Part 1.
TEXAS DEPARTMENT OF HEALTH
Chapter 128.
PERMITS FOR CONTACT LENS DISPENSERS
25 TAC §§128.1, 128.2, 128.6, 128.10
The Texas Department of Health (department) proposes amendments
to §§128.1-128.2, 128.6 and a new §128.10 concerning the regulation
of persons filling contact lens prescriptions. Specifically, the amendments
and new section cover introduction; definitions; violations, complaints, and
disciplinary actions; and fees. Amendments are necessary to correct citations
throughout 25 Texas Administrative Code, Chapter 128. House Bill 3155, 76th
Legislature, 1999, compiled relevant laws into the Texas Occupations Code
without altering meaning or legal effect. The Contact Lens Prescription Act,
Vernon's Texas Civil Statutes, Article 4552-A was codified as the Texas Occupations
Code, Chapter 353; the Opticians' Registry Act, Vernon's Texas Civil Statutes,
Article 4551-1, became Texas Occupations Code, Chapter 352; and Vernon's Texas
Civil Statutes, Article 6252-13c and 6252-13d were codified as the Texas Occupations
Code, Chapter 53. New §128.10 sets out a schedule of fees for obtaining
a contact lens dispensing permit.
L. Jann Melton-Kissel, Director of Budget and Legislative Policy Analysis,
Bureau of Licensing and Compliance has determined that for each year of the
first five-year period the sections are in effect, there will be fiscal implications
as a result of enforcing or administering the sections as proposed. The proposed
increase in permit fees and the establishment of late renewal penalties are
estimated to generate additional revenues of $46,000 each year of the first
five years for state government. The increase in permit fees will offset current
costs associated with enforcing and administering the Contact Lens Prescription
Act. There will be no effect on local government.
Ms. Melton-Kissel has also 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 protect public health by requiring that
contact lenses are only dispensed by persons and entities holding a contact
lens dispensing permit.
There will be a varying impact on small businesses, micro-businesses and
large businesses that sell or dispense contact lenses to consumers in Texas.
Actual costs will vary significantly because the Contact Lens Prescription
Act allows a business entity with at least ten contact lens dispensing locations
to obtain a single permit for the entity and its employees. Business entities
with one to nine locations will incur additional costs of $200 per location;
however, business entities with ten or more locations will only incur an additional
cost of $200. The cost to persons registered with the department under the
Opticians' Registry Act will be an additional $40 per year and the cost to
persons who are not registered under the Opticians' Registry Act is an increase
of $50 per year. Additionally, business entities and persons who fail to renew
timely will incur late renewal penalty fees of one and one-half times the
annual permit fee if renewed within 90 days following the expiration date
or two times the annual permit fee if renewed after 90 days but within one
year of the expiration date. There is no anticipated impact on local employment.
Comments on the proposal may be submitted to Stephen Mills, Program Administrator,
Contact Lens Permit Program, Professional Licensing and Certification Division,
Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3183,
(512) 834-4515. Comments will be accepted for 30 days following publication
of this proposal in the
Texas Register
.
The amendments and new section are proposed under Texas Occupations
Code, Chapter 353, Chapter 352, and Chapter 53, which provide the Board of
Health (board) with the authority to adopt rules; and Health and Safety Code, §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.
The amendments and new section affect the Texas Occupations Code, Chapter
353, Chapter 352, and Chapter 53.
§128.1.Introduction.
(a)
Purpose. This chapter implements the applicable provisions
of the Texas Contact Lens Prescription Act,
Texas Occupations Code, Chapter
353
[
(b)
(No change.)
§128.2.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise. Words
and terms defined in the Texas Contact Lens Prescription Act shall have the
same meaning in this chapter that they are assigned in the Act.
(1)
Act - The Texas Contact Lens Prescription Act,
Texas Occupations Code, Chapter 353
[
(2)
Administrator - The department employee designated
as the administrator of the permitting activities authorized by the Act.
(3)
Applicant - A person or entity who applies
for a permit under the Act.
(4)
Board - The Texas Board of Health.
(5)
Commissioner - The Commissioner of the Texas
Department of Health.
(6)
Department - The Texas Department of Health.
(7)
Optician - A person, other than a physician,
optometrist, therapeutic optometrist, or pharmacist who is in the business
of dispensing contact lenses.
(8)
Permit - A contact lens dispensing permit issued
under the Act to an optician, a corporation, or other business entity that
fills a contact lens prescription in this state or sells, delivers, or dispenses
contact lenses to any person in this state.
§128.6.Violations, Complaints, and Disciplinary Actions.
(a)- (c)
(No change.)
(d)
Department actions.
(1)
The board may deny a permit application or permit renewal
application or suspend or revoke the permit, or place the permit on probation
for a violation of the Act or this chapter. The board may also impose an administrative
penalty of not more than $1,000 for a violation of the Act. Administrative
penalties shall be assessed in accordance with the procedures set forth in
the Opticians' Registry Act,
Texas Occupations Code, Chapter 352, Subchapter
G (relating to Administrative Penalty)
[
(2)- (3)
(No change.)
(e)
Formal hearings.
(1)
A formal hearing shall be conducted in accordance with
the Administrative Procedure Act, Government Code, Chapter 2001[
(2)
(No change.)
(f)
Guidelines concerning criminal convictions.
(1)
The purpose of this section is to comply with the requirements
of
the Texas Occupations Code, Chapter 53, Subchapter C (Notice and Review
of Suspension, Revocation, or Denial of License)
[
(2)
The department may deny a permit application or a permit
renewal application, or revoke, suspend, or place on probation an existing
permit if an applicant or permit holder has been convicted of a crime (felony
or misdemeanor) according to the following guidelines:
(A)
(No change.)
(B)
the factors and evidence listed in
Chapter 53, Subchapter
B
[
§128.10.Fees.
(a)
The annual permit fees are as follows:
(1)
$50 for an optician who has registered with the department
under the Opticians' Registry Act, Texas Occupations Code, Chapter 352;
(2)
$75 for an optician who has not registered with the department
under the Opticians' Registry Act, Texas Occupations Code, Chapter 352; and
(3)
$300 for a business entity.
(b)
A person whose permit has been expired for 90 days or less
may renew the permit by paying to the department a renewal fee that is equal
to one and one-half times the normally required annual permit fee.
