD-9111340
The commission will consider category determinations under sec.sec.102(c)(1)(B), 102(c)(1)(C), 103, 107, and 108 of the Natural Gas Policy Act of 1978.
Contact: Margie Osborn, P.O. Drawer 12967, Austin, Texas 78711, (512) 463-6755.
Filed: September 13, 1991, 11:08 a.m.
TRD-9111341
The commission will consider and act on the Investigation Division Director's report on division administration, investigations, budget, and personnel matters.
Contact: Mary Anne Wiley, P.O. Box 12967, Austin, Texas 78711-2967, (512) 463-6828.
Filed: September 13, 1991, 11:09 a.m.
TRD-9111342
The commission will consider and act on the Administrative Services Division Director's report on division administration, budget, procedures and personnel matters.
Contact: Roger Dillon, P.O. Box 12967, Austin, Texas 78711-2967, (512) 463-7257.
Filed: September 13, 1991, 11:09 a.m.
TRD-9111343
The commission will consider and act on the Personnel Division Director's report on division administration, budget, procedures, and personnel matters. The commission will meet in executive session to consider the appointment, employment, evaluation, re-assignment, duties, discipline and/or dismissal of personnel.
Contact: Mark Bogan, P.O. Box 12967, Austin, Texas 78711, (512) 463-7187.
Filed: September 13, 1991, 11:09 a.m.
TRD-9111344
Texas National Research Laboratory Commission
Tuesday, September 17, 1991, 4 p.m. (rescheduled from September 18, 1991). The Site Acquisition and Development Standing Commission Committee of the Texas National Research Laboratory Commission held an emergency meeting at the Omni Melrose Hotel, Executive Board Room, 3015 Oak Lawn Avenue, Dallas. According to the agenda summary, the committee convened meeting; took roll call of members; heard chairman's report-Charles R. Perry; staff reports; (site development, property management, eminent domain); met in executive session to discuss land acquisition and real estate valuation; reconvened in open meeting; heard public comment; and adjourned. The emergency status was necessary as the commission was unable to achieve quorum of committee on originally scheduled meeting day, and there was urgent public necessity to review and consider agenda items as posted prior to full commission meeting on September 18, 1991 in order to meet DOE timetable.
Contact: Karen L. Chrestay, 1801 North Hampton Road, #400, DeSoto, Texas 75115, (214) 709-3800.
Filed: September 16, 1991, 2:37 p.m.
TRD-9111430
Wednesday, September 18, 1991, 11:45 a.m. The Financing Corporation of the Texas National Research Laboratory Commission held an emergency meeting at the InfoMart Exhibition Hall, Room 7015, Oak Lawn Avenue at Stemmons Freeway, Dallas. According to the agenda summary, the commission convened the meeting; took roll call of members; discussed and acted on items; reconvended in open meeting; heard public comment; and adjourned. The emergency status was necessary due to reasonably unforeseeable necessity to convene board of directors of financing corporation for an organizational meeting in order to meet DOE project timetable.
Contact: Karen L. Chrestay, 1801 North Hampton Road, #400, DeSoto, Texas 75115, (214) 709-3800.
Filed: September 17, 1991, 9:54 a.m.
TRD-9111456
Wednesday, September 18, 1991, 1:30 p.m. The Texas National Research Laboratory Commission met at the InfoMart Exhibition Hall, Room 7014, Oak Lawn Avenue at Stemmons Freeway, Dallas. According to the emergency revised agenda summary, the commission convened meeting and took roll call of members; heard public comment; met in executive session (land acquisition, real estate valuation, consult with legal counsel); heard chairman's-report Jack I. Martin; executive director's report-Edward C. Bingler; committee reports (finance-Peter O'Donnell; research and Education-Peter T. Flawn; site acquisition and development-Charles Perry; heard public comment; and adjourned. The emergency status was necessary due to reasonably unforeseeable necessity to add discussion and action items in order to meet DOE timetable.
Contact: Karen L. Chrestay, 1801 North Hampton Road, #400, DeSoto, Texas 75115, (214) 709-3800.
Filed: September 16, 1991, 2:37 p.m.
TRD-9111431
Center for Rural Health Initiatives
Wednesday, September 25, 1991, 1:30 p.m. The Executive Committee of the Center for Rural Health Initiatives will meet at the Radisson Plaza Hotel at Austin Centre, Ballroom A, 700 San Jacinto St., Austin. According to the complete agenda, the committee will elect officers; approve rules for outstanding rural scholars program; discuss status of projects; the strategic planning process, new programs, and FY 1992 budget.
Contact: Bryan P. Sperry, 211 East Seventh Street, #915, Austin, Texas 78701, (512) 479-8891.
Filed: September 12, 1991, 4:16 p.m.
TRD-9111328
Interagency Council on Sex Offender Treatment
Friday, October 18, 1991, 9:30 a.m. The Board of the Interagency Council on Sex Offender Treatment will meet at 1100 West 49th Street, Fifth Floor, Austin. According to the complete agenda, the board will discuss approval of the minutes of June 28, 1991; hear a report by executive director; hear public comment; discuss and consider approval of educational seminars; council goals, objectives and strategies; and discuss SOTP registry criteria and format.
Contact: Bill W. Bownds, 9111 Jollyville, #202, Austin, Texas 78759, (512) 343-8520.
Filed: September 13, 1991, 10:45 a.m.
TRD-9111336
Sunset Advisory Commission
Friday, September 20, 1991, 10 a.m. The Sunset Advisory Commission will meet at the State Capitol Building, Senate Chamber, Austin. According to the complete agenda, the commission will call the meeting to order; discuss and possibly action on operating budget; discussion of commission work; schedule and procedures; discuss other business; and adjourn.
Contact: Susan Kinney, 105 West 15th Street, Room 305, Austin, Texas 78701, (512) 463-1300.
Filed: September 12, 1991, 4:05 p.m.
TRD-9111325
The Texas A&M University System
Thursday, September 19, 1991, 8 a.m. The Finance and Audit Committee of the Board of Regents of Texas A&M University System met at the Board of Regents Meeting Room, College Station. According to the complete agenda, the committee discussed the 1991 audit results, proposed audits and time budgets for 1992; and other departmental matters.
Contact: Vickie Running, The Texas A&M University System, College Station, Texas 77843, (409) 845-9600.
Filed: September 16, 1991, 9:30 a.m.
TRD-9111394
Thursday, September 19, 1991, 9 a.m. The Board of Regents of the Texas A&M University System met at the Board of Regents Meeting Room, College Station. According to the agenda summary, the board reviewed and discussed construction matters for the system parts; emeritus titles; authorization for degrees, quasi-endowment, easements, license agreements, agreements; appropriations from AUF and unappropriationed sources; budget and fiscal transfers; gifts, grants, loans and bequest; authorization to submit reports; adoption resolutions; holiday schedule; financial disclosure statements; terminations; appointments and promotions; tenure; appointment of system investment advisory committee, deans, interim provost and vice presidents; appointment of Director of TEES, executive deputy chancellor and vice chancellor for communications; approval of minutes; reconsider establishment of positions and potential appointments for TAMU; disposition and acquisition of real estate; naming of facilities; and establishment of policies.
Contact: Vickie Running, The Texas A&M University System, College Station, Texas 77843, (409) 845-9600.
Filed: September 16, 1991, 9:31 a.m.
TRD-9111395
Texas Water Commission
Wednesday, September 25, 1991, 9 a.m. The Texas Water Commission will meet at the Stephen F. Austin Building, 1700 North Congress Avenue, Room 118, Austin. According to the agenda summary, the commission will consider whether to affirm, modify, or set aside Emergency Order 91-10E issued September 11, 1991 to Leigh Metal Coating and Machinery, Inc. which is located at 2725 West 81st Street, Odessa, Ector County. The order would require Leigh Metal to undertake certain actions to address the chromium contamination in the groundwater at or near its facility and to the terms and conditions set forth in Emergency Order Number 91-10E.
Contact: Robert Renbarger, P.O. Box 13087, Austin, Texas 78711, (512) 463-7875.
Filed: September 13, 1991, 4:42 p.m.
TRD-9111385
Friday, October 25, 1991, 10 a.m. The Texas Water Commission will meet at the Stephen F. Austin Building, 1700 North Congress Avenue, Room 1149B, Austin. According to the agenda summary, the commission will hold a hearing on Application Number 9178-C by John Furnace, and Application Number 9171-C by D&J Water Supply, Inc. for certificates of convenience and necessity to provide water utility service for an overlapping service area. The service area both have applied for is the Mark V Estates Subdivision which contains 34 current customers and is located in Brazoria County, approximately two miles east of downtown Liverpool, and three miles southwest of downtown Alvin.
Contact: Carol Wood, P.O. Box 13087, Austin, Texas 78711, (512) 463-7875.
Filed: September 16, 1991, 11:21 a.m.
TRD-9111413
Friday, October 25, 1991, 10 a.m. The Texas Water Commission will meet at the Stephen F. Austin Building, 1700 North Congress Avenue, Room 1028A, Austin. According to the agenda summary, the commission will hold a hearing to consider Truman Lee doing business as Enchanted Lakes Water Company's application for a water rate increase. Docket Number 9164-G.
Contact: Leslie A. Limes, P.O. Box 13087, Austin, Texas 78711, (512) 463-7875.
Filed: September 16, 1991, 11:20 a.m.
TRD-9111409
Wednesday, November 6, 1991, 3 p.m. The Texas Water Commission will meet at the Stephen F. Austin Building, 1700 North Congress Avenue, Room 118, Austin. According to the agenda summary, the commission will consider Application Number 4591A to amend Permit Number 4279 which authorized permittee, Warren's Turf Nursery, Inc., the right to maintain an existing 38 acre-foot capacity reservoir on an unnamed tributary of the Little River and to divert and use not to exceed 150 acre-feet of water per annum of the reservoir inflows of state water and 600 acre-feet of water per annum from the Little River, Brazos River Basin, directly to the fields or into the aforesaid reservoir for subsequent use at a maximum diversion rate of 3.57 cfs from the reservoir and 4. 01 cfs from the Little River to irrigate 600 acres of land in the Juan Jose Acosta Grant, Abstract Number One, Milam County, approximately nine miles southwest of Cameron. Applicant has requested an amendment to Permit Number 4279 to increase the amount of water authorized to be diverted and used from the Little River to 900 acre-feet of water per annum without any increase in the maximum diversion rates. No other changes are requested.
Contact: Weldon P. Hawthorne, P.O. Box 13087, Austin, Texas 78711, (512) 371-6388.
Filed: September 16, 1991, 11:20 a.m.
TRD-9111410
Wednesday, November 13, 1991, 3 p.m. The Texas Water Commission will meet at the Stephen F. Austin Building, 1700 North Congress Avenue, Room 118, Austin. According to the agenda summary, the commission will consider Brewster County's Application Number 5375 for a water use permit to impound water in an existing 7 acre-foot capacity reservoir with a surface area of approximately 1.1 acres. The reservoir (which includes a hydraulically-connected wading pool) is created by a dam on Pena (Colorado) Creek, tributary of Maravillas Creek, tributary of the Rio Grande, Rio Grande Basin, and is used for in-place recreational purposes at Fort Pena Colorado Park in Brewster County, approximately five miles southwest of Marathon and 26 miles southeast of Alpine.
Contact: Terry Slade, P.O. Box 13087, Austin, Texas 78711, (512) 371-6386.
Filed: September 16, 1991, 11:20 a.m.
TRD-9111411
Wednesday, November 27, 1991, 3 p.m. The Texas Water Commission will meet at the Stephen F. Austin Building, 1700 North Congress Avenue, Room 118, Austin. According to the agenda summary, the commission will consider Application Number 5378 by Balcones Country Club Membership Association, Inc. for a permit to impound 13 acre-feet of water in an existing dam and reservoir (Spring Lake Dam) and to divert 60 acre-feet of water per annum from Sring Lake into an existing off-channel Holding Pond Number 16. Water diverted to Holding Pond Number 16 will be subsequently used for irrigation of 115.992 acres of land (golf course) in Williamson and Travis Counties. Maximum diversion rate from perimeter of off-channel Holding Pond Number 16 to golf course for irrigation will be 2.23 cfs (1000 gpm). Spring Lake Dam and reservoir are located on an unnamed tributary of Bull Creek, tributary of the Colorado River, Colorado River basin, within the James C. Irvine Survey, Abstract Number 427, approximately 11 miles north-northwest of the Travis County Courthouse, Austin, Travis County.
Contact: Rick Airey, P.O. Box 13087, Austin, Texas 78711, (512) 371-6384.
Filed: September 16, 1991, 11:20 a.m.
TRD-9111408
Wednesday, November 27, 1991, 3 p.m. The Texas Water Commission will meet at the Stephen F. Austin Building, 1700 North Congress Avenue, Room 118, Austin. According to the agenda summary, the commission will consider Briarcliff Property Owners Association, Inc.'s Application Number 5377 for a water use permit to maintain 5 dams creating reservoirs with a total combined impounding capacity of 69.6 acre-feet of water on Cat Creek, tributary of the Colorado River (Lake Travis), Colorado River Basin, and to use the impounded water for in-place recreational purposes. The dams and reservoirs are located approximately 20 miles northwest of Austin, Travis County, in the Beaty, Seale and Foxwood Survey Number 43, Abstract Number 132.
Contact: Weldon P. Hawthorne, P.O. Box 13087, Austin, Texas 78711, (512) 371-6388.
Filed: September 16, 1991, 11:21 a.m.
TRD-9111412
Texas Water Commission Association Risk Management Fund
Friday, September 20, 1991, 8 a.m. The Board of Trustees of the Texas Water Commission Association Risk Management Fund will meet at the Guest Quarters Hotel, 303 West 15th Street, Austin. According to the agenda summary, the board will review and discuss organizational items; consent items; hear committee reports; administrator's report; legal counsel's report; fix (or reaffirm) date of next meeting; and adjourn.
Contact: Leroy Goodson, 206 San Jacinto Building, Austin, Texas 78701, (512) 472-7216.
Filed: September 16, 1991, 10:32 a.m.
TRD-9111406
Regional Meetings
Meetings Filed September 12, 1991
The Alamo Area Council of Governments Management Committee met at 118 Broadway Street, Suite 420, San Antonio, September 17, 1991, at noon. Information may be obtained from Al J. Notzon, III, 118 Broadway Street, Suite 400, San Antonio, Texas 78205, (512) 225-5201. TRD-9111317.
The Burnet County Appraisal District Board of Directors met at 223 South Pierce Street, Burnet, September 19, 1991, at 6 p.m. Information may be obtained from Barbara Ratliff, P.O. Drawer E, Burnet, Texas 78611, (512) 756-8291. TRD-9111330.
The Dallas Area Rapid Transit Committee-of-the-Whole met at the DART Office, 601 Pacific Avenue, Board Room, Dallas, September 17, 1991, at 1 p. m. Information may be obtained from Nancy McKethan, 601 Pacific Avenue, Dallas, Texas 75202, (214) 658-6237. TRD-9111322.
The Dallas Area Rapid Transit Planning and Development Committee met at the DART Office, 601 Pacific Avenue, Board Room, Dallas, September 17, 1991, at 3 p.m. Information may be obtained from Nancy McKethan, 601 Pacific Avenue, Dallas, Texas 75202, (214) 658-6237. TRD-9111321.
22 point=9.03p set=9.03p>The Deep East Texas Council of Governments met at the Woodville Inn, 201 North Magnolia Street, Woodville, September 19, 1991, at 1 p.m. Information may be obtained from Joan Draper, 274 East Lamar Street, Jasper, Texas 75951, (409) 384-5704. TRD-9111312.
The Dewitt County Appraisal District Board of Directors met at the Dewitt County Appraisal District Office, 103 Bailey Street, Cuero, September 16, 1991, at 7:30 p.m. Information may be obtained from John Haliburton, P.O. Box 4, Cuero, Texas 77954, (512) 275-5753. TRD-9111310.
The East Texas Council of Governments Private Industry Council met at the ETCOG Offices, Kilgore, September 19, 1991, at 9:30 a.m. Information may be obtained from Glynn Knight, 3800 Stone Road, Kilgore, Texas 75662, (903) 984-8641. TRD-9111318.
The Fort Bend Parkway Association met at 11111 Brooklet Drive, Suite 100, Houston, September 19, 1991, at 6 p.m. Information may be obtained from Robert R. Randolph, 2801 First City Tower, 1001 Fannin Street, Houston, Texas 77002-6760, (713) 758-2380. TRD-9111284.
The Golden Crescent Regional Planning Commission General Assembly met at the Plaza Club, One O'Connor Plaza, Victoria, September 18, 1991, at 7 p. m. Information may be obtained from Patrick Kennedy, P.O. Box 2028, Victoria, Texas 77902, (512) 578-1587. TRD-9111331.
The Harris County Appraisal District Board of Directors met at 2800 North Loop West, Eighth Floor, Houston, September 18, 1991, at 9:30 a.m. Information may be obtained from Margie Hilliard, P.O. Box 920975, Houston, Texas 77292, (713) 957-5291. TRD-9111298.
The Houston-Galveston Area Council Projects Review Committee met at 3555 Timmons Lane, Houston, Fourth Floor, Board of Directors Conference Room, Houston, September 17, 1991, at 8:30 a.m. Information may be obtained from Steve Howard, P.O. Box 22777, Houston, Texas 77227-2777, (713) 627-3200. TRD-9111285.
The Houston-Galveston Area Council Board of Directors met at 3555 Timmons Lane, Houston, Fourth Floor Conference Room, Houston, September 17, 1991, at 10 a.m. Information may be obtained from Cynthia Marquez, P.O. Box 22777, Houston, Texas 77227-2777, (713) 627-3200. TRD-9111286.
The Kendall County Appraisal District Board of Directors will meet at 207 East San Antonio Street, Boerne, September 26, 1991, at 5 p.m. Information may be obtained from Mick Mikulenka, P.O. Box 788, Boerne, Texas 78006, (512) 249-8012. TRD-9111311.
The Multimodal Transportation Planning Gulf Coast State Planning Region Transportation Planning Committee will meet at 3555 Timmons Street, Fourth Floor Conference Room, Houston, September 27, 1991, at 9 a.m. Information may be obtained from LaDawn Bush, P.O. Box 1386, Houston, Texas 77251, (713) 869-4571. TRD-9111291.
The North Texas Municipal Water District Board of Directors will meet at 505 East Brown Street, Administrative Offices, Wylie, September 26, 1991, at 4 p.m. Information may be obtained from Carl W. Riehn, 505 East Brown Street, Wylie, Texas 75098, (214) 442-5405. TRD-9111313.
The Panhandle Regional Planning Commission Board of Directors met at the Tascosa Country Club, Amarillo, September 19, 1991, at 3:30 p.m. Information may be obtained from Rebecca Rusk, P.O. Box 9257, Amarillo, Texas 79105-9257, (806) 372-3381. TRD-9111290.
The South East Texas Regional Planning Commission Executive Committee met at the City of Beaumont Council Chambers, Beaumont, September 18, 1991, at 7 p.m. Information may be obtained from Jackie Vice, P.O. Drawer 1387, Nederland, Texas 77627, (409) 727-2384. TRD-9111308.
The Swisher County Appraisal District Board of Directors met at 130 North Armstrong, Tulia, September 19, 1991, at 7 p.m. Information may be obtained from R. L. Powell, P.O. Box 5, Tulia, Texas 79088, (806) 995-4118. TRD-9111309.
Meetings Filed September 13, 1991
The Bastrop Central Appraisal District Board of Directors met at the Bastrop Central Appraisal District, 1200 Cedar Street, Bastrop, September 19, 1991, at 7:30 p.m. Information may be obtained from Dana Ripley, P.O. Drawer 578, Bastrop, Texas 78602, (512) 321-3925. TRD-9111367.
The Central Texas Council of Governments Central Texas Private Industry Council will meet at Highway 190 West, Killeen, September 26, 1991, at 10 a.m. Information may be obtained from Susan Kamas, P.O. Box 729, Belton, Texas 76512, (817) 939-3771. TRD-9111366.
The Hays County Appraisal District Appraisal Review Board met at 632 A East Hopkins Street, Municipal Building, San Marcos, September 18-19, 1991, at 9 a.m. Information may be obtained from Lynnell Sedlar, 632 A East Hopkins Street, San Marcos, Texas 78666, (512) 754-7400. TRD-9111362.
The Hockley County Appraisal District Appraisal Review Board met at 1103-C Houston Street, Levelland, September 18, 1991, at 11 a.m. Information may be obtained from Nick Williams, P.O. Box 1090, Levelland, Texas 79336, (806) 894-9654. TRD-9111381.
The Lamb County Education District Board of Trustees met at 1500 East Delano, Littlefield, September 18, 1991, at 8 p.m. Information may be obtained from Jerry Blakely, 1500 East Delano, Littlefield, Texas 79339, (806) 385-3844. TRD-9111360.
The Lampasas County Appraisal District Board of Directors met at 109 East Fifth Street, Lampasas, September 19, 1991, at 7 p.m. Information may be obtained from Janice Henry, P.O. Box 175, Lampasas, Texas 76550, (512) 556-8058. TRD-9111361.
The Lower Colorado River Authority Planning and Public Policy Committee met at 3700 Lake Austin Boulevard, Austin, August 21, 1991, at 9 a.m. Information may be obtained from Glen E. Taylor, P.O. Box 220, Austin, Texas 78767, (512) 473-3283. TRD-9111356.
The Lower Colorado River Authority Committees on Planning and Public Policy and Natural Resources met at 3700 Lake Austin Boulevard, Austin, September 17, 1991, at 2 p.m. Information may be obtained from Glen E. Taylor, P. O. Box 220, Austin, Texas 78767, (512) 473-3283. TRD-9111357.
The Lower Colorado River Authority Natural Resources Committee met at 3700 Lake Austin Boulevard, Austin, September 18, 1991, at 9 a.m. Information may be obtained from Glen E. Taylor, P.O. Box 220, Austin, Texas 78767, (512) 473-3283. TRD-9111355.
The Lower Colorado River Authority Energy Operations Committee met at 3700 Lake Austin Boulevard, Austin, September 18, 1991, at 9 a.m. Information may be obtained from Glen E. Taylor, P.O. Box 220, Austin, Texas 78767, (512) 473-3283. TRD-9111354.
The Lower Colorado River Authority Finance and Administration Committee met at 3700 Lake Austin Boulevard, Austin, September 18, 1991, at 9 a. m. Information may be obtained from Glen E. Taylor, P.O. Box 220, Austin, Texas 78767, (512) 473-3283. TRD-9111353.
The Lower Colorado River Authority Audit and Budget Committee met at 3700 Lake Austin Boulevard, Austin, September 18, 1991, at 9 a.m. Information may be obtained from Glen E. Taylor, P.O. Box 220, Austin, Texas 78767, (512) 473-3283. TRD-9111352.
The Lower Colorado River Authority Board of Directors met at 3700 Lake Austin Boulevard, Austin, September 18, 1991, at 9 a.m. Information may be obtained from Glen E. Taylor, P.O. Box 220, Austin, Texas 78767, (512) 473-3283. TRD-9111359.
The Lower Colorado River Authority Board of Directors met at 3700 Lake Austin Boulevard, Austin, September 19, 1991, at 9 a.m. Information may be obtained from Glen E. Taylor, P.O. Box 220, Austin, Texas 78767, (512) 473-3283. TRD-9111358.
The Lower Colorado River Authority Board of Directors met at 3700 Lake Austin Boulevard, Austin. Information may be obtained from Glen E. Taylor, P.O. Box 220, Austin, Texas 78767, (512) 473-3283. TRD-9111358.
The Lower Rio Grande Valley Development Council Board of Directors met at the Harlingen Chamber of Commerce, 311 East Tyler Street, Harlingen, September 19, 1991, at 1:30 p.m. Information may be obtained from Kenneth N. Jones, Jr., 4900 North 23rd Street, McAllen, Texas 78504, (512) 682-3481. TRD-9111333.
The Nortex Regional Planning Commission General Membership Committee met at the Wichita Falls Activities Center, 10th and Indiana Streets, Room 214, Wichita Falls, September 19, 1991, at noon. Information may be obtained from Dennis Wilde, 2101 Kemp Boulevard, Wichita Falls, Texas 76307, (817) 322-5281. TRD-9111365.
The Nortex Regional Planning Commission North Texas Private Industry Council will meet at the Wichita Falls Activities Center, 10th and Indiana Streets, Room 215, Wichita Falls, September 25, 1991, at noon. Information may be obtained from Fritz Taylor, P.O. Box 5144, Wichita Falls, Texas 76307, (817) 322-5281. TRD-9111363.
The North Central Texas Council of Governments Executive Board met at Centerpoint Two, 616 Six Flags Drive, Second Floor, Arlington, September 19, 1991, at 12:45 p.m. Information may be obtained from Edwina J. Shires, P.O. Drawer COG, Arlington, Texas 76005-5888, (817) 640-3300. TRD-9111337.
The Region VII Education Service Center Board of Directors met at the Golden Corral Restaurant, Highway 79 South, Henderson, September 19, 1991, at 7 p.m. Information may be obtained from Don J. Peters, 818 East Main Street, Kilgore, Texas 75662, (903) 984-3071. TRD-9111351.
Meetings Filed September 16, 1991
The Austin-Travis County Mental Health and Mental Retardation Center Finance and Control Committee held an emergency meeting at 1430 Collier Street, Board Room, Austin, September 18, 1991, at noon. The emergency status was necessary as several items for the agenda were not finished and/or available in order for the agenda to be finalized in time to post for a regular meeting. Information may be obtained from Sharon Taylor, 1430 Collier Street, Austin, Texas 78704, (512) 447-4141. TRD-9111438.
The Austin-Travis County Mental Health and Mental Retardation Center Operations and Planning Committee will meet at 1430 Collier Street, Board Room, Austin, September 20, 1991, at 7:30 a.m. Information may be obtained from Sharon Taylor, 1430 Collier Street, Austin, Texas 78704, (512) 447-4141. TRD-9111432.
The Bexar Appraisal District Agricultural Appraisal Advisory Board held an emergency meeting at 535 South Main Street, San Antonio, September 17, 1991, at 6 p.m. The emergency status was necessary as this was the only time a quorum could meet. Information may be obtained from Walter Stoneham, 535 South Main Street, San Antonio, Texas 78204, (512) 224-8511. TRD-9111397.
The Bexar Appraisal District Appraisal Review Board will meet at 535 South Main Street, San Antonio, September 20, 1991, at 9 a.m. Information may be obtained from Walter Stoneham, 535 South Main Street, San Antonio, Texas 78204, (512) 224-8511. TRD-9111398.
The Bexar-Medina-Atascosa Counties Water Control Improvement District Number One Board of Directors will meet at the District Office, Highway 81, Natalia, September 23, 1991, at 9 a.m. Information may be obtained from C. A. Mueller, P.O. Box 170, Natalia, Texas 78059, (512) 663-2132. TRD-9111420.
The Central Appraisal District of Johnson County Board of Directors met at 109 North Main Street, Suite 201, Room 202, Cleburne, September 19, 1991, at 4:30 p.m. Information may be obtained from Priscilla A. Bunch, 109 North Main Street, Cleburne, Texas 76031, (817) 645-3986. TRD-9111423.
The Dallas Area Rapid Transit Committee-of-the-Whole met at the DART Office, 601 Pacific Avenue, Board Room, Dallas, September 17, at 1 p.m. The emergency revised agenda was necessary as it was of the utmost importance that the DART Board of Directors take immediate action upon implementing the DART Service Plan. Information may be obtained from Mattie Hansen, 601 Pacific Avenue, Dallas, Texas 75202, (214) 658-6456. TRD-9111402.
The Dallas Area Rapid Transit Planning and Development Committee met at the DART Office, 601 Pacific Avenue, Board Room, Dallas, September 17, 1991, at 3 p.m. The emergency revised agenda was necessary as it was of the utmost importance that the DART Board of Directors take immediate action upon implementing the DART Service Plan. Information may be obtained from Mattie Hansen, 601 Pacific Avenue, Dallas, Texas 75202, (214) 658-6456. TRD-9111403.
The Deep East Texas Private Industry Council, Inc. Executive Committee will meet at the Ramada Inn, Jasper, September 23, 1991, at 10 a.m. Information may be obtained from Unav Wade, 127 West Houston Street, Jasper, Texas 75951, (409) 384-8769. TRD-9111428.
The Greater Austin-San Antonio Corridor Council, Inc. Executive Committee will meet at the University of Texas Health Science Center Dental School Cafeteria, San Antonio, September 20, 1991, at 1 p.m. Information may be obtained from Dolores Sullivan, P.O. Box 1618, San Marcos, Texas 78667-1618, (512) 245-2535. TRD-9111415.
The Greater Austin-San Antonio Corridor Council, Inc. Board of Directors will meet at the University of Texas Health Science Center, Nursing School Building, Room 1.222, San Antonio, September 20, 1991, at 2:30 p.m. Information may be obtained from Dolores Sullivan, P.O. Box 1618, San Marcos, Texas 78667-1618, (512) 245-2535. TRD-9111416.
The Lower Rio Grande Valley Development Council Board of Directors will meet at the Harlingen Chamber of Commerce, 311 East Tyler, Harlingen, September 19, 1991, at 1:30 p.m. Information may be obtained from Kenneth N. Jones, Jr., 4900 North 23rd Street, McAllen, Texas 78504, (512) 682-3481. TRD-9111446.
The Middle Rio Grande Development Council Texas Review and Comment System will meet at the Civic Center Reading Room, 300 East Main Street, Uvalde, September 20, 1991, at 10 a.m. Information may be obtained from Dora T. Flores, P.O. Box 1199, Carrizo Springs, Texas 78834, (512) 876-3533. TRD-9111442.
The Middle Rio Grande Development Council Texas Review and Comment System will meet at the Civic Center Reading Room, 300 East Main Street, Uvalde, September 20, 1991, at 10 a.m. (revised agenda). Information may be obtained from Dora T. Flores, P.O. Box 1199, Carrizo Springs, Texas 78834, (512) 876-3533. TRD-9111447.
The Mills County Appraisal District will meet at the Mills County Courthouse Jury Room, Goldthwaite, September 19, 1991, at 6:30 p.m. Information may be obtained from Doran E. Lemke, P.O. Box 565, Goldthwaite, Texas 76844-0565, (915) 648-2253. TRD-9111419.
The North Texas Municipal Water District Board of Directors will meet at the Administrative Offices, 505 East Brown Street, Wylie, September 26, 1991, at 4 p.m. Information may be obtained from Carl W. Riehn, P.O. Box 2408, Wylie, Texas 75098, (214) 442-5405. TRD-9111421.
The Northeast Texas Municipal Water District Board of Directors will meet at Highway 250 South, Hughes Springs, September 23, 1991, at 10 a.m. Information may be obtained from J. W. Dean, P.O. Box 955, Hughes Springs, Texas 75656, (903) 639-7538. TRD-9111418.
The San Antonio River Authority Board of Directors met at the SARA General Office, 100 East Guenther Street, San Antonio, September 18, 1991, at 2 p.m. Information may be obtained from Fred N. Pfeiffer, P.O. Box 830027, San Antonio, Texas 78283-0027, (512) 227-1373. TRD-9111396.
The Tarrant Appraisal District Appraisal Review Board will meet at the Robotics Center, 7300 Jack Newell Boulevard South, Fort Worth, October 24, 1991, at 1 p.m. Information may be obtained from Suzanne Williams, 2309 Gravel Road, Fort Worth, Texas 76118, (817) 284-8884. TRD-9111417.
The Texas Panhandle Mental Health Authority Board of Trustees will meet at 7120 I-40 West, Suite 150, Amarillo, September 26, 1991, at 10:30 a.m. Information may be obtained from Mellisa Talley, P.O. Box 3250, Amarillo, Texas 79116, (806) 353-3699. TRD-9111434.
The Texas Panhandle Mental Health Authority Board of Trustees will meet at 7120 I-40 West, Suite 150, Amarillo, September 26, 1991, at 10:30 a.m. (revised agenda). Information may be obtained from Mellisa Talley, P.O. Box 3250, Amarillo, Texas 79116, (806) 353-3699. TRD-9111441.
Meetings Filed September 17, 1991
The County Education District Number Eleven Board of Trustees will meet at 2901 37th Street, Snyder, September 23, 1991, at 7 p.m. Information may be obtained from L. R. Peveler, 2612 College Avenue, Snyder, Texas 79549, (915) 573-8549. TRD-9111452.
The Henderson County Appraisal District Board of Directors will meet at 1751 Enterprise Street, Athens, September 23, 1991, at 7:30 a.m. Information may be obtained from Helen Marchbanks, 1751 Enterprise Street, Athens, Texas 75751, (903) 675-9296. TRD-9111455.
