Part 4.
OFFICE OF THE SECRETARY OF STATE
Chapter 102.
HEALTH SPAS
Subchapter B. REGISTRATION PROCEDURES
1 TAC §102.17
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the Office of
the Secretary of State, Texas Register office, Room 245, James Earl Rudder
Building, 1019 Brazos Street, Austin.)
The Office of the Secretary of State proposes the
repeal of §102.17 concerning the procedure for the registration of certain
health facilities. The purpose of the repeal is to conform to procedures specified
in §702.201 and §702.202 of the Texas Occupations Code for establishing
an exemption from the security requirements of Subchapter D of the Occupations
Code.
Guy Joyner, Chief, Legal Support Unit, Statutory Documents Section has
determined that there will be no fiscal implications for state or local government
or small business as a result of the repeal of §102.17.
Mr. Joyner also has determined the public benefit anticipated will be the
clarification of the procedure for applying and qualifying for an exemption
from the security requirements of Subchapter D of the Texas Occupations Code.
There will be no effect on large businesses, small businesses or micro-businesses.
There will be no additional economic cost to individuals. There is no anticipated
impact on local employment.
Comments on the proposed repeal may be submitted to Guy Joyner, Chief,
Legal Support Unit, Statutory Documents Section, P.O. Box 12887, Austin, Texas
78711-2887.
The repeal is proposed under the Texas Government Code, §2001.004(1)
and the Health Spa Act, Texas Occupations Code, §702.051 which provide
the Secretary of State with the authority to prescribe and adopt rules. No
other statutes, articles or codes are affected by this repeal.
§102.17.Procedure for the Registration of Certain Exercise Facilities.
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 August 1, 2001.
TRD-200104437
Geoffrey S. Connor
Assistant Secretary of State
Office of the Secretary of State
Earliest possible date of adoption: September 16, 2001
For further information, please call: (512) 475-0775
1 TAC §102.18
The Office of the Secretary of State proposes new rule §102.18
concerning the filing of an application for an exemption from the security
requirements of Subchapter D of the Texas Occupations Code. This rule is proposed
in order to clarify the procedure for applying for an exemption from the security
requirements specified in §702.151 of the Texas Occupations Code.
Guy Joyner, Chief, Legal Support Unit, Statutory Documents Section has
determined that for the first five year period that the proposed amendment
is in effect there will be no fiscal implications for state or local government
or small business as a result of enforcing the amendment.
Mr. Joyner also has determined that for each year of the first five years
that the amendment is in effect the public benefit anticipated as a result
of enforcing the amendment will be the clarification of the procedure for
applying and qualifying for an exemption from the security requirements of
Subchapter D of the Texas Occupations Code. There will be no effect on large
businesses, small businesses or micro-businesses. There will be no additional
economic cost to individuals. There is no anticipated impact on local employment.
Comments on the proposed rule may be submitted to Guy Joyner, Chief, Legal
Support Unit, Statutory Documents Section, P.O. Box 12887, Austin, Texas 78711-2887.
The amendment is proposed under the Texas Government Code, §2001.004(1)
and the Health Spa Act, Texas Occupations Code, §702.051 which provide
the Secretary of State with the authority to prescribe and adopt rules. The
amendment affects the Texas Occupations Code, §§702.201, 702.202
and 702.205.
§102.18.Application for Exemption from the Security Requirements.
(a)
A registrant applying for an exemption from the security
requirements of Subchapter D of the Texas Occupations Code must use the application
form prescribed by the secretary of state.
(b)
The application form may be obtained from the Statutory
Documents Section of the Office of the Secretary of State, P.O. Box 12887,
Austin, Texas 78711-2887, (512) 463-6906. It is also available on the Internet
at http://www.sos.state.tx.us/statdoc/forms/3006.doc
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 August 1, 2001.