(c)
A person whose permit has been expired for more than 90
days but less than one year may renew the permit by paying to the department
a renewal fee that is equal to two times the normally required annual permit
fee.
(d)
A person whose permit has been expired for one year or
more may not renew the permit. The person may obtain a new permit by complying
the requirements and procedures for an original permit.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on July 27, 2000.
TRD-200005198
Susan K. Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: September 10, 2000
For further information, please call: (512) 458-7236
The Texas Department of Health (department) proposes the repeal of
existing §221.1 and §221.2, and new §§221.1-221.9, concerning
minimum standards for transporting dead animals and rendering. New §§221.1-221.9
covers general provisions; definitions; licensing requirements, construction
permit requirements, exemptions, fees, and procedures; vehicles, identification
of vehicles, and vehicle permit decals; records, rendering business construction,
operational requirements, and grounds; prohibited acts; assessment of administrative
penalties; and denial, suspension or revocation of license or permit, enforcement
provisions and reinstatement.
Section 221.1 and §221.2 are being proposed for repeal for the purpose
of implementing Senate Bill (SB) 1532 which was enacted during the 76th Texas
Legislature, Regular Session, 1999. SB 1532 became effective September 1,
1999, and makes application of the Act prospective to January 1, 2001. The
new §§221.1-221.9 contain new language to clarify existing requirements
for rendering businesses and dead animal or renderable raw material haulers.
The new sections establish new license fees for certain rendering businesses.
The new sections clarify the department's inspection authority and enforcement
options available under Health and Safety Code, Chapter 144, Texas Renderers'
Licensing Act (the Act).
Pursuant to the Government Code, §2001.39, each state agency is required
to review and consider for readoption each rule adopted by that agency. The
current rules have been reviewed and the department has determined that reasons
for adopting the sections continue to exist. However, for the purpose of implementing
Senate Bill 1532, the current rules are being repealed and new rules are being
proposed.
The department published a Notice of Intention to Review for §221.1
and §221.2 as required by Government Code, §2001.039 in the
Lee C. Jan, D.V.M., Director, Meat Safety Assurance Division, has determined
that for each year of the first five-year period the sections are in effect
there will be fiscal implications as a result of enforcing or administering
the rules as proposed. It is estimated that the costs to the department to
enforce the new provisions will be approximately $90,000 per year. Since SB
1532 was amended to allow the department to set the fees by rule, the new
provisions propose a new fee schedule, which will generate an estimated $90,000
per year in revenue to recover the department's costs in implementing and
enforcing the Act and the new rules.
Dr. Jan has also determined that for each year of the first five years
the sections are in effect, the anticipated public benefit will be continued
assurance of consumer safety by enforcing new regulations relating to transporting
dead animals and rendering. The anticipated cost to micro-businesses and small
businesses will be a graduated annual fee increase, an annual vehicle permit
fee, and a one-time permit fee increase for new construction or renovation.
Annual fee increases are commensurate with the size of the business, from
$50 to $1,200 per year for operating licenses, $100 to $200 per year for various
station and hauler licenses, and $25 per year per vehicle. One-time permit
fee increases are commensurate with the cost of the construction process from
$150 to $500. There will be no impact to local employment.
Comments on the proposal may be submitted to Bobby G. Blackwell, Meat Safety
Assurance Division, Texas Department of Health, 1100 West 49th Street, Austin,
Texas 78756; (512) 719-0205. Comments will be accepted for 30 days following
publication of the proposal in the
Texas Register
. In addition, a public hearing will be held at 1:00 p.m. on Tuesday,
August 28, 2000, in Room K-100 at the Texas Department of Health, 1100 West
49th Street, Austin, Texas 78756.
Subchapter A. TRANSPORTING DEAD ANIMALS
25 TAC §221.1, §221.2
(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 repeals are proposed under the Health and Safety
Code §144.074, which provides the Texas Board of Health with the authority
to adopt necessary regulations pursuant to the enforcement of this chapter,
and §12.001, which provides the Texas Board of Health with the authority
to adopt rules for the performance of every duty imposed by law on the board,
the department, and the commissioner of health.
The proposed repeals affect Health and Safety Code, Chapter 144.
§221.1.Identifying Vehicles Transporting Dead Animals.
§221.2.Administrative Penalties.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on July 27, 2000.
TRD-200005214
Susan K. Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: September 10, 2000
For further information, please call: (512) 458-7236
25 TAC §§221.1 - 221.9
The new sections are proposed under the Health and Safety
Code §144.074, which provides the Texas Board of Health with the authority
to adopt necessary regulations pursuant to the enforcement of this chapter,
and §12.001, which provides the Texas Board of Health with the authority
to adopt rules for the performance of every duty imposed by law on the board,
the department, and the commissioner of health.
The new sections affect Health and Safety Code, Chapter 144.
§221.1.General Provisions.
(a)
These sections provide for the licensing and regulation
of rendering businesses; transporters of renderable raw materials and dead
animals; and locations where a rendering business is being conducted.
(b)
The Texas Renderers' Licensing Act, Health and Safety Code,
Chapter 144, provides the department with the authority to adopt rules consistent
with the chapter as necessary pursuant to the enforcement of this chapter.
(c)
No person may cause, suffer, or allow the operation, management,
or maintenance of a rendering business or rendering business location without
a license issued by the department in accordance with these sections.
(d)
All rendering businesses and rendering business locations
shall comply with the minimum standards specified in these sections in addition
to existing standards contained in the Texas Renderers' Licensing Act and
the Texas Meat and Poultry Inspection Act, Health and Safety Code, Chapter
433, relating to adulteration and misbranding.
(e)
Any person who transports renderable raw materials and/or
dead animals from any place within this state to any place outside of borders
of this state must have a valid rendering business license issued by the department.
(f)
As a condition of licensing, the department may prescribe
other responsible and appropriate construction, operational, maintenance and
inspection requirements to ensure compliance with this chapter and other applicable
rules of the department.
§221.2.Definitions.
The following words and terms, when used in these sections, shall have
the following meanings unless the context clearly indicates otherwise.
(1)
Act--The Texas Renderers' Licensing Act, Texas Health and
Safety Code, Chapter 144.
(2)
Authorized agent--An employee of the department designated
by the commissioner to enforce the Act.
(3)
Commissioner--Commissioner of the Texas Department of Health.