The Lee County Appraisal District Board of Directors will meet at 218 East Richmond Street, Giddings, September 25, 1991, at 9 a.m. Information may be obtained from Roy L. Holcomb, 218 East Richmond Street, Giddings, Texas 78942, (409) 542-9618. TRD-9111451.
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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 any action may be 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 sections, 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 use of bold text. [Brackets] indicate deletion of existing material within a section.
TITLE 1. ADMINISTRATION
Part IV. Office of the Secretary of State
Chapter 81. Elections
Political Parties
1 TAC sec.sec.81.100-81.133
(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 Office of the Secretary of State or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Office of the Secretary of State proposes the repeal of sec.sec.81.100-81.133, concerning elections. The repeals regard the financing of the 1992 primary elections with state funds, including the determination of necessary and proper expenses relating to the proper conduct of the primary elections by party officials and the procedures for requesting reimbursement by the parties for such expenses.
Tom Harrison, special assistant for elections, has determined that for the first five-year period the repeals are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the repeals.
Mr. Harrison also has determined that for each year of the first five years the repeals are in effect the public benefit anticipated as a result of enforcing the repeals will the proper conduct of the 1992 primary elections by party officials with the aid of state money appropriated for that purpose. There will be no effect on small businesses. There will be an anticipated economic cost to the state and county chairs of the Democratic and Republican parties.
Comments on the proposal may be submitted to the Office of the Secretary of State, Tom Harrison, Special Assistant for Elections, P.O. Box 12060. Austin, Texas 78711.
The repeals are proposed under the Texas Election Code, s31.003 and sec.173. 006, which provides the Office of the Secretary of State with the authority to obtain and maintain uniformity in the application, interpretation, and operation of provisions under the Texas Election Code and other election laws, and in performing such duties, to prepare detailed and comprehensive written directives and instructions based on such laws, and to adopt rules consistent with the Election Code that reduce the cost of the primary elections or facilitate the holding of the elections within the amount appropriated by the legislature for that purpose.
sec.81.100. Payable Costs.
sec.81.101. Primary Administrator.
sec.81.102. Other Salaried Personnel.
sec.81.103. Contracts for Labor.
sec.81.104. Election Services Contract.
sec.81.105. Employee Fidelity Bond.
sec.81.106. Office Rent.
sec.81.107. Office Equipment.
sec.81.108. Office Supplies and Copies of the Texas Election Code.
sec.81.109. Telephone and Postage Charges.
sec.81.110. Competitive Quotations for Services or Products.
sec.81.111. Bank Account for Primary Fund Deposits and Expenditures.
sec.81.112. Deposit of Currency.
sec.81.113. List of Candidates and Filing Fees.
sec.81.114. Interest on Loans.
sec.81.115. Signature on Checks; Authorization of Primary Fund Expenditures.
sec.81.116. Payee of Checks Restricted to an Entity or Person.
sec.81.117. Form of Payments; Petty Cash Fund; Documentation of Petty Cash Transactions.
sec.81.118. Documentation of Expenses/Record Keeping.
sec.81.119. Legal Expenses.
sec.81.120. Transfer of Records to New Chairman.
sec.81.121. General Primary Election Cost Estimate Transmitted to the Secretary of State Prior to the Close of the Regular Filing Period.
sec.81.122. Returning Surplus Funds.
sec.81.123. County Election Officer Not to Receive Compensation Under Election Services Contracts for 1990 Primary Election.
sec.81.124. Transportation Costs.
sec.81.125. Compensation for Services at the Polling Places.
sec.81.126. Compensation for Delivery Election Records and Supplies.
sec.81.127. Reimbursement for Election Schools.
sec.81.128. Unemployment Taxes.
sec.81.129. Estimating Voter Turnout.
sec.81.130. Number of Paper or Electronic Voting System Ballots per Voting Precinct.
sec.81.131. Number of Election Workers per Voting Precinct.
sec.81.132. Number of Voting Machines, Devices, and/or Precinct Ballot Counters per Voting Precinct.
sec.81.133. Application of Rules.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on September 16, 1991.
TRD-9111463
Audrey Selden
Assistant Secretary of State
Office of the Secretary of State
Earliest possible date of adoption: October 21, 1991
For further information, please call: (512) 463-5645
1 TAC sec.sec.81.100-81.138
The Office of the Secretary of State proposes new sec. s81.100-81.138 concerning elections. The new sections regard the financing of the 1992 primary elections with state funds, including the determination of necessary and proper expenses relating to the proper conduct of the primary elections by party officials and the procedures for requesting reimbursement by the parties for such expenses.
Tom Harrison, special assistant for elections, 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. Harrison 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 the proper conduct of the 1992 primary elections by party officials with the aid of state money appropriated for that purpose. There will be no effect on small businesses. There will be an anticipated economic cost to the state and county chairs at the Democratic and Republican parties.
Comments on the proposal may be submitted to the Office of the Secretary of State Tom Harrison, Special Assistant for Elections, P.O. Box 12060, Austin, Texas 78711.
The new sections are proposed under the Texas Election Code, sec.31.003 and sec.173.006, which provides the Office of the Secretary of State with the authority to obtain and maintain uniformity in the application, interpretation, and operation of provisions under the Texas Election Code and other election laws, and in performing such duties, to prepare detailed and comprehensive written directives and instructions based on such laws, and to adopt rules consistent with the Election Code that reduce the cost of the primary elections or facilitate the holding of the elections within the amount appropriated by the legislature for that purpose.
sec.81.100. Payable Costs. <ol> In accordance with the Texas Election Code, sec.173.001, only expenses necessary and directly related to the conduct of primary elections are payable from primary funds. The Texas Election Code, sec.173.006 allows the Secretary of State to adopt rules consistent with the Election Code that reduce the cost of primary elections. Political expenses, those expenses which would be incurred if there were no election, and expenses for any activity forbidden by statute or rule are not primary election costs subject to primary fund reimbursement. Examples of non-payable expenses include, but are not limited to: expenses incurred in connection with a convention of a political party, any food or drink items, all costs associated with voter registration drives, and get out the vote campaigns. Pursuant to the Texas Election Code, sec.173.031, primary funds include filing fees, contributions to the primary fund, state appropriations, and other income earned by the fund. Any refund of money expended from the primary fund is also part of the primary fund.
sec.81.101. Payee of Checks Restricted. Except for the check written to establish a petty cash fund, no check written on the primary fund shall be made payable to cash or bearer. All checks other than the check written to establish a petty cash fund shall be made payable to an entity or person. No checks from the primary fund may be made payable to the county party as contributions or to election judges as reimbursement for payments to election clerks. No payment may be made from the primary fund to an entity or business in which the county chair, chair's spouse, or chair's family has a financial interest.
sec.81.102. Form of Payments; Petty Cash Fund; Documentation of Petty Cash Transactions. All payments from the primary fund shall be made by check, except that the county chair may establish a petty cash fund not exceeding $100 for minor purchases and payments. Complete documentation of all petty cash transactions shall be kept.
sec.81.103. Administrative Personnel. <ol> Salaries or wages of administrative personnel necessary to aid in the conduct of the primary elections are payable from the primary fund for the period beginning on December 1 preceding the primary elections and ending on the last day of the month in which the last primary election is held (general or runoff primary election). Such personnel may not be employed without the prior written approval of the secretary of state. Salaries must be reasonable for the hours worked and services rendered and must reflect the salaries paid in the locale for the same or similar services. Gross compensation for each full-time primary fund employee may not exceed $1,500 per month. In counties with more than 100,000 registered voters, one full time supervisory employee may be employed at a gross compensation not to exceed $2,000 per month. A list of necessary personnel to be paid from the primary fund must be transmitted to the secretary of state and must indicate the name and title of the employee, job duties, hours to be worked, period of employment, monthly or hourly rate of pay, and the estimated or actual gross pay for the period. This information must also be attached to each finance report.
sec.81.104. Administrative Personnel Payroll Taxes. No payment may be made from the primary fund for penalties arising from failure to pay the employer portion of employment taxes. Copies of all quarterly 941 returns filed with the Internal Revenue Service must be kept with the county primary records and be transmitted to the secretary of state upon request.
sec.81.105. Contracts for Services. Contracts for services costing over $500 must be approved in writing by the secretary of state before money from the primary fund may be expended under the terms of such contracts. The fee or rate must be reasonable for the services rendered and must reflect the fee or rate prevailing in the locale for the same or similar services. The contract shall be signed by both the county chair and the contractor.
sec.81.106. Election Services Contract. The Model Election Services Contract<ol> prescribed by the secretary of state is adopted by reference. Copies of the contract may be obtained from the secretary of state. The model contract must be used in an agreement for election services pursuant to the Texas Election Code, Chapter 31, Subchapter B, between the county executive committee and the county elections officer, unless otherwise authorized by the secretary of state. Any modification of an election services contract is not binding until approved in writing by the secretary of state, and execution of the contract is not completed until written approval is obtained. The county elections officer must submit an accounting of the actual costs incurred in performance of the election services contract before the county chair may make final payment. Only actual costs incurred by the county and payable under provisions of the Election Code, election services contract, or 1992 primary rules may be paid to the county from primary funds. A contract may not allow for reimbursement for training of election workers or providing materials published by the secretary of state. Regular salaries of personnel regularly employed by the county may not be paid from or reimbursed to the county from the primary fund. An election services contract for the 1992 primary elections cannot provide for any salary or compensation of the county election officer for the performance of any statutory duty or service.
sec.81.107. Early Voting Costs Not Payable. Pursuant to the Texas Election Code, sec.173.003, the only expense to be paid from primary funds for early voting (formerly called absentee voting) is the cost of ballots. The county must pay for by-mail kits and their postage, early voting workers, and all other costs incurred in conducting early voting. No costs related to early voting shall be included in a primary election services contract or primary cost reports. Expenses related to the early voting ballot board are payable from the primary fund.
sec.81.108. Employee Fidelity Bond Required. The purchase of a fidelity bond for those persons, including the county chair, whose responsibilities include the receipt and/or expenditure of primary funds is required and payable from the primary fund. The amount of the bond is based upon the anticipated total amount of money the employee is expected to handle for the period beginning December 1 before the primary elections and ending the last day of the month in which the final primary election (either general or runoff) is held. The maximum anticipated amount of money handled by any such employee for purposes of determining the cost of the bond shall be $50,000.
sec.81.109. Office Rent. <ol> Office rent is payable from the primary fund for the period beginning on December 1 preceding the primary elections and ending on the last day of the month in which the last primary is held (general or runoff primary election). A copy of the lease agreement shall be transmitted to the secretary of state along with the Primary Election Cost Estimate.<ol> Office rent shall not exceed the fair market rate for office space in the locale. Any change in a lease agreement and an explanation of such change shall be transmitted to the secretary of state with the next required primary election estimate or report. Rental charges may not be paid from the primary fund for the use of occupied residential property.
sec.81.110. Office Equipment. <ol> Office equipment (including telephone equipment) necessary for the administration of the primary elections may be leased for the period beginning December 1 preceding the primary and ending on the last day of the month in which the last primary is held (general or runoff primary election). The county party may not rent or lease party owned equipment to the primary fund. The primary fund may not be used to purchase any administrative item of more than $100 in value.
sec.81.111. Office Supplies and Two Copies of the Texas Election Code. <ol> Purchases of office supplies necessary for the administration of the primary elections are payable from the primary fund. The expenditure for purchase of two copies of a paperback version of the Texas Election Code<ol> is authorized from the primary fund. No payment may be made from the primary fund for notary public expenses.
sec.81.112. Telephone and Postage Charges. Telephone costs, for a maximum of two telephone lines, and postage charges which are incurred during the period from December 1 preceding the primary elections and ending on the last day of the month in which the last primary is held and which are directly related to the administration of the primary elections, are payable from the primary fund. Any cost not directly attributable to the administrative conduct of the primary elections is not payable from the primary fund.
sec.81.113. Competitive Quotations For Services or Products. Unless prior approval of the secretary of state is obtained, the county chair must purchase all services and products using competitive quotations from three or more sources. Documentation or explanation of the lack of availability of competitive quotations must be submitted with the General Primary Election Cost
Estimate.<ol> This rule does not apply to expenditures of $100 or less.
sec.81.114. Bank Account For Primary Fund Deposits and Expenditures. The county chair shall establish and maintain a bank account for the sole purpose of depositing and expending primary funds. Primary funds shall not be commingled with any other fund or account. All checks issued on this account must include the following statement on their face "Void After 60 Days." Bank reconciliations must be completed on a monthly basis. These reconciliations become part of the primary records.
sec.81.115. Deposit of Currency. All filing fees and contributions received in currency shall be deposited intact into the primary fund.
sec.81.116. List of Candidates and Filing Fees. <ol> A complete list of candidates, including the offices sought and amount of filing fees received from each candidate, shall be transmitted to the secretary of state by January 13, 1992. This list shall reflect whether each candidate filed by petition or filing fee.
sec.81.117. Interest on Loans Not Payable. Interest on loans of money to cover operating costs until the receipt of primary funds approved by the secretary of state is not payable from the primary fund. Such "start-up" money should be obtained from the secretary of state by filing a General Primary Election Cost Estimate.
sec.81.118. Signature on Checks; Authorization of Primary Fund Expenditures. All checks written on the primary fund shall be personally signed by either the county chair or a bonded agent for the county chair, except that payroll checks to administrative personnel and checks to sole source vendors must be signed by the county chair. All primary fund expenditures shall be authorized by the county chair. No checks shall be signed solely with a rubber stamp or other facsimile.
sec.81.119. Documentation of Expenses/Record Keeping. Copies of all bills, invoices, contracts, petty cash receipts, and any other related materials supporting primary election costs shall be transmitted to the secretary of state upon request. Such records must be preserved for a period ending not later than one calendar year from July 1 following the primary elections, but if court action or an official investigation is pending, they shall be preserved until the termination of such court action or official investigation. A final account reconciliation must be completed and the account closed by July 1 following the primary elections.
sec.81.120. Legal Expenses. <ol> No legal expenses may be paid from the primary fund without the prior written approval of the secretary of state. Before entering into a contract for legal services anticipated to be payable from primary funds, the county chair must contact the secretary of state and obtain a determination that such legal services are payable from the primary fund. Such determination must be verified in writing and submitted to the county chair.
sec.81.121. Transfer of Records to New County Chair. The county chair is responsible for the complete and orderly transfer to his successor or the appropriate county committee of all records required by law in connection with the primary election. If a vacancy occurs in the office of county chair, the executive committee shall appoint a custodian of these records until a successor is appointed or elected.
sec.81.122. Early Filing of General Primary Election Cost Estimate. If the General Primary Election Cost Estimate<ol> is transmitted to the secretary of state prior to the close of the regular filing period, the county chair shall estimate the amount of filing fees to be collected. The amount of estimated filing fees shall be reported as a financing source on the General Primary Election Cost Estimate.
sec.81.123. Returning Surplus Funds. Any surplus remaining in a primary fund account after payment of approved expenses shall be remitted to the secretary of state, primary fund account, with the Final Cost Report, <ol> but not later than July 1 following the primary election, unless otherwise provided by the secretary of state.
sec.81.124. Transportation Costs Not Payable. No payment from the primary fund is permitted for transportation or other personal expenses incurred by the county chair or primary fund employees in the performance of their duties.
sec.81.125. Compensation for Election Day Workers. The hourly rate payable to precinct judges, clerks, absentee ballot board members, or persons working at the central counting station for the 1992 general primary and primary runoff elections may not exceed $5.00. A judge or clerk may only be paid for the actual time spent on election duties performed in the polling place or counting station. An election day worker may not receive an hourly compensation for travel time, pick up, or delivery of supplies, or attendance at the precinct convention. Technical support personnel in the central counting station appointed under the Texas Election Code, sec.sec.127.002, 127.003, or 127.004, may receive a compensation of greater than $5.00 per hour.
sec.81.126. Compensation For Delivering Election Records and Supplies. Compensation of the election judge or clerk who delivers and picks up the election records, equipment, and unused supplies may not exceed $15 per physical polling place location for each election.
sec.81.127. Reimbursement For Election Schools Disallowed. <ol> Reimbursement for training of election workers or providing materials published by the secretary of state may not be made from the primary fund. Persons attending election schools may not be compensated from primary funds. Training materials may be ordered free of charge by contacting the secretary of state.
sec.81.128. No Charge For Use of a Public Building as Polling Place. Pursuant to the Texas Election Code, sec.43.033, no charge may be made for the use of a public building on election day if that building is normally open for business on that day. Any charge for the use of a building for a state or county political convention may not be paid with primary funds. Secretary of State Opinion GSB-1 further clarifies this section and is available from the secretary of state.
sec.81.129. No Payment From Primary Funds For Pre-Printed Combination Form of Registered Voters. No payment may be made from the primary fund for a preprinted combination form of registered voters.
sec.81.130. Estimating Voter Turnout. The county chair should use the following formula as a starting point in determining the estimated voter turnout for the 1992 primary elections. Each county chair should determine whether the local political situation suggests a higher turnout, and, if so, his or her estimate should be adjusted to take such factors into account. In presenting such estimate, the chair should present those factors and his or her analysis of those factors, and the secretary of state will evaluate such higher estimates based on the factors and analysis on a case-by-case basis. The formula for estimating turnout for the 1992 primary elections is:
[graphic]
(b) After estimating the voter turnout for each precinct, the county chair should then use the guidelines set forth in sec.sec.81.131-81.134 of this title (relating to Number of Paper or Electronic Voting System Ballots Per Voting Precinct; Number of Election Workers Per Voting Precinct Limited; Flex Scheduling of Precinct Workers; and Number of Voting Machines, Devices, and/or Precinct Ballot Counters Per Voting Precinct) to determine the necessary physical requirements (i.e., ballots, election judges and clerks, voting devices or machines) for each precinct. After estimating the physical requirements for each precinct, the county chair should combine the precinct data to arrive at the total estimated physical requirements of the primary election countywide. This may then be used to estimate the election costs.
sec.81.131. Number of Paper or Electronic Voting System Ballots per Voting Precinct. The minimum number of ballots furnished to each voting precinct for a primary election shall be equal to the estimated voter turnout as determined by the county chair pursuant to sec.81.128 of this title (relating to No Charge For Use of a Public Building as Polling Place). In no event shall the minimum number of ballots be less than the number arrived at by application of the numerical formula. The number of ballots provided may exceed the estimated number of voters determined by the numerical formula, since the number of ballots provided should never be so low as to impede the voting process or to jeopardize the rights of voters. The maximum number of ballots ordered may equal the total number of registered voters of the precinct if such a number may be substantiated.
sec.81.132. Number of Election Workers Per Voting Precinct Limited. The following table must be used to determine the number of election workers allowable for each precinct. The minimum number of clerks in a primary election is two, for a total of three workers, including the presiding judge (Texas Election Code, sec.173.008(c)).
[graphic]
sec.81.133. Flex Scheduling of Precinct Workers. If the number of election clerks allowed in a precinct is greater than two, the presiding judge may utilize one or more of the additional clerk positions to hire more clerks for shorter work periods. For example, instead of hiring one clerk for a 12-hour shift, the judge could hire three clerks for four-hour shifts, beginning at 4 p. m. and ending at 8 p.m. Clerks may be assigned to work for periods ending before any manual count or examination of ballots begins. Therefore, if no counting or examination of ballots has occurred, unnecessary clerks may be excused early, preventing unwarranted personnel expenses.
sec.81.134. Number of Voting Machines, Devices and/or Precinct Ballot Counters Per Voting Precinct.
(a) The following table must be used to determine the number of voting machines, precinct ballot counters, and punch card voting devices allowable for each precinct.
[graphic]
(b) In counties where voting machines are to be used, the county chair should make a special assessment of whether the number of voting machines calculated according to this formula is adequate and make provisions both in his cost estimate and his actual procurement of voting machines accordingly.
sec.81.135. Payment for Use of County Owned Equipment. <ol> The Texas Election Code, sec.123.033, specifies the rental rate a county may charge for the use of county owned election equipment. These rates are set at $16 per lever machine, $5.00 per punch card device, and $5.00 for each unit of tabulating equipment. In addition to these rental charges a county primary fund may be used to pay the actual expenses incurred by the county in transporting the equipment, preparing and programming equipment, testing equipment, and the cost of staffing the central counting station on election night. If the county's mainframe computer system is utilized as the central counting station ballot accumulator, the county may be reimbursed for its actual cost of providing this service. The cost to be reimbursed shall be calculated using the same cost accounting techniques used by the county in charging county departments for use of its data processing services. In the event the county does not have an established chargeback system for such purposes, the reimbursement shall be calculated based on $1.00 per 100 ballots tabulated. Supporting calculations for the amount charged for these services shall be submitted to the secretary of state for review with the final cost report. The primary fund may not be used to pay expenses related to the use of non-county-owned equipment without the written permission of the secretary of state.
sec.81.136. Application of Rules. These rules apply to primary funds managed by the chair of both the state and county executive committees.
sec.81.137. County Chair's Compensation. Pursuant to the Texas Election Code, sec.173.004, county chairs may receive a compensation for administering the primary elections. This compensation may not be less than $300 nor exceed the lesser of $8,000 or 5.0% of the total expenses incurred by the county party for holding the primary election. The county chair's compensation must be reduced by the amount of wages paid to administrative personnel but may not be less than $300. This compensation may not be paid until the county party's final cost report has been approved by the secretary of state. The county chair will be notified of this approval by letter.
sec.81.138. Misuse of State Funds. The misuse or misappropriation of any primary funds will be referred to the proper prosecuting authority for enforcement of applicable civil and/or criminal penalties.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on September 16, 1991.
TRD-9111389
Audrey Selden
Assistant Secretary of State
Office of the Secretary of State
Earliest possible date of adoption: October 21, 1991
For further information, please call: (512) 463-5645
Part VI. Texas Surplus Property Agency
Chapter 143. Plan of Operation
1 TAC sec.143.1
The Texas Surplus Property Agency proposes an amendment to sec.143.1, concerning Texas State Plan of Operation. The amendment changes the procedures for refunding of service charges on donated surplus property (Part IV, Continued) procedure on page 13.
Marvin J. Titzman, executive director, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section.
Mr. Titzman 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 no public benefit anticipated as a result of enforcing the section. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed.
Comments on the proposal may be submitted to Jenny B. Murray, P.O. Box 8120, San Antonio, Texas 78208-0120, (512) 661-2381.
The amendment is proposed under Texas Civil Statutes, Article 6252-6, which provide the Texas Surplus Property Agency with the authority to make rules.
sec.143.1. Texas Plan of Operation. The Texas Surplus Property Agency adopts by reference the rules contained in the October 17, 1977, Texas Plan of Operation, as amended January 1984, as amended August 1985, amended December 1986, as amended September 1987, [and] as amended January 1988<nl>, and as amended September 1991 <ol>. This document serves as a guideline for this agency in the administration of the Donation Program within the State of Texas. The plan outlines to the administrator of the General Services Administration the methods by which this agency will implement the rules and regulations as set forth in the G.S.A. Donation Handbook. Copies of this document are available for public inspection at any Texas Surplus Property Agency office in the state.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on September 12, 1991.
TRD-9111364
Marvin J. Titzman
Executive Director
Texas Surplus Property Agency
Earliest possible date of adoption: October 21, 1991
For further information, please call: (512) 661-2381
TITLE 22. EXAMINING BOARDS
Part VI. Texas State Board of Registration for Professional Engineers
Chapter 131. Practice and Procedure
Education
22 TAC sec.131.92
The Texas State Board of Registration for Professional Engineers proposes an amendment to sec.131.92, concerning foreign degrees.
The amendment clarifies that the type of degree referred to in subsection (a) (2) must be in engineering, and subsection (b) stipulates that individuals must submit with their applications for registration certified copies or documented proof of all engineering degrees awarded and a certified English translation if the documents are written in languages other than English.
Charles E. Nemir, P.E., executive director, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section.
Mr. Nemir 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 a clearer understanding of the documentation required from applicants with foreign engineering degrees when submitting an application for registration as a professional engineer. There will be no effect on small businesses as a result of enforcing the section. There is no anticipated economic cost to persons who are required to comply with the section as proposed.
Comments on the proposal may be submitted to Charles E. Nemir, Executive Director, Texas State Board of Registration for Professional Engineers, P.O. Drawer 18329, Austin, Texas 78760.
The amendment is proposed under Texas Civil Statutes, Article 3271a, sec.8(a), which provide the board with the authority to make and enforce all rules and regulations necessary for the performance of its duties.
sec.131.92. Foreign Degrees.
(a) An individual who has completed his undergraduate engineering education and received the equivalent of a baccalaureate degree <nl>in engineering<ol> from an institution other than one located in the United States and its possessions must apply under the Texas Engineering Practice Act (Act), sec.12(b), except as follows.
(1) (No change.)
(2) Applicants having <nl>engineering<ol> degrees accredited by the ABET counterpart organizations in Australia, Canada, Ireland, New Zealand, and the United Kingdom may apply under the Act, sec.12(a).
(3) (No change.)
(b) <nl>Individuals must submit with their applications complete certified copies or documented proof of all engineering degrees, diplomas, certificates, etc., showing the type of engineering degree awarded (B.S., M.S., Ph.D.), date awarded, branch of engineering, dates attended, and scores, grades, or honors awarded. Documents written in languages other than English shall be accompanied by a certified English translation<ol> [A complete certified transcript or record of foreign education credentials together with a certified English translation must be provided.]
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on September 12, 1991.
TRD-9111303
Fred Herber, P.E.
Deputy Executive Director
Texas State Board of Registration for Professional Engineers
Proposed date of adoption: October 23, 1991
For further information, please call: (512) 440-7723
Registration
22 TAC sec.131.134
The Texas State Board of Registration for Professional Engineers proposes an amendment to sec.131.134, concerning expirations and renewals, as originally adopted on an emergency basis in the September 10, 1991, issue of the Texas Register (16 TexReg 4893).
The section as amended allows the board to consider reduced renewal fees for registered engineers who are at least 65 years of age and to set the penalty fees for late renewals effective for fiscal year 1992.
Charles E. Nemir, P.E., executive director, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section.
Mr. Nemir 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 that the board has the authority to establish reduced renewal fees and late penalty fees effective for fiscal year 1992 in accordance with the provisions of Texas Civil Statutes, Article 3271a, sec.13 and sec.16. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed.
Comments on the proposal may be submitted to Charles E. Nemir, Executive Director, Texas State Board of Registration for Professional Engineers, P.O. Drawer 18329, Austin, Texas 78760.
The amendment is proposed under Texas Civil Statutes, Article 3271a, sec.8(a), which provide the board with the authority to make and enforce all rules and regulations necessary for the performance of its duties.
sec.131.134. Expirations and Renewals. The certificate of registration is a license to practice engineering under the provisions of the Texas Engineering Practice Act, (the Act) and must be renewed by the registrant annually; otherwise, such license shall become invalid until the date the board receives the registrant's renewal and penalty fee. Each registrant shall advise the board in writing of each change of mailing address as it occurs. The board will mail a renewal notice to the last recorded address of each registrant in compliance with the Act, sec.16(a). It is the sole responsibility of the registrant to pay the required renewal fee together with any applicable penalty at the time of payment, regardless of whether the renewal notice is received. Stipulations with reference to expirations and renewals of certificates of registration are set out in the Act, sec.16 and sec.16.1. The following will apply to renewals.
(1)-(2) (No change.)
<nl>(3) The board may consider reduced annual renewal fees for registered engineers who are at least 65 years of age.
<nl>(4)<ol>[(3)] Licenses will expire according to the following schedule.
(A)-(D) (No change.)
<nl>(5)<ol>[(4)] Late renewals will be effected as follows.
(A) A license expired for not more than 90 calendar days may be renewed by payment of the set annual renewal fee, plus a <nl>penalty<ol> fee <nl>set by the board<ol> [equal to one-half of the current application fee for a license] .
(B) A license expired for more than 90 calendar days but less than one year may be renewed by payment of the renewal fee which was due at expiration, plus a <nl>penalty <ol> fee <nl>set by the board<ol> [equal to the current application fee for a license].
(C) A license expired for one year but less than two years may be renewed by payment of the renewal fee which was due at expiration, plus the renewal fee which was set for the first anniversary of that expiration, plus a <nl>penalty <ol> fee <nl>set by the board<ol> [equal to the current application fee for a license].
<nl>(6)<ol>[(5)] A license which has been expired for two years may not be renewed, but the former registrant may apply for a new certificate of registration as provided in the Act and applicable board rules.
<nl>(7)<ol>[(6)] In strict accordance with the provisions of the Texas Education Code, sec.57.491, pertaining to the loan default proceedings of the Texas Guaranteed Student Loan Corporation (TGSLC), if a licensee's name has bee provided by TGSLC as being in default of a loan, the board shall not renew the license of the licensee on the second renewal date following such notification, unless TGSLC certifies that the individual has entered into a repayment agreement with TGSLC, or is not in default on a loan. Such licensee shall be provided an opportunity for a hearing, similar to that provided by sec.131.137 of this title (relating to Disciplinary Actions), before any action concerning the nonrenewal of a license is taken under this paragraph. A defaulted loan shall not bar the board's issuance of an initial license if the applicant is otherwise qualified for licensure; however, the board shall not renew said license unless TGSLC certifies the individual has satisfied the requirements of sec.57.491.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on September 13, 1991.
TRD-9111304
Fred Herber, P.E.
Deputy Executive Director
Texas State Board of Registration for Professional Engineers
Proposed date of adoption: October 23, 1991
For further information, please call: (512) 440-7723
Part XIII. Texas Board of Licensure for Nursing Home Administrators
Chapter 243. Application
22 TAC sec.243.1
The Texas Board of Licensure for Nursing Home Administrators (TBLNHA) proposes an amendment to sec.243.1, concerning application procedures. The amendment clarifies requirements for licensure for applicants who are currently licensed in another state and are requesting partial endorsement. An administrator must be licensed for one year or more as a nursing home administrator and must also be the administrator of record for at least one year.
Curtis D. Adrian, acting executive director, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section.
Mr. Adrian 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 ensuring that administrators have achieved an adequate level of experience and background. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed.
Comments on the proposal may be submitted to Curtis D. Adrian, TBLNHA, 4800 North Lamar Boulevard, Suite 310, Austin, Texas 78756.
The amendment is proposed under Texas Civil Statutes, Article 442d, sec.8 which provide TBLNHA with the authority to make rules and regulations not inconsistent with law as may be necessary or proper for the performance of its duties, and to take such other actions as may be necessary to enable the state to meet the requirements set forth in the Social Security Act, sec.1908 (42 United States Code Annotated, sec.1396g), the federal rules and regulations promulgated thereunder, and other pertinent federal authority; provided, however, that no rule shall be promulgated, altered, or abolished without the approval of a two thirds majority of the board.
sec.243.1. Application Procedures.
(a) (No change.)
(b) (No change.)
(1) (No change.)
<nl>(2) must be licensed for one year or more as a nursing home administrator <nl>and must be the administrator of record for at least one year<ol>;
(3)-(5) (No change.)
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on September 6, 1991.
TRD-9111376
Kim M. Foutz
Administrative Technician III
Texas Board of Licensure for Nursing Home Administrators
Earliest possible date of adoption: October 21, 1991
For further information, please call: (512) 458-1955
Part XXIII. Texas Real Estate Commission
Chapter 535. Provisions of the Real Estate License Act
Licensed Real Estate Inspectors
22 TAC sec.535.205
(Editor's Note: The Texas Real Estate Commission proposes for permanent adoption the new section it adopts on an emergency basis in this issue. The text of the new section is in the Emergency Rules section of this issue.)
The Texas Real Estate Commission proposes new sec.535.205, concerning inspectors licensed under prior law. The new section would implement transitional provisions of Senate Bill 432, 72nd Legislature, 1991, which became effective September 1, 1991.
The Texas Real Estate Commission has licensed real estate inspectors under Texas Civil Statutes, Article 6573b, since 1985. Senate Bill 432 replaced the provisions of Article 6573a under which current inspectors were licensed. In order for current inspectors to be relicensed under the new law, the inspectors must have performed at least 75 inspections within a 12-month period prior to renewing the current license and must also have completed 38 classroom hours of core real estate inspection courses approved by the commission in addition to the 90 hours of courses required under prior law.
The section would clarify the status of an inspector licensed under prior law; the holder of a current real estate inspector license may continue to act as an inspector until the license expires or is suspended or revoked by the commission. The new section permits a currently licensed inspector to apply for a new license immediately or in connection with the renewal of the current license. If the new license is sought in connection with a renewal application, the applicant would be required to pay a renewal fee of $50. In either case, the inspector must satisfy the experience and education requirements of Senate Bill 432 to receive a new license. If the inspector cannot presently meet these requirements, the commission is authorized to issue a transitional license valid for one year. Transitional licenses may not be renewed. The holder of a transitional license may obtain a new license by completing 75 inspections within the 24 months prior to the expiration of the transitional license and satisfying the education requirements.