TRD-200104431
Geoffrey S. Connor
Assistant Secretary of State
Office of the Secretary of State
Earliest possible date of adoption: September 16, 2001
For further information, please call: (512) 475-0775
1 TAC §102.35
The Office of the Secretary of State proposes an amendment
to §102.35 concerning the adjudication of member's claims when a health
spa has ceased operations. The purpose of the amendment is to conform §102.35
to amendments to Chapter 702 of the Occupations Code that were made by the
77th Texas Legislature in Senate Bill 1318.
Guy Joyner, Chief, Legal Support Unit, Statutory Documents Section has
determined that for the first five year period that the proposed amendments
are in effect there will be no fiscal implications for state or local governments
as a result of enforcing the amendment. Health spa registrants that close
health spa facilities may see reduced costs in providing notice of the closing
to members. There is no other effect on large businesses, small businesses
or micro-businesses. There is no anticipated additional economic cost to individuals
who are required to comply with the amendment as proposed. There is no anticipated
impact on local employment.
Mr. Joyner also has determined that for each year of the first five years
that the amendment is in effect the public benefit anticipated as a result
of enforcing the amendment will be the establishment of a cost effective method
of informing the members of a closed health spa of the procedure for filing
a claim with the Office of the Secretary of State.
Comments on the proposed amendment may be submitted to Guy Joyner, Chief,
Legal Support Unit, Statutory Documents Section, P.O. Box 12887, Austin, Texas
78711-2887.
The amendment is proposed under the Texas Government Code, §2001.004(1)
and the Health Spa Act, Texas Occupations Code, §702.051 which provide
the Secretary of State with the authority to prescribe and adopt rules. The
amendment affects the Texas Occupations Code, §§702.253, 702.254
and 702.452.
§102.35. Adjudication of Claims.
(a)
Within
10
[
(1)
the health spa has ceased operations [
(2)
members of the health spa
may
have suffered
financial losses within the meaning of the Act and these rules;
and
(3)
the secretary intends to:
[
[(B)
use any other reasonable method, to include
regular mail, deemed by the secretary to provide sufficient notice to members
of the health spa of the fact that the health spa is closed and that a member
has 90 days from the date of the notice to perfect a claim under the security
posted;]
[(4)
the secretary intends to perfect a claim
against the bond or other security for the reasonable expenses incurred in
providing notice to the members. The maximum amount of such expenses shall
not exceed $3,000.]
[(b)
Unless the surety or obligor, as the
case may be, timely contests the preliminary determination of the secretary
pursuant to the Administrative Procedure and Texas Register Act (Texas Civil
Statutes, Article 6252-13a (Vernon Supp. 1992)), the secretary shall proceed
to publish the notice.]
[
[(1)
If it is decided to publish in a newspaper, the secretary
shall publish a display advertisement in a newspaper of general circulation
in the county or nearest county in which the health spa is located notifying
the public of the fact that the health spa is closed and the member has 90
days from the date of the first notice to perfect a claim under the security
posted pursuant to this Act, §10. The notice shall be published for two
consecutive Saturdays and Sundays and shall inform those affected of the procedures
for perfecting a claim against the security. The secretary shall have a claim
against the security for reasonable expenses incurred in publishing the notice
which shall not exceed $3,000.]
(b)
The notice must be:
(1)
at least 8 1/2 by 11 inches in size;
(2)
posted in a place that is readily accessible to the general
public during the former operating hours of the health spa; and
(3)
posted continuously for at least 14 days.
(c)
If, no later than 10 days from the date
the secretary discovers a health spa is closed, the secretary determines that
the registrant has not posted the required notice, the secretary will take
action to post the notice.
(d)
[
(e)
[
(f)
[
(g)
[
(1)
Closed--The condition wherein the facilities of a health
spa are no longer available to its members and equivalent facilities within
10 miles of the closed facility have not been made available to the members
of the closed facilities; or where a registrant has sold a registered location
and the security required in section of the Act has not been transferred to
the new owner or the new owner has neither adopted nor honored the