(4)
Department--The Texas Department of Health.
(5)
Dead animal--The whole or substantially whole carcass of
a dead or fallen domestic animal, or domesticated wild animal, that was not
slaughtered for human consumption.
(6)
Dead animal hauler--A person who collects and disposes
of dead animals for commercial purposes.
(7)
Disposal--The burying, burning, cooking, processing, or
rendering of dead animals or of renderable raw materials.
(8)
Employee--A person who:
(A)
is a legal employee of a rendering establishment; and
(B)
handles or operates rendering equipment, utensils, containers,
packaging materials or vehicles, owned or leased by the rendering establishment
which are used to transport renderable raw material, recyclable cooking oil
and/or waste cooking grease, and dead animals.
(9)
Feed grade fats and oils--Those fats or oils which have
been obtained from edible fat and oil processing and include fatty acid products
that result from the commercial rendering of animal tissues and from the processing
of edible vegetables and plants.
(10)
Grease trap/grit trap waste--Industrial grade oil as defined
in paragraph (11) of this section and as such is not suitable for use as animal
feed or topical cosmetics.
(11)
Industrial grade oil--A product not suitable for use in
livestock feeds, and includes:
(A)
tall oils--resinous by-product from the manufacturing of
chemical wood pulp;
(B)
by-products which have been used in or derived from nonfood
manufacturing processes;
(C)
salvage or sludge type oils which may consist in part of
feed grade material, but which may also contain potential contaminants from
a manufacturing process or the environment; and
(D)
oils exposed to pesticides, polychlorinated biphenyls (PCBs),
industrial chemicals, heavy metals, or other adulterants.
(12)
Inedible kitchen grease--Any unprocessed or partially
processed grease, fat, or oil previously used in the cooking or preparation
of food for human consumption and no longer suitable for such use.
(13)
Nuisance--Any situation or condition that constitutes
a nuisance under the Health and Safety Code, §341.011.
(14)
Operating license--A valid operating license issued by
the department for each of the following:
(A)
a rendering establishment;
(B)
a related station;
(C)
a transfer station;
(D)
a renderable raw material hauler;
(E)
a dead animal hauler; or
(F)
a combination dead animal and renderable raw material hauler.
(15)
Person--An individual, firm, partnership, association,
corporation, trust, company, or organization, and includes an agent, officer,
or employee of that individual or entity.
(16)
Pests--Any objectionable animal or insect including, but
not limited to: rodents, flies, larvae, and birds.
(17)
Processing--An operation or combination of operations
through which materials derived from a dead animal or renderable raw material
sources are:
(A)
prepared for disposal at a rendering establishment;
(B)
stored; or
(C)
treated for commercial use or disposition, other than as
food for human consumption.
(18)
Recyclable cooking oil--Any unprocessed or partially processed
grease, fat, or oil previously used in the cooking or preparation of food
for human consumption and intended for recycling by being used or reused as:
(A)
an ingredient in a process to make a product; or
(B)
an effective substitute for a commercial product.
(19)
Related station--An operation or facility that is necessary,
useful, or incidental to the operation of a rendering establishment and that
is operated or maintained separately from the rendering establishment.
(20)
Rendering business--The collection, transportation, disposal,
or storage of dead animals or renderable raw materials for commercial purposes
at locations where dead animals or renderable raw materials are rendered,
boiled, processed, stored, transferred, or otherwise prepared, either as a
separate business or in connection with any other established business.
(21)
Rendering establishment--An establishment or part of an
establishment, a plant, or any other premises at which dead animals or renderable
raw materials are rendered, boiled, processed, or otherwise prepared to obtain
a product for commercial use or disposition, other than as food for human
consumption. The term includes all other operations and facilities that are
necessary or incidental to the establishment.
(22)
Renderable raw material--Any unprocessed or partially
processed material of animal or plant origin, other than a dead animal, that
is to be processed by rendering establishments. The term includes:
(A)
animals, poultry, or fish slaughtered or processed for
human consumption but that are unsuitable for that use;
(B)
the inedible products and by-products of animals, poultry,
or fish slaughtered or processed for human consumption;
(C)
parts from dead animals;
(D)
whole or partial carcasses of dead poultry or fish;
(E)
waste cooking greases; and
(F)
recyclable cooking oil.
(23)
Renderable raw material hauler--A person who collects
or transports renderable raw materials for commercial purposes.
(24)
Renderable raw material hauling vehicle--Any motorized
vehicle or detachable trailer used in the collection, receipt, transportation,
delivery, transfer, or storage of renderable raw materials for commercial
purposes.
(25)
Transfer station--A facility at which renderable raw materials
are transferred from one conveyance to another.
(26)
Vehicle permit decal--A valid registration decal issued
by the department.
(27)
Waste cooking grease--Any unprocessed or partially processed
grease, fat, or oil previously used in the cooking or preparation of food
for human consumption and no longer suitable for such use, also defined as
inedible kitchen grease.
(28)
Waste cooking grease hauler--Any person who collects,
receives, transports, delivers, transfers, or stores incidental to such activities
renderable raw material for commercial purposes, whether or not such person
is required to obtain a renderable raw material hauler license.
§221.3.Licensing Requirements, Construction Permit Requirements, Exemptions, Fees and Procedures.
(a)
Licensing requirements. All rendering businesses, renderable
raw material haulers and/or dead animal haulers shall obtain a license annually
from the department for each business and/or place of business operated as
a:
(1)
rendering establishment;
(2)
related station;
(3)
transfer station;
(4)
renderable raw material hauler;
(5)
dead animal hauler; or
(6)
combination dead animal and renderable raw material hauler.
(b)
Construction permit requirements. A person shall, prior
to construction, obtain a construction permit (except as provided by the Act, §144.042)
to construct a new rendering business or initiate construction involving replacement,
addition, renovations or expansion of a rendering business as a:
(1)
rendering establishment;
(2)
related station; or
(3)
transfer station.
(c)
Exemptions from licensing requirements. Rendering business
licensing requirements do not apply to the following:
(1)
a person who slaughters, butchers, manufactures, or sells
animal flesh or products only for use as food for human consumption, unless
the person also performs rendering operations or processes as defined in this
subchapter;
(2)
a person who transports or disposes of the bodies of animals
slaughtered for use as food for human consumption or the products of these
bodies only for that purpose;
(3)
an individual who disposes of the individual's own animal;
or
(4)
a governmental agency that collects, transports, or disposes
of dead animals and renderable raw materials.