The new section also adopts by reference an experience verification form to be used by applicants. The form lists inspections performed by the applicant for a new license. If the inspector demonstrates performance of at least 200 inspections over a 15-month period, Senate Bill 432 permits the inspector to sponsor apprentice inspectors or inspectors in training. The new section would limit experience credit for partial inspections of a property. If the inspection is limited to structural items only or to equipment and systems only, the partial inspection would be given half credit by the commission.
Jack Morris, director of programs, has determined that for the first five-year period the section is in effect there will be fiscal implications for state government. Renewal fees to be collected by the state are estimated at $120,000 for 1992 and $70,000 annually for 1993-1997. Costs to the state are indeterminate as the commission expects to administer the section with current employees unless a supplemental appropriation is obtained. There will be no fiscal implications for local government as a result of enforcing or administering the section.
Mr. Morris 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 is compliance with increased experience and education requirements for real estate inspectors. There will be no effect on small businesses. There is an anticipated economic cost to persons who are required to comply with the proposed section. Currently licensed inspectors are required to complete an additional 38 classroom hours of core real estate courses in order to receive a new license; these courses are available at an average cost of $5.00 per credit hour. Inspectors who obtain a new license as part of the renewal of the current license would also be required to pay a renewal fee of $50. There is no anticipated impact on local employment.
Comments on the proposal may be submitted to Jack Morris, Director of Programs, Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188.
The new section is proposed under Texas Civil Statutes, Article 6573a, sec.5(h) , which provide the Texas Real Estate Commission with the authority to make and enforce all rules and regulations necessary for the performance of its duties.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on September 10, 1991.
TRD-9111231
Mark A. Moseley
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: October 21, 1991
For further information, please call: (512) 465-3900
Part XXXI. Texas State Board of Examiners of Dietitians
Chapter 711. Dietitians
22 TAC sec.sec.711.4-711.7, 771.9, 711.11, 711.12
The Texas State Board of Examiners of Dietitians proposes amendments to sec.sec.711.4-711.9, 711.11, and 711.12, concerning dietitians.
The amendments will update the requirements for licensure to comply with the provisions covering the regulation of dietitians in Texas Civil Statutes, Article 4512h. The amendments will: clarify the academic requirements for licensure; clarify the experience requirements for examination; change the hours required for individual experience programs for graduate assistantships; modify the application procedures by not requiring transcripts of persons registered by the Commission on Dietetic Registration; waive the examination requirements for applicants who are registered in active status at the time of application; modify the application procedures by not requiring transcripts of persons registered by the Commission on Dietetic Registration; modify requirements for provisional licensed dietitian upgrades; amend the name change documentation requirements; and add license renewal procedures for active military duty/personnel.
Stephen Seale, Chief Accountant III, Texas Department of Health, 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. Seale 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 assurance that the licensing and regulation of dietitians continues to identify competent practitioners. There will be no effect on small businesses. The additional costs for persons who are required to comply with the sections as proposed are estimated at $3.00 to $10 for transcript costs. There is no probable impact on local employment.
Comments on the proposal may be submitted to Becky Berryhill, Executive Secretary, Texas State Board of Examiners of Dietitians, 1100 West 49th Street, Austin, Texas 78745-3183, (512) 459-2945. Comments will be accepted for 30 days after the proposal has been published in the Texas Register .
The amendments are proposed under Texas Civil Statutes, Article 4512h, sec.6, which provide the Texas State Board of Examiners of Dietitians with the authority to adopt rules to implement the Act.
sec.711.4. Academic Requirements for Licensure.
(a) (No change.)
(b) General.
(1)-(6) (No change.)
(7) Persons applying for licensure must possess a baccalaureate or post-baccalaureate degree <nl>with a major course of study in<ol> [and a minimum of 24 semester hours from the fields of] human nutrition, food and nutrition, dietetics, or food systems management. [Of these 24 semester hours, at least three semester hours must be from each of the following course areas:
[(A) upper-division human nutrition related to disease;
[(B) upper-division food service systems management;
[(C) bio- or physiological chemistry, or advanced normal human nutrition; and
[(D) experimental food science.]
(8) In place of the requirements in paragraph (7) of this subsection, a person may have an equivalent major course of study defined as either:
(A) a baccalaureate or post-baccalaureate degree or course work including a minimum of 30 semester hours specifically designed to train a person to apply and integrate scientific principles of human nutrition under different health, social, cultural, physical, psychological, and economic conditions to the proper nourishment, care, and education of individuals or groups throughout the life cycle. Of these 30 semester hours, a minimum of 18 semester hours must be from human nutrition, food and nutrition, dietetics, or food service systems management. Of these 18 semester hours, at least three semester hours must be from [each] <nl>four <ol> of the <nl>five following<ol> course areas [specified in paragraph (7)(A)-(D) of this subsection; or]:
<nl>(i) <nl> upper-division human nutrition related to disease;
<nl>(ii) <nl> upper-division food service systems management;
<nl>(iii) <nl> bio- or physiological chemistry, or advanced normal human nutrition;
<nl>(iv)<nl> experimental food science; or
<nl>(v) <nl> upper-division nutrition education; or
(B) (No change.)
(9) (No change.)
[(c) Registered dietitians. Applicants who are registered in active status by the commission at the time of making application to the board are deemed to meet the academic requirements.]
sec.711.5. Experience Requirements for Examination.
(a) (No change.)
(b) General. Applicants for examination must have satisfactorily completed a preplanned professional program experience or internship in the profession of dietetics approved by the board or the association.
(1)-(3) (No change.)
(4) Applicants who are registered in active status by the commission at the time of making application <nl>shall submit a photocopy of the registration card issued by the commission<ol> [are deemed to meet the experience requirements]. <nl>The applicant's internship or preplanned professional experience program accepted for registration by the commission shall be acceptable for licensure by the board. No further proof of completion of an internship or pre-planned professional experience shall be required.
(5) (No change.)
(c)-(e) (No change.)
(f) Guidelines specific to graduate assistantship in the field of dietetics.
(1)-(3) (No change.)
(4) The curriculum guidelines are as follows.
(A)-(B) (No change.)
(C) The program shall include a minimum of <nl>400 <ol> [300] clock hours of supervised and directed work experience in teaching or research, as set out in sec.711.9(b)(2) of this title (relating to Provisional Licensed Dietitians) , plus a minimum of 500 clock hours of planned dietetic learning experiences with stated objectives divided to meet one of the following areas of specialization.
(i)-(ii) (No change.)
(5) (No change.)
(g) (No change.)
sec.711.6. Examinations for Dietitian Licensure.
(a)-(h) (No change.)
<nl>(i) Registered dietitians. The board shall waive the examination requirement for applicants who are registered in active status by the commission at the time of making application to the board.
sec.711.7. Application Procedures.
(a)-(c) (No change.)
(d) Required application materials.
(1)-(2) (No change.)
(3) Applicants must submit official transcript(s) of all relevant college work. [Transcripts will be not required of those persons who are registered by the commission.]
(4)-(9) (No change.)
sec.711.9. Provisional Licensed Dietitians.
(a)-(b) (No change.)
(c) Upgrading a provisional license. The purpose of this subsection is to set out the procedure to upgrade from provisional licensed dietitian to licensed dietitian.
(1)-(4) (No change.)
(5) Provisional licensed dietitians who become registered by the commission <nl>shall<ol> [and] submit proof of current registration status with a written request to upgrade [are deemed to meet the experience and examination requirements]. <nl>The provisional licensed dietitian's internship or preplanned professional experience program and examination accepted for registration by the commission shall be acceptable for licensure by the board. No further proof of completion of an internship or pre-planned professional experience program and examination shall be required.
(d) (no change.)
sec.711.11. Changes of Name or Address.
(a)-(c) (No change.)
(d) Before another license certificate and identification card will be issued by the board, notification of name changes must be mailed to the executive secretary and shall include a <nl>duly executed affidavit and a <ol>[notarized] copy of a marriage certificate, court decree evidencing such change, or a Social Security card reflecting the new name. The licensee shall return any previously issued license certificate and identification card and remit the appropriate replacement fee as set out in sec.711.2(t) of this title (relating to Fees).
sec.711.12. License Renewal.
(a)-(e) (No change.)
<nl>(f) Active duty. If a licensee fails to timely renew his or her license on or after August 1, 1990, because the licensee is or was on active duty with the armed forces of the United States of America serving outside the State of Texas, the licensee may renew the license in accordance with this subsection.
<nl>(1) Renewal of the license may be requested by the licensee, the licensee's spouse, or an individual having power of attorney from the licensee. The renewal form shall include a current address and telephone number for the individual requesting the renewal.
<nl>(2) Renewal may be requested before or after expiration of the license.
<nl>(3) A copy of the official orders or other official military documentation showing that the licensee is or was on active duty serving outside the State of Texas shall be filed with the board along with the renewal form.
<nl>(4) A copy of the power of attorney from the licensee shall be filed with the Texas State Board of Examiners of Dietitians board along with the renewal form if the individual having the power of attorney executes any of the documents required in this subsection.
<nl>(5) A licensee renewing under this subsection shall pay the applicable renewal fee, but not the reinstatement fee or any penalty fee.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on September 13, 1991.
TRD-9111383
Gracie Specks, RD/LD
Chairman
Texas State Board of Examiners of Dietitians
Proposed date of adoption: January 17, 1992
For further information, please call: (512) 459-2955
TITLE 25. HEALTH SERVICES
Part I. Texas Department of Health
Chapter 289. Occupational Health and Radiation Control
Asbestos Exposure Abatement in Public Buildings
25 TAC sec.sec.289.141-289. 144, 289.147-289.151, 289.156, 289.157
(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 Health or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Department of Health (department) proposes the repeal of existing sec.sec.289.141-289.144, 289.147-289.151, 289.156, and 289.157, concerning asbestos exposure abatement in public buildings. The sections will be replaced by new sections concerning asbestos exposure abatement in public buildings in Chapter 295 of this title concerning occupational health, which are being proposed for adoption in this issue of the Texas Register.
The existing sections are being proposed for repeal and replacement by new sections in Chapter 295 in order to implement recent amendments in Senate Bill 1341 and House Bill 79, 72nd Legislature, 1991, to Texas Civil Statutes, Article 4477-3a, which is the state law covering asbestos abatement.
Stephen Seale, Chief Accountant III, Budget Office, 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. Seale 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 the replacement of existing rules by new, updated, and more comprehensive rules on asbestos abatement. There will be no effect on small or large businesses, no cost to persons and no impact on local employment as a result of the proposed repeals.
Comments on the proposed repeals may be submitted to Jerry F. Lauderdale, Director, Division of Occupational Health, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756, (512) 459-1611. Comments will be accepted for 30 days after publication of the repeals in the Texas Register.
The repeals are being proposed under Texas Civil Statutes, Article 4477-3a, sec.11, which provide the Board of Health with the authority to adopt rules covering asbestos removal or encapsulation, including licensing and regulation; Senate Bill 1341 and House Bill 79, 72nd Legislature, 1991, which amended Article 4477-3a; and Health and Safety Code, sec.12.001, which provides the board with authority to adopt rules to implement every duty imposed by law on the board, the department, and the commissioner of health.
sec.289.141. General Provisions.
sec.289.142. Definitions.
sec.289.143. Licensure.
sec.289.144. Licensing Standards.
sec.289.147. Abatement Notification, Plans Review, Inspection.
sec.289.148. Reprimand, Suspension, and Revocations.
sec.289.149. Registration of Employees as Asbestos Workers.
sec.289.150. Training Courses for Licensure and for Registration.
sec.289.151. Work Practices for Asbestos-Related Activities.
sec.289.156. Asbestos Waste Disposal.
sec.298.157. Processing of Licenses and Certificates for Asbestos Contractors, Abatement Supervisors, and Abatement Workers.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on September 12, 1991.
TRD-9111261
Robert A. MacLean, M.D.
Deputy Commissioner
Texas Department of Health
Proposed date of adoption: December 7, 1991
For further information, please call: (512) 459-1611
Chapter 295. <nl>Occupational<ol> [Environmental] Health
Asbestos Exposure Abatement in Public Buildings
25 TAC sec.sec.295.21, 295.31-295.48, 295.50-295.53, 295.55, 295.56, 295.58-295.60, 295.62, 295.66-295.68
The Texas Department of Health proposes an amendment to s295.21, and new sec.sec.295.31-295.48, 295.50-295.53, 295.55, 295.56, 295. 58-295.60, 295.62, and 295.66-295.68, concerning asbestos exposure abatement in public buildings. The new sections will replace existing rules concerning asbestos exposure abatement in public buildings in Chapter 289 of this title which are being proposed for repeal in this issue of the Texas Register.
The proposed amendment and new sections will implement the provisions in Senate Bill 1341 and House Bill 79, 72nd Legislature, 1991, which amended Texas Civil Statutes, Article 4477-3a, concerning asbestos exposure abatement. Section 295.21 concerns fees for asbestos services and the amendment will delete the department's authority to receive samples and to charge a fee for analysis of the samples. The major changes in the new sections are as follows. New categories of licenses will be added, including building inspectors, management planners, consultants, project managers, air monitoring technicians, laboratorians, transporters, and trainers. Fees will be assessed to cover the expenses of operating the licensing and enforcement activities. A limited exemption from licensing will be provided for persons removing resilient floor covering materials containing asbestos. Provisions for inspections, investigations, and administrative penalties have been added. Numerous other changes will be made for updating and clarifying the rules that are being replaced.
Stephen Seale, Chief Accountant III, Budget Office, 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. The state will receive an increase in fee revenue of approximately $200,000 for each year which will be offset by an expected cost to the state of approximately $200,000 each year. Local governmental agencies which perform asbestos inspections or management plan development with their own staff will receive fees, but they will be offset by a decrease in fees for supervisors and restricted activity building management that are now being charged under the sections being proposed for repeal.
Mr. Seale 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 a reduction in exposure to asbestos fibers for asbestos project workers and for other persons in public buildings. The resultant reduction in exposure will prevent development of asbestos related illnesses, including asbestos lung cancer, and mesothelioma. The anticipated increase in cost to businesses will be about $30 per employee for small businesses and about $3.00 per employee for large businesses. The anitcipated economic cost to persons who are required to comply with the sections as proposed will be the fees listed in the new sections. There will be no impact on local employment.
Comments on the proposed sections may be made to Jerry F. Lauderdale, Director, Division of Occupational Health, 1100 West 49th Street, Austin, Texas 78756 (512) 459-1611. Comments on the sections will be accepted through October 31, 1991. In addition, the department will conduct three public hearings on the proposal as follows. The first hearing will be on Friday, October 11, 1991, beginning at 9 a.m., Auditorium, Texas Department of Health, 1100 West 49th Street, Austin. The second hearing will be on Friday, October 18, 1991, beginning at 9 a.m., Bear Creek Pavilion (Bear Creek Park), Addicks Road (Texas 6) three miles North of I.H. 10 West, Houston. The third hearing will be on Tuesday, October 22, beginning at 9 a.m., University of Texas at Arlington (Cooper Street), Engineering Two Building, Room 100, Arlington.
The new sections are being proposed under Texas Civil Statutes, Article 4477-3a, sec.11, which provides the Board of Health with the authority to adopt rules covering asbestos removal or encapsulation, including licensing and regulation; Senate Bill 1341 and House Bill 79, 72nd Legislature, 1991, which amended Article 4477-3a; and Health and Safety Code, sec.12.001 which provides the board with authority to adopt rules to implement every duty imposed by law on the board, the department and the Commissioner of Health.
sec.295.21. Fees for Asbestos Services.
(a) General provisions.
(1) (No change.)
(2) Scope. This section covers fees for the [analysis of materials and airborne samples for the presence or concentration of asbestos, and the] review and approval of asbestos management plans, as submitted.
(3) Statutory authority. The Texas Board of Health <nl>(board)<ol> is granted authority under <nl>the Health and Safety Code, sec.12.031 and sec.12. 032 <ol> [Texas Civil Statutes, Article 4414c, sec.2,] to charge fees to persons who receive public health services from the <nl>Texas Department of Health<ol> (department), which includes environmental and consumer health services.
(4) (No change.)
(5) Review. The <nl>board<ol> [Board of Health] shall review and approve all changes of the amounts of fees assessed, or any additions to fees for the services set forth in this section.
(b) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.
(1)-(3) (No change.)
[(4) Phase-contrast microscopy-A method of analysis of airborne particulate matter to determine the concentration of fibers, expressed as the number of fibers per cubic centimeter of air.
[(5) Polarized-light microscopy-A method of detecting the presence of asbestos fibers in materials, employing dispersion staining, by noting fiber color change upon rotation of the polarization filters.
[(c) Fees for asbestos analysis.
<nl>[(1) The department may charge a reasonable fee for analyzing bulk samples of materials to determine possible asbestos content, or the concentration of asbestos fibers in airborne samples. The fee for analysis of bulk samples by polarized-light-microscopy for the presence of asbestos shall be $12 per sample. The fee for fiber-count analysis of samples of airborne particulates by phase-contrast microscopy shall be $16 per sample.
[(2) The department may accept samples for analysis from all agencies of state or local governments, physicians, federal agencies, public or private schools, institutions of higher learning, churches or synagogues, and registered nonprofit organizations. The department shall not accept requests for such services from commercial or industrial establishments, or from individuals.
[(3) The department may refuse to accept samples submitted for analysis that are not correctly prepared, packaged, or identified according to department requirements. The department shall refuse to accept samples submitted without proper provisions for payment. The department is not required to accept samples in lots of excessive size. The department may assign priorities at its discretion to samples submitted under the provisions of this section.
[(4) Collected fees for analysis services shall be apportioned equally between the subdivisions of the department which perform the analytical and the administrative procedures for asbestos samples.
[(5) The department may, at its discretion, waive fees for samples submitted for analysis as a result of investigations initiated by the department, the Texas Air Control Board, and local health departments.]
<nl>(c)<ol>[(d)] Fees for plans review.
(1) The department may collect a reasonable fee for the review and approval of plans affecting the control and abatement of asbestos or asbestos- containing materials. The fee determined for the review process for each asbestos plan, or partial plan, submitted under the provisions of this subsection shall be the greater of $75 or 1/10 of a cent ($0.001) per square foot of the total building area under review.
(2) Parts of an entire asbestos plan may be submitted separately for facilities in separate locations. Each partial submission shall be subject to the fees set forth in paragraph (1) of the subsection.
(3) The department may refuse or return asbestos plans that are found to be incomplete or not correctly prepared. The department may, at its election, hold documents pending notification to the sender of the required corrections or completions by mail. If the department has not received the required corrections or completions, or any necessary explanation, within 30 days of the date of mailing the letter of requirements to the sender, the department may return or discard the plans or specifications.
(4) The review process shall be completed within 90 days of the date of acceptance by the department of an asbestos plan in an essentially complete and correct form.
(5) The department shall refuse to accept or review plans submitted without proper provisions for payment. Fees for plans accepted by the department for the review process are not refundable.
sec.295.31. General Provisions.
(a) Problem. In more than 25 years of research into the relationship between airborne asbestos fibers and the diseases such exposure can cause, the bodily mechanism by which inhaled asbestos fibers initiate cancer or asbestosis is still not understood, no effective treatment has been found, and the only means of preventing asbestos disease depends entirely on limiting the exposure of the individual to asbestos fibers.
(b) Purpose. The purpose of these sections is to establish the means of control and minimization of public exposure to airborne asbestos fibers, a known carcinogen and dangerous health hazard, by regulating asbestos disturbance activities in public buildings.
(c) Scope. These sections apply to all buildings which are subject to public occupancy or to which the general public has access, and to all individuals or organizations engaged in removing asbestos from or encapsulating asbestos in a public building for any purpose, including repair, renovation, dismantling, demolition, installations or maintenance operations, or any other activity that may involve the disturbance or removal of asbestos-containing materials. Also included are the qualifications for accreditation of these individuals and organizations, and for compliance with these sections and all applicable standards of the United States Environmental Protection Agency and the United States Occupational Safety and Health Administration.
(d) Exclusions. Industrial or manufacturing facilities, or those buildings to which all access is strictly and entirely controlled or prohibited because of processes or functions dangerous to human health and safety are excluded from coverage of these sections. Private residences, federal buildings and military installations, and apartment buildings with no more than four dwelling units are excluded from these sections.
(e) Severability. Should any section in these sections be found to be void for any reason, such finding shall not affect all other sections.
(f) Implementation. As of February 29, 1992, the Texas Department of Health shall formally enforce the licensing requirements for asbestos inspector-surveyors; management planners; asbestos consultants; air monitoring technicians; asbestos laboratories; asbestos transporters; asbestos project managers; and asbestos training providers. All worker registration certificates shall retain validity until February 29, 1992, or 12 months from date of issue, whichever is later.
sec.295.32. Definitions. The following words and terms, when in used in these sections, shall have the following meanings, unless the context clearly indicates otherwise.
Act-The Texas Asbestos Health Protection Act, Texas Civil Statutes, Article 4477-3a.
Air monitoring -The collection of airborne samples for analysis of asbestos fibers.
AIHA-The American Industrial Hygiene Association
Asbestos-The asbestiform varieties of chrysotile, amosite, crocidolite, tremolite, anthophyllite, and actinolite and all materials containing 1.0% or more of any of those substances.
Asbestos abatement -The removal, the encapsulation, or the enclosure of asbestos for the purpose of or that has the effect of reducing or eliminating concentrations of asbestos fibers or amounts of asbestos-containing materials.
Asbestos abatement contractor-A person who undertakes to perform asbestos removal enclosure or encapsulation for others under contract or other agreement.
Asbestos-containing material (ACM) -Materials or products that contain more than 1.0% of any kind or combination of mineral asbestos, as determined by EPA recommended methods.
Asbestos exposure -Airborne asbestos fibers as resulting from disturbance or deterioration of asbestos or asbestos-containing materials.
Asbestos Hazard Emergency Response Act of 1986 (AHERA), Public Law 95-519-The Act which amends the Federal Toxic Substances Control Act, 15 United States Code, sec.2641, et seq, by requiring the inspection of all school buildings (Grades K-12); requiring all school administrations to develop plans for controlling asbestos in or removing asbestos from school buildings; and by providing penalties for noncompliance.
Asbestos project supervisor-An individual who is in the direct and responsible charge of the personnel, practices, and procedures of an asbestos abatement operation or activity. The United States Occupational Safety and Health Administration (OSHA) competent person must be a licensed asbestos project supervisor.
Asbestos-related activity -The removal, encapsulation, or enclosure of asbestos, the performance of asbestos surveys, the development of management plans or response actions, the collection or analysis of asbestos samples, or any other activity required to be licensed under the Texas Asbestos Health Protection Act.
Asbestos removal -Any action that disturbs, dislodges, strips, or otherwise takes away asbestos-containing material.
Board-The Texas Board of Health.
Building owner or agent-The responsible manager of any public building.
CIH-A certified industrial hygienist.
CFR-The Code of Federal Regulations.
Commissioner-The Texas commissioner of health.
Competent person -The individual designated as the competent person in the United States Occupational and Health Administration regulations in 29 CFR, sec.1926.58.
Department-The Texas Department of Health (TDH).
Encapsulation-A method of control of asbestos fibers in which the surface of an asbestos-containing material is penetrated by or covered with a coating prepared for that purpose.
EPA-The United States Environmental Protection Agency.
Friable material -Materials that when dry can be crumbled, pulverized, or reduces to powder by hand pressure.
HEPA-A high-efficiency particulate air, filter, which is a filter capable of removing 99.97% of airborne particles 0.3 micron or larger in diameter.
HVAC-Heating, ventilation, and air conditioning systems.
Independent third-party monitoring-A person retained to collect area air samples to be analyzed by a licensed laboratory for the owner of the building or facility being abated. The person must not be employed by the contractor to analyze any area samples collected during the abatement projects.
Licensee-A person who meets all qualifications and has been issued a license by the department under these sections.
Management plan -A written plan describing appropriate actions to manage ACM in public buildings.
Model accreditation plan-An EPA plan which provides standards for initial training, examinations, refresher training courses, applicant qualifications, decertification, and reciprocity, as described in 40 CFR, Part 763, Subpart E, Appendix C.
NESHAP-An EPA national emissions standards for hazardous air pollutants, as described in 40 CFR, Part 61, as amended.
NIOSH-The National Institute of Occupational Safety and Health.
NVLAP-The National Voluntary Laboratory Accreditation Program.
OSHA-The Occupational Safety and Health Administration of the United States Department of Labor.
P.E.-A registered professional engineer.
PAT-Proficiency analytical testing.
Person-A person is:
(A) an individual;
(B) an organization such as a corporation, partnership, sole proprietorship, governmental subdivision, or agency; or
(C) any other legal entity recognized by law as the subject of rights and duties.
Public building -A building used or to be used for purposes that provide for public access or occupancy. The term includes any building during a period of vacancy, including during preparations prior to actual demolition. The term does not include:
(A) an industrial facility to which access is limited principally to employees of the facility because of processes or functions that are hazardous to human safety or health;
(B) a federal building or installation;
(C) a private residence;
(D) an apartment building with no more than four dwelling units; or
(E) a manufacturing facility or building that is limited to workers and invited guests under controlled conditions.
Regulated area -The isolated work area in which asbestos abatement activity takes place, and in which the possibility of exceeding the permissible exposure limits (PEL) for concentrations of airborne asbestos may exist.
TEM-Transmission electron microscopy.
sec.295.33. Licensing: Asbestos Abatement Contractor.
(a) Licensing requirement. Persons must be licensed as asbestos abatement contractors in compliance with these sections to engage in asbestos abatement in a public building. Licenses are valid for a period of one year and shall be renewable. No license may be sold, assigned, or otherwise transferred.
(b) Fee. The fee for an initial application or for an annual renewal of the license for an asbestos abatement contractor shall be $500. Such fees are nonrefundable and shall be retained by the department if applicant fails to complete all information required by the department within 90 days of any notice of deficiency sent by the department to the applicant.
(c) Applications and renewals. Subject to the provisions of sec.295.46 of this title (relating to Licensing and Registration Applications and Renewals), both initial applications and renewals shall be submitted on forms prescribed by the department, together with all required qualification documentation, and a check or money order for the required fee. Only applications that are complete will be eligible for acceptance by the department. The department shall issue a notice of deficiency for applications that are found to be incomplete.
(d) Qualifications. Applicants for licensing as asbestos abatement contractors shall submit:
(1) a certificate of training from a training provider approved by or acceptable to the department, indicating successful completion of an approved 32-hour course for asbestos abatement contractors and project supervisors within the past 12 months, or the current annual refresher training course, according to the eligibility for such courses set forth in sec.295.58 this title (relating to Operations: Required Asbestos Training). An applicant organization shall designate a corporate officer, general partner, or proprietor, according to the kind of organization, for the purpose of complying with this training requirement;
(2) a certificate of good standing, issued by the State Comptroller's Office, stating that all franchise taxes due from the applicant have been paid. Out-of-state applicants shall comply with sec.295.44 of this title (relating to Licensing: Asbestos Project Manager);
(3) a State of Texas sales tax account number for the applicant organization;
(4) a notarized copy of a current certificate of insurance, written by a provider eligible to do business in Texas, which includes asbestos abatement liability coverage; and
(5) a written respirator protection plan to be maintained and adhered to during periods of abatement activity.
(e) Responsibilities. The asbestos abatement contractor shall be responsible for:
(1) licensing standards of operation, as described in sec.295.50 of this title (relating to Licensing Standards);
(2) standards of operation, including EPA and OSHA regulations, referenced in sec.295.51 of this title (relating to Operations: Adoption of Standards);
(3) additional work practices, as described in sec.295.52 of this title (relating to Operations: Work Practices for Asbestos Abatement);
(4) recordkeeping requirements, at both central office and work site locations, as found in sec.295.53 of this title (relating to Operations: Recordkeeping);
(5) required notification to the department about impending abatement projects, changes requiring re-notification, and emergency notifications, as described in sec.295. 55 of this title (relating to Operations: Notification Requirements);
(6) the requirement to supply and train employees who perform asbestos-related activities in the use of personal protection equipment, and to supervise their compliance, as described in sec.295.56 of this title (relating to Operations: Personal Protection);
(7) maintenance of the current training status of each employee, as described in sec.295.58, and the annual physical examinations;
(8) standards and practices for operations and maintenance activities, as conducted for hire by a contractor, as described in sec.295.60 of this title (relating to Operations: Operations and Maintenance (O&M) Activities);
(9) responses to department personnel in the discharge of their official duties to conduct inspections and investigations, as described in sec.295.62 of this title (relating to Licensing Operations: Inspections and Investigations);
(10) maintenance of liability insurance, as described in the Texas Absetos Health Protection Act; and
(11) maintenance of workers' compensation insurance issued by a company licensed to do business in this state, and written in this state on a form prepared by the State Insurance Board, if required by contract specifications or a building owner.
(f) Prohibition. A person licensed under this section and other applicable sections in this undesignated head who is engaged under a hire agreement to perform asbestos inspections, write asbestos management plans, or design contractual plans and specifications for an asbestos abatement project in a public building, is prohibited from performing that abatement project as an asbestos abatement contractor.
sec.295.34. Licensing: Asbestos Abatement Project Supervisor.
(a) Licensing requirement. An individual must be licensed as an asbestos abatement project supervisor in compliance with these sections to engage in the supervision of an asbestos abatement project conducted in a public building. Such licenses are valid for a period of one year from the effective date and shall be renewable.
(b) Fee. The fee for an initial application or for an annual renewal of the license for an asbestos abatement project supervisor shall be $300. Fees are nonrefundable except as set forth in sec.295.46 of this title (relating to Licensing and Registration: Applications and Renewals);
(c) Applications and renewals. Subject to the provisions of sec.295.46, both initial applications and renewals shall be submitted on forms prescribed by the Texas Department of Health (department) together with all required documentation and a check or money order for the required fee. Only applications which are complete shall be eligible for acceptance by the department. The department shall issue a notice of deficiency for applications that are found to be incomplete.
(d) Qualifications: work experience. Applicants for licensing as asbestos abatement project supervisors are required to submit documentation of prior work experience with their application forms, as follows.
(1) Verifiable written documentation must be submitted:
(A) of at least five abatement projects (minimums: 160 square feet of surface area or 260 linear feet of piping for each project); or
(B) at least 35 days of qualifiable work experience as a trained and registered worker or foreman performed over a period of not less than 12 months and within the past 24 months to qualify for an asbestos abatement project supervisor license.
(2) The burden of proof for all points of the qualifying experience is on the individual applicant. Applicants for abatement project supervisor licenses must furnish contacts or sources that can fully verify the documented experience. Descriptions of abatement projects are not acceptable if the personal involvement of the applicant cannot be determined by the reviewer. If, in the opinion of the reviewing staff members, applicant experience cannot be properly and sufficiently verified, such experience must be rejected.
(3) Qualifiable experience includes project site preparation and establishing the abatement enclosure as follows:
(A) construction of containment barriers;
(B) use of respirators and protective equipment, personal hygiene, and decontamination procedures;
(C) use of engineering controls, abatement work methods and practices, and final cleanup procedures; and
(D) handling of waste asbestos.
(4) Work performed in an administrative capacity relating to asbestos abatement projects such as project manager or advisor, or consultant, cannot be accepted as qualifying experience.
(5) Work performed as an asbestos project supervisor or worker licensed in another state can qualify as experience.
(6) Experience as an asbestos air monitoring technician, which includes personal air sampling, regulated-area airborne asbestos sampling, aggressive sampling for final cleanup, plus on-site project recordkeeping documenting daily operations, controlling entry and exit from this enclosure, etc., may be employed as qualifying experience, subject to time-period limitations, minimum number of abatement projects (five), or work experience.
(e) Other qualifications. Applicants for licensing or renewal as asbestos abatement project supervisors shall also submit with their applications:
(1) a certificate of training indicating successful completion of an approved 32-hour course for abatement contractors and project supervisors within the past 12 months, or the current annual refresher training course, according to the eligibility for such courses which are described in sec.295.58 of this title (relating to Operations: Required Asbestos Training), and which are conducted by a training provider approved by or acceptable to the department.
(2) an acceptable written opinion of a physical examination of the applicant within the past 12 months that was performed by a physician in accordance with OSHA regulations in 29 Code of Federal Reguations (CFR), sec.1926.58(m) or EPA regulations in 40 CFR, Part 763, Subpart G(m), relating to medical surveillance; and
(3) a certificate attesting to the proper selection and fit testing of the applicant's respirator within the past 12 months according to the mandatory procedures in 40 CFR, sec.763.121, Appendix C.