(d)
Exemption from construction permit requirements. A construction
permit fee is not required if the following conditions are met.
(1)
The construction of a new rendering business is less than
$10,000.
(2)
The construction at a licensed rendering business is less
than $10,000.
(e)
The construction and layout requirements established under
the Act applies to the construction.
(f)
The department may prescribe other reasonable and appropriate
construction, operational, and maintenance requirements to ensure compliance
with the Act and rules of this chapter.
(g)
License fee. All rendering businesses, renderable raw material
haulers and/or dead animal haulers operating in Texas shall obtain a license
annually with the department except as provided for in subsection (c) of this
section and shall pay a licensing fee for each rendering business operated
as follows:
(1)
$350 for rendering establishments having gross annual sales
not exceeding $100,000;
(2)
$500 for each rendering establishments having gross annual
sales exceeding $100,000 but not more than $200,000;
(3)
$750 for each rendering establishments having gross annual
sales exceeding $200,000 but not more than $500,000;
(4)
$1,000 for each rendering establishment having gross annual
sales exceeding $500,000 but not more than $1 million;
(5)
$1,500 for each rendering establishment having gross annual
sales exceeding $1 million;
(6)
$400 for each related station license;
(7)
$400 for each transfer station license;
(8)
$250 for each dead animal hauler license;
(9)
$250 for each renderable raw material hauler license; and
(10)
$250 for each combination dead animal and renderable raw
material hauler license.
(h)
Vehicle permit decal fee. Except as exempted under subsection
(c) of this section, a renderable raw material and/or dead animal hauling
vehicle shall not be allowed to collect and transport dead animals or renderable
raw materials unless such vehicle displays a decal as prescribed by the department
and shall pay a permit decal fee of $25 for each vehicle.
(i)
Construction permit fee. An application for a construction
permit must be accompanied by a fee payable to the department and will be
based on the dollar value of construction cost as listed in this paragraph.
The applicant must provide validated information and any other information
required by the department to verify the construction cost. If construction
cost is:
(1)
Less than $10,000, then there is no permit fee required;
(2)
$10,000 - $49,999, the fee is $250;
(3)
$50,000 - $99,999, the fee is $500;
(4)
$100,000 - $249,999, the fee is $1,000;
(5)
$250,000 - $499,999, the fee is $1,500; and
(6)
$500,000 and over, the fee is $2,500.
(j)
License forms. License forms may be obtained by mail from
the Meat Safety Assurance Division, Texas Department of Health, 1100 West
49th Street, Austin, Texas 78756-3182, or from the Bureau of Food and Drug
Safety website at http://www.tdh.state.tx.us/bfds/lic/apps.html.
(k)
License applications and construction permits. A license
or construction permit application for each rendering business, renderable
raw material hauler and/or dead animal hauler shall be signed by the applicant
and notarized, shall be made on the license application furnished by the department,
shall be completed in its entirety, and shall be submitted with the license
or construction permit fee.
(l)
Issuance of license. The department may issue a license
to the owner of a rendering business, renderable raw material hauler, and/or
dead animal hauler after determining that the application is complete and
the applicant is in compliance with the Act and rules in this chapter.
(1)
A rendering business, renderable raw material hauler and/or
dead animal hauler operating license shall be valid from the date of issuance
until 12:00 midnight, December 31 of the calendar year in which the license
was issued.
(2)
The license shall be displayed in a prominent place at
the physical rendering business location.
(3)
A photocopy of the license should be placed in each rendering
business vehicle used to collect dead animals and/or renderable raw material.
(m)
Renewal of license--applicable to all operations subject
to the Act.
(1)
Each year the license holder shall renew his operator's
license in accordance with the requirements of this section.
(2)
The license holder shall renew the license by filing an
application for renewal on the form prescribed by the department accompanied
by the required licensing fee set by the department. A licensee must file
for renewal before the expiration date of the current license.
(3)
If the renewal fee is not paid before the expiration of
the 15th day after the date on which written notice of delinquency is provided
to the license holder by the department, the license expires.
(4)
If an operating license expires, a new application for
an operating license must be submitted along with the appropriate fee.
(5)
Failure to submit the renewal application annually may
subject the rendering business to the enforcement provision of this chapter, §221.8
(relating to Assessment of Administrative Penalties) and §221.9 (relating
to Denial, Suspension, or Revocation of License or Permit and Enforcement
Provisions.)
(6)
Falsification of an application will be grounds for denial
or revocation of a license.
(n)
Transferability of license. A rendering business license
is not transferable.
§221.4.Vehicles, Identification of Vehicles and Vehicle Permit Decals.
(a)
Vehicles:
(1)
must be leak proof;
(2)
must be sanitized each day of use and maintained in a manner
to preclude the creation of a nuisance;
(3)
may not be used to transport articles intended for use
as, or for the preparation of, human food; and
(4)
must comply with each applicable requirement of the Texas
Department of Public Safety for operation on public roads or highways as follows:
(A)
Verification of vehicle compliance with applicable insurance
requirements must either be kept in the vehicle or be in the possession of
the driver.
(B)
Vehicle must comply with gross vehicle weight limitations.
(b)
Identifying vehicles. Each licensee operating vehicles
used in transporting dead animals and/or rendering raw materials under the
provisions of this chapter shall have such vehicles identified in the following
manner.
(1)
Every vehicle used in the transportation of renderable
raw materials and/or dead animals shall display the name of the owner of the
vehicle in letters not less than two inches high on the outside of the driver
side front doors of the vehicle or on the driver side lower front corner of
the box or trailer in a color contrasting distinctly with the background.
(2)
The license number shall be permanently affixed to the
outside of each front door of the vehicle or on each side of the lower front
corner of the box or trailer in letters two inches high, and in a color contrasting
distinctly with the background. Preceding the license number shall be the
inscription "TRLA".
(3)
The identification shall be an integral part of the license,
and shall expire with said license. Upon sale or trade of any vehicle bearing
such identification, it shall be the responsibility of the licensee to remove
the identification.
(4)
Collection vehicles being operated and licensed under the
provision of this chapter shall bear, in addition to the identification described
in this section, an identifying decal issued by the department by which it
may be distinguished from all other vehicles. The decal will be displayed
in the windshield of the vehicle or in another location as approved by the
department (i.e., combination truck/trailer transport).
(5)
In the event a mechanical failure of a permitted vehicle,
the licensee should immediately contact the department and provisions will
be made for the issuance of a temporary permit for a period not exceeding
30 days, provided the replacement vehicle meets all requirements of this section.
(c)
Vehicle permit decal.
(1)
The owner of a renderable raw material and/or dead animal
transport vehicle may not operate or allow operation of a vehicle on public
roads and highways to haul dead animals or renderable raw materials unless
the vehicle bears a permit decal issued by the department.
(2)
To obtain a vehicle permit decal or a temporary vehicle
permit from the department, the owner must provide the following information:
(A)
the name, address and phone number where the owner or operator
of the vehicle can be contacted;
(B)
a description of the operations to be performed;
(C)
the year, make, model, license plate number, and manufacturer's
vehicle identification number for the vehicle;
(D)
the vehicle's gross weight limitation;
(E)
verification of insurance;
(F)
a list of drivers' names, and respective Texas drivers
license numbers, of employees who operate the vehicle; and
(G)
other information as may be required by the department
to verify information in this paragraph.
§221.5.Records.
(a)
Each licensed rendering business, renderable raw material
hauler and/or dead animal hauler must maintain records identifying locations
where renderable materials were obtained and delivered. These records must
be maintained for a period of 12 months from the date the record was created.
(b)
Each licensed rendering business and/or animal hauler shall
have a log bearing the name of the licensed rendering business or dead animal
hauler on the front of the log. The following information shall be entered
into the log immediately upon receipt of a dead animal:
(1)
the date and time of pickup and the number of dead animal(s)
picked up at each location;
(2)
the collection vehicle driver's name;
(3)
a description of the dead animal(s);
(4)
the location and county where the dead animal(s) was/were
picked up;
(5)
the name of the owner or person in possession of the dead
animal(s); and
(6)
the general route followed in making the collection and
delivery to the rendering establishment. (This information may be kept in
an appendix to the log.)
(c)
The log is subject to inspection at all reasonable times
by an authorized employee of the department.
(d)
Refusal to present the log for inspection by an authorized
employee of the department constitutes grounds for license revocation and/or
other enforcement as provided in the Act and the rules in this chapter.
(e)
Compliance with this chapter does not excuse violation
of the requirements in Health and Safety Code, Chapter 433, §433.029
relating to articles not intended for human consumption; §433.034 relating
to records; §433.056 relating to inedible animal products, §433.083
relating to investigation by the commissioner; §433.085 relating to reporting
to the commissioner; and §433.091 relating to false reports, failure
to report.
§221.6.Rendering Business Construction, Operational Requirements and Grounds.
(a)
Construction. All construction of a rendering establishment,
related station or transfer station must meet the minimum requirements of
Health and Safety Code, §§144.051-144.055, except to the extent
the department grants a written variance. The construction:
(1)
must provide for sanitary operations and environmental
conditions;
(2)
must prevent the spread of disease-producing organisms
and infectious or noxious materials;
(3)
must prevent the development of a malodorous condition
or a nuisance; and
(4)
shall be suitable in size, construction, and design to
facilitate maintenance and sanitary operations for the rendering process.
(A)
Plant buildings and structures must provide sufficient
space for placement of equipment and storage of materials as is necessary
for the maintenance of sanitary operations.
(B)
Plant buildings and structures must be constructed in such
a manner that floors, walls, ceilings, and equipment may be adequately cleaned
and kept clean and in good repair.
(i)
All exposed surfaces, including, but not limited to, floors,
ceilings, doors, equipment, and overhead structures shall be a smooth washable
surface of concrete, metal, or other equally impervious and easily cleanable
material.
(ii)
Floors in all raw material processing areas should be
sloped for drainage purposes.
(C)
Plant buildings and structures must provide protection
against the entrance and harborage of pests including, but not limited to:
(i)
eliminating crevices and/or openings that may provide shelter
or harborage for pests; and
(ii)
providing, where necessary, screening or other protection
against pests.
(D)
Plant buildings and structures must be equipped with, and
provide for, adequate sanitary facilities and accommodations, including, but
not limited to:
(i)
toilet and dressing room facilities for employees of each
sex, adequately vented to outside air;
(ii)
hand wash facility with hot and cold running water-utilizing
fixtures, such as waste control valves, designed and constructed to protect
against recontamination of clean hands;
(iii)
suitable sanitizing preparation to clean hands; and
(iv)
sanitary towels or other suitable drying device(s).
(E)
Water supply shall be sufficient for the operations intended
and shall be derived from a potable source, either a public water supply or
a private supply, tested and treated, if necessary, to insure a safe sanitary
quality.
(i)
Hot and cold running water under ample pressure shall be
provided in all areas where required for the cleaning of floors, walls, equipment,
utensils, vehicles and employee sanitary facilities.
(ii)
The hot water system must have sufficient capacity to
furnish ample water with a temperature of at least 180 degrees Fahrenheit
during processing and cleanup.
(iii)
Water from unsafe or questionable sources may be used
only for limited purposes such as fire control or condenser systems and such
supply lines must be clearly identified.
(iv)
Other than hand-operated sinks with hot and cold water,
sanitary towels or other suitable drying devices and hand cleaning sanitizer
must be placed at strategically acceptable locations throughout the plant
to ensure employee hygiene.
(v)
A potable source of drinking water must be provided in
a readily accessible area.
(F)
Plumbing must be installed in compliance with state law
and applicable local plumbing ordinances and must be designed, installed and
maintained to protect the establishment's water supply from contaminants through
cross-connections, back siphonage or back-flow leakage.
(i)
Drainage must be provided in all areas where floors are
subject to wash down type cleaning or when normal operations release or discharge
water or other liquid waste on the floor.
(ii)
Discharge into the drainage system of solid wastes likely
to clog the drainage system should be prevented.
(iii)
Liquid wastes containing solid material must be passed
through a separator or indirect receptor that retains the solids before discharge
into the drainage system.
(iv)
Toilet soil lines must be separate from house drain lines
and must connect to the sanitary sewage system at a point past the grease
trap or separator system.
(G)
Truck washing. A rendering business shall provide a paved,
curbed area sloped to drain, adequate in size for washing and sanitizing vehicles.