(f) Possession of license. An abatement project supervisor possessing a valid license on the effective date of these rules may continue to renew that license annually without demonstrating proof of high school graduation, as required in sec.295.46 and sec.295.47 of this title (relating to Licensing and Registration: Conditions and Exemptions).
(g) Responsibilities. The asbestos abatement project supervisor shall:
(1) comply with licensing standards of operation, as described in sec.295.50 of this title (relating to Licensing Standards);
(2) comply with standards of operation, including EPA and OSHA regulations, which have been adopted by reference in sec.295.51 of this title (relating to Operations: Adoption of Standards);
(3) comply with additional work practices, as described in sec.295.52 of this title (relating to Operations: Work Practices for Asbestos Abatement);
(4) maintain records at both the central office and the work site locations, as described in sec.295.53 of this title (relating to Operations: Recordkeeping);
(5) supply personal protection equipment and train employees who perform asbestos-related activities in the use of equipment, and to supervise their compliance, as described in sec.295.56 of this title (relating to Operations: Personal Protection);
(6) standards and practices for operations and maintenance activities, as conducted for hire, according to sec.295.60 of this title (relating to Operations: Operations and Maintenance (O&M) Activities); and
(7) cooperate with department personnel in the discharge of their official duties to conduct inspections and investigations, as described in sec.295.62 of this title (relating to Licensing Operations: Inspection and Investigations).
(h) Other duties. Abatement project supervisors may also assume the duties of asbestos abatement workers or crew leaders, or perform operations and maintenance activities affecting asbestos materials.
(i) Competent person. The individual designated as the competent person in OSHA regulations in 29 CFR, sec.1926.58, shall be a licensed asbestos abatement project supervisor.
sec.295.35. Registration: Asbestos Abatement Workers.
(a) Registration requirement. Persons must be registered as asbestos abatement workers in compliance with these sections to perform asbestos abatement work in a public building, including transporting, loading, or unloading asbestos, and perform any maintenance, repair, installation, renovation, or cleaning that dislodges, breaks, cuts, abrades, or impinges on asbestos material. Registrations are valid for a period of one year from the effective date and are renewable. Asbestos abatement project supervisors or asbestos operations and maintenance activity supervisors (restricted) may check for return perform abatement projects as workers or as foremen.
(b) Fee. The fee for an initial application for an annual renewal of registration of an asbestos abatement worker shall be $30. Such fees are nonrefundable and shall be retained by the department if applicant fails to complete all information required by the department within 60 days of any initial notice of deficiency sent by the department to the applicant.
(c) Applications and renewals. Subject to the provisions of sec.295.46 of this title (relating to Licensing and Registration: Applications and Renewals), both initial applications and renewals shall be submitted on forms prescribed by the department together with all required documentation and a check or money order for the required fee. Only applications that are complete are eligible for acceptance by the department. The department shall issue a notice of deficiency for applications that are found to be incomplete.
(d) Qualifications. Applicants for registration as asbestos abatement workers shall submit evidence of qualifications with their applications; which shall include:
(1) a certificate of training indicating successful completion of an approved 24-hour course for abatement workers within the past 12 months, or the current annual refresher training course, from a training provider approved by or acceptable to the department and according to the eligibility for such courses as described in sec.295.58 of this title (relating to Operations: Required Asbestos Training). Successful completion of the contractor/supervisor course may be substituted for the initial worker course;
(2) an acceptable written opinion of a physical examination of the applicant within the past 12 months that was performed by a physician in accordance with Occupational Safety and Health Administration (OSHA) regulations in 29 Code of Federal Regulations (CFR), sec.1926.58(m), or Environmental Protection Agency (EPA) regulations in 40 CFR, Part 763, Subpart G(m), relating to medical surveillance; and
(3) a certificate attesting to the proper selection and fit testing of the applicant's respirator within the past 12 months according to the mandatory procedures in 40 CFR, sec.763.121, Appendix C.
(e) Responsibilities and duties. A registered asbestos abatement worker shall comply with:
(1) licensing standards of operation, as described in sec.295.50 of this title (relating to Licensing Standards);
(2) standards of operation, including EPA and OSHA regulations, adopted by reference, in sec.295.51 of this title (relating to Operations: Adoption of Standards);
(3) additional work practices, as described in sec.295.52 of this title (relating to Operations: Work Practices for Asbestos Abatement);
(4) standards and practices for operations and maintenance activities, as described in to sec.295.60 of this title (relating to Operations: Operations and Maintenance (O&M) Activities); and
(5) compliance responses to department personnel in the discharge of their official duties to conduct inspections and investigations, as described in sec.295.62 of this title (relating to Licensing Operations: Inspections and Investigations).
(f) Prohibitions. The following specific prohibitions apply to registered asbestos abatement workers.
(1) Asbestos abatement workers are prohibited from performing asbestos abatement or operations and maintenance activities affecting asbestos except under the direct supervision of a qualified licensed supervisor.
(2) Asbestos abatement workers are prohibited from engaging in any asbestos-related activity as a supervisor or contractor.
sec.295.36. Licensing: Asbestos Building Management (Restricted).
(a) Licensing requirement. Owners of public buildings or their agents to whom management responsibilities have been delegated shall be licensed in order to engage in operations and maintenance activities affecting asbestos in any building under their ownership. Asbestos building management (restricted) licenses are valid for a period of one year, and shall be renewable as prescribed in these sections. All licenses issued under these sections are subject to amendment or modification by rules or orders of the board or department. No license may be sold, assigned, or otherwise transferred.
(b) Fee. The fee for an initial application or annual renewal shall be $120. Fees are nonrefundable except as provided in sec.295.46 of this title (relating to Licensing and Registration: Applications and Renewals).
(c) Applications and renewals. Subject to the provisions of sec.295.46, both initial applications and renewals shall be submitted on forms prescribed by the department together with all required qualification documentation and a check or money order for the required fee. Only applications that are complete can be eligible for acceptance by the department. The department shall issue a notice of deficiency for applications that are found to be incomplete.
(d) Responsibilities. Building owners or their management agents who obtain an asbestos building management license shall be responsible for:
(1) complying with licensing standards of operation, as described in sec.295.50 of this title (relating to Licensing Standards);
(2) complying with federal standards of operation, including EPA and OSHA regulations which are adopted by reference, as follows:
(A) OSHA regulations in 29 Code of Federal Regulations (CFR), sec.1926.58, Appendix G, titled "Work Practices and Engineering Controls for Small-Scale, Short-Duration Asbestos Renovation and Maintenance Activities;" and
(B) EPA regulations in 40 CFR, Part 763, Subpart E, Appendix B, titled "Work Practices and Engineering Controls for Small-Scale, Short-Duration Operations, Maintenance and Repair (O&M) Activities Involving ACM;"
(3) complying with guidance and reference in the EPA manual titled "A Building Owner's Guide to Operations and Maintenance Programs for Asbestos-Containing Materials," 20T-2003, issued July 1990;
(4) employment of at least one licensed operations and maintenance supervisor (restricted) to supervise or perform operations or maintenance activities. An individual licensed as an asbestos project supervisor may be substituted for the operations and maintenance (O&M) supervisor. Employees who are registered asbestos abatement workers shall perform O&M activity only under the direct supervision of either category of supervisors named in this section;
(5) complying with recordkeeping requirements, at both the central office and work site locations, as described in s295.53 of this title (relating to Operations: Recordkeeping);
(6) complying with the requirement to notify the department about impending abatement projects, changes requiring re-notification, and emergency notifications, as described in sec.295. 55 of this title (relating to Operations: Notification Requirements);
(7) complying with the requirement to supply and train employees who perform asbestos-related activities in the use of personal protection equipment, and to supervise their compliance, as described in sec.295.56 of this title (relating to Operations: Personal Protection);
(8) maintaining the current training status of each employee, according to sec.295.58 of this title (relating to Operations: Required Asbestos Training);
(9) compliance responses to department personnel in the discharge of their official duties to conduct inspections and investigations, as described in sec.295.62 of this title (relating to Licensing Operations: Inspection and Investigations); and
(10) providing for the proper storage and disposal of waste asbestos.
(e) Prohibitions.
(1) Persons obtaining an asbestos building management license are prohibited from engaging in any asbestos-related activity, including operations and maintenance activities, under a contract or other hire agreement.
(2) Asbestos building management licensees shall not engage in any activity for which the primary purpose is asbestos abatement.
sec.295.37. Licensing: Asbestos Operations and Maintenance Supervisor (Restricted).
(a) Licensing. Individuals who directly supervise personnel and work practices in the conduct of operations and maintenance activities affecting asbestos-containing materials (ACM) shall be licensed as asbestos operations and maintenance supervisors (restricted). Such licenses are valid for a period of one year, and shall be renewable. All licenses issued under these sections are subject to amendment or modification by rules or orders to the board or department. No license may be sold, assigned, or otherwise transferred.
(b) Fee. The fee for an initial application or annual renewal shall be $90.00. The fee is nonrefundable except as provided in sec.295. 46 of this title (relating to Licensing and Registration: Applications and Renewals).
(c) Applications and renewals. Subject to the provisions of sec.295.46 both initial applications and renewals shall be submitted on forms prescribed by the Texas Department of Health (department) together with all required qualification documentation and a check or money order for the required fee. Only applications that are complete can be eligible for acceptance by the department. The department shall issue a notice of deficiency for applications that are found to be incomplete.
(d) Restrictions and prohibitions. Licensing as an asbestos operations and maintenance supervisor is specifically restricted, as follows.
(1) A licensee may be employed only by a licensed building owner or his management agent, or by a licensed asbestos abatement contractor, to supervise operations or maintenance activities within public buildings, or to perform them.
(2) A licensee may not seek employment as an asbestos abatement worker.
(3) A licensee is prohibited from engaging in any other asbestos-related activity for which a license is required.
(4) A licensee is prohibited from engaging in the supervision of asbestos abatement projects.
(e) Qualifications. The applicant for an operations and maintenance license shall submit the following:
(1) a certificate of training indicating successful completion of an approved 32-hour course for abatement contractors and project supervisors within the past 12 months, or the current annual refresher training course from a training provider approved by or acceptable to the department, according to the eligibility for such courses set forth in sec.295.58 of this title (relating to Operations: Required Asbestos Training);
(2) an acceptable written opinion of a physical examination of the applicant within the past 12 months that was performed by a physician in accordance with OSHA regulations in 29 Code of Federal Regulations (CFR), sec.1926.58(m) or EPA regulations in 40 CFR, Part 763, Subpart G(m), concerning medical surveillance; and
(3) a certificate attesting to the proper selection and fit testing of the applicant's respirator within the past 12 months according to the mandatory procedures in 40 CFR, sec.763.121, Appendix C.
(f) Possession of licence. Operation and maintenance an asbestos supervisor (restricted) possessing a valid license on the effective date of these rules may continue to renew that license annually without demonstrating proof of high school graduation, as required in sec.295.46 and sec.295.47 of this title (relating to Licensing and Registration: Conditions and Exemptions).
(g) Responsibilities. The asbestos operations and maintenance supervisor (restricted) shall:
(1) comply with the licensing standards of operation, as described in sec.295.50 of this title (relating to Licensing Standards);
(2) comply with the EPA and OSHA regulations for standards of small- scale, short-duration work practices which are adopted by reference in sec.295.51 of this title (relating to Operations: Adoption of Standards);
(3) comply with the additional work practices, as described in sec.295.52 of this title (relating to Operations: Work Practices for Asbestos Abatement);
(4) maintain records at both the central office and work site locations, as described in sec.295.53 of this title (relating to Operations: Recordkeeping);
(5) supply personal protection equipment and train employees who perform asbestos-related activities in the use of equipment, and supervise their compliance, as described in sec.295.56 of this title (relating to Operations: Personal Protection);
(6) comply with standards and practices for operations and maintenance according to sec.295.60 of this title (relating to Operations: Operations and Maintenance (O&M) Activities); and
(7) cooperate with department personnel in the discharge of their official duties to conduct inspections and investigations, as described in sec.295.62 of this title (relating to Licensing Operations: Inspections and Investigations).
sec.295.38. Licensing: Asbestos Inspector-Surveyor.
(a) Licensing. An individual may not perform building surveys, including the collection of bulk samples of suspected asbestos containing materials, determine the location and condition of asbestos in a public building, and document survey results unless the individual is licensed under these sections.
(b) Qualification. To qualify for a license, an applicant must demonstrate in a manner acceptable to the department that he/she meets the following.
(1) The applicant must have completed the training requirements of sec.295.58 of this title (relating to Operations: Required Asbestos Training) applicable to inspectors.
(2) All individuals must furnish evidence of a physical examination within the past one-year period that was conducted by a physician in accordance with OSHA regulations in 29 Code of Federal Regulations (CFR), sec.1926.58(m) or EPA regulations in 40 CFR, sec.763.121, relating to medical surveillance. This evidence shall be a statement made by the physician in the form required by the department.
(3) All individuals, when doing work for hire, must provide a notarized copy of a certificate of insurance demonstrating professional liability insurance coverage for errors and omissions.
(c) Fee. The licensing fee for an asbestos inspector-surveyor is $120. No portion of this fee shall be refunded if the license is suspended, revoked, or if the licensee otherwise discontinues licensed activities.
(d) Annual renewal. The license must be renewed annually. The fee for renewal is $120. Renewal will be made by application on a form, provided by the department 30 days before the expiration of the current license.
(e) Annual update course of instruction. All individuals subject to license renewal shall complete an annual update course of instruction for inspectors so as to fulfill the training requirements for licensing renewal.
(f) Application requirements. All applications/replacements shall be submitted on the prescribed department form(s) and accompanied by a check or money order for the required fee. Failure to complete the information required by the department within 90 days shall render the application null and void.
sec.295.39. Licensing: Asbestos Management Planner.
(a) Licensing. An individual may not engage in the development of a management plan related to determining a written schedule and procedures to manage the use of asbestos in a public building unless the individual is licensed under these sections.
(b) Qualification. To qualify for a license as an asbestos management planner, an applicant must have completed an EPA or state approved two-day course of instruction within the past 12 months for management planners, or has remained certified by completing annual refresher training for management planners and inspectors, as specified in sec.295.58 of this title (relating to Operations: Required Asbestos Training).
(c) Fee. The initial licensing fee and the annual license renewal fee for an asbestos management planner is $120 and is nonrefundable. Fees are nonrefundable except as set forth in sec.295. 46 of this title (relating to Licensing and Registration: Application and Renewals). Application and renewals will be made on application forms provided by the department.
(d) Annual update course of instruction. All individuals subject to license renewal shall complete the appropriate annual update course of instruction for management planners and inspectors so as to fulfill the training requirements for licensing renewal.
(e) Replacement certificate. If the licensee requires a replacement certificate, he may request a replacement by completing an application provided by the department. The reissuance fee is $20.
sec.295.40. Licensing: Asbestos Consultant.
(a) Licensing. Persons shall be licensed as an asbestos project consultants in compliance with the provisions of this section, in order to engage in an activity in a public building, including:
(1) advising clients on air sampling and planning sampling strategy;
(2) advising clients and abatement contractors regarding compliance with regulations and air standards;
(3) advising clients on the selection and use of appropriate personal protective equipment related to asbestos abatement activities;
(4) advising clients on inspection of buildings for suspected asbestos-containing materials and assessing hazards posed by positively identified asbestos containing material;
(5) advising clients on collection of bulk samples from suspected asbestos-containing material;
(6) recommending abatement options for each area of asbestos-containing material;
(7) preparing and evaluating asbestos abatement projects or abatement project plan specifications and contract options; and
(8) providing owner representative services for asbestos abatement projects carried out by licensed asbestos abatement persons.
(b) Fee. The fee for an initial application or for an annual renewal of the license for an asbestos consultant shall be $500. Such fees are nonfundable and shall be retained by the department if the applicant fails to complete all information required by the department within 90 days of any notice of deficiency sent by the department to the applicant.
(c) Applications and renewals. Subject to the provisions of sec.295.46 of this title (relating to Licensing and Registrations: Applications and Renewals), both initial applications and renewals shall be submitted on forms prescribed by the department together with all required qualification documentation and a check or money order for the required fee. Only applications that are complete will be eligible for acceptance by the department. The department shall issue a notice of deficiency for applications that are found to be incomplete.
(d) Qualifications. To qualify for a license, an applicant must demonstrate in a manner acceptable to the department that he/she meets the following applicable qualifications.
(1) The applicant must:
(A) have completed a three-day course of instruction within the past 12 months for abatement project designers;
(B) the 32-hour course for asbestos abatement contractors and supervisors; or
(C) one of these courses and all annual refresher training courses, as applicable, from a training provider approved by or acceptable to the department according to the eligibility for such courses described in sec.295.58 of this title (relating to Operations: Required Asbestos Training).
(2) An applicant organization shall designate a corporate officer, general partner, or proprietor, according to the kind of organization, for the purpose of complying with the training requirement in paragraph (1) of this subsection, and with paragraph (7) of this subsection.
(3) All applicants performing work for hire must provide a notarized copy of a certificate of insurance demonstrating professional liability insurance coverage for errors and omissions.
(4) All applicants who are professional corporations or otherwise incorporated under the laws of Texas must provide a certificate of good standing issued by the Texas Comptrollers Office.
(5) All applicants who are corporations from outside the State of Texas must provide a certificate from the secretary of state authorizing the corporation to conduct business in the state.
(6) All applicants must provide a State of Texas sales tax number.
(7) Each applicant shall provide evidence of:
(A) status as either an American Board of Industrial Hygiene certified industrial hygienist, a registered professional engineer, or a registered architect conferred by the appropriate regulatory body of the state in which the individual resides;
(B) possession of a bachelor's degree in a physical science from an accredited four-year college or university, and possession of four years' experience in engineering or industrial hygiene, including one years' experience in asbestos-related activities; or
(C) possession of a high school diploma or GED together with a minimum of five years' experience in asbestos abatement, including at least two years' full-time practice as an asbestos abatement consultant provided that:
(i) an application under this subparagraph must be made on or before February 29, 1992; and
(ii) documentation establishing the applicant's qualifications must be completely verifiable, and the department may request supplemental information as deemed necessary and desirable.
sec.295.41. Licensing: Air Monitoring Technician.
(a) Licensing. An individual must be licensed as an air monitoring technician in compliance with the provisions of this section to engage in obtaining air samples in a public building for laboratory analysis. They may obtain baseline, area, personal, and clearance samples. They may advise clients on air sampling and planning sampling strategy.
(b) Authority of air monitoring technicians. They may obtain baseline, area, personal, and clearance samples, and they may advise clients on air sampling and planning sampling strategy.
(c) Fee. The fee for an initial application or for an annual renewal of the license for an air monitoring technician shall be $50. Fees are non- refundable and shall be retained by the department if the applicant fails to complete all information required by the department within 90 days of any initial notice of deficiency sent by the department to the applicant.
(d) Applications and renewals. Subject to the provisions of sec.295.46 of this title (relating to Licensing: Asbestos Training Provider), both initial applications and renewals shall be submitted on forms prescribed by the department together with all required documentation and a check or money order for the required fee. Only applications that are complete can be eligible for acceptance by the department. The department shall issue a notice of deficiency for applications that are found to be incomplete.
(e) Qualifications. To qualify for a license, an applicant shall submit the following.
(1) The applicant must have a certificate of training indicating successful completion of an approved three-day training course for air monitoring technicians within the past 12 months, and annual refresher training courses as applicable, conducted by a training provider approved by or acceptable to the department according to the eligibility for such courses described in s295.58 of this title (relating to Operations: Required Asbestos Training).
(2) All individuals must furnish evidence of a physical examination within the past one-year period that was conducted by a physician in accordance with OSHA regulations in 29 Code of Federal Regulations (CFR), sec.1926.58(m) or EPA regulations in 40 CFR, sec.763.121 relating to medical surveillance. This evidence shall be a statement made by the physician on the form required by the department.
(f) Exemptions. Applicants who have taken and passed airborne asbestos sampling and laboratory analysis (NIOSH 582) course or equivalent are exempt from the requirements of subsection (e)(1) of this section. They must submit a copy of this original certificate to the department in order to qualify.
sec.295.42. Licensing: Asbestos Laboratory.
(a) Licensing requirement. A person must be licensed in compliance with the provisions of this section to provide analysis of samples collected in public buildings for asbestos content. Such licenses are valid for a period of one year from the effective date and shall be renewable, as prescribed in this section. All licenses issued under these sections are subject to amendment or modification by rules or orders of the board or department. No license may be sold, assigned, or otherwise transferred.
(b) Fee. The fee for an initial application or for an annual renewal of the license for an asbestos laboratory shall be $200. Fees are nonrefundable and shall be retained by the department if the applicant fails to complete all information required by the department within 90 days of any initial notice of deficiency sent by the department to the applicant.
(c) Applications and renewals. Subject to the provisions of sec.295.46 of this title (relating to Licensing and Registrations: Applications and Renewals), both initial applications and renewals shall be submitted on forms prescribed by the department together with all required documentation and a check or money order for the required fee. Only applications that are complete can be eligible for acceptance by the department. The department shall issue a notice of deficiency for applications that are found to be incomplete.
(d) Qualifications. To qualify for a license, an applicant must demonstrate, in a manner acceptable to the department, that he/she meets the applicable following qualifications.
(1) The applicant must have at least one individual, in responsible charge, who has completed the National Institute of Occupational Safety and Health (NIOSH) 582 course.
(2) The applicant must have National Voluntary Laboratory and Analytical Program (NVLAP) accreditation, and/or be enrolled in the National Institute of Occupational Safety and Health (NIOSH) Proficiency Analytical Testing (PAT) program, or on the Asbestos Analyst Registry.
(3) If the applicant is a Texas corporation, a certificate of good standing, issued by the State Comptroller's Office, must be submitted with the application for licensure.
(4) If the applicant is situated outside the State of Texas, a certificate of authority issued by the secretary of state, authorizing the corporation to do business in the state, must be submitted with the application.
(5) An applicant for licensing under these sections must produce proof of insurance for professional liability, including pollution, with a carrier eligible to do business in this state.
(e) Limitations. Limits which are placed on the type of services that a laboratory can perform are as follows.
(1) A laboratory may analyze bulk samples only if so accredited by NVLAP.
(2) A laboratory may analyze clearance samples by transmission electron microscopy (TEM) only if accredited by NVLAP.
(3) A laboratory enrolled in the NIOSH proficiency analytical testing (PAT) program may perform phase-contrast microscopy analysis under controlled laboratory conditions or under field conditions, if quality-control analysis is performed on at least 20% of the samples analyzed in the field.
sec.295.43. Licensing: Asbestos Transporters.
(a) Licensing. A person must be licensed as an asbestos transporter in compliance with these sections to engage in the transport of asbestos in this state for the purpose of disposal. Licenses are valid for a period of one year, and shall be renewable. All licenses issued under these sections shall be subject to amendment or modification by rules or orders of the Board of Health (board) or Department of Health (department). No licenses may be sold, assigned, or otherwise transferred.
(b) Fee. The fee for an initial application or for an annual renewal of the license for an asbestos transporter shall be $200. Fees are nonrefundable except as provided in sec.295.46 of this title (relating to Licensing and Registration: Applications and Renewals).
(c) Applications and renewals. Subject to the provisions of sec.295.46 of this title (relating to Licensing and Registrations: Applications and Renewals), both initial applications and renewals shall be submitted on forms prescribed by the department together with all required documentation and a check or money order for the required fee. Only applications that are complete can be eligible for acceptance by the department. The department shall issue a notice of deficiency for applications that are found to be incomplete.
(d) Qualifications. To qualify for a license, an applicant must demonstrate, in a manner acceptable to the department, that he/she meet the applicable qualifications.
(1) If the applicant is a Texas corporation, a certificate of good standing, issued by the State Comptroller's Office must be submitted with the application for licensure.
(2) If the applicant is situated outside the State of Texas, a certificate of authority issued by the secretary of state authorizing the corporation to do business in the state, must be submitted with the application for licensure.
(3) Proof of general liability and auto liability insurance with an insurance carrier eligible to do business in this state must be submitted with the applications for licensure.
(e) Responsibilities. A licensee as an asbestos transporter shall:
(1) comply with all applicable provisions of sec.295.50 of this title (relating to Licensing Standards);
(2) comply with federal regulations in 29 Code of Federal Regulations (CFR), Part 61 titled "National Emissions Standards for Hazardous Air Pollutants (NESHAP)," specifically the provisions concerning asbestos transport, and 40 CFR, Part 763, Subpart E, Appendix D, titled "Transport and Disposal of Asbestos Waste;"
(3) train and supply employees who will handle asbestos with personal protective equipment and training for its use, and supervise their compliance with these measures in accordance with sec.295.56 of this title (relating to Operations: Personal Protection);
(4) establish and maintain records of transporting asbestos to disposal sites, and report annually to the department on the quantity transported to each disposal site destination;
(5) comply with department personnel in the discharge of their official duties to conduct inspections and investigations, as set forth in sec.295.62 of this title (relating to Licensing Operations: Inspections and Investigations); and
(6) train employees in compliance with OSHA regulations in 29 CFR, sec.1910.120, in anticipation of possible spills of asbestos.
sec.295.44. Licensing: Asbestos-Project-Manager.
(a) Licensing. An individual must be licensed as an asbestos project manager, to perform in the capacity of owner's representative to evaluate the quality of the work being performed during an asbestos abatement project. He/she may monitor the project to insure the safety of both project personnel and building occupants, and the adequacy of controls. He/she may insure that all licensing requirements are being met by the abatement contractor. He/she may advise contractors, on behalf of his/her clients, on the selection and use of appropriate personal protective equipment related to the asbestos abatement activities.
(b) Fee. The fee for an initial application or for an annual renewal of the license for an asbestos project manager shall be $150. Fees are nonrefundable and shall be retained by the department if the applicant fails to complete all information required by the department within 90 days of any initial notice of deficiency sent by the department to the applicant.
(c) Applications and renewals. Subject to the provisions of sec.295.46 of this title (relating to Licensing and Registrations: Applications and Renewals), both initial applications and renewals shall be submitted on forms prescribed by the department together with all required documentation and a check or money order for the required fee. Only applications that are complete can be eligible for acceptance by the department. The department shall issue a notice of deficiency for applications that are found to be incomplete.
(d) Qualifications. To qualify for a license, an applicant must demonstrate, in a manner acceptable to the department, that he/she has:
(1) a certificate of training indicating successful completion of an approved 32-hour course for abatement contractors and project supervisors within the past 12 months or the current annual refresher training courses as applicable, conducted by a training provider approved by or acceptable to the department according to the eligibility for such courses set forth in sec.295.58 of this title (relating to Operations: Required Asbestos Training);
(2) evidence of a physical examination within the past one-year period that was conducted by a physician in accordance with OSHA regulations in 29 Code of Federal Regulations (CFR), sec.1926.58(m) or EPA regulations in 40 CFR, sec.763.121 relating to medical surveillance. This evidence shall be a statement made by the physician on the form required by the department; and
(3) a certificate attesting to the proper selection and fit testing of the applicant's respirator within the past 12 months according to the mandatory procedures in 40 CFR, sec.763.121, Appendix C.
(e) Responsibilities. Those responsibilities and duties that shall be assumed by the asbestos project manager include competence in interpreting:
(1) licensing standards of operation, as described in sec.295.50 of this title (relating to Operation: General Provisions);
(2) standards of operation including EPA and OSHA regulations adopted by reference in sec.295.51 of this title (relating to Operations: Adoption of Standards);
(3) additional work practices, as described in sec.295.52 of this title (relating to Operations: Work Practices for Asbestos Abatement);
(4) standards covering maintenance of records at both the department central office and work site locations, as described in sec.295.53 of this title (relating to Operations: Recordkeeping);
(5) standards and practices for operations and maintenance activities, according to sec.295.60 of this title (relating to Operations: Operations and Maintenance (O&M) Activities); and
(6) cooperation procedures with department personnel in the discharge of their official duties to conduct inspections and investigations, as described in sec.295.62 of this title (relating to Licensing Operations: Inspections and Investigations).
(f) Liability. Asbestos consultants who employ asbestos project managers shall include them in their liability coverage for errors and omissions.
sec.295.45. Licensing: Asbestos Training Provider.
(a) Licensing. A person must be licensed as an asbestos training provider in accordance with these sections to offer and to conduct asbestos training for fulfillment of specific training requirements acceptable to the department.
(b) Fee. The fee for an initial application or for annual renewal of the asbestos training provider license shall be $500. Fees are nonrefundable except as set forth in sec.295.46 of this title (relating to Licensing and Registration: Applications and Renewals).
(c) Applications and renewals. Subject to the provisions of sec.295.46 both initial applications and renewals shall be submitted on forms prescribed by the department together with all required documentation and a check or money order for the required fee. Only applications that are complete can be eligible for acceptance by the department. The department shall issue a notice of deficiency for applications that are found to be incomplete.
(d) Qualification. Documentation required of applicants for licensing as asbestos training provider is as follows.
(1) Organization. There shall be a clear written description of the organization, including the address of its central office and the names and addresses of its principals, and a statement of intent concerning the courses and services to be offered and the planned locations for conducting them. If the organization is affiliated with or the subsidiary of another, a complete description of this arrangement is also required. The organization shall designate a staff member as director in charge of asbestos training.
(2) Classroom space. There shall be a description, including plan drawings and photographs, of the principal space or spaces available for the conduct of courses.
(3) Equipment. There shall be a description of the items of instructional equipment and accessories available for the conduct of courses. The provider shall furnish adequate equipment in good working order for each training session.
(4) Records. Records shall be maintained, including:
(A) a record of each asbestos course that is conducted, which shall include dates, location, instructors, trainees, etc., for a period of five years; and
(B) a file for each trainee, including applications and eligibility documentation, exam scores, etc., for a period of five years.
(5) Advertising. The following shall apply to any advertising to be done by the applicant. The applicant shall furnish examples of advertising to the department as issued.
(A) Printed bulletins, brochures, or other promotional literature must specify course prerequisites for admission, the content of the course, and requirements for successful completion.
(B) Training provider advertising shall not contain any illustration that conveys a false impression as to the size, importance, or location of their facility or their equipment.
(C) Training providers shall not use endorsements or commendations concerning asbestos training except with written consent of the writer and without offer of financial compensation.
(D) The advertising of training providers shall not state or intimate that prospective employees are being sought, that employment upon completion can be guaranteed, and no quotations of dollar amounts indicative of earnings potential shall be made.
(6) Fees and other charges. A schedule of proposed fees and other charges shall be submitted with the application. If the provider will offer financing of these fees, the details of such plan must be included. Trainees shall not be held liable for any fees or charges not disclosed prior to enrollment.
(7) Refund and cancellation policy. Each training provider must have a written policy concerning refunds and cancellations in both Spanish and English that is made available to applicants prior to acceptance of fees for enrollment, and shall include the procedure for notification by the trainee desiring to cancel.
(8) Admission requirements. The training provider shall discuss and inform each applicant of the requirements for the type of license being sought, and of necessary qualifications the applicant must have, as follows.
(A) Individuals not eligible for employment in the United States will not be licensed.
(B) Eligibility for refresher training courses is dependent on the effective date of the initial training.
(C) Certain asbestos training courses require the successful completion of other training courses as a condition for admission.
(D) The trainee shall be furnished with a manual containing an outline of the course and the texts of applicable guidelines and recommendations.
(9) Maximum trainee-instructor ratio. The maximum number of trainees in a lecture session shall be 40. Hands-on training groups shall have no more than 12 trainees and must be so arranged that each trainee is given individual attention.
(10) Attendance and course completion standards.
(A) Roll call in asbestos training courses shall be taken at the beginning of each four-hour segment of course instruction. Control of exits and entrances shall be maintained. A master attendance record shall be maintained for each session.
(B) A trainee is not eligible to complete a given course if more than 20% of the session has been missed, and the qualifying exam shall not be offered in such instances. The records of that session shall be marked to this effect.
(C) Training providers shall develop a written policy for handling no-shows and absentees.
(D) A training provider must certify each examination taken by a trainee as to whether a minimum score of 70% correctly answered questions was achieved. The training provider shall have a written policy concerning re-examinations which shall apply to all such cases of failure of the initial examination. Failure of the re-examination means that the course will have to be repeated.
(e) Conditions of issuance. The following conditions and agreements shall apply to issuance of licenses under this section.
(1) There shall be an agreement to send at least one course instructor to any meeting sponsored by the department for the purpose of ensuring quality training courses in asbestos abatement and related topics.