This area must be provided with adequate hot water sufficient to sanitize
the vehicle. The paved area must be provided with adequate drainage that leads
to a sewer system.
(H)
Equipment and utensils shall be so designed and of such
material and workmanship as to be cleanable and properly maintained.
(i)
The design, construction and use of equipment and utensils
shall preclude the adulteration of renderable materials with contaminants
unacceptable for use as animal feed or topical cosmetics.
(ii)
All equipment should be so installed and maintained as
to facilitate cleaning of the equipment and all adjacent spaces.
(iii)
Holding, conveying and manufacturing systems should be
designed and constructed so as to be maintained in a clean condition.
(iv)
Freezer and cold storage compartments used to store and
hold renderable raw materials shall be so designed and of such materials and
workmanship as to be easily cleaned and properly maintained.
(I)
A rendering business shall provide and maintain a sufficient
odor abatement system to dispel disagreeable odor, condensate, and vapor.
(J)
A rendering business shall prevent malodorous condition
in a manner acceptable to the Texas Natural Resource Conservation Commission
(TNRCC).
(b)
Operational requirements. All rendering business operations
including, but not limited to, the receiving, transporting, segregating, preparing,
manufacturing, and storing of renderable raw materials, dead animals and finished
products, shall be conducted in accordance with good public health sanitation
principles.
(1)
Appropriate quality control measures shall be employed
to ensure products intended for use as animal foods or topical cosmetics are
suitable for such use.
(2)
Overall sanitation of the rendering business shall be under
the supervision of one or more competent individuals assigned responsibility
for this function. Renderable raw materials and/or dead animals received by
a rendering business should be immediately placed in the rendering process;
but may be stored for a period that shall not exceed 48 hours and in a manner
that shall preclude the creation of a nuisance or a malodorous condition.
(3)
During operations, the floors in the processing areas shall
be kept reasonably free from processing wastes, including but not limited
to:
(A)
blood;
(B)
manure;
(C)
scraps;
(D)
grease;
(E)
water;
(F)
dirt;
(G)
litter; or
(H)
other objectionable conditions.
(4)
Floors shall be thoroughly cleaned at the end of each day's
operations.
(5)
Cooking and/or other dehydration operations shall be conducted
in a manner that prevents the survival of disease-producing organisms in the
processed materials.
(6)
All cooked or finished materials shall be kept separate
and apart from dead animals and/or renderable raw materials in a manner that
prevents contamination.
(7)
Conditions or storage facilities that lend themselves to
the possibility and/or probability of cross-contamination of finished product
should be corrected, eliminated, or replaced in a manner acceptable to the
department.
(8)
Protein derived from mammalian tissue may not be used in
feed for ruminant animals as prohibited by Title 21, Code of Federal Regulations,
Part 589.2000. Renderers that do not separate prohibited from nonprohibited
material shall do the following to be in compliance with U.S. Food and Drug
Administration (FDA) requirements:
(A)
label all products that contain or may contain prohibited
material with the following statement, "Do not feed to cattle or other ruminants";
and
(B)
maintain records sufficient to trace the materials through
their receipt, processing, and distribution.
(9)
A rendering business, renderable raw material hauler and/or
dead animal hauler may not contaminate or commingle waste cooking greases
or recyclable cooking oils with grease trap waste or grit trap waste, or any
other substance that would render the greases or oil harmful or otherwise
unsuitable for use as an ingredient intended for use in livestock feed or
topical cosmetic products.
(c)
Grounds. The premises of a rendering business, under the
control of the operator shall be kept clean and neat, in good repair, and
reasonably free from refuse, waste materials, rodent infestation, insect breeding
places, standing water, and other objectionable conditions. The methods for
adequate maintenance of grounds include, but are not limited to:
(1)
properly storing equipment, removing litter and waste,
and cutting weeds or grass within the immediate vicinity of the plant buildings
or structures that may constitute an attractant, breeding place, or harborage
for pests;
(2)
constructing and/or maintaining refuse receptacles in a
manner that does not create a nuisance and/or become an attractant for pests;
(3)
conveying, storing and disposing of rubbish and waste materials
so as to minimize the development of odor; minimize the potential for the
waste becoming an attractant, harborage, or breeding place for pests; and
protect against contamination of the water supply and ground surfaces;
(4)
maintaining roads, yards, and parking lots so that they:
(A)
do not have standing pools of water;
(B)
become an attractant for pests; or
(C)
constitute a nuisance.
(5)
draining areas that may contribute to, or provide, a breeding
place for pests; and
(6)
operating waste treatment and disposal systems such as
grease traps, separators, and similar equipment in a manner that does not
create a nuisance.
§221.7.Prohibited Acts.
Prohibited acts include but are not necessarily limited to the following.
(1)
A person shall not operate a rendering business without
first obtaining a license issued by the department.
(2)
A person shall not steal or misappropriate renderable raw
materials of any type.
(3)
A person shall not contaminate or otherwise cause adulteration
of waste cooking grease by commingling it with unacceptable materials, such
as, but not limited to, grease trap waste, if such waste cooking grease is
intended for use in livestock feed or topical cosmetics.
(4)
No licensed rendering business or any other person shall
take possession of renderable raw material from a person not licensed by the
department and whose vehicle does not display a vehicle permit decal issued
by the department in a manner prescribed by the department.
(5)
A person shall not take possession of stolen renderable
raw materials, which include waste cooking grease.
(6)
A person not licensed by the department may not transport
renderable raw materials from any place within this state to any place outside
the borders of the state.
(7)
A person may not receive, hold, slaughter, butcher, or
otherwise process any animal as food for human consumption in a building or
compartmented area of a building used as a rendering establishment or related
station.
(8)
A person may not transport items intended for use as, or
in the preparation of, food, in vehicles used to transport dead animals or
renderable raw materials.
§221.8.Assessment of Administrative Penalties.
(a)
Administrative penalties and hearings. Administrative penalties
may be assessed against a person who violates this chapter or the Act. A person
who receives notice that an administrative penalty is proposed to be assessed,
shall have the right to request a formal hearing, or to show compliance with
the rules. A hearing shall be held under the provisions of the Administrative
Procedures Act, Government Code, Chapter 2001, and the State Office of Administrative
Hearings (SOAH) rules contained in 1 TAC, Chapter 155.
(b)
Criteria for the assessment of administrative penalties.
The department shall assess administrative penalties in accordance with the
following criteria:
(1)
the seriousness of the violation;
(2)
history of previous violations:
(A)
the department may consider previous violations;
(B)
the base penalty may be reduced or increased based on past
performance; and
(C)
past performance involves the consideration of the following
factors:
(i)
how similar the previous violation was;
(ii)
how recent the previous violation was; and
(iii)
the number of previous violations in regard to correction
of the problem.
(3)
demonstrated good faith:
(A)
the department may consider demonstrated good faith;
(B)
the base penalty may be reduced if good faith efforts to
correct a violation have been made, or are being made; and
(C)
good faith effort may be determined by the department on
a case-by-case basis and shall be fully demonstrated by the alleged violator.
(4)
hazard to the health and safety of the public:
(A)
the department may consider the hazard to the health and
safety of the public;
(B)
the base penalty shall be increased when a direct hazard
to the health and/or safety of the public is involved; and
(C)
the department may take into account, but need not be limited
to, the following facts:
(i)
whether any disease or injuries have occurred from the
violation;
(ii)
whether any existing condition contributed to a situation
that could expose humans to a health hazard; or
(iii)
whether the consequences would be of an immediate or
long-range hazard; and
(5)
other factors. The department may consider other factors
as justice may require.
(c)
Severity levels.
(1)
Violations. The violations may be categorized by one of
the following severity levels.
(A)
Severity Level I covers violations that are most significant
and have a direct negative impact on, or represent a threat to, the public
health and safety. Examples of Severity Level I violations include, but are
not limited to:
(i)
operation of any licensable rendering related activity
without a license;
(ii)
willfully diverting inedible products into human food
channels; or
(iii)
the adulteration of any product intended for use in animal
food or topical cosmetics which would make it unsuitable for such use.
(B)
Severity Level II covers violations that are very significant
and have impact on the public health and safety. Examples of Severity Level
II violations include, but are not limited to:
(i)
taking possession of stolen renderable raw materials, which
includes waste cooking grease;
(ii)
continuing to operate any rendering business following
expiration of a license;
(iii)
failure to provide access to premises to department representatives
for the purpose of conducting a compliance inspection or complaint investigation;
or
(iv)
any other act that results in fraud.
(C)
Severity Level III covers violations that are significant
and which, if not corrected, could threaten the public and have adverse impact
on the public health and safety. Examples of Severity Level III violations
include, but are not limited to:
(i)
operating a renderable raw material collection vehicle
which does not display a vehicle permit decal issued by the department in
a manner prescribed by the department;
(ii)
purchasing renderable raw materials from a hauler that
is not licensed by the department if required by the Act;
(iii)
purchasing renderable raw materials from a person whose
collection vehicle does not display a vehicle permit decal; or
(iv)
construction of new facilities and/or additions to existing
facilities without a construction permit.
(D)
Severity Level IV covers violations that are of more than
minor significance, and if left uncorrected, would lead to more serious circumstances.
Examples of Severity Level IV violations include, but are not limited to:
(i)
falsifying any information on an application for a rendering
business operator's license or a hauler's license;
(ii)
creating a nuisance as defined by Health and Safety Code §341.011;
(iii)
failing to provide upon request, a record of all purchases
and sales of renderable raw material as required by §221.5 of this title
(relating to Records).
(iv)
operating any rendering related activity in excess of
fifteen days following notification of expiration of a current license; or
(v)
constructing any facility or addition to an existing facility
without having a construction permit as required by the Act and the rules
of this chapter.
(E)
Severity Level V covers violations that are of minor safety
or fraudulent significance. Examples of Severity Level V violations include,
but are not limited to:
(i)
failing to maintain a minimum level of sanitation;
(ii)
failing to maintain a clean leak-proof vehicle; or
(iii)
failing to display the required and correct Texas Renderers'
Licensing Act number and business name on vehicles used in his/her rendering
business.
(2)
Severity of a violation. The severity of a violation may
be increased if the violation involves deception, fraud, or other indication
of willfulness. In determining the severity of a violation, the department
shall take into account the economic benefit gained through noncompliance.
(d)
Levels of penalties. The department will impose the following
penalties according to the severity level:
(1)
Level I--$15,000;
(2)
Level II--$10,000;
(3)
Level III--$6,250;
(4)
Level IV--$3,750; and
(5)
Level V--$1,250.
(e)
Each day a violation continues may be considered a separate
violation.
§221.9.Denial, Suspension or Revocation of License or Permit and Enforcement Provisions.
(a)
Basis. The department may, after providing notice and opportunity
for hearing, deny, suspend or revoke a license or permit for violations of
the requirements in the Act and the rules in this chapter.
(b)
Hearing. All hearings for the denial, suspension or revocation
of a license or permit are governed by the SOAH rules contained in 1 TAC,
Chapter 155, and the Administrative Procedures Act, Government Code, Chapter
2001.
(c)
Injunction. If it appears that a person has violated or
is violating the Act, or an order issued or a rule adopted under the Act,
the commissioner may request the Attorney General bring an action in any district
court of this state that has jurisdiction for an injunction to compel compliance
with this chapter.
(d)
Reinstatement. The commissioner may reinstate a suspended
license or permit, if the person corrects the violations that were the basis
for the suspension.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State, on July 27, 2000.
TRD-200005215
Susan K. Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: September 10, 2000
For further information, please call: (512) 458-7236
Chapter 406.
ICF/MR PROGRAMS
Subchapter G. ADDITIONAL FACILITY RESPONSIBILITIES
25 TAC §406.311
The Texas Department of Mental Health and Mental Retardation
(department) proposes new §406.311, concerning living options, of Chapter
406, Subchapter G, concerning additional facility responsibilities.
The new section requires an intermediate care facility for persons with
mental retardation (ICF/MR)--other than a state mental retardation facility
operated by the department--to discuss living options at least annually with
each resident or the resident's legally authorized representative (LAR). The
facility must use the Living Options instrument developed by the department
as the basis for the discussion. The facility must notify the local mental
retardation authority (MRA) about each resident who expresses a preference
for an alternate living arrangement or whose LAR expresses a preference on
the resident's behalf. Once the MRA is notified, the MRA must contact the
resident or LAR to discuss alternate living arrangements, enter the resident's
name in CARE system if the service requested is not available and assist the
resident is accessing the service when it becomes available. The new section
is responsive to a recommendation from the Promoting Independence Advisory
Board to the Texas Health and Human Services Commission that the department
develop procedures to identify each individual residing in an ICF/MR who prefers,
or whose LAR prefers, an alternate living arrangement.