(2) There shall be an agreement to permit representatives of the department to attend any asbestos training course and take the examination without cost to the department. The department shall be furnished a copy of all scheduled courses and shall be advised at least 24 hours in advance of any course cancellations or any non-scheduled courses to be presented.
(3) There shall be a description and an example of numbered certificates issued to students who attend the course and pass the examination. The certificate must be in conformance with 40 Code of Federal Regulations (CFR), Part 763, Subpart E, Appendix C, and must show the social security number of the individual certified. A uniquely numbered certificate may also be used, providing the social security number is shown.
(4) Approval shall be automatically canceled for any course not presented at least one time in a six-month period and the trainer will be required to resubmit the course for approval.
(5) Trainers shall not provide the necessary training for accrediting their own personnel (employees), personnel who have a financial interest in the training provider, or personnel who are employees of persons having any financial relationship with the training provider.
(6) Trainers may present other courses or seminars relevant to asbestos activities including, but not limited to, courses on respirator training and compliance (NIOSH 582 or equivalent) sample analysis by polarized light microscopy, construction safety (29 CFR, Part 1926), hazard communications (Texas or OSHA), hazardous worker (29 CFR, sec.1910.120), local education agency-asbestos coordinator, or advanced hands-on for worker and supervisor. Such courses will not be accredited by the department. Any federal accreditation requirements will be complied with by the provider. Such courses and seminars may not be used for refresher training credit.
(f) Course instructors. The training provider shall submit a resume of each instructor that will participate in the conduct of any asbestos training course to be approved by the department. The training provider will notify the department of additions and deletions to their instructor roster within 15 days of actual occurrence, and shall notify the department by FAX or express mail of any last-minute instructor substitutions for scheduled courses.
(g) Instructor qualifications. Training instructors shall be qualified in any one of the categories in the following paragraphs. Training qualifications must be fully documented, and verifiable by the department. The categories include:
(1) at least two years of actual hands-on experience in asbestos-related activities with continuous training accreditation from EPA asbestos courses, and a high school diploma and completion of one or more teacher education courses in vocational or industrial teaching;
(2) a college degree in basic sciences or a related field, which shall include architect, registered professional engineer (P.E.), certified industrial hygienist (C.H.I.), or a certified safety professional (C.S.P.), with one years' hands-on experience in asbestos related activities, and current accreditation in at least one EPA asbestos course;
(3) at least three years' teaching experience in Hazmat or HazWoper courses, and completion of one or more teacher education courses in vocational or industrial teaching; or
(4) qualification on an individual basis of professional persons for the purpose of teaching their specialty, such as law, medicine, etc.
(h) Professional references. Each instructor application submitted shall be accompanied by professional references attesting to teaching experience and qualification.
(i) Complete applications. The department shall not accept any instructor application until it is complete; the department shall reject any such application that does not contain sufficient references to be fully verifiable.
sec.295.46. Licensing and Registration: Applications and Renewals.
(a) Licensing. Applications for a license under these sections shall be made on forms provided by the department, shall be signed by the applicant, and must be accompanied by a check or money order for the amount of the license or renewal fee. Only applications which are complete shall be considered by the department.
(b) Denials. The department may deny an application for licensing or renewal to any applicant who fails to meet the standards established by these sections, including, but not limited to:
(1) failure to demonstrate the ability of the applicant to comply fully with applicable requirements, procedures, and standards set forth in these sections;
(2) past history of violations of these sections by the applicant and/or the applicant's employees or agents, as determined by department administrative orders or court judgments;
(3) evidence that the applicant cannot be legally employed in the United States;
(4) failure of licensees to provide proof of high school graduation or equivalent (this is not a requirement for worker registration);
(5) submission of false information on an application;
(6) failure to submit the required information and/or documentation within 90 days of a written request by the department;
(7) failure to submit the required fee with the application; and
(8) any past history violations of state or federal law pertaining to asbestos-related activities.
(c) Time periods for processing applications and renewals. The department is allotted a time period of 90 days from receipt of an initial application to issue asbestos licenses, and/or a period of 60 days from receipt of an initial application to issue worker registration.
(d) Reimbursement of fees. Initial application or renewal fees will be refunded only when a completed application is not processed according to these sections. Refunds are also made when fee amounts are incorrect or submitted for the wrong purpose. Otherwise, fees for applications and renewals are not eligible for refund, as follows.
(1) Denial of an application, failure to qualify, or abandonment of the application do not constitute grounds for reimbursement. Abandonment is defined as failure to respond to a written request of the department by the applicant for a period of 90 days or longer.
(2) A denial of an application or a request for renewal may be appealed by the applicant.
(e) Renewal notice. At least 30 days before a license expires, the department shall send to the licensee, by first-class mail to the last known address of the licensee, a renewal notice that states:
(1) the date on which the current license or registration expires;
(2) the date by which the renewal application must be received by the department for the renewal to be issued and mailed before the license or registration expires; and
(3) the amount of the renewal fee.
(f) Renewal requirements. Before the license or registration expires, it may be renewed for an additional one-year term providing that the licensee or worker:
(1) is qualified to be licensed or registered;
(2) pays to the department the proper amount of the nonrefundable renewal fee;
(3) submits to the department a renewal application on the prescribed form;
(4) completes successfully the requirements for renewal, including a current physical examination; and
(5) has complied with all final orders resulting from violations of these sections.
(g) Replacement. A licensee or registrant may request a replacement certificate by completion of an appropriate application. The fee for reissuance is $20.
(h) Retention of control. The department may, at any time after the filing of any application and before the expiration of any license or registration, require:
(1) additional written information and assurances; and
(2) any inspections or cause the production of any documentary or other evidence that the department considers necessary to determine whether the license or registration should be granted, delayed, denied, modified, suspended, or revoked.
sec.295.47. Licensing and Registration: Conditions and Exemptions.
(a) A person must be appropriately licensed in compliance with these sections to engage in asbestos abatement or any asbestos-related activity within the scope of these sections.
(b) Each individual desiring to be licensed under these sections must attain his/her 18th birthday prior to submitting an application for such purpose.
(c) The term of all licenses, including the registration of asbestos workers, is one year and expires on the anniversary of the effective date unless renewed.
(d) The minimum education requirement for any license to be issued under these section is graduation from high school or its equivalent.
(e) The terms and conditions of all licenses shall be subject at any time to revision, amendment, or modification by rules or orders issued by the Texas Board of Health or the Texas Department of Health (department), as appropriate.
(f) No license or worker registration issued under these sections may be sold, assigned, or transferred.
(g) A change of name of any licensee, or the change of ownership of a licensee organization to an extent greater than 20% of the whole shall require re-application. Notice of such change must be sent to the department within 30 days.
(h) An individual shall not engage in the supervision of asbestos abatement within the scope of these sections unless and until he/she is licensed as an abatement project supervisor. Registered abatement workers or licensees must hold an abatement project supervisor's license if they assume responsible charge of the personnel and work practices of an abatement project.
(i) An individual must be licensed as an asbestos abatement contractor to solicit or conduct asbestos abatement projects or asbestos operations and maintenance tasks for hire.
(j) Those who contract to remove resilient floor coverings, including vinyl-asbestos tile, may be exempt from the requirement to be licensed under these sections provided that:
(1) all persons employed in such removal shall have taken and passed an eight-hour course approved by the department on the removal of resilient floor coverings by approved methods by an approved training sponsor;
(2) removal activities of both floor coverings and the glue, or mastic, are removed according to the guidelines contained in EPA regulations covering national emissions standards for hazardous air pollutants in 40 CFR, Part 61, as amended. These standards are restricted to wet methods and the use of heat or dry ice or nitrogen for removal of floor coverings, and the use of solvents where necessary for the removal of the mastic;
(3) floor and mastic (glue) samples must be analyzed for asbestos content prior to removal; and
(4) the department shall be notified at least 10 days prior to conducting the removal operation. See sec.295.55 of this title (relating to Operations: Notification Requirements).
sec.295.48. Licensing and Registration: Requirements for Asbestos Hazard Emergency Response Act (AHERA).
(a) Individuals and organizations who engage in the control and abatement of asbestos-containing materials in the buildings of both public and non-public private schools which teach any grades between kindergarten and 12th grade must be in compliance with under AHERA requirements in 40 Code of Federal Regulations (CFR), Part 763, Subpart E, titled, "Asbestos-Containing Materials in Schools," as amended.
(b) Persons or employees accredited to perform any asbestos-related activity under AHERA must be licensed under the provisions of these sections.
(1) Asbestos abatement contractors must qualify for licensure under sec.295.33 of this title (relating to Licensing: Asbestos Abatement Contractor).
(2) Abatement project supervisors must qualify under sec.295.34 of this title (relating to Licensing: Asbestos Abatement Project Supervisor).
(3) Inspectors must qualify under sec.295.38 of this title (relating to Licensing: Asbestos Inspector-Surveyors).
(4) Management planners must qualify under sec.295.39 of this title (relating to Licensing: Management Planner).
(5) Project designers must qualify under sec.295.40 of this title (relating to Licensing: Asbestos Consultant).
(6) Asbestos abatement workers must qualify under s295.35 of this title (relating to Registration: Asbestos Abatement Workers).
(c) If the school's administration has obtained an asbestos building management license under sec.295.36 of this title (relating to Licensing: Asbestos Building Management (Restricted)), members of the school's custodial crew may conduct activities that will result in the disturbance of asbestos-containing materials. They must be licensed as asbestos abatement workers and supervised by a licensed operations and maintenance supervisor (restricted) in accordance with sec.295.37 of this title (relating to Licensing: Asbestos Operations and Maintenance Supervisor (Restricted)) or an asbestos project supervisor. The 14-hour custodial training course is not recognized by Texas asbestos law as accreditation for operations and maintenance activity affecting asbestos in school buildings.
(d) All training under AHERA regulations, with the exception of the two-hour asbestos awareness course, must be conducted by training sponsors licensed by the department for those purposes.
(e) School maintenance and custodial employees who will perform removal of resilient floor coverings and adhesives containing known or assumed asbestos content according to the non-friable removal guidelines contained in EPA regulations covering national emission standards for hazardous air pollutants in 40 CFR, Part 61, as amended. They shall successfully complete the mandatory eight-hour training in floor covering removal, as set forth in sec.295.47 of this title (relating to Licensing and Registration: Conditions and Exemptions), and sec.295.58 of this title (relating to Operations: Required Asbestos Training), concerning requirements and training, respectively.
sec.295.50. Operations: General Provisions.
(a) Responsibility. It is the responsibility of owners of public buildings or their designated agents to engage persons licensed under the provisions of this title to perform any asbestos-related activity. Owners or agents may become licensed under sec.295. 33 of this title (relating to Licensing: Asbestos Abatement Contractor), or sec.295.36 of this title (relating to Licensing: Asbestos Building Management (Restricted)).
(b) Supervision.
(1) Every asbestos abatement project undertaken by a licensed contractor in a public building shall be supervised by at least one licensed asbestos abatement project supervisor. Project supervisors shall be on-site and remain within the regulated area during all periods of abatement activity by those performing under his supervision.
(2) Only licensed asbestos abatement project supervisors shall be designated as competent persons under the Occupational Safety and Health Act.
(3) Every small-scale, short-duration maintenance or repair activity that involves asbestos-containing material in a public building, shall be supervised by at least one restricted-license operations and maintenance supervisor. Restricted activity supervisors shall be on-site and within the regulated area during all periods of asbestos disturbance activity.
(4) Licensed abatement project supervisors may be employed to supervise small-scale, short-duration asbestos activities.
(5) Supervisors with either restricted or unrestricted licenses may be employed as asbestos abatement workers.
(c) Employees. Each employee or agent of any licensee who shall come into contact with asbestos, or who shall engage in an asbestos removal project, an asbestos encapsulation project, or other asbestos-abatement activity within the regulated area, shall have an annual physical examination, respirator fit-test, be properly equipped and trained, and be licensed or registered in accordance with these sections.
(d) Records. Each licensee shall keep a complete record of each asbestos related activity or operation in public buildings to the extent of his or her participation. Records of current operations shall be kept on-site; records shall then be stored in a safe place. Such records shall be kept for 30 years. Each licensee shall also keep a copy of all violations issued against him by the EPA, OSHA, or a state agency. All required records shall be made available, upon request, for inspection and review by the Texas Department of Health (department) .
(e) Inspections. Each licensee shall assist and cooperate with all properly-identified representatives of the department in the conduct of asbestos inspections, surveys, or monitoring procedures at all reasonable or necessary times, with or without prior notice. Such inspections may be made at proposed, actual, or former sites of asbestos-related activities, or of the premises, records, equipment, and personnel of licensees or applicants, or of those who have held active licenses previously.
(f) Respirator program. Each licensee who employs registered asbestos workers shall be responsible for establishing and maintaining a written respiratory protection program, as required by EPA regulations in 29 Code of Federal Regulations (CFR), sec.1910.134.
(g) Approved respirators. The licensee must maintain in safe working condition a sufficient number of the National Institute of Occupational Safety and Health approved respirators to meet all anticipated requirements of his employees; and any employee whose facial characteristics, hair, mustache, or beard preclude a tight fit of a negative-pressure respirator shall not be allowed to enter the containment area or containment of an asbestos operation using this type of respirator.
sec.295.51. Operations: Applicable Federal Standards.
(a) The Texas Department of Health (department) follows the requirements in the following:
(1) 40 Code of Federal Regulations (CFR), Part 61, titled, "National Emissions Standards for Hazardous Air Pollutants;"
(2) 40 CFR, Part 763, Subpart G, sec.sec.763.120-763.126, titled, "Asbestos Abatement Projects: Worker Protection Rule;"
(3) 40 CFR, Part 763, Subpart E, sec.sec.763.80-763.99, titled, "Asbestos-Containing Materials in Schools;"
(4) 40 CFR, Part 763, Subpart E, Appendix C, titled, "Model Accreditation Plan;"
(5) 40 CFR, Part 763, Subpart E, Appendix B, titled, "Work Practices and Engineering Controls for Small-Scale, Short-Duration Operations Maintenance and Repair (O&M) Activities Involving ACM;"
(6) 29 CFR, sec.1926.58, titled, "Occupational Exposure to Asbestos, Tremolite, Anthophyllite, and Actinolite;"
(7) 29 CFR, sec.1926.58, Appendix G, titled, "Work Practices and Engineering Controls for Small-Scale, Short-Duration Asbestos Renovation and Maintenance Activities;" and
(8) 29 CFR, sec.1910.134, titled, "Occupational Health Standards for A Respiratory Protection Program."
(b) Copies of the documents in subsection (a) of this section are available for review at the Texas Department of Health, Division of Occupational Health, 1100 West 49 Street, Austin, and may be reviewed during normal business hours.
sec.295.52. Operations: Work Practices for Asbestos Abatement.
(a) Critical barriers. Areas contaminated with asbestos shall be isolated from adjacent uncontaminated areas by air-tight barriers attached securely in place. All openings between the work area and uncontaminated areas including, but not limited to, windows, doorways, elevator openings, corridor entrances, ventilation openings, drains, ducts, grills, grates, diffusers, and skylights, shall be sealed airtight with a minimum of six-mil sheeting.
(b) Movable objects. All movable objects shall be removed from the work area. Cleaning of contaminated items shall be performed if the items are to be salvaged or reused. Otherwise, they shall be properly disposed of as asbestos waste. All non-movable objects in the work area shall be covered with a minimum of four-mil sheeting, secured into place.
(c) Floor and wall preparation. Floor sheeting shall completely cover all floor surfaces and consist of a minimum of two layers of sheeting totaling at least six-mils. Floor sheetings shall extend up sidewalls at least 12 inches and be sized to minimize seams. No seams shall be located at wall-to-floor joints. Wall sheeting shall completely cover all wall surfaces and consist of a minimum of one layer of four-mil sheeting. It shall be installed so as to minimize joints and shall extend beyond wall/floor joints at least 12 inches. No seams shall be located at wall-to-wall joints.
(d) Decontamination system. A worker decontamination enclosure system consisting of a clean room, shower room, and equipment room, each separated from each other and from the work area by airlocks accessible through doorways. Except for the doorways, the worker decontamination enclosure system shall be airtight. All entry and exit from the work area shall be through this chamber, including a thorough exit shower before entering the clean room. No asbestos-contaminated individuals or items shall enter the clean room.
(e) Heating, ventilation, and air conditioning system equipment (HVAC). All HVAC equipment in or passing through the work area shall be shut down and preventative measures taken to prevent accidental startups. All intake and exhaust openings and any seams in system components shall be sealed with at least six-mil sheeting and/or tape. All system filters shall be replaced at the completion of the abatement, and old filters shall be disposed of as asbestos waste.
(f) Danger signs. Danger signs in accordance with 29 Code of Federal Regulations (CFR), sec.1926.58, shall be displayed in both Spanish and English languages at all approaches to any location where airborne fiber levels can be expected to exceed background levels.
(g) High efficiency particulate air (HEPA) cleaning. Following abatement, clean-up procedures using HEPA vacuuming and wet cleaning techniques shall be performed. Wet cleaning shall be performed, followed by HEPA vacuuming after surfaces have been allowed to dry. The sequence of wet cleaning and vacuuming shall be repeated at 24-hour intervals until no visible residue is observed in the work area.
(h) Containment area ventilation. Units with HEPA filtration and in sufficient number to provide one containment air change every 15 minutes shall be operated for the duration of the project. The duration of the asbestos abatement project for the purpose of this requirement shall be considered from the time barrier construction is completed through the time acceptable final clean air-monitoring results are obtained. These units shall exhaust filtered air to the outside of the facility wherever technically feasible.
(i) Requirements for removal fo asbestos-containing material (ACM). The requirements for removing ACM are that:
(1) all ACM shall be thoroughly wetted prior to removal;
(2) structural components and piping shall be removed intact or in large sections whenever possible, and carefully lowered to the floor; and
(3) all ACM shall be removed in small sections and containerized while wet. At no time shall material be allowed to accumulate on the floor or become dry. Structural components and piping shall be thoroughly wetted prior to wrapping in plastic sheeting for disposal.
(j) Requirements for the encapsulation of ACM.
(1) Prior to encapsulation, loose and hanging ACM shall be removed.
(2) Filler material applied to gaps in existing material shall contain no asbestos, shall adhere well to the substrate, and shall provide an adequate base for the encapsulating agent.
(3) Encapsulant shall be applied using only airless spray equipment with the nozzle pressure and tip size set according to the manufacturer's recommendations.
(4) Encapsulated materials shall be specifically designated by signs, labels, color coding, or some other mechanism to warn individuals who may in the future be required to disturb the material.
(k) Requirements for the enclosure of ACM.
(1) Acceptable enclosures shall be airtight and of permanent construction, so that the area behind them is inaccessible.
(2) All areas of ACM shall be wetted if they are to be disturbed during the installation of hangers, brackets, or other portions of the enclosure.
(3) Prior to enclosure, loose and hanging ACM shall be removed.
(4) Filler material applied to gaps in existing materials shall contain no asbestos, and shall adhere well to the substrate.
(5) Enclosures for asbestos-containing materials shall be specifically designated by signs, labels, color coding, or some other mechanism to warn individuals who may in the future be required to disturb the material.
(l) Abatement project involving loose surfaces. The Department of Health requires that the following procedures for all projects involving loose surfaces such as dirt floors or deteriorating concrete walls shall be followed.
(1) During precleaning activities, all visible ACM shall be removed from dirt surfaces or cleaned from deteriorating surfaces. Critical barriers shall be placed on all openings and air filtration units shall be running during this procedure.
(2) When dirt floors are present, a layer of soil shall then be scraped, bagged, and disposed of as asbestos waste. Enough soil shall be removed to eliminate all ACM that may have accumulated over time. All deteriorating surfaces shall be thoroughly vacuumed.
(3) Dirt floors and deteriorating surfaces shall then be covered with a layer of sheeting. Placement of this sheeting creates a barrier between the loose surface and the work area.
(4) Setup and removal activities shall then occur in accordance with the recommended work practices of this section. A total of three layers shall be on the floor before removal begins.
(5) After the work area has yielded an acceptable clearance air sampling result as analyzed by an independent laboratory, barriers can be removed or left in place at the building owner's discretion.
sec.295.53. Operations: Recordkeeping.
(a) Training providers. Licensed training providers shall establish and maintain records and documents pursuant to the requirements of this section for a period of five years, and shall make such records and documents available to the Department of Health (department) upon request.
(b) Asbestos contractors.
(1) Central location. The following records and documents shall be maintained by asbestos contractors at a central location at the principal place of business for a period of 30 years and shall be made available to the department upon request:
(A) records and documents required by 29 Code of Federal Regulations (CFR), sec.1910.1001, and 29 CFR, sec.1926.58, as amended;
(B) name, address, and asbestos abatement worker or supervisor, certificate number of each employee (past and present), including dates of employment, and description of each employee's involvement in each asbestos project while employed by the contractor, including name, address, location, and duration of project;
(C) copies of all regulatory agency correspondence including letters, notices, citations received, and notifications made by the contractor;
(D) records and documents required to be maintained under any other applicable federal, state or local law, regulation or ordinance;
(E) receipts and documentation of disposal of asbestos waste showing dates, locations, and amounts of asbestos waste disposed including the identification of the source of the asbestos waste and the transporter (company name or driver name if an employee of the contractor);
(F) copies of laboratory reports and sample analysis documenting workplace and personal exposure levels, including copies of consultant's reports provided to the contractor regarding employee or clearance level monitoring; and
(G) copies of all contracts awarded for asbestos abatement projects.
(2) On-site. Records and documents shall be maintained on-site at the asbestos project location for the duration of the project. Records and documents with personal references shall be made available to all persons employed at the site upon request. All on-site records and documents shall be made available to the department upon request. The records and documents covered by this paragraph include:
(A) a current copy of the work practice requirements;
(B) a copy of the contract or technical specifications governing the project;
(C) a listing of all employees, by name, social security number, and certificate number working on the project;
(D) a listing of each of the contractors, subcontractors, and consultants on the project;
(E) a daily sign-in/out log which identified persons by name and the length of time each spent at the site;
(F) records of all on-site air monitoring; and
(G) a written respirator program which conforms to requirements of 29 CFR, sec.1910.134(b), as amended.
(c) Analytical services. Licensed providers of asbestos analytical services shall maintain copies of all records and documents required by these sections and copies of all analyses performed, including the sample identification number and analytical results, and make such documents available to the department upon request.
(d) Consultants. Licensed consultants shall maintain client files pertaining to inspection, sampling, assessment, clearance level monitoring, and copies of daily construction logs pertaining to contractor work practices and make such documents available to the department upon request. Logs for completed projects shall be maintained at the consultant's principal place of business. Logs for current projects shall be kept at the asbestos project work site until final cleanup has been certified.
(e) Asbestos building management (restricted). Building management licensed to perform small-scale, short-duration operations and maintenance (O&M) activities affecting asbestos shall maintain, at the place of business, copies of all documents which constitute the application of each O&M restricted supervisor's license and the registration of each asbestos worker. All such restricted operations performed shall be recorded in chronological order and made available for inspection as requested by the department.
(f) Record retention. Records and documents required by this regulation shall be retained for a period of 30 years from the date of project completion unless otherwise stated. Organizations or individuals ceasing to do business, or relocating the principal place of business shall so notify the department in writing within 30 days of such event. The department, on receipt of such notification may instruct that the records be surrendered to the department, or may specify a repository for such records. The organizations or individuals shall comply with the department's instructions within 60 days.
sec.295.55. Operations: Notification Requirements.
(a) Each asbestos abatement contractor or building owner/operator must provide written notice of his/her intention to abate asbestos or to disturb asbestos in a building covered by the Texas Asbestos Health Protection Act. Notification shall be made on a form provided by the Texas Department of Health (department). Delivery of the required notice by United States Postal Service, commercial delivery service, hand delivery, or telephone facsimile (FAX) is acceptable.
(b) Notifications of asbestos abatement or disturbance must be received or postmarked at least 10 working days before the start of the project. Project start date is considered to be the date when actual abatement or disturbance begins.
(c) When asbestos abatement or disturbance will begin later than the date contained in the notice, the licensee shall:
(1) notify the department of the new start date by telephone as soon as possible but prior to the original start date; and
(2) provide the department with a written notice of the new start date as soon as possible before, and no later than, the original start date. Delivery of the updated notice by the United States Postal Service, commercial delivery service, hand delivery, or telephone facsimile (FAX) is acceptable.
(d) When asbestos abatement or disturbance covered by these sections will begin on a date earlier than the date specified for the original start, the licensee shall provide the department with a written notice of the new start date at least 10 working days beforehand.
(e) In no event shall an operation covered by this section begin on a date other than the date contained in the written notice of the start date.
(f) In the event of emergency renovations made necessary by an unexpected or unplanned asbestos incident, notification will be made as soon as practicable, but in no event later than 24 hours after the occurrence of the incident. Initial notification can be made by telephone, followed by formal notification on the department's notification form.
(g) Asbestos abatement projects involving less than five linear feet of asbestos surface on pipes or ducts or less than five square feet of asbestos surface on structures other than pipes or ducts are exempt from the notification requirements of this section.
sec.295.56. Operations: Personal Protection. Each licensee who disturbs or abates asbestos-containing material (ACM) shall take precautions to protect himself, workers, and the public. As a minimum he must provide for elements of personal protection as follows.
(1) Medical surveillance, as required by 29 Code of Federal Regulations (CFR), sec.1926.58, or 40 CFR, sec.763.21, as amended, must be performed annually for all workers, supervisors, inspectors, air monitoring technicians, and project managers. On-site records must include a photocopy of the most recent physician's statement for each individual concerned.
(2) A respiratory protection program shall be instituted, and on-site records must indicate the brand, type, and size of respirators for which each individual has been fit-tested.
(3) Disposable coveralls, which include foot and head coverings, must be used whenever respirators must be worn.
(4) Replacement respirator canisters and other necessary disposable personal protection items shall be immediately available at a job site in sufficient quantity to meet all reasonably expected requirements.
(5) Air monitoring must be done to record the levels of asbestos to which employees are exposed, in accordance with 29 CFR, sec.1926.58 (OSHA). On- site records shall indicate daily personal exposure monitoring results. Eight- hour time-weighted average and 30-minute short-term exposure monitoring are both required, and shall be representative of the exposure of each employee.
sec.295.58. Operations: Required Asbestos Training.
(a) General provisions. Applicants for licensing or renewal must submit evidence of fulfillment of specific training requirements acceptable to the Department of Health (department) under these sections.
(1) Training courses shall be conducted by training providers licensed by the department. Training within the confines of this state by unlicensed providers shall not be accepted by the department after December 31, 1991.
(2) Valid training courses performed by EPA approved training providers in other states shall be accepted by the department provided that applicants have completed an approved course in Texas asbestos law and rules from a training provider licensed by the department. This requirement is effective January 1, 1992, and does not apply to asbestos worker courses.
(3) The provisions of sec.295.45(e)(6) of this title (relating to Licensing: Asbestos Training Provider) prohibiting self-accreditation, shall apply to out-of-state trainer-presented courses.
(4) The one-year period of validity following the effective date of a required asbestos course may be extended by completing the appropriate annual refresher training course. Failure to complete annual refresher training within two years of the most recent training shall require that the original course be repeated.
(5) A day of training shall consist of eight hours of actual classroom instruction, hands-on practical training sessions, and field trips in any suitable combination, including break periods.
(6) Courses requiring hands-on practical training must be presented in an environment that permits the trainees individually to have actual experience performing tasks associated with the appropriate asbestos activity studied. Hands-on training sessions shall maintain a student to instructor ratio of not more than 10 to one (10:1). Demonstrations and audio-visuals shall not substitute for required hands-on training.
(b) Contractor/supervisor training.
(1) A person seeking licensure as an asbestos abatement contractor, asbestos abatement project supervisor, asbestos consultant or project designer, asbestos competent person (under Occupational Health and Safety Administration requirements), or operations and maintenance (restricted) supervisor, shall successfully complete an approved 32-hour contractor/supervisor training course (course) as described in this section. The course may be substituted for the asbestos abatement worker course. This substitution does not apply to annual refresher training.
(2) An unlicensed employee of an asbestos consultant who will serve in any capacity connected with an asbestos abatement project shall have successfully completed the contractor/supervisor training course. This training shall include lectures, demonstration, audio-visuals, at least six hours of hands-on training including individual respirator fit testing, course review, and a written examination of 100 multiple-choice questions. Each trainee must score at least 70% or better on this exam to successfully complete the course.
(3) The course shall adequately address the:
(A) physical characteristics of asbestos and asbestos containing materials;
(B) potential health effects related to asbestos exposure;
(C) employee personal protective equipment;
(D) state-of-the-art work practices;
(E) personal hygiene;
(F) additional safety hazards;
(G) medical monitoring;
(H) air monitoring;
(I) relevant federal, state, and local regulatory requirements;
(J) establishment of respiratory protection programs and medical surveillance programs;
(K) hands-on training, including work area preparation, decontamination chamber construction, and respirator fit testing and maintenance;
(L) insurance and liability issues;
(M) record keeping for asbestos abatement projects;
(N) supervisory techniques for asbestos abatement activities;
(O) contract specifications; and
(P) course review and manual.
(c) Asbestos abatement workers. Persons seeking registration as asbestos abatement workers shall successfully complete an approved three-day training course, as described in this subsection. Successful completion of the contractor/supervisor training course shall also be acceptable as qualification for asbestos worker applicants. Work training courses are recommended to have a student instructor ratio of not more than 25 to one (25:1). The worker training course shall include lectures, demonstrations, at least six hours of hands-on training including individual respirator fit testing, course review, and a written examination consisting of 50 multiple-choice questions. Successful completion of the course shall be demonstrated by achieving a score of at least 70% on the examination. The course shall adequately address the:
(1) physical characteristics of asbestos and asbestos containing materials;
(2) potential health effects related to asbestos exposure;
(3) employee personal protective equipment;
(4) state-of-the art work practices;
(5) personal hygiene;
(6) additional safety hazards;
(7) medical monitoring;
(8) air monitoring;
(9) relevant federal, state, and local regulatory requirements;
(10) establishment of respiratory protective programs and medical surveillance programs;
(11) hands-on training, including work area preparation, decontamination chamber construction, and respirator fit testing and maintenance; and
(12) course review and manual.
(d) Asbestos inspectors. Persons seeking licensure as asbestos inspectors shall successfully complete an approved three-day training course as described in this subsection. The inspector training course shall include lectures, demonstrations, hands-on individual respirator fit testing, course review and a written examination consisting of 50 multiple choice questions. Successful completion of the course shall be demonstrated by achieving a score of at least 70% on the examination. The course shall adequately address the:
(1) background information of asbestos;
(2) potential health effects related to asbestos exposure;
(3) functions/qualifications and role of inspectors;
(4) legal liabilities and defenses;
(5) understanding of building systems;
(6) public/employee/ building occupant relations;
(7) pre-inspection planning, and review of previous inspection records;
(8) inspecting for friable and non-friable asbestos containing material;
(9) assessing of the condition of friable asbestos containing material;
(10) bulk sampling/documentation of asbestos;
(11) air monitoring;
(12) employee personal protective equipment;
(13) record keeping and writing of the inspection report;
(14) regulatory review;
(15) field trip or simulated building walk through inspection; and
(16) course review and manual.
(e) Management planners. Persons seeking licensure as management planners shall successfully complete the training program for inspectors, as described in subsection (d) of this section, plus an approved two-day management training course, as described in this subsection. The management planner course shall include lectures, demonstration, course review, and a written examination consisting of 50 multiple choice questions. Successful completion of the course shall be demonstrated by achieving a score of at least 70% on the examination. The course shall adequately address the:
(1) course overview;
(2) evaluation and interpretation of survey results;
(3) hazard assessment;
(4) legal implications;
(5) evaluation and selection of control options;
(6) role of other professionals;
(7) development of an operations and maintenance (O&M) plan;
(8) regulatory review;
(9) record keeping for the management planner;
(10) assembling and submitting of a management plan;
(11) financing abatement actions; and
(12) course review and manual.
(f) Air monitoring technician. Persons seeking licensure as air monitoring technicians shall successfully complete an approved three-day training course as described in this subsection. The air-monitoring technician course shall include lectures, demonstrations, hands-on individual respirator fit testing, course review, and a written examination consisting of 50 multiple choice questions. Successful completion of the course shall be demonstrated by achieving a score of at least 70% on the examination. The course shall adequately address the:
(1) health effects of asbestos;
(2) asbestos regulations (state and federal);
(3) asbestos sampling and evaluation methods;
(4) calculating sampling times;
(5) time weighted average calculation;
(6) calibration of air sample pumps;
(7) sample logs and records;
(8) compliance testing;
(9) clearance testing; and
(10) clearance procedures.
(g) Texas law and rules. Persons seeking any asbestos license other than asbestos worker with the department who will submit out-of-state training as a means of qualification must first successfully complete an approved four-hour course on Texas asbestos health protection law which shall be conducted by a training sponsor licensed by the department.
(h) Floor covering removal training. All individuals seeking to remove resilient floor coverings that contain or may be reasonably expected to contain asbestos by exempt methods according to the guidelines contained in 40 Code of Federal Regulations (CFR), Part 61, titled "National Emissions Standards for Hazardous Air Pollutants (NESHAP)," as amended, must have completed a mandatory eight-hour course as described in this subsection. Asbestos licensees and registered workers who will use the exempt methods of removal must also complete the course. Possession of a floor covering removal-training certificate shall in no way qualify or accredit that person to perform any other asbestos-related activity whatsoever. The course shall adequately address the:
(1) physical characteristics of asbestos and asbestos-containing materials;
(2) potential health effects related to asbestos exposure;
(3) EPA regulations covering NESHAP;
(4) explanation and demonstration of approved exempt work practices;
(5) requirements in the Asbestos Hazard Emergency Response Act that applies to school buildings;
(6) application of penalties in Texas law;
(7) explanation and demonstration of practices requiring licensure;
(8) notification, record keeping, and disposal; and
(9) course review and manual.
(i) Refresher training. With the exception of floor-covering workers, all disciplines shall receive refresher training annually. Satisfactory completion of such training shall be a condition of renewal, and evidence of satisfactory completion shall be included in the annual renewal application.
sec.295.59. Operations: Approval of Training Courses.
(a) Generally. Asbestos training courses shall be individually approved only for those training providers currently licensed by the Texas Department of Health (department). Applications for each course shall be made separately. The department shall consider prior teaching of the course applied for as a part of the approval process.
(b) Conditional approval. Conditional approval of an asbestos training course shall be granted to an applicant after all required information and documentation submitted has been found to meet the requirements set forth in these sections for approval of the course by the department. Conditional approval shall expire six months from the date of issuance of the letter of approval, subject to a 90-day extension on an individual basis.
(c) Complete approval. Complete approval of an asbestos training course shall be granted for a period of two years after the department has granted conditional approval, has conducted an on-site observation and evaluation of the training course, its instructors and its facilities, and has determined that the applicant's asbestos training course meets the requirements set forth in these sections.
(d) Applications. An applicant for approval of an asbestos training course must submit an application in writing to the department. Within 30 working days after receiving an application, the department shall acknowledge receipt of the application and notify the applicant of any deficiency in the application. The department will approve or deny the application only upon receipt of the completed application which shall contain the following information:
(1) the name and address of the licensed training provider who will present the course, and the name and phone number of the responsible individual;
(2) the type of course for which approval is being requested;
(3) a detailed outline of the course curriculum including the amount of time allotted to each topic, the name and qualifications of the individual developing the instruction program for each topic, and the name and qualifications of the instructor of each topic;
(4) a description of the instruction program for each topic, including teaching methods to be used and copies or written materials to be distributed;
(5) a description of the type of equipment owned which must be used in all full-length courses for demonstrations and/or "hands-on" exercises, including, but not limited to, types of respirators, negative air units, water spray devices, protective clothing, construction materials, high efficiency particulate air (HEPA) vacuum, air purifying panel, glove bags, shower unit, water filter assembly;
(6) instructor-to-student ratio for "hands-on" practice exercises and demonstrations;
(7) documentation, including photos and details of assurance that the number of instructors, the amount of equipment, and the facilities are adequate to provide the students with proper training;
(8) administration of a written multiple choice examination at the conclusion of the course. If copies of the exam are required by the department, measures to protect the confidentiality of the exam as proprietary information will be maintained by the department to the extent authorized by law; and
(9) establishment of the fact that the minimum grade which must be obtained for a trainee to successfully complete the course is 70%.
(e) Re-training (refresher) courses.
(1) For all disciplines except inspectors, a state accreditation program shall include a one-day annual refresher training course for reaccreditation. Refresher courses for inspectors shall be a half-day in length. Management planners shall attend the inspector refresher course, plus an additional half-day on management planning.
(2) A refresher course in any of the disciplines in accordance with sec.295.45(a) of this title (relating to Licensing: Asbestos Training Provider), must submit required information to the department as follows:
(A) the length of training;
(B) the topics covered in the course;
(C) a copy of all course materials;
(D) the names and qualifications of course instructors; and
(E) a description and an example of certificates issued to students who complete the refresher course.
(f) Issuance of certificate. The training provider shall:
(1) issue certificates with their social security numbers to students who successfully pass the training course's examination. The certificate shall indicate the name of the student and the course completed, the date of the course, and examination. Course administrators who offer refresher training courses must also provide certificates with all the information in subsection (e) of this section (except testing information);
(2) issue a wallet-size photo-identification card, including a description of the course completed, the effective date, and the social security number of the trainee; and
(3) submit the names and social security numbers of students receiving an accreditation to the department within 10 days of the completion date of each course.
(g) Course content and duration.
(1) Course content and duration shall:
(A) be as described in 40 Code of Federal Regulations (CFR), Part 763, Subpart E, Appendix C, titled, "Model Accreditation Plan for Inspectors, Management Planners, Abatement Project Designers, Asbestos Abatement Contractors and Supervisors and Asbestos Abatement Workers;" and
(B) contain other material as required by the department.
(2) Other courses not subject to 40 CFR, Part 763, Appendix C, will require the submission of similar information. See the details in sec.295.58 of this title (relating to Operations: Required Asbestos Training).
(h) Revocation or suspension of approval. The department may revoke or suspend approval if field site inspections indicate a training course is not providing training that meets the requirements of the model plan or these sections. Training course sponsors shall permit department representatives to attend, evaluate, and monitor any training course without charge. The inspection staff may not give advance notice of their inspections.
(i) Minimum number of instructors. Each course requiring approval according to the model accreditation plan shall require at least the minimum number of instructors for that course as specified by EPA.
sec.295.60. Operations: Operations and Maintenance (O&M) Activities.
(a) Operations and maintenance (O&M) activities are restricted to small-scale, short-duration work practices and engineering controls for tasks that result in the disturbance, dislodgment, or removal of asbestos in the course of performing repairs, maintenance, renovation, installation, replacement, or utility operations, as described in sec.295.51 of this title (relating to Operations: Adoption of Standards).
(b) Whenever asbestos abatement is the primary purpose of any operation or maintenance activity it must be performed by an abatement contractor and employees licensed under these sections.
(c) Persons engaged in the performance for other O&M affecting asbestos under contract or similar for-hire agreement shall be licensed as asbestos abatement contractors.
(d) Building owners or their management agents that would have employees perform operations, maintenance, or repair activities, as described in subsection (a) of this section within the buildings that they own or manage, must obtain a license as asbestos building management (restricted) according to s295.36 of this title (relating to Licensing: Asbestos Building Management (Restricted)).
(e) Asbestos O&M activities described in this section shall be performed by registered asbestos abatement workers and supervised by licensed operations and maintenance supervisors (restricted) or abatement project supervisors.
(f) EPA regulatory requirements for small-scale, short duration activities affecting asbestos are explained in detail in 40 Code of Federal Regulations (CFR), Part 763E, Appendix B, as amended. The same regulatory requirements of OSHA for these activities are explained in 29 CFR, sec.1926.58, Appendix G. The restricted activities of licensed building owners or their agents and O&M supervisors shall be confined to the work practices and procedures therein.
(g) Work practices shall include the following requirements.
(1) Employers shall be responsible for furnishing and requiring the use of respirators, protective clothing, HEPA vacuum machines, glove bags, and other necessary equipment for all who perform O&M activities.
(2) All persons not performing work shall be excluded from the work areas.
(3) Physical barriers shall be used where necessary to limit access to the work area.
(4) Airtight barriers, as described in sec.295.52 of this title (relating to Operations: Work Practices for Asbestos Abatement), shall be constructed for containment of asbestos fibers, or a glovebag technique may be used for removal or repair of asbestos containing materials on pipes or ducts.
(5) Asbestos material must be wetted with amended water and remain wet throughout the work operation.
(6) Asbestos exposed as a result of spot repairs shall be suitably enclosed or encapsulated.
(7) HEPA vacuuming or wet cleaning shall be used to decontaminate work areas and equipment until there is no visible debris.
(8) Asbestos shall be bagged and placed in containers, and disposed of in accordance with requirements to be found in sec.295.52.
sec.295.62. Licensing Operations: Inspections and Investigations.
(a) The Department of Health (department) shall maintain the right to inspect or investigate the practices of any person involved with asbestos-related activity in a public building.
(b) A department representative, upon presenting appropriate credentials, shall have the right to enter at all reasonable times any area or environment, including, but not limited to, any work area, building, construction site, storage, vehicle, or office area to inspect and investigate for compliance with these rules, to review records, to question any person, or to locate, identify, and assess the condition of asbestos and asbestos-containing materials.
(c) A department representative in pursuance of his official duties is not required to notify or seek permission to conduct inspections or investigations.
(d) Authority and responsibility for the qualifications, health status, and personal protection of department representatives resides with the department by law. A department representative shall not be impeded or refused entry in the course of his official duties by reason of any regulatory or contractual specification.
sec.295.66. Compliance: Policy of the Texas Department of Health. The Texas Department of Health's (department) policy is to gain compliance with these sections through voluntary efforts by all persons involved in asbestos-related activity in public buildings. Appropriate administrative and legal action will be sought where timely compliance is not accomplished. The type of action to be taken is within the discretion of the department.
sec.295.67. Compliance: Reprimand, Suspension, Revocation.
(a) After notice to the licensee and an opportunity for a hearing in accordance with subsection (d) of this section, the department may reprimand the licensee or modify, suspend, suspend on an emergency basis, or revoke a license under the Texas Asbestos Health Protection Act (the Act).
(b) If the Texas Department of Health (department) suspends a license on an emergency basis, the suspension is effective immediately. The department shall then provide an opportunity for a hearing in accordance with subsection (d) of this section within 20 days after the date of the emergency suspension.
(c) The department may reprimand any licensee, or may suspend, revoke, or refuse to issue or to renew a license for:
(1) failure to comply with any provision of the Act, any rule adopted by the Board of Health, any order issued by the department or a court;
(2) failure to comply with applicable federal or state standards for licensed asbestos activities;
(3) failure to maintain or falsification of records as required by these sections; and
(4) failure to meet the qualifications for which one holds a license; or fraudulently or deceptively obtaining or attempting to obtain a license or contract for an asbestos-related activity.
(d) The contested-case hearing provisions of the Administrative Procedure and Texas Register Act, Texas Civil Statutes, Article 6252-13a, shall apply to any enforcement action proposed to be taken under this section. The formal hearing procedures of the department in Chapter 1 of this title (relating to Texas Board of Health) shall also apply.
(e) If a license issued under this section has been suspended, the individual(s) and organization named in the suspension are not eligible to reapply for licensing under this section for one year.
(f) If a license issued under this section has been revoked, the individual(s) and organizations named in the revocation are not eligible to reapply for licensing under this section for three years.
sec.295.68. Compliance: Administrative Penalty.
(a) If a person violates the Texas Asbestos Health Protection Act (Act), or a rule adopted or order issued under the Act, the Texas Department of Health (department) may assess an administrative penalty.
(b) The penalty shall not exceed $10, 000 a day per violation. Each day a violation continues may be considered a separate violation.
(c) In assessing administrative penalties, the department shall consider the:
(1) history of previous violation(s);
(2) seriousness of the violation(s);
(3) the hazard to the health and safety of the public; and
(4) demonstrated good faith, and any other matter which justice may require.
(d) Violations shall be placed in one of the following severity levels.
(1) Severity Level I covers violations that are most significant and have a direct negative impact on public health and safety.
(2) Severity Level II covers violations that are significant and which, if not corrected, could threaten public health and safety.
(3) Severity Level III covers violations that are of more than minor significance and, if left uncorrected, could lead to more serious circumstances. This category shall include fraud and misrepresentation.
(e) The person charged with the violation will be given the opportunity for a hearing conducted in accordance with the applicable provisions of the Administrative Procedure and Texas Register Act, Texas Civil Statutes, Article 6252-13a, and the department's formal hearing procedures in Chapter 1 of this title (relating to Texas Board of Health).
(f) The hearing regarding a proposed administrative penalty may be consolidated with another hearing on an administrative penalty.
(g) If the person charged with the violation :w!: Command not found. health after the he/she has determined that a violation did occur and the amount of the penalty is warranted.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on September 12, 1991.
TRD-9111262
Robert A. MacLean, M.D.
Deputy Commissioner
Texas Department of Health
Proposed date of adoption: December 7, 1991
For further information, please call: (512) 459-1611
TITLE 28. INSURANCE
Part I. Texas Department of Insurance
Chapter 5. Property and Casualty Insurance
Subchapter C. Texas Medical Liability Insurance Underwriting Association
28 TAC sec.5.2002
The State Board of Insurance proposes an amendment to sec.5.2002, concerning the selection of members to the board of directors of the Texas Medical Liability Insurance Underwriting Association. The amendment is necessary to conform subsection (d) with recent legislation which amended the Insurance Code, Article 21.49-3. The amendment sets qualifications for directors and sets their term office and the manner and timing for their selection.
Kenneth P. McDaniel, director of professional liability insurance, has determined that, for 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 enforcing or administering the section, and there will be no impact on local employment or local economy.
Mr. McDaniel also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be increased representation of healthcare providers in the Texas Medical Liability Insurance Underwriting Association. There is no anticipated economic cost to small businesses or to other persons required to comply with the section as proposed.
Comments on the proposal may be submitted to Kenneth P. McDaniel, Director of Professional Liability Insurance, Mail Code 104-2B, State Board of Insurance, William P. Hobby State Office Building, 333 Guadalupe Street, P. O. Box 149104, Austin, Texas 78714-9104.
The amendment is proposed under the Insurance Code, Article 21.49-3, sec.3(c) which authorizes the State Board of Insurance to promulgate a plan of operation of the Texas Medical Liability Insurance Underwriting Association.
sec.5.2002. Operation of the Texas Medical Liability Insurance Underwriting Association.
(a)-(c) (No change.)
(d) Directors.
(1) <nl>Selection<ol> [Election]. At <nl>a special<ol> [the first annual] meeting of members <nl>to be held prior to October 1, 1991,<ol> and at each annual meeting [thereafter], the members shall elect <nl>five<ol> directors from among member companies <nl>for the categories set forth in paragraph (2)(B) and (C) of this subsection<ol> [to hold office until the next succeeding annual meeting]. <nl>Four directors shall be selected in the manner set forth in paragraph (2)(D)-(F) of this subsection. Members of the board of directors take office on October 1 of each year<ol>. [Such an elected director shall designate at least two individuals to act as primary and alternate representatives on its behalf.]
(2) Membership.
(A) The number of the directors of the association [to be elected at annual meetings] shall be nine.
(B) <nl>Three<ol> [Five] directors to be [so] elected <nl>in accordance with paragraph (1) of this subsection shall be elected by the members and<ol> shall be separate members of the association representing each of the following:
<nl>(i) National Association of Independent Insurers;
<nl>(ii) American Insurance Association; <nl>and
<nl>(iii) Alliance of American Insurers [; Association of Fire and Casualty Companies in Texas; and] insurer organized under the laws of and domiciled in the State of Texas.
<nl>(C) Two directors shall be elected by the members and shall be<ol>:
<nl>(i)<nl> a member insurer organized under the laws of and domiciled in the State of Texas; and<ol>[.]
<nl>(ii)<nl> a member insurer that is not a member of those associations described in subparagraph (B) of this paragraph.
<nl>(D) One director shall be a physician who is appointed by the Texas Medical Association or its successor.
<nl>(E) One director shall be a representative of hospitals appointed by the Texas Hospital Association or its successor.
<nl>(F) Two directors shall be members of the public to be appointed by the board.
<nl>(G) [The remaining four directors shall be any members elected by the members at the annual meeting.] No member <nl>of the board of directors <ol> shall fill more than one seat on the board of directors, and no member affiliated by ownership, management, or control shall simultaneously occupy seats on the board of directors. No later than 60 days prior to the annual meeting, the board of directors shall select a nominating committee of <nl>three <ol> [five] member companies. The <nl>three<ol> [five] directors representing the <nl>organizations set forth in subparagraph (B) of this paragraph<ol> (previously listed categories] shall be nominated by the nominating committee. The <nl>two<ol> [remaining four] directors <nl>described in subparagraph (C) of this paragraph<ol> may be nominated by any member of the association by submitting such nominee's name to the nominating committee. In order to be eligible for <nl>selection <ol>[election] to the board of directors <nl>by the members,<ol> a member must be nominated at least 30 days prior to the annual meeting at which <nl>such<ol> directors are <nl>selected <ol> [elected].
(3) Term of office. Unless removed in accordance with <nl>this subchapter<ol>, [these sections], each director shall hold office for the term of one year [from the date of election] or until a successor shall have been <nl>selected <ol> [elected] and qualified.
(4)-(15) (No change.)
(e)-(j) (No change.)
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on September 11, 1991.
TRD-9111235
Angelia Johnson
Assistant Chief Clerk
State Board of Insurance
Earliest possible date of adoption: October 18, 1991
For further information, please call: (512) 463-6327
Subchapter E. Texas Catastrophe Property Insurance Association
Standard Policy Forms-Windstorm and Hail
28 TAC sec.5.4201
(Editor's Note: The Texas Department of Insurance proposes for permanent adoption the amended section it adopts on an emergency basis in this issue. The text of the amended section is in the Emergency Rules section of this issue.)
The Texas Department of Insurance proposes an amendment to sec.5.4201, concerning the adoption by reference of standard Texas Catastrophe Property Insurance Association forms, windstorm and hail. The amendment adopts Form Number TCPIA-29, Texas Catastrophe Property Insurance Policy-Windstorm and Hail and Texas Special Mobile Home Windstorm and Hail Policy Mandatory Endorsement, for attachment to insurance policies effective through the Texas Catastrophe Property Insurance Association. The amendment is necessary to provide a mandatory form to incorporate new provisions into the Texas Catastrophe Property Insurance Policy-Windstorm and Hail and the Texas Special Mobile Home Windstorm and Hail Policy regarding the prompt payment of claims as set out under the Insurance Code Article 21.55, as provided by House Bill 2, enacted by the 72nd Texas Legislature. The new provisions provide for specific actions to be taken by the insured and the insurer within certain specified time periods for the prompt payment of claims. The rule is also amended to reflect the new address of the Texas Department of Insurance.
Lyndon Anderson, deputy commissioner, property division, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section.
Mr. Anderson 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 a more easily understood claims handling procedure with payment of claims on a more timely basis. There will be no effect on small business. There is no anticipated economic cost to persons who are required to comply with the section as proposed.
Comments on the proposal may be submitted to Lyndon Anderson, Deputy Commissioner, Property Division (Mail Code 103-1A), State Board of Insurance, 333 Guadalupe Street, P.O. Box 149104 Austin, Texas 78714-9104.
The amendment is proposed under the Insurance Code, Article 21.49 sec.8, which authorizes the State Board of Insurance to approve policy forms or endorsements for the Texas Catastrophe Property Insurance Association.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on September 12, 1991.
TRD-9111295
Angelia Johnson
Assistant Chief Clerk
Texas Department of Insurance
Earliest possible date of adoption: October 21, 1991
For further information, please call: (512) 463-6328
TITLE 31. NATURAL RESOURCES AND CONSERVATION
Part I. General Land Office
Chapter 21. Oil Spill Prevention and Response Hearings Procedures
31 TAC sec.sec.21.9, 21.10, 21.12, 21.41
The General Land Office proposes amendments to sec.21.9, concerning statement of grounds, sec.21.10, concerning docketing and notice, sec.21.12, concerning pleadings, and sec.21.41, concerning compliance or petition for judicial review. These amendments are proposed to redefine references, eliminate redundancy, and more clearly describe the classifications of pleadings.
Mr. Jim Phillips, General Counsel, 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. Phillips also has determined that for each year of the first five years the sections are in effect the public benefit anticipated as a result of enforcing the sections will be to provide clarification and eliminate confusion for individuals requesting hearings and to delete unnecessary language. Anticipated economic cost to persons who are required to comply with the proposed sections will be the same as those associated with preparing for and attending an administrative hearing if the individual requests one under Chapter 21.
Comments on the proposal may be submitted to Jim Phillips, General Land Office, 1700 North Congress Avenue, Austin, Texas 78701.
The amendments are proposed under Senate Bill 14, 72nd Legislature, 1991, which authorizes the commissioner to promulgate rules necessary and convenient to the administration of the Oil spill Prevention and Response Act of 1991.
sec.21.9. Statement of Grounds.
(a)-(d) (No change.)
(e) The time for submission of a statement of grounds will be automatically extended 15 days if the petitioner, having requested a hearing, requests an informal conference with the <nl>hearing examiner<ol> [hearings attorney] prior to the original date set for submission of the statement of grounds. In order to receive the automatic 15-day extension, the petitioner must file a letter with the administrative hearing clerk before the original date the statement of grounds is due which sets out the date and place of the informal conference, as agreed upon by the petitioner and the hearing examiner[, in order to receive the automatic 15-day extension].
sec.21.10. Docketing and Notice. When the administrative hearings clerk of the General Land Office receives a request for hearing or other pleading intended to initiate a hearing, the clerk shall determine whether the request for hearing or other pleading complies with these sections in form and content. If the request for hearing or other pleading complies with these sections in form and content, the clerk shall docket it as a pending proceeding, and shall number it in accordance with the established docket numbering system of the agency. Notice of such action shall be served on all parties of record. If the request for hearing or other pleading does not comply with these sections in form and content, the clerk shall return the request for hearing or other pleading to the sender <nl>to be amended in accordance with<ol> [as provided by] sec.21.12(d) of this title (relating to Pleadings).
sec.21.12. Pleadings.
(a) Classification of pleadings.
(1) A pleading is any written document filed by a party alleging its claim, its response to a claim, or its request for specific relief or action. [Pleadings may take the form of statement of grounds, pre-hearing and post-hearing briefs, applications, petitions, complaints, protests, exceptions, replies, motions, or answers.]
(2) (No change.)
(3) Pleadings shall be classified as applications or petitions, <nl>complaints, statement of grounds, pre-hearing and post-hearing briefs,<ol> protests, responses, exceptions, replies, [or] motions<nl>, or answers <ol>. Any error in the designation of a pleading shall not prevent it from being accorded its true status in the proceeding in which it is filed.
(b)-(e) (No change.)
sec.21.41. Rehearing. Except as provided in <nl>sec.21.45<ol> [sec.21.40(g)] of this title (relating to <nl>Emergency Order <ol> [Commissioner's Orders)], a motion for rehearing is a prerequisite to an appeal. A motion for rehearing must be filed by a party within 20 days after the date the party or the attorney of record is notified of the final decision or order as required by sec.21.40[(d)] of this title (relating to Commissioner's Orders). Replies to a motion for rehearing must be filed with the agency within 30 days after the date that the party or the attorney of record is notified of the final decision or order as required by sec.21.40[(d)]. If agency action is not taken within the 45-day period, the motion for rehearing is overruled by operation of law 45 days after the date the party or the attorney of record is notified of the final decision or order required by sec.21.40[(d)]. The commissioner may, by written order, extend the period of time for filing motions for rehearing and replies and for agency action on a motion for rehearing except that an extension may not extend the period for agency action beyond 90 days after the date that the parties of record are notified of the commissioner's order as required by <nl>sec.21.40<ol> [subsection (a) of this section]. In the event of an extension, the motion for rehearing is overruled by operation of law on the date fixed by the order or in the absence of a fixed date, 90 days after the date the party or his attorney of record is notified of the final decision or order as required by sec.21.40.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on September 12, 1991.
TRD-9111375
Garry Mauro
Commissioner
General Land Office
Earliest possible date of adoption: October 21, 1991
For further information, please call: (512) 463-5394
Part IX. Texas Water Commission
Chapter 335. Industrial Solid Waste and Municipal Hazardous Waste
Subchapter Q. Pollution Prevention: Source Reduction and Waste Minimization
31 TAC sec.sec.335.471-335.480
The Texas Water Commission (commission) proposes new sec. s335.471-335.480, concerning source reduction and waste minimization plans and reporting. The Texas Air Control Board (board) is also promulgating proposed rules program pollution prevention under a separate submission to the Texas Register . Interested persons should review that submission as well. The planning requirements of this subchapter will apply to five groups of generators and facilities with staggered implementation dates. Of the total volume of toxic release inventory (TRI) contaminants or pollutants released to land, air, and water, 95.8% will be included in the first group. The second group will bring in an additional 3.89% (99.69% total), the third group 0.2% (99.89%), the fourth group 0.09% (99.98%), and the fifth 0.02% (100%). The first group would also include 99.6% of the total volume of generated hazardous waste, the second group would include an additional 0.38% (99.98%), the third group 0.01% (99.99%), the fourth group 0.005% (99.995%), and the fifth group O.005% (100%).
It is the policy of the state to reduce pollution at its source and to minimize the impact of pollution in order to reduce the risk to public health and the environment and continue to enhance the quality of air, land, and waters of the state where feasible. Source reduction is the primary goal of the state in implementing this policy because hazardous wastes, pollutants, and contaminants that are not generated or produced pose no threat to the environment and eliminate societal management and disposal costs.
To further promote this policy, hazardous wastes, pollutants, and contaminants that cannot be reduced at the source should be minimized wherever possible. Waste minimization, while secondary in preference to source reduction, is an important means for achieving more effective protection of public health and the environment while moving toward source reduction.
New sec.335.471, for clarification purposes, includes the following definitions: "commission," "release," "small quantity generator," "tons," and "Toxic Release Inventory (TRI)."
New sec.335.472 delineates the pollutants and contaminants subject to source reduction and waste minimization planning. These pollutants and contaminants are as follows: all hazardous wastes generated; and all chemicals which exceed threshold reporting requirements pursuant to the Emergency Planning and Community Right-To-Know Act of 1986 ("EPCRA"), sec.313.
New sec.335.473 includes statutory language distinguishing facilities which are required to develop a source reduction and waste minimization plan. This subchapter applies to the following facilities: all large quantity generators of hazardous waste; all generators other than large quantity generators and conditionally exempt small quantity generators; and persons subject to sec.313, Title III, Superfund Amendments and Reauthorization Act of 1986 (42 United States Code, sec.11023) whose releases exceed the levels established under sec.335. 475.
New sec.335.474 includes statutory language which lists the specific requirements of a five-year (or more) source reduction and waste minimization plan. More detailed requirements are included for the executive summary and for small quantity generators.
New sec.335.475 sets forth five due dates for plan implementation and distinguishes these by the amount of hazardous waste reported or by the volume of TRI releases reported. According to this section, the implementation year shall be determined by the prior year's reported volumes, and the executive summary shall be submitted to the commission and the board on the date the plan is required to be in place.
New sec.335.476 corresponds with the plan schedule. There are five groups and each group, with the exception of the first group (which has seven months for the first reporting year), must submit their report a year and a month after their plan is in place. Facilities may only use approved forms for reporting. This section also sets the base line year at 1987, the earliest reporting year with the best data for hazardous waste generation and the first reporting year under TRI.
New sec.335.477 requires facilities which desire an exemption to come before the commission and the board, and, on a case-by-case basis, demonstrate based on individual circumstances why they might be qualified for an exemption. If an exemption is granted, it is valid only for the following year, but can be renewed, on an annual basis, by filing a new application. This section also provides standards and criteria for practical economic and technical completion of the plan.
New sec.335.478 includes statutory language that provides the commission or the board with the authority to review plans and reports for compliance.
New sec.335.479 includes statutory language stating that failure to meet the requirements of this subchapter is a violation of this chapter.
New sec.335.480 includes statutory language requiring facilities to provide an executive summary of the plan and the annual report for public review. This section also provides protection for a facility's trade information.
Karen P. Phillips, director of budget and planning, has determined that for the first five-year period the sections are in effect there will be fiscal implications as a result of enforcement of and compliance with the sections. The effect on state government will be an increase in cost of $150,000 in fiscal year 1992, $305,000 in fiscal year 1993 and $610,000 in each of the fiscal years 1994-1996. No effects are anticipated for local governments or small businesses that do not generate hazardous wastes or toxic releases in amounts subject to reporting and the provisions of these sections. The scope and complexity of plans developed under these rules, and their associated costs, will vary considerably from operator to operator. These costs will be determined based on individual objectives of generators and the specific conditions and circumstances of their operations. The costs to the large majority of generators is not expected to exceed $5,000 and in most cases will be significantly less. For the large generators of waste with complex manufacturing or waste management operations the costs could be much greater. Costs savings are likely to be realized by operators reducing waste management costs through implementation of waste reduction plans, but these savings must be determined on a case-by-case basis.
Ms. Phillips 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 reductions in the amount of hazardous wastes generated and toxic materials released to the environment and more effective utilization of the state's resources in regulation of waste management activities. There are no other effects anticipated for persons required to comply with the provisions of these sections.
Comments on the proposal may be submitted to Bob L. Warneke, Jr., Staff Attorney, Legal Division, Texas Water Commission, P.O. Box 13087, Austin, Texas 78711-3087. Comments will be accepted until 5 p.m., 30 days after the date of this publication. Persons submitting written comments on the proposal shall provide copies of their comments to both the commission and the board. For more information call (512) 463-8069.
The new sections are proposed under the Texas Water Code, sec.5.103, and the Texas Solid Waste Disposal Act, sec.361.024(a), which provide the commission with the authority to adopt any rules necessary to carry out the powers and duties under the provisions of the Texas Water Code and other laws of this state, and pursuant to the Texas Solid Waste Disposal Act, sec.361.017 and sec.361.024, the Texas Health and Safety Code, sec.361.435, as amended by Senate Bill 1099, 72nd Legislature, 1991, which provide the commission and the board with the authority to adopt requirements for source reduction and waste minimization plans. This rulemaking is a joint effort between the commission and the board. The board rules are proposed for 31 Texas Administrative Code sec.120.101, et seq.
sec.335.471. Definitions. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. Further, the following words and terms, as defined herein, shall only have application to this subchapter.
Acute hazardous waste-Hazardous waste listed by the Administrator of the United States Environmental Protection Agency under the federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act (RCRA) of 1976 (42 United States Code, sec.6901 et seq), because the waste meets the criteria for listing hazardous waste identified in 40 Code of Federal Regulations, s261.11(A)(2).
Board-The Texas Air Control Board.
Commission-The Texas Water Commission.
Committee-The waste reduction advisory committee established by the Texas Solid Waste Disposal Act, Health and Safety Code Annotated, s361.0215.
Conditionally exempt small-quantity generator-A generator that does not accumulate more than 1,000 kilograms of hazardous waste at any one time on his facility and who generates less than 100 kilograms of hazardous waste in any given month.
Environment-Water, air, and land and the interrelationship that exists among and between water, air, land, and all living things.
Facility-All buildings, equipment, structures, and other stationary items located on a single site or on contiguous or adjacent sites that are owned or operated by a person who is subject to this subchapter or by a person who controls, is controlled by, or is under common control with a person subject to this subchapter.
Generator and generator of hazardous waste -Have the meaning assigned by the Texas Solid Waste Disposal Act, Health and Safety Code Annotated, s361.131.
Large-quantity generator -A generator that generates, through ongoing processes and operations at a facility:
(A) more than 1,000 kilograms of hazardous waste in a month; or
(B) more than one kilogram of acute hazardous waste in a month.
Media and medium -Air, water, and land into which waste is emitted, released, discharged, or disposed.
Pollutant or contaminant-Includes any element, substance, compound, disease-causing agent, or mixture that after release into the environment and on exposure, ingestion, inhalation, or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, will or may reasonably be anticipated to cause death, disease, behavioral abnormalities, cancer, genetic mutation, physiological malfunctions, including malfunctions in reproduction, or physical deformations in the organism or its offspring. The term does not include petroleum, crude oil, or any fraction of crude oil that is not otherwise specifically listed or designated as a hazardous substance under sec.101(14)(A)-(F) of the environmental response law, nor does it include natural gas, natural gas liquids, liquefied natural gas, synthetic gas of pipeline quality, or mixtures of natural gas and synthetic gas.
Release-Any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment. The term does not include:
(A) a release that results in an exposure to a person solely within a workplace, concerning a claim that the person may assert against the person's employer;
(B) an emission from the engine exhaust of a motor vehicle, rolling stock, aircraft, vessel, or pipeline pumping station engine;
(C) a release of source, by-product, or special nuclear material from a nuclear incident, as those terms are defined by the Atomic Energy Act of 1954, as amended (42 United States Code, sec.2011 et seq), if the release is subject to requirements concerning financial protection established by the Nuclear Regulatory Commission under that Act, sec.170;
(D) for the purposes of the federal Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 United States Code, sec.9601 et seq) sec.104, or other response action, a release of source, by-product, or special nuclear material from a processing site designated under the Uranium Mill Tailings Radiation Control Act of 1978 (42 United States Code, sec.7912 and sec.7942) sec.102(a)(1) or sec.302(a); and
(E) the normal application of fertilizer.