The new section does not apply to state mental retardation facilities (state
schools and those state centers with a residential component) because department
policy requires each state mental retardation facility to discuss alternate
living arrangements with residents or LARs on an annual basis.
William R. Campbell, deputy commissioner, Finance and Administration, has
determined that for each year of the first five years the proposed new section
is in effect, enforcing or administering the new section does not have foreseeable
implications relating to costs or revenues of the state or local governments.
Barry Waller, director, Long Term Services and Supports, has determined
that for each year of the first five-year period the new section is in effect,
the public benefit expected is the identification of individuals residing
in community ICFs/MR who prefer an alternate living arrangement and the provision
of alternate living arrangements for as many of those individuals as possible.
In addition, the information derived from the Living Options assessment instrument
will assist the department and local MRAs in planning and developing home
and community-based services. It is not anticipated that the new section will
have an adverse economic effect on small businesses or micro businesses because
the ICF/MR may choose to have the discussion of living options during an already
scheduled meeting of the resident's interdisciplinary team. It is not anticipated
that the proposed new section will affect a local economy.
Comments concerning this proposal must be submitted in writing to Linda
Logan, director, Policy Development, Texas Department of Mental Health and
Mental Retardation, by mail to P.O. Box 12668, Austin, Texas 78711, or by
fax to (512) 206-4750, within 30 days of publication of this notice.
The new section is proposed under the Texas Health and Safety
Code, §532.015(a), which provides the Texas Board of Mental Health and
Mental Retardation with broad rulemaking authority; the Texas Government Code, §531.021(a),
and the Texas Human Resources Code, §32.021(a), which provide the Texas
Health and Human Services Commission (THHSC) with the authority to administer
the federal medical assistance (Medicaid) program in Texas; Acts 1995, 74th
Texas Legislature, Chapter 6, §1, (Senate Bill 509), which clarifies
the authority of THHSC to delegate the operation of all or part of a Medicaid
program to a health and human services agency; and the Human Resources Code, §32.021(c),
which provides an agency operating part of the Medicaid program with the authority
to adopt necessary rules for the proper and efficient operation of the program.
THHSC has delegated to the department the authority to operate the ICF/MR
program.
The proposed new section affects Texas Government Code, §531.021(a)
and the Texas Human Resources Code, §32.021(a) and (c).
§406.311.Living Options.
(a)
The following words and terms, when used in this section,
shall have the following meanings:
(1)
Facility--An intermediate care facility for persons with
mental retardation or a related condition, as described in 42 Code of Federal
Regulations, §440.150, other than a state mental retardation facility
operated by the department.
(2)
Individual--A person enrolled in the ICF/MR program and
residing in a facility.
(3)
IDT (interdisciplinary team)--A group of people assembled
by the facility who possess the knowledge, skills, and expertise to develop
an individual's Individual Program Plan, including mental retardation professionals
and paraprofessionals and, with approval from the individual or LAR, other
concerned persons.
(4)
LAR (legally authorized representative)--A person authorized
by law to act on behalf of an individual with regard to a matter described
in this section, and may include a parent, guardian, or managing conservator
of a minor individual, or the guardian of an adult individual.
(5)
MRA (mental retardation authority)--An entity to which
the Texas Mental Health and Mental Retardation Board delegates its authority
and responsibility within a specified region for planning, policy development,
coordination, and resource development and allocation and for supervising
and ensuring the provision of mental retardation services to persons with
mental retardation in one or more local service areas. A local service area
consists of one or more counties.
(b)
At least annually or upon the request of an individual
or the individual's LAR, the IDT must discuss living options with the individual
or LAR using the Living Options instrument, copies of which are available
on the department's website at www.mhmr.state.tx.us or by contacting Office
of Medicaid Administration, Texas Department of Mental Health and Mental Retardation,
P.O. Box 12668, Austin, Texas 78711.
(1)
The facility must document the discussion in the IDT summary
and file the summary in the individual's facility record.
(2)
If the individual or the individual's LAR expresses interest
in an alternate living arrangement, the facility must send a copy of the IDT
summary to the MRA for the county in which the facility is located.
(c)
If an MRA receives an IDT summary, the MRA must:
(1)
contact the individual or the individual's LAR to discuss
the alternate living arrangements in which the individual or LAR has expressed
an interest;
(2)
enter on the Client Assignment and Registration (CARE)
system the individual's name and the specific type of service requested if
that service will not be available within 30 calendar days of the date of
request; and
(3)
assist the individual in accessing the service requested
when it becomes available.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on July 31, 2000.
TRD-200005317
Charles Cooper
Chair, Texas Mental Health and Mental Retardation Board
Texas Department of Mental Health and Mental Retardation
Earliest possible date of adoption: September 10, 2000
For further information, please call: (512) 206-4516
Chapter 621.
EARLY CHILDHOOD INTERVENTION
Subchapter B. EARLY CHILDHOOD INTERVENTION SERVICE DELIVERY
Texas Civil Statutes, Article 4552-A
], concerning the
issuance of a contact lens prescription, a patient's right of access to that
prescription, and the regulation of persons filling contact lens prescriptions.
Texas Civil Statutes, Article
4552-A
].
Texas Civil Statutes, Article
4551-1, §10A
].
, and
Chapter 1 of this title (relating to Texas Board of Health)
].
Texas Civil Statutes,
Article 6252-13d (Suspension, Revocation, or Denial of License to Persons
with Criminal Backgrounds; Guidelines and Application of Law)
].
Article 6252-13c, §4
] (
Ineligibility for License
[
Eligibility of Persons with Criminal Backgrounds for Certain
Occupations, Professions, and Licenses
]) shall be considered in determining
eligibility for a permit.
Chapter 221.
MEAT SAFETY ASSURANCE
Subchapter A. TRANSPORTING DEAD ANIMALS AND RENDERING
Part 2.
TEXAS DEPARMENT OF MENTAL HEALTH AND MENTAL RETARDATION
Part 8.
INTERAGENCY COUNCIL ON EARLY CHILDHOOD INTERVENTION