Small quantity generator-A generator that generates through ongoing processes and operation at a facility:
(A) equal to or less than 1,000 kilograms but more than or equal to 100 kilograms of hazardous waste in a month; or
(B) equal to or less than one kilogram of acute hazardous waste in a month.
Source reduction -Has the meaning assigned by the federal Pollution Prevention Act of 1990, Public Law 101-508, sec.6603, 104 Stat. 1388.
Tons-2,000 pounds, also referred to as short tons.
Toxic release inventory (TRI)-A program which includes those chemicals on the list in Committee Print Number 99-169 of the United States Senate Committee on Environment and Public Works, titled "Toxic Chemicals Subject to the Emergency Planning and Community Right-To-Know Act of 1986 (EPCRA, 42 United States Code Annotated, sec.11023), s313" including any revised version of the list as may be made by the administrator of the Environmental Protection Agency (EPA).
Waste minimization -A practice that reduces the environmental or health hazards associated with hazardous wastes, pollutants, or contaminants. Examples may include reuse, recycling, neutralization, and detoxification.
sec.335.472. Pollutants and Contaminants. The following pollutants and contaminants are subject to source reduction and waste minimization planning:
(1) all hazardous wastes generated;
(2) All chemicals which exceed threshold reporting requirements pursuant to Emergency Planning and Community Right-to-Know Act, sec.313.
sec.335.473. Applicability. This subchapter applies to facilities which are required to develop a source reduction and waste minimization plan pursuant to the Waste Reduction Policy Act of 1991, Senate Bill 1099, or the regulations promulgated thereunder, including:
(1) all large quantity generators of hazardous waste;
(2) all generators other than large quantity generators and conditionally exempt small quantity generators as defined by the Health and Safety Code, sec.361.431(3);
(3) persons subject to sec.313, Title III, Superfund Amendments and Reauthorization Act of 1986 (Emergency Planning and Community Right-to-Know Act (EPCRA), 42 United States Code, sec.11023) whose releases exceed the levels established under sec.335. 475 of this title (relating Implementations Dates). These TRI covered facilities would be required to develop source reduction and waste minimization plans for only the TRI listed chemicals that exceed threshold quantities established under EPCRA.
sec.335.474. Source Reduction and Waste Minimization Plans. <ol> All persons identified under sec.335.473 of this title (relating to Applicability) shall prepare a five-year (or more) source reduction and waste minimization plan which may be updated annually as appropriate. Plans shall be updated as necessary to assure that there never exists a time period for which a plan is not in effect. Plans prepared under paragraphs (1)-(3) of this section shall contain a separate component addressing source reduction activities and a separate component addressing waste minimization activities.
(1) With the exception of small quantity generators which are subject to paragraph (3) of this section, the plan shall include, at a minimum:
(A) an initial survey that identifies:
(i) for facilities described in sec.335. 473(1), activities that generate hazardous waste; and
(ii) for facilities described in sec.335.473(3), activities that result in the release of pollutants or contaminants designated under sec.335.472 of this title (relating to Pollutants and Contaminations);
(B) based on the initial survey, a prioritized list of economically and technologically feasible source reduction and waste minimization projects;
(C) an explanation of source reduction or waste minimization projects to be undertaken, with a discussion of technical and economic considerations, and environmental and human health risks considered in selecting each project to be undertaken;
(D) an estimate of the type and amount of reduction anticipated;
(E) a schedule for the implementation of each source reduction and waste minimization project;
(F) source reduction and waste minimization goals for the entire facility, including incremental goals to aid in evaluating progress;
(G) an explanation of employee awareness and training programs to aid in accomplishing source reduction and waste minimization goals;
(H) certification by the owner of the facility, or, if the facility is owned by a corporation, by an officer of the corporation that owns the facility who has the authority to commit the corporation's resources to implement the plan, that the plan is complete and correct;
(I) identification of cases in which the implementation of a source reduction or waste minimization activity designed to reduce risk to human health or the environment may result in the release of a different pollutant or contaminant or may shift the release to another medium; and
(J) an executive summary of the plan which shall include at a minimum:
(i) a description of the facility which shall include:
(I) name of the facility;
(II) address;
(III) contact;
(IV) general description of the facility; and
(V) TACB account number, TWC solid waste notice of registration number, TWC wastewater permit number, EPA identification number (RCRA number), National Pollutant Discharge Elimination System (NPDES) permit number, and underground injection well code identification number.
(ii) a list of all hazardous wastes generated and the volume of each;
(iii) a list of all reportable TRI releases and the volume of each;
(iv) a prioritized list of chemicals to be reduced;
(v) a statement of reduction goals;
(vi) an explanation of environmental and human health risks considered in determining reduction goals;
(vii) implementation milestones for individual project development;
(viii) an implementation schedule for future reduction goals; and
(ix) identification and description of cases in which the implementation of source reduction or waste minimization activity designed to reduce risk to human health or the environment may result in the release of a different pollutant or contaminant or may shift the release to another medium. Included in this description shall be a discussion of the change in characteristic of the normal waste stream or release and how it will be managed in that affected medium.
(2) The source reduction and waste minimization plan may also include:
(A) a discussion of the person's previous efforts at the facility to reduce risk to human health and the environment or to reduce the generation of hazardous waste or the release of pollutants or contaminants;
(B) a discussion of the effect changes in environmental regulations have had on the achievement of the source reduction and waste minimization goals;
(C) the effect that events the person could not control have had on the achievement of the source reduction and waste minimization goals;
(D) a description of projects that have reduced the generation of hazardous waste or the release of pollutants or contaminants; and
(E) a discussion of the operational decisions made at the facility that have affected the achievement of the source reduction or waste minimization goals or other risk reduction efforts.
(3) The plans of small quantity generators shall include, at a minimum:
(A) a description of the facility which shall include:
(i) name of the facility;
(ii) address;
(iii) contact;
(iv) general description of the facility; and
(v) TACB account number, TWC solid waste notice of registration number, TWC wastewater permit number, EPA identification number (RCRA number), NPDES permit number, and underground injection well code identification number.
(B) a list of all hazardous wastes generated and the volume of each;
(C) a list of all reportable TRI releases and the volume of each;
(D) a prioritized list of chemicals to be reduced;
(E) a statement of reduction goals;
(F) information on environmental and human health risks, such as material safety data sheets or other available documentation, considered in determining reduction goals;
(G) implementation milestones for individual project development;
(H) an implementation schedule for future reduction goals; and
(I) identification and description of cases in which the implementation of a source reduction or waste minimization activity designed to reduce risk to human health or the environment may result in the release of a different pollutant or contaminant or may shift the release to another medium. Included in this description shall be a discussion of the change in characteristic of the normal waste stream or release and how it will be managed in that affected medium.
sec.335.475. Implementation Dates. All facilities subject to this subchapter shall develop a source reduction and waste minimization plan. The implementation year shall be determined by the prior year's reported volumes of hazardous waste generated and/or total TRI releases. A facility once subject to this subchapter shall remain subject until it no longer meets the requirements of sec.335.473 of this title (relating to Applicability) or are exempted under sec.335.477 of this title (relating to Exemptions). Volumes for calculations will be based on total hazardous waste generated and/or total TRI releases. The executive summary shall be submitted to the commission and the board on the date the plan is required to be in place. Plan implementation will be according to the following schedule.
(1) The source reduction and waste minimization plan shall be in place, available for review, and shall be implemented no later than July 1, 1993 for:
(A) hazardous waste generators reporting 5,000 tons or more; or
(B) TRI facilities reporting 100 tons or more.
(2) The source reduction and waste minimization plan shall be in place, available for review, and shall be implemented no later than January 1, 1994 for:
(A) hazardous waste generators reporting less than 5,000 tons but more than or equal to 500 tons; or
(B) TRI facilities reporting less than 100 tons but more than or equal to 10 tons.
(3) The source reduction and waste minimization plan shall be in place, available for review, and shall be implemented no later than January 1, 1995 for:
(A) hazardous waste generators reporting less than 500 tons but more than or equal to 15 tons; or
(B) TRI facilities reporting less than 10 tons but more than or equal to five tons.
(4) The source reduction and waste minimization plan shall be in place, available for review, and shall be implemented no later than January 1, 1996 for:
(A) hazardous waste generators reporting less than 15 tons but more than or equal to five tons; or
(B) TRI facilities reporting less than five tons but more than or equal to one ton.
(5) The source reduction and waste minimization plan shall be in place, available for review, and shall be implemented no later than January 1, 1997 for:
(A) hazardous waste generators reporting less than five tons but greater than 1.023 tons (1,000 kilograms); or
(B) TRI facilities reporting less than one ton.
(6) After the effective date of this subchapter, any facility which becomes subject to the requirement to have a source reduction and waste minimization plan, either within 90 days prior to or at any time following the dates referenced in paragraphs (1)-(5) of this section, shall have 90 days to have the plan in place and available for review.
sec.335.476. Reports and Recordkeeping. All persons required to develop a source reduction and waste minimization plan for a facility under this subchapter shall submit to the commission and the board an annual report and a current executive summary of the plan according to the schedule outlined in paragraph (4) of this section.
(1) The report shall detail the facility's progress in implementing the source reduction and waste minimization plan and include:
(A) an assessment of the progress toward the achievement of the facility source reduction goal and the facility waste minimization goal;
(B) a statement to include, for facilities described in sec.335.473(1) of this title (relating to Applicability), the amount of hazardous waste generated and, for facilities described in sec.335.473(3), the amount of the release of reportable pollutants or contaminants designated under the Texas Solid Waste Disposal Act, Health and Safety Code Annotated sec.361. 433(c) in the year preceding the report, and a comparison of those amounts with the amounts generated or released using 1987 as the base year.
(C) any modification to the plan.
(2) The report may include:
(A) a discussion of the person's previous effort at the facility to reduce hazardous waste or the release of pollutants or contaminants through source reduction or waste minimization;
(B) a discussion of the effect changes in environmental regulations have had on the achievement of the source reduction and waste minimization goals;
(C) the effect that events the person could not control have had on the achievement of the source reduction and waste minimization goals; and
(D) a discussion of the operational decisions the person has made that have affected the achievement of the source reduction and waste minimization goals.
(3) The report shall contain a separate component addressing source reduction activities and a separate component addressing waste minimization activities.
(4) The report and the executive summary of the plan shall be submitted according to the following schedule and annually thereafter.
(A) For all facilities meeting the specifications of sec.335.475(1) of this title (relating to Implementation Dates), the first report will be due on or before February 1, 1994. The report will cover calendar year 1993.
(B) For all facilities meeting the specifications of sec.335.475(2), the first report will be due on or before February 1, 1995. The report will cover calendar year 1994.
(C) For all facilities meeting the specifications of sec.335.475(3), the first report will be due on or before February 1, 1996. The report will cover calendar year 1995.
(D) For all facilities meeting the specifications of sec.335.475(4), the first report will be due on or before February 1, 1997. The report will cover calendar year 1996.
(E) For all facilities meeting the specifications of sec.335.475(5), the first report will be due on or before February 1, 1998. The report will cover calendar year 1997.
(5) Base line data from the calendar year 1987 shall be used in developing each of the first reports referred to in paragraph (4) of this section.
(6) The report shall be submitted on forms furnished or approved by the executive directors of the commission and the board and shall contain at a minimum the information specified in paragraph (1) of this section. Upon written request by the facility, the executive directors may authorize a modification in the reporting period.
sec.335.477. Exemptions.
(a) This subchapter does not apply to:
(1) conditionally exempt small-quantity generators; and
(2) facilities regulated by the Railroad Commission of Texas under the Natural Resources Code, sec.91.101 or s141.012.
(b) Owners and operators of facilities listed in sec.335.473 of this title (relating to Applicability), may apply on a case-by-case basis, to the executive directors of the commission and the board for an exemption from this subchapter. The executive directors of the commission and board may grant an exemption if the applicant demonstrates that sufficient reductions have been achieved. If an exemption is granted, it is valid only for the following year, but can be renewed, on an annual basis, by filing a new application. The executive directors' decision will be based upon the following standards and criteria for determining practical economic and technical completion of the plan:
(1) the facility has reduced the amount of pollutants and contaminants being generated or released by 90% since the base year;
(2) potential impact on human health and the environment of any remaining hazardous waste generated, or pollutant or contaminant released; and
(3) a demonstration that additional reductions are not economically and technically feasible.
sec.335.478. Administrative Completeness. The commission or the board may review a source reduction and waste minimization plan or annual report to determine whether the plan or report complies with this subchapter.
sec.335.479. Enforcement. Failure to have a source reduction and waste minimization plan in accordance with this subchapter or failure to submit a source reduction and waste minimization annual report in accordance with this subchapter is a violation of this chapter.
sec.335.480. Confidentiality.
(a) A source reduction and waste minimization plan shall be maintained at each facility owned or operated by a person and/or generator who is subject to this subchapter and shall be available to commission or board personnel for inspection. The source reduction and waste minimization plan is not a public record for the purposes of Chapter 434, Acts of the 63rd Legislature, 1973 (Texas Civil Statutes, Article 6252-17a).
(b) The executive summary of the plan and the annual report are public records. On request, the person and/or generator shall make available to the public a copy of the executive summary of the plan or annual report.
(c) If an owner or operator of a facility for which a source reduction and waste minimization plan has been prepared shows to the satisfaction of the commission or board that an executive summary of the plan, annual report, or portion of a summary or report prepared under this subchapter would divulge a trade secret if made public, the commission or board shall classify as confidential the summary, report, or portion of the summary or report.
(d) To the extent that a plan, executive summary, annual report, or portion of a plan, summary, or annual report would otherwise qualify as a trade secret, an action by the commission or board or an employee of the commission or board does not affect its status as a trade secret.
(e) Information classified by the commission or board as confidential under this section is not a public record for purposes of Chapter 424, Acts of the 63rd Legislature, 1973 (Texas Civil Statutes, Article 6252-17a), and may not be used in a public hearing or disclosed to a person outside the commission or board unless a court decides that the information is necessary for the determination of an issue being decided at the public hearing.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on September 16, 1991.
TRD-9111401
Jim Haley
Director, Legal Division
Texas Water Commission
Earliest possible date of adoption: October 21, 1991
For further information, please call: (512) 463-8069
TITLE 40. SOCIAL SERVICES AND ASSISTANCE
Part I. Texas Department of Human Services
Chapter 27. Intermediate Care Facilities for the Mentally Retarded (ICF-MR)
The Texas Department of Human Services (DHS) proposes the repeal of sec.27. 417 and an amendment to sec.27.413, concerning DHS's case mix pilot project and rate setting methodology. The purpose of the repeal and amendment is to revise the reimbursement methodology for the special children's facilities which currently are being reimbursed under the case mix payment pilot project.
Provisions of the proposed methodology are:
Each children's facility resident care rate component will be the greater of the uniform statewide resident care rate component for that facility's class of service, or the facility's projected resident care per diem cost plus a margin equal to 3.0% of the median resident care per diem cost component for that facility's class.
The all other rate component will be equal to the uniform statewide all other rate component.
The total reimbursement rate for each children's facility will be equal to the sum of the resident care rate component and the all other rate component.
Since provision is made to cover resident care costs plus a margin, the children's facilities will not be eligible for the supplemental reimbursement for heavy-care clients.
Burton F. Raiford, interim commissioner, has determined that for the first five-year period the repeal and section are in effect there will be fiscal implications as a result of enforcing or administering the repeal and section. The effect on state government for the first five-year period the repeal and section are in effect is an estimated reduction in cost of $109,189 for fiscal year 1992; $168,167 for fiscal year 1993; $177,434 for fiscal year 1994; $186, 093 for fiscal year 1995; and $194,889 for fiscal year 1996. There will be no fiscal implications for local government or small businesses as a result of enforcing or administering the repeal and section.
Mr. Raiford also has determined that for each year of the first five years the repeal and section are in effect the public benefit anticipated as a result of enforcing the repeal and section will be a better understanding of the reimbursement methodology by providers and the rates will more closely reflect the direct care costs incurred by the provider to care for children. There is no anticipated economic cost to persons who are required to comply with the repeal and section.
Questions about the content of the proposal may be directed to Glenn Hart at (512) 450-4049 in DHS's Provider Reimbursement Department. Comments on the proposal may be submitted to Nancy Murphy, Agency Liaison, Policy and Document Support-230, Texas Department of Human Services E-503, P.O. Box 149030, Austin, Texas 78714-9030, within 30 days of publication in the Texas Register.
40 TAC sec.27.413
The amendment is proposed under the Human Resources Code, Title 2, Chapters 22 and 32, which provides the department with the authority to administer public and medical assistance programs.
sec.27.413. Rate Setting Methodology.
(a)-(b) (No change.)
(c) Rate determination. The Texas Board of Human Services determines general reimbursement rates for medical assistance programs for Medicaid recipients under the provisions of Chapter 24 of this title (relating to Reimbursement Methodology). The Texas Board of Human Services determines particular reimbursement rates for each class of ICF-MR provider by class of service based on consideration of DHS staff recommendations. To develop a separate set of reimbursement rate recommendations for each class of service within each provider class, DHS staff apply the following procedures.
(1) -(2) (No change.)
<nl>(3) Alternate children's facility reimbursement rates for selected children's facilities are determined as follows.
<nl>(A) Definition of children. When referred to in this section, children are persons under 22 years of age.
<nl>(B) Determination of eligibility. To be considered eligible for alternate children's facility reimbursement rates, a facility must be one of the selected facilities listed in clause (i) of this subparagraph and must meet the definition of a children's facility as defined in clause (ii) of this subparagraph.
<nl>(i) <nl>Selected facilities. Selected facilities must be one of the following facilities covered by the Royal Thomas v. Marlin Johnston lawsuit Settlement Agreement:
<nl>(I) Ada Wilson Hospital, Vendor Number 3730;
<nl>(II) The Children's Center of Austin, Vendor Number 3731;
<nl>(III) Thomas Care Center, Vendor Number 3747;
<nl>(IV) Human Development Center, Vendor Number 3751;
<nl>(V) Crossroads Development Center, Vendor Number 3756; and
<nl>(VI) Denton Development Center, Vendor Number 3764.
<nl>(ii)<nl> Definition of children's facility. When referred to in this section, a children's facility is a facility which maintains a census of no less than 85% children. A selected facility will automatically lose eligibility and be paid under the uniform statewide reimbursement rate when the facility's census falls below 85% children.
<nl>(C) Determination of alternative children's facility rates.
<nl>(i)<nl> Calculation of resident care cost component. An eligible children's facility's per diem resident care cost component is the greater of:
<nl>(I) the uniform statewide resident care rate component for that facility's class of service; or
<nl>(II) the facility's own projected resident care per diem cost plus an incentive factor equal to 3.0% of the median resident care per diem cost component in the array of all facilities in that class. A facility's total resident care cost component, including the incentive factor, must not exceed the resident care cost center projected median day of service as calculated according to paragraph (1) of this subsection, multiplied by two.
<nl>(ii)<nl> Total children's facility rates. The total reimbursement rate for each eligible children's facility is equal to the sum of the resident care cost component, as determined according to clause (i) of this subparagraph, and the statewide uniform All Other cost component.
<nl>(D) Additional supplemental reimbursement. Since provision is made to ensure that reasonable and necessary resident care costs are covered, and an incentive is provided, the selected children's facilities covered by the Royal Thomas v. Marlin Johnston lawsuit Settlement Agreement do not qualify for additional supplemental reimbursement for heavy-care clients as determined under subsection (f) of this section.
(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 authority to adopt.
Issued in Austin, Texas on September 16, 1991.
TRD-9111392
Nancy Murphy
Agency liaison, Policy and Document Support
Texas Department of Human Services
Proposed date of adoption: January 1, 1992
For further information, please call: (512) 450-3765
Subchapter D. Reimbursement Methodology
40 TAC sec.27.417
(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 Human Resources Code, Title 2, Chapters 22 and 32, which provides the department with the authority to administer public and medical assistance programs.
sec.27.417. Case Mix Payment Pilot Project.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on September 16, 1991.
TRD-9111393
Nancy Murphy
Agency liaison, Policy and Document Support
Texas Department of Human Services
Proposed date of adoption: January 1, 1992
For further information, please call: (512) 450-3765
Chapter 47. Primary Home Care
General Provisions
40 TAC sec.47.1903
The Texas Department of Human Services (DHS) proposes an amendment to sec.47. 1903, concerning staffing requirements, in its Primary Home Care chapter. The purpose of the amendment is to change the requirements concerning special attendants, in order to expand the availability of attendants for primary home care clients.
Burton F. Raiford, interim commissioner, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section.
Mr. Raiford 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 access to a larger pool of staff from which to select an attendant. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the proposed section.
Questions about the content of this proposal may be directed to Maria Montoya at (512) 450-3155 in DHS's Long-Term Care Department. Comments on the proposal may be submitted to Nancy Murphy, Policy and Document Support-236, Texas Department of Human Services E-503, P.O. Box 149030, Austin, Texas 78714-9030, within 30 days of publication in the Texas Register .
The amendment is proposed under the Human Resources Code, Title 2, Chapters 22 and 32, which authorizes the department to administer public and medical assistance programs.
sec.47.1903. Staffing Requirements.
(a)-(b) (No change.)
(c) The two types of attendants are as follows.
(1) (No change.)
(2) Special attendants. Special attendants may be used to initiate services, prevent a break in service, or provide ongoing services. Although special attendants are required to receive the general orientation specified in paragraph (1) of this subsection, they do not have to receive it in the client's home as long as they meet the following requirements.
(A) (No change.)
(B) The special attendant must either:
(i) (No change.)
(ii) meet the following requirements:
(I) have six continuous months of experience in delivering personal care tasks in family care or primary home care; <nl>and
(II) have demonstrated competency in providing personal care tasks to the satisfaction of the RN supervisor; [and] <nl> or
<nl>(III) be listed as a nurses aide on the Texas Department of Health nurse aide registry.
[(III) have received seven hours of classroom training, conducted by a registered nurse, that addresses:
[(-a-) interpersonal skills in dealing with clients and families;
[(-b-) provision of personal care tasks;
[(-c-) basic nutrition and special dietary needs; and
[(-d-) first aid, safety, and emergency procedures.]
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on September 16, 1991.
TRD-9111391
Nancy Murphy
Agency liaison, Policy and Document Support
Texas Department of Human Services
Proposed date of adoption: November 29, 1991
For further information, please call: (512) 450-3765
Texas Department of Insurance Exempt Filing
Notifications Pursuant to the Insurance Code, Chapter 5, Subchapter L
(Editor's note: As required by the Insurance Code, Article 5.96 and Article 5.97, the Texas Register publishes notice of proposed actions by the Texas Board of Insurance. Notice of action proposed under Article 5.96 must be published in the Texas Register not later than the 30th day before the Board adopts the proposal. Notice of action proposed under Article 5.97 must be published in the Texas Register not later than the 10th day before the Board adopts the proposal. The Administrative Procedure and Texas Register Act, Article 6252-13a, Texas Civil Statutes, does not apply to Board action under Articles 5.96 and 5.97.
The complete text of the proposal summarized here may be examined in the offices of the Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas 78714-9104.)
The Texas Department of Insurance, at a board meeting scheduled for 8:30 a.m. , October 24, 1991, in Room 100 of the Texas Department of Insurance Building, 333 Guadalupe Street in Austin, will consider an amendment to Rule IV(a) of the rules and regulations of the Texas Workers' Compensation Insurance Facility (the Facility). The proposed rule includes requiring that applications for coverage in the Facility must be submitted no later than 21 calendar days prior to the date on which existing coverage expires or the date on which the employer desires coverage to begin. If possible, such coverage will be bound with an effective date to coincide with the expiration date of the existing coverage or on the date designated by the employer. The Facility would have no less than 21 calendar days to review an application prior to binding coverage.
Copies of the full text of the proposed amendment to Rule IV(a) of the Facility's rules and regulations are available for review in the office of the Chief Clerk of the Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas 78714-9104.
This notification is made pursuant to the Insurance Code, Article 5.96, which exempts it from the requirements of the Administrative Procedure and Texas Register Act.
This agency hereby certifies that the rule as proposed has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Issued in Austin, Texas, on September 13, 1991.
TRD-9111368
Angelia Johnson
Assistant Chief Clerk
Texas Department of Insurance
For further information, please call: (512) 463-6328
The Texas Department of Insurance at a board meeting scheduled for 8:30 a.m., October 24, 1991, in Room 100 of the Texas Department of Insurance Building, 333 Guadalupe Street in Austin, will consider an amendment to the Texas Basic Manual of Rules, Classifications and Rates for Workers' Compensation and Employers' Liability Insurance <ol> pertaining to the Assigned Risk Rating Program. The proposed amendment includes amending the eligibility requirements for this retrospective rating program from $25,000 to $10,000 and adjusting the Table of Maximum Premium Factors accordingly.
Copies of the full text of the proposed changes to the Texas Basic Manual of Rules, Classifications and Rates for Workers' Compensation and Employers' Liability<ol> pertaining to the Assigned Risk Rating Program are available for review in the office of the Chief Clerk of the Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas 78714-9104.
This notification is made pursuant to the Insurance Code, Article 5.96, which exempts it from the requirements of the Administrative Procedure and Texas Register Act.
This agency hereby certifies that the rule as proposed has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Issued in Austin, Texas, on September 13, 1991.
TRD-9111369
Angelia Johnson
Assistant Chief Clerk
Texas Department of Insurance
For further information, please call: (512) 463-6328
The Texas Department of Insurance at a board meeting scheduled for 8:30 a.m., October 24, 1991, in Room 100 of the Texas Department of Insurance Building, 333 Guadalupe Street in Austin, will consider an amendment to Rule III of the rules and regulations of the Texas Workers' Compensation Insurance Facility (the Facility). The proposed rule includes requiring that an application submitted to the Facility be accompanied by written notices of rejection of the applicant as a workers' compensation insurance risk, signed by a duly authorized officer or agent of the non-affiliated rejecting companies. Such duly authorized officer or agent of the rejecting company may not be the producer of record.
Copies of the full text of the proposed amendment to Rule III of the rules and regulations of the Facility are available for review in the office of the Chief Clerk of the Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas 78712-9104.
This notification is made pursuant to the Insurance Code, Article 5.96, which exempts it from the requirements of the Administrative Procedure and Texas Register Act.
This agency hereby certifies that the rule as proposed has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Issued in Austin, Texas, on September 13, 1991.
TRD-9111370
Angelia Johnson
Assistant Chief Clerk
Texas Department of Insurance
For further information, please call: (512) 463-6328
The Texas Department of Insurance at a board meeting scheduled for 8:30 a.m., October 24, 1991, in Room 100 of the Texas Department of Insurance Building, 333 Guadalupe Street in Austin, will consider an amendment to Rule X(f) of the rules and regulations of the Texas Workers' Compensation Insurance Facility (the Facility). The proposed rule includes establishing a formula for the calculation, declaring, and levying assessments against member companies so as to maintain the assigned risk pool fund on an actuarially sound basis.
For each calendar year prior to 1991, the Facility shall calculate annually its operating results by calendar year. All incurred losses, including incurred but not reported losses, occurring on or before December 31, 1990 and any future development of those losses, shall be allocated to calendar year 1990. If there is a deficit or surplus from operations for a calendar year, the amount of the deficit or surplus shall be assessed or rebated to the insurance carriers licensed in this state who were members of the Facility during the calendar year.
For calendar year 1991 and succeeding calendar years, the Facility shall calculate annually its operating results including incurred losses and incurred but not reported losses on an accident year basis. Each accident year will remain open for four succeeding calendar years to allow losses to develop. Any development on losses for an accident year beyond the fourth year shall be accounted for in the next open accident year. If there is a deficit or surplus from operations for an accident year, the amount of the deficit or surplus shall be assessed or rebated to the insurance carriers licensed in this state who were members of the Facility during the accident year. Each insurance carrier shall pay a proportion of the total assessment or receive a proportion of the total rebate based on its proportion of the total voluntary workers' compensation insurance writings during the corresponding calendar year.
Beginning with calendar year 1990, assessments shall be calculated on a present value basis using a discount rate to be determined by the governing committee.
Copies of the full text of the proposed amendment to Rule X(f) of the Facility's rules and regulations are available for review in the office of the Chief Clerk of the Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas 78714-9104.
This notification is made pursuant to the Insurance Code, Article 5.96, which exempts it from the requirements of the Administrative Procedure and Texas Register Act.
This agency hereby certifies that the rule as proposed has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Issued in Austin, Texas, on September 13, 1991.
TRD-9111371
Angelia Johnson
Assistant Chief Clerk
Texas Department of Insurance
For further information, please call: (512) 463-6328
The Texas Department of Insurance at a board meeting scheduled for 8:30 a.m., October 24, 1991, in Room 100 of the Texas Department of Insurance Building, 333 Guadalupe Street in Austin, will consider an amendment to Rule IX of the Texas Basic Manual of Rules, Classifications and Rates for Workers' Compensation and Employmrs' Liability Insurance<ol> pertaining to employee leasing firms by adding a new paragraph F entitled "Employee Leasing Arrangements" and by amending the Texas Amendatory Endorsement. The proposed rule distinguishes between the "temporary workers," the "independent contractor, " and the "leased worker." In addition, the proposed rule includes a provision that a "client company" that leases all or a portion of its "workers" from an "employee leasing firm" is responsible for providing workers' compensation insurance for the workers it leases.
The proposed rule also includes that coverage must be provided using a standard workers' compensation policy issued in the name of the client company. The client company shall maintain and make available to the insurer all records needed for the determination of classifications and payrolls applicable to that policy. An employee leasing firm shall not be considered an employer for purposes of the Alternate Employer Endorsement if that endorsement is part of the client company's workers' compensation policy. All provisions of the Basic Manual of Rules, Classifications and Rates for Workers' Compensation and Employers' Liability Insurance <ol> and the Experience Rating Plan Manual<ol> apply to the client company's workers' compensation insurance irrespective of the presence or absence of leased workers. The proposed amendment to the Texas Amendatory Endorsement includes an amendment to the provision of "Who Is Insured" by adding that if you are an "employee leasing firm" you are insured, but with respect to "lease workers" only while they: are under your direct control and supervision; and are not at any work place of the "client company."
As an alternative, if the previous proposed rule is not adopted by the board, the Texas Workers' Compensation Insurance Facility (the Facility) requests an order authorizing the Facility to require employee leasing companies to pay a deposit premium of 100% of the estimated annual premium and post a surety bond in an amount to be determined by the executive director.
Copies of the full text of the proposed changes to Rule IX of the Workers' Compensation Manual and to the Texas Amendatory Endorsement are available for review in the office of the Chief Clerk of the Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas 78714-9104.
This notification is made pursuant to the Insurance Code, Article 5.96, which exempts it from the requirements of the Administrative Procedure and Texas Register Act.
This agency hereby certifies that the rule as proposed has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Issued in Austin, Texas, on September 13, 1991.
TRD-9111372
Angelia Johnson
Assistant Chief Clerk
Texas Department of Insurance
For further information, please call: (512) 463-6328
The Texas Department of Insurance at a board meeting scheduled for 8:30 a.m., October 24, 1991, in Room 100 of the Texas Department of Insurance Building, 333 Guadalupe Street in Austin, will consider an amendment to Article XII, sec.4c of the By-Laws of the Texas Workers' Compensation Insurance Facility which pertains to the small premium policy plan. The proposed amendment to the By-Laws includes increasing the estimated number of small premium policies from 90,000 to 120,000. By increasing the number of small premium policies, then each designated insurers' proportionate share of small premium policies to be written will also be increased.
Copies of the full text of the proposed changes to Article XII, sec.4c of the By-Laws of the Texas Workers' Compensation Insurance Facility are available for review in the office of the Chief Clerk of the Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas 78714-9104.
This notification is made pursuant to the Insurance Code, Article 5.96, which exempts it from the requirements of the Administrative Procedure and Texas Register Act.
This agency hereby certifies that the rule as proposed has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Issued in Austin, Texas, on September 13, 1991.
TRD-9111373
Angelia Johnson
Assistant Chief Clerk
Texas Department of Insurance
For further information, please call: (512) 463-6328
Notice is hereby given that a meeting will be held before the Texas Department of Insurance on Wednesday, October 2, 1991, beginning at 8:30 a.m. in the hearing room of the Texas Department of Insurance, 333 Guadalupe Street, Austin.
The purpose of the meeting is to consider the repeal of the current Texas General Liability Experience Rating Plan and the Texas Composite Rating Plan, in order to be in compliance with House Bill 2 and House Bill 62, which require all carriers to file their own rating plans.
Copies of the Texas General Liability Experience Rating Plan and Composite Rating Plan are available for review in the General Liability Department of the Texas Department of Insurance, 333 Guadalupe Street, Austin.
This notification is made pursuant to the Insurance Code, Article 5.97, which exempts it from the requirements of the Administrative Procedure and Texas Register Act.
Issued in Austin, Texas, on September 13, 1991.
TRD-9111350
Angelia Johnson
Assistant Chief Clerk
Texas Department of Insurance
Filed: September 13, 1991
For further information, please call: (512) 463-6327
TAC Titles Affected
TAC Titles Affected--September
The following is a list of the administrative rules that have
been published this month.
****TITLE 1. ADMINISTRATION
***Part IV. Office of
the Secretary of State
1 TAC sec.sec.81.100-81.133--5169
1 TAC sec.sec.81.100-81.138--5170
***Part V. State Purchasing
and General Services Commission
1 TAC sec.113.6, sec.113.10--4913
1 TAC sec.113.10--4939, 4939
1 TAC sec.113.34--4913
***Part VI. Texas Surplus
Property Agency
1 TAC sec.143.1--5174
***Part XIII. Texas Incentive
and Productivity Commission
1 TAC sec.sec.273.1, 273.3, 273.9--5023
1 TAC sec.sec.273.1, 273.3, 273.9, 273.15--4835
1 TAC sec.sec.275.1, 275.6, 275.13, 275.17--5023
1 TAC sec.sec.275.1, 275.3, 275.5, 275.7, 275.9, 275.13,
275.15, 275.17, 275.19, 275.21--4939
1 TAC sec.289.1--4940
1 TAC sec.sec.291.1, 291.3, 291.5--4940
1 TAC sec.sec.293.1, 293.3, 293.5--4940
1 TAC sec.295.1--4940
1 TAC sec.sec.297.1, 297.3, 297.5--4940
****TITLE 7. BANKING AND SECURITIES
***Part VI. Credit Union
Department
7 TAC sec.91.402--4914, 4937
****TITLE 10. COMMUNITY DEVELOPMENT
***Part V. Texas Department
of Commerce
10 TAC sec.178.10 sec.178.13--4914, 4887
10 TAC sec.178.19--4914, 4889
****TITLE 13. CULTURAL RESOURCES
***Part I. Texas State
Library and Archives Commission
13 TAC sec.sec.7.121-7.127--5024
****TITLE 16. ECONOMIC REGULATION
***Part I. Railroad Commission
of Texas
16 TAC sec.5.32--5117, 5133
16 TAC sec.sec.9.3, 9.15, 9.24--5135
16 TAC sec.9.4--5135
16 TAC sec.9.33--5136
16 TAC sec.9.501--5136
16 TAC sec.11.201--5136
16 TAC sec.sec.11.1001-11.1005, 11.1021, 11.1022, 11.1031-11.1045,
11.1061-11.1066, 11.1081--5117
***Part II. Public Utility
Commission of Texas
16 TAC sec.21.24--4915
16 TAC sec.23.23--4916
16 TAC sec.23.53--4919
***Part III. Texas Alcoholic
Beverage Commission
16 TAC sec.55.545--4891
16 TAC sec.sec.55.541-55.550, 55.552-55.555, 55.557, 55.558,
55.560-55.562, 55.564--4941
16 TAC sec.55.547--4892
16 TAC sec.55.550--4892
16 TAC sec.55.555--4893
***Part IV. Texas Department
of Licensing and Regulation
16 TAC sec.66.1, sec.66.2--5115, 5128
16 TAC sec.sec.68.1, 68.10, 68.62, 68.80--5005, 5029
16 TAC sec.69.38--5029
16 TAC sec.69.125--5029
16 TAC sec.69.186--5030
16 TAC sec.69.208--5030
16 TAC sec.70.70, sec.70.100--5031
***Part VIII. Texas Racing
Commission
16 TAC sec.301.1--5005, 5067, 5032
16 TAC sec.305.5--5006, 5032
16 TAC sec.305.7--5006, 5032
16 TAC sec.305.10--5006, 5032
16 TAC sec.305.11--5007, 5033
16 TAC sec.305.33--5007, 5033
16 TAC sec.305.37--5067
16 TAC sec.305.62--5007, 5033
16 TAC sec.305.64--5008, 5033
16 TAC sec.305.84--5008, 5034
16 TAC sec.305.90--5034
16 TAC sec.305.125--5010, 5034
16 TAC sec.305.145--5010, 5035
16 TAC sec.305.181--5010, 5035
16 TAC sec.305.221--5011, 5035
16 TAC sec.305.264--5035
16 TAC sec.309.15--5067
16 TAC sec.309.303--5067
16 TAC sec.309.355--5068
16 TAC sec.311.7--5011, 5036
16 TAC sec.313.107--5068
16 TAC sec.313.408--5068
16 TAC sec.319.3--5011, 5036
16 TAC sec.319.10--5011, 5036
16 TAC sec.319.11--5012, 5037
16 TAC sec.319.304--5012, 5037
16 TAC sec.319.305--5012, 5037
16 TAC sec.319.306--5012, 5037
16 TAC sec.319.332--5013, 5069, 5038
16 TAC sec.319.333--5013, 5038
16 TAC sec.319.334--5013, 5038
16 TAC sec.319.335--5013, 5038
16 TAC sec.321.72--5014, 5039
16 TAC sec.321.111--5069
16 TAC sec.321.118--5014, 5039
16 TAC sec.321.201-321.208--5040
16 TAC sec.321.251-321.257--5040
****TITLE 19. EDUCATION
***Part I. Texas Higher
Education Coordinating Board
19 TAC sec.5.264--5069
19 TAC sec.9.77--5043
19 TAC sec.12.22--5043
19 TAC sec.13.2--5043
19 TAC sec.21.3--5044
19 TAC sec.21.53--5044
19 TAC sec.21.901--5045
19 TAC sec.sec.21.931-21.939--5045
****TITLE 22. EXAMINING BOARDS
***Part III. Texas Board
of Chiropractic Examiners
22 TAC sec.sec.71.1, 71.7-71.9--5069
22 TAC sec.71.10--5046
22 TAC sec.75.1, sec.75.6--5047
22 TAC sec.73.1, 73.2--5070
22 TAC sec.sec.75.2-75.4--5047
22 TAC sec.75.5--5070
22 TAC sec.75.7--5047
22 TAC sec.76.1--5048
22 TAC sec.77.3--5048
22 TAC sec.77.5--5049
22 TAC sec.80.1--5049
22 TAC sec.sec.80.4-80.9--5049
***Part V. Texas State
Board of Dental Examiners
22 TAC sec.109.144--4775
22 TAC sec.109.181--4775
22 TAC sec.113.5--4775
22 TAC sec.114.1--4775
22 TAC sec.115.3--4776
***Part VI. State Board
of Registration for Professional
Engineers
22 TAC sec.131.92--5174
22 TAC sec.131.134--4893, 5175
***Part VIII. Texas Appraiser
Licensing and Certification Board
22 TAC sec.sec.151.1-151.30--5015
22 TAC sec.sec.153.1, 153.3, 153.5, 153.7, 153.9, 153.11,
153.13, 153.15, 153.17, 153.21, 153.23--5017
22 TAC sec.155.1--5022
***Part XII. Board of
Vocational Nurse Examiners
22 TAC sec.231.25, 231.48--5137
22 TAC sec.231.68--5137
22 TAC sec.233.41--5137
22 TAC sec.235.9, sec.235.18--5137
22 TAC sec.235.41--5137
***Part XIII. Texas Board
of Licensure for Nursing
Home Administrators
22 TAC sec.243.1--5175
22 TAC sec.247.2--5070, 5209
***Part XV. State Board
of Pharmacy
22 TAC sec.281.9--5070
22 TAC sec.291.6--4920
22 TAC sec.sec.291.32-291.34--5051
22 TAC sec.291.53--5071
22 TAC sec.291.73, sec.291.76--5052
22 TAC sec.sec.291.75-291.76--5071
22 TAC sec.291.91 sec.291.93--5052
22 TAC sec.291.93--5071
22 TAC sec.295.5--4921
***Part XXI. Texas State
Board of Examiners of
Psychologists
22 TAC sec.463.5--5209
22 TAC sec.471.4--4835
22 TAC sec.471.5--4835
22 TAC sec.473.1--4835
***Part XXII. Texas State
Board of Public Accountancy
22 TAC sec.503.1--5022, 5065, 5053
***Part XXIII. Texas Real
Estate Commission
22 TAC sec.531.18--5209
22 TAC sec.535.66, sec.535.69--5210
22 TAC sec.535.123--4797
22 TAC sec.535.205--5165, 5176
22 TAC sec.sec.537.11, 537.13, 537.23, 537.28, 537.29,
537.33--4797
22 TAC sec.544.1-544.9--5210
***Part XXVII. Board of
Tax Professional Examiners
22 TAC sec.sec.628.1-628.7--5128
***Part XXXI. Texas State
Board of Examiners of
Dietitians
22TAC sec.sec.711.4-711.8, 711.11, 711.12-- 5176
***Part XXXII. State Committee
of Examiners for Speech-Language
Pathology and Audiology
22 TAC sec.741.2--4800
22 TAC sec.sec.741.12, 741.19, 741.25, 741.26--4800
22 TAC sec.741.25, sec.741.26--4800
22 TAC sec.741.41--4801
22 TAC sec.sec.741.61, 741.63, 741.64--4801
22 TAC sec.sec.741.81, 741.83, 741.84--4803
22 TAC sec.741.102--4805
22 TAC sec.741.122--4805
22 TAC sec.741.143--4806
22 TAC sec.741.162, sec.741.163--4806
22 TAC sec.74.181--4808
****TITLE 25. HEALTH SERVICES
***Part I. Texas Department
of Health
25 TAC sec.97.16--4894
25 TAC sec.97.22--4836
25 TAC sec.sec.141.11-141.13--4822
25 TAC sec.sec.143.6-143.8, 143.10, 143.11--4838
25 TAC sec.145.88--4822
25 TAC sec.sec.151.2, 151.4-151.7, 151.9, 151.12--4840
25 TAC sec.151.3--4841
25 TAC sec.157.2--4922
25 TAC sec.157.45--4953, 4894
25 TAC sec.sec.157.121-157.129--4923
25 TAC sec.sec.229.251-229.254--4776
25 TAC sec.sec.289.141-289.144, 289.147-289.151, 289.156,
189.157--5178
25 TAC sec.sec.295.21, 295.31-295.48, 295.50-295.53, 295.55,
295.56, 295.58-295.60, 295.62, 295.66-295.68--5178
25 TAC sec.325.5--4894
25 TAC sec.325.93--4927, 4895
25 TAC sec.sec.325.561, 325.563, 325.567, 325.568--4778,
4823
25 TAC sec.sec.325.1101-325.1109--4928, 4895
***Part II. Texas Department
of Mental Health and
Mental Retardation
25 TAC sec.401.51--5065
***Part XI. Texas Cancer
Council
25 TAC sec.701.1-701.7--4954
25 TAC sec.sec.701.1-701.9--4954
25 TAC sec.sec.702.1-702.4--4954
25 TAC sec.sec.703.1-703.4--4954
25 TAC sec.sec.703.1-703.14--4955
****TITLE 28. INSURANCE
***Part I. Texas Department
of Insurance
28 TAC sec.5.204--4896
28 TAC sec.5.2002--5197
28 TAC sec.5.4201--5166, 5197
28 TAC sec.5.6302--5054
28 TAC sec.7.36--4928
28 TAC sec.7.60--4842
28 TAC sec.9.401--4823
***Part II. Texas Workers'
Compensation Commission
28 TAC sec.110.106--5055
28 TAC sec.124.7--5071
28 TAC sec.129.4--5130
28 TAC sec.134.1--5210
28 TAC sec.134.201--4929
28 TAC sec.sec.170.1-170.3--4843
****TITLE 31. NATURAL RESOURCES AND CONSERVATION
***Part I. General Land
Office
31 TAC sec.sec.21.9, 21.10, 21.12, 21.41--5198
***Part II. Texas Parks
and Wildlife Department
31 TAC sec.sec.57.371-57.376--4901
31 TAC sec.57.374, sec.57.375--4903
31 TAC sec.59.6--5211
31 TAC sec.sec.65.352, 65.354, 65.358, 65.359, 65.361
28>5072
***Part III. Texas Air
Control Board
31 TAC sec.101.24--4955
31 TAC sec.114.11--4956
31 TAC sec.116.11--4956
***Part IX. Texas Water
Commission
31 TAC sec.317.15--5211
31 TAC sec.335.112--5055
31 TAC sec.335.152--5056
31 TAC sec.sec.335.321-335.332--4780
31 TAC sec.sec.335.325-335.333--4795
31 TAC sec.sec.335.471-335.480--5199
***Part X. Texas Water
Development Board
31 TAC sec.sec.377.1-377.5--5057
****TITLE 34. PUBLIC FINANCE
***Part I. Comptroller
of Public Accounts
34 TAC sec.sec.3.175--4957
34 TAC sec.3.282--4844
34 TAC sec.3.285--4957
34 TAC sec.3.292--5216
34 TAC sec.3.297--4930
34 TAC sec.3.338--5057
34 TAC sec.3.359--5216
34 TAC sec.3.407--4932
34 TAC sec.3.681--4795
34 TAC sec.3.682--4795
34 TAC sec.3.693--4932
***Part VII. State Property
Tax Board
34 TAC sec.153.1, 153.2--5022
34 TAC sec.153.2--5133
****TITLE 37. PUBLIC SAFETY AND CORRECTIONS
***Part I. Texas Department
of Public Safety
37 TAC sec.1.22--5216
37 TAC sec.sec.33.2-33.4--5217
***Part VIII. Commission
on Fire Protection Personnel
Standards and Education
37 TAC sec.233.9--5072
37 TAC sec.sec.233.31, 233.33--4824
37 TAC sec.sec.233.31, 233.33, 233.35, 233.37, 233.39,
233.41, 233.43, 233.45--4824
37 TAC sec.233.91--4960
37 TAC sec.sec.233.93, 233.95, 233.97, 233.99, 233.101,
233.103, 233.105, 233.107, 233.109--4825
37 TAC sec.sec.233.93, 233.95, 233.97, 233.99, 233.101,
233.103--4825
37 TAC sec.233.113--5074, 5059
37 TAC sec.233.131--5074
37 TAC sec.239.7, sec.239.9--5074
37 TAC sec.241.3--5060
37 TAC sec.241.1, 241.3, 241.5, 241.7, 241.9, 241.11, 241.13,
241.15, 241.17--5074
37 TAC sec.sec.243.1, 243.3, 243.5, 243.7--4960
37 TAC sec.243.5, sec.243.7--4933
37 TAC sec.sec.243.9, 243.13, 243.15--4827
37 TAC sec.sec.245.1, 245.3, 245.5, 245.7, 245.9, 245.11,
245.13, 245.15, 245.17, 245.19, 245.21--4833
37 TAC sec.247.1--5075
37 TAC sec.sec.247.3, 247.7, 247.9--4828
37 TAC sec.341.21--4828
***Part IX. Commission
on Jail Standards
37 TAC sec.273.5--5166
****TITLE 40. SOCIAL SERVICES AND ASSISTANCE
***Part I. Texas Department
of Human Services
40 TAC sec.sec.2.1008. 2.1010, 2.1012, 2.1016--5138
40 TAC sec.3.902--5138
40 TAC sec.7.101--5076
40 TAC sec.7.208 --5076
40 TAC sec.10.2304--5217
40 TAC sec.10.3458--4960
40 TAC sec.19.604--4960
40 TAC sec.27.413--5203
40 TAC sec.27.415--4961
40 TAC sec.27.417--
40 TAC sec.29.609--4829
40 TAC sec.29.1001--5076
40 TAC sec.29.2502--5076
40 TAC sec.33.13--4934, 4904
40 TAC sec.33.122--4934, 4904
40 TAC sec.33.124--4934, 4904
40 TAC sec.sec.33.306, 33.318, 33.320--4934, 4904
40 TAC sec.47.1903--5204
40 TAC sec.sec.49.316, 49.317, 49.320, 49.324--5061
40 TAC sec.49.326--5062
40 TAC sec.sec.49.1601-49.1603--5217
***Part V. Veterans Land
Board
40 TAC sec.175.17--4934, 4905
40 TAC sec.177.8, sec.177.9--4934
****TITLE 43. TRANSPORTATION
***Part I. State Department
of Highways and Public
Transportation
43 TAC sec.sec.9.20-9.22--4905
43 TAC sec.17.69--4906
43 TAC sec.21.149--4907
43 TAC sec.21.150--4908
Bac
TAC Titles Affected
TAC Titles Affected--September
The following is a list of the administrative rules that have been published this month.
****TITLE 1. ADMINISTRATION
***Part IV. Office of the Secretary of State
1 TAC sec.sec.81.100-81.133--5169
1 TAC sec.sec.81.100-81.138--5170
***Part V. State Purchasing and General Services Commission
1 TAC sec.113.6, sec.113.10--4913
1 TAC sec.113.10--4939, 4939
1 TAC sec.113.34--4913
***Part VI. Texas Surplus Property Agency
1 TAC sec.143.1--5174
***Part XIII. Texas Incentive and Productivity Commission
1 TAC sec.sec.273.1, 273.3, 273.9--5023
1 TAC sec.sec.273.1, 273.3, 273.9, 273.15--4835
1 TAC sec.sec.275.1, 275.6, 275.13, 275.17--5023
1 TAC sec.sec.275.1, 275.3, 275.5, 275.7, 275.9, 275.13, 275.15, 275.17, 275.19, 275.21--4939
1 TAC sec.289.1--4940
1 TAC sec.sec.291.1, 291.3, 291.5--4940
1 TAC sec.sec.293.1, 293.3, 293.5--4940
1 TAC sec.295.1--4940
1 TAC sec.sec.297.1, 297.3, 297.5--4940
****TITLE 7. BANKING AND SECURITIES
***Part VI. Credit Union Department
7 TAC sec.91.402--4914, 4937
****TITLE 10. COMMUNITY DEVELOPMENT
***Part V. Texas Department of Commerce
10 TAC sec.178.10 sec.178.13--4914, 4887
10 TAC sec.178.19--4914, 4889
****TITLE 13. CULTURAL RESOURCES
***Part I. Texas State Library and Archives Commission
13 TAC sec.sec.7.121-7.127--5024
****TITLE 16. ECONOMIC REGULATION
***Part I. Railroad Commission of Texas
16 TAC sec.5.32--5117, 5133
16 TAC sec.sec.9.3, 9.15, 9.24--5135
16 TAC sec.9.4--5135
16 TAC sec.9.33--5136
16 TAC sec.9.501--5136
16 TAC sec.11.201--5136
16 TAC sec.sec.11.1001-11.1005, 11.1021, 11.1022, 11.1031-11.1045, 11.1061-11.1066, 11.1081--5117
***Part II. Public Utility Commission of Texas
16 TAC sec.21.24--4915
16 TAC sec.23.23--4916
16 TAC sec.23.53--4919
***Part III. Texas Alcoholic Beverage Commission
16 TAC sec.55.545--4891
16 TAC sec.sec.55.541-55.550, 55.552-55.555, 55.557, 55.558, 55.560-55.562, 55.564--4941
16 TAC sec.55.547--4892
16 TAC sec.55.550--4892
16 TAC sec.55.555--4893
***Part IV. Texas Department of Licensing and Regulation
16 TAC sec.66.1, sec.66.2--5115, 5128
16 TAC sec.sec.68.1, 68.10, 68.62, 68.80--5005, 5029
16 TAC sec.69.38--5029
16 TAC sec.69.125--5029
16 TAC sec.69.186--5030
16 TAC sec.69.208--5030
16 TAC sec.70.70, sec.70.100--5031
***Part VIII. Texas Racing Commission
16 TAC sec.301.1--5005, 5067, 5032
16 TAC sec.305.5--5006, 5032
16 TAC sec.305.7--5006, 5032
16 TAC sec.305.10--5006, 5032
16 TAC sec.305.11--5007, 5033
16 TAC sec.305.33--5007, 5033
16 TAC sec.305.37--5067
16 TAC sec.305.62--5007, 5033
16 TAC sec.305.64--5008, 5033
16 TAC sec.305.84--5008, 5034
16 TAC sec.305.90--5034
16 TAC sec.305.125--5010, 5034
16 TAC sec.305.145--5010, 5035
16 TAC sec.305.181--5010, 5035
16 TAC sec.305.221--5011, 5035
16 TAC sec.305.264--5035
16 TAC sec.309.15--5067
16 TAC sec.309.303--5067
16 TAC sec.309.355--5068
16 TAC sec.311.7--5011, 5036
16 TAC sec.313.107--5068
16 TAC sec.313.408--5068
16 TAC sec.319.3--5011, 5036
16 TAC sec.319.10--5011, 5036
16 TAC sec.319.11--5012, 5037
16 TAC sec.319.304--5012, 5037
16 TAC sec.319.305--5012, 5037
16 TAC sec.319.306--5012, 5037
16 TAC sec.319.332--5013, 5069, 5038
16 TAC sec.319.333--5013, 5038
16 TAC sec.319.334--5013, 5038
16 TAC sec.319.335--5013, 5038
16 TAC sec.321.72--5014, 5039
16 TAC sec.321.111--5069
16 TAC sec.321.118--5014, 5039
16 TAC sec.321.201-321.208--5040
16 TAC sec.321.251-321.257--5040
****TITLE 19. EDUCATION
***Part I. Texas Higher Education Coordinating Board
19 TAC sec.5.264--5069
19 TAC sec.9.77--5043
19 TAC sec.12.22--5043
19 TAC sec.13.2--5043
19 TAC sec.21.3--5044
19 TAC sec.21.53--5044
19 TAC sec.21.901--5045
19 TAC sec.sec.21.931-21.939--5045
****TITLE 22. EXAMINING BOARDS
***Part III. Texas Board of Chiropractic Examiners
22 TAC sec.sec.71.1, 71.7-71.9--5069
22 TAC sec.71.10--5046
22 TAC sec.75.1, sec.75.6--5047
22 TAC sec.73.1, 73.2--5070
22 TAC sec.sec.75.2-75.4--5047
22 TAC sec.75.5--5070
22 TAC sec.75.7--5047
22 TAC sec.76.1--5048
22 TAC sec.77.3--5048
22 TAC sec.77.5--5049
22 TAC sec.80.1--5049
22 TAC sec.sec.80.4-80.9--5049
***Part V. Texas State Board of Dental Examiners
22 TAC sec.109.144--4775
22 TAC sec.109.181--4775
22 TAC sec.113.5--4775
22 TAC sec.114.1--4775
22 TAC sec.115.3--4776
***Part VI. State Board of Registration for Professional Engineers
22 TAC sec.131.92--5174
22 TAC sec.131.134--4893, 5175
***Part VIII. Texas Appraiser Licensing and Certification Board
22 TAC sec.sec.151.1-151.30--5015
22 TAC sec.sec.153.1, 153.3, 153.5, 153.7, 153.9, 153.11, 153.13, 153.15, 153.17, 153.21, 153.23--5017
22 TAC sec.155.1--5022
***Part XII. Board of Vocational Nurse Examiners
22 TAC sec.231.25, 231.48--5137
22 TAC sec.231.68--5137
22 TAC sec.233.41--5137
22 TAC sec.235.9, sec.235.18--5137
22 TAC sec.235.41--5137
***Part XIII. Texas Board of Licensure for Nursing Home Administrators
22 TAC sec.243.1--5175
22 TAC sec.247.2--5070, 5209
***Part XV. State Board of Pharmacy
22 TAC sec.281.9--5070
22 TAC sec.291.6--4920
22 TAC sec.sec.291.32-291.34--5051
22 TAC sec.291.53--5071
22 TAC sec.291.73, sec.291.76--5052
22 TAC sec.sec.291.75-291.76--5071
22 TAC sec.291.91 sec.291.93--5052
22 TAC sec.291.93--5071
22 TAC sec.295.5--4921
***Part XXI. Texas State Board of Examiners of Psychologists
22 TAC sec.463.5--5209
22 TAC sec.471.4--4835
22 TAC sec.471.5--4835
22 TAC sec.473.1--4835
***Part XXII. Texas State Board of Public Accountancy
22 TAC sec.503.1--5022, 5065, 5053
***Part XXIII. Texas Real Estate Commission
22 TAC sec.531.18--5209
22 TAC sec.535.66, sec.535.69--5210
22 TAC sec.535.123--4797
22 TAC sec.535.205--5165, 5176
22 TAC sec.sec.537.11, 537.13, 537.23, 537.28, 537.29, 537.33--4797
22 TAC sec.544.1-544.9--5210
***Part XXVII. Board of Tax Professional Examiners
22 TAC sec.sec.628.1-628.7--5128
***Part XXXI. Texas State Board of Examiners of Dietitians
22TAC sec.sec.711.4-711.8, 711.11, 711.12-- 5176
***Part XXXII. State Committee of Examiners for Speech-Language Pathology and Audiology
22 TAC sec.741.2--4800
22 TAC sec.sec.741.12, 741.19, 741.25, 741.26--4800
22 TAC sec.741.25, sec.741.26--4800
22 TAC sec.741.41--4801
22 TAC sec.sec.741.61, 741.63, 741.64--4801
22 TAC sec.sec.741.81, 741.83, 741.84--4803
22 TAC sec.741.102--4805
22 TAC sec.741.122--4805
22 TAC sec.741.143--4806
22 TAC sec.741.162, sec.741.163--4806
22 TAC sec.74.181--4808
****TITLE 25. HEALTH SERVICES
***Part I. Texas Department of Health
25 TAC sec.97.16--4894
25 TAC sec.97.22--4836
25 TAC sec.sec.141.11-141.13--4822
25 TAC sec.sec.143.6-143.8, 143.10, 143.11--4838
25 TAC sec.145.88--4822
25 TAC sec.sec.151.2, 151.4-151.7, 151.9, 151.12--4840
25 TAC sec.151.3--4841
25 TAC sec.157.2--4922
25 TAC sec.157.45--4953, 4894
25 TAC sec.sec.157.121-157.129--4923
25 TAC sec.sec.229.251-229.254--4776
25 TAC sec.sec.289.141-289.144, 289.147-289.151, 289.156, 189.157--5178
25 TAC sec.sec.295.21, 295.31-295.48, 295.50-295.53, 295.55, 295.56, 295.58-295.60, 295.62, 295.66-295.68--5178
25 TAC sec.325.5--4894
25 TAC sec.325.93--4927, 4895
25 TAC sec.sec.325.561, 325.563, 325.567, 325.568--4778, 4823
25 TAC sec.sec.325.1101-325.1109--4928, 4895
***Part II. Texas Department of Mental Health and Mental Retardation
25 TAC sec.401.51--5065
***Part XI. Texas Cancer Council
25 TAC sec.701.1-701.7--4954
25 TAC sec.sec.701.1-701.9--4954
25 TAC sec.sec.702.1-702.4--4954
25 TAC sec.sec.703.1-703.4--4954
25 TAC sec.sec.703.1-703.14--4955
****TITLE 28. INSURANCE
***Part I. Texas Department of Insurance
28 TAC sec.5.204--4896
28 TAC sec.5.2002--5197
28 TAC sec.5.4201--5166, 5197
28 TAC sec.5.6302--5054
28 TAC sec.7.36--4928
28 TAC sec.7.60--4842
28 TAC sec.9.401--4823
***Part II. Texas Workers' Compensation Commission
28 TAC sec.110.106--5055
28 TAC sec.124.7--5071
28 TAC sec.129.4--5130
28 TAC sec.134.1--5210
28 TAC sec.134.201--4929
28 TAC sec.sec.170.1-170.3--4843
****TITLE 31. NATURAL RESOURCES AND CONSERVATION
***Part I. General Land Office
31 TAC sec.sec.21.9, 21.10, 21.12, 21.41--5198
***Part II. Texas Parks and Wildlife Department
31 TAC sec.sec.57.371-57.376--4901
31 TAC sec.57.374, sec.57.375--4903
31 TAC sec.59.6--5211
31 TAC sec.sec.65.352, 65.354, 65.358, 65.359, 65.361 28>5072
***Part III. Texas Air Control Board
31 TAC sec.101.24--4955
31 TAC sec.114.11--4956
31 TAC sec.116.11--4956
***Part IX. Texas Water Commission
31 TAC sec.317.15--5211
31 TAC sec.335.112--5055
31 TAC sec.335.152--5056
31 TAC sec.sec.335.321-335.332--4780
31 TAC sec.sec.335.325-335.333--4795
31 TAC sec.sec.335.471-335.480--5199
***Part X. Texas Water Development Board
31 TAC sec.sec.377.1-377.5--5057
****TITLE 34. PUBLIC FINANCE
***Part I. Comptroller of Public Accounts
34 TAC sec.sec.3.175--4957
34 TAC sec.3.282--4844
34 TAC sec.3.285--4957
34 TAC sec.3.292--5216
34 TAC sec.3.297--4930
34 TAC sec.3.338--5057
34 TAC sec.3.359--5216
34 TAC sec.3.407--4932
34 TAC sec.3.681--4795
34 TAC sec.3.682--4795
34 TAC sec.3.693--4932
***Part VII. State Property Tax Board
34 TAC sec.153.1, 153.2--5022
34 TAC sec.153.2--5133
****TITLE 37. PUBLIC SAFETY AND CORRECTIONS
***Part I. Texas Department of Public Safety
37 TAC sec.1.22--5216
37 TAC sec.sec.33.2-33.4--5217
***Part VIII. Commission on Fire Protection Personnel Standards and Education
37 TAC sec.233.9--5072
37 TAC sec.sec.233.31, 233.33--4824
37 TAC sec.sec.233.31, 233.33, 233.35, 233.37, 233.39, 233.41, 233.43, 233.45--4824
37 TAC sec.233.91--4960
37 TAC sec.sec.233.93, 233.95, 233.97, 233.99, 233.101, 233.103, 233.105, 233.107, 233.109--4825
37 TAC sec.sec.233.93, 233.95, 233.97, 233.99, 233.101, 233.103--4825
37 TAC sec.233.113--5074, 5059
37 TAC sec.233.131--5074
37 TAC sec.239.7, sec.239.9--5074
37 TAC sec.241.3--5060
37 TAC sec.241.1, 241.3, 241.5, 241.7, 241.9, 241.11, 241.13, 241.15, 241.17--5074
37 TAC sec.sec.243.1, 243.3, 243.5, 243.7--4960
37 TAC sec.243.5, sec.243.7--4933
37 TAC sec.sec.243.9, 243.13, 243.15--4827
37 TAC sec.sec.245.1, 245.3, 245.5, 245.7, 245.9, 245.11, 245.13, 245.15, 245.17, 245.19, 245.21--4833
37 TAC sec.247.1--5075
37 TAC sec.sec.247.3, 247.7, 247.9--4828
37 TAC sec.341.21--4828
***Part IX. Commission on Jail Standards
37 TAC sec.273.5--5166
****TITLE 40. SOCIAL SERVICES AND ASSISTANCE
***Part I. Texas Department of Human Services
40 TAC sec.sec.2.1008. 2.1010, 2.1012, 2.1016--5138
40 TAC sec.3.902--5138
40 TAC sec.7.101--5076
40 TAC sec.7.208 --5076
40 TAC sec.10.2304--5217
40 TAC sec.10.3458--4960
40 TAC sec.19.604--4960
40 TAC sec.27.413--5203
40 TAC sec.27.415--4961
40 TAC sec.27.417--
40 TAC sec.29.609--4829
40 TAC sec.29.1001--5076
40 TAC sec.29.2502--5076
40 TAC sec.33.13--4934, 4904
40 TAC sec.33.122--4934, 4904
40 TAC sec.33.124--4934, 4904
40 TAC sec.sec.33.306, 33.318, 33.320--4934, 4904
40 TAC sec.47.1903--5204
40 TAC sec.sec.49.316, 49.317, 49.320, 49.324--5061
40 TAC sec.49.326--5062
40 TAC sec.sec.49.1601-49.1603--5217
***Part V. Veterans Land Board
40 TAC sec.175.17--4934, 4905
40 TAC sec.177.8, sec.177.9--4934
****TITLE 43. TRANSPORTATION
***Part I. State Department of Highways and Public Transportation
43 TAC sec.sec.9.20-9.22--4905
43 TAC sec.17.69--4906
43 TAC sec.21.149--4907
43 TAC sec.21.150--4908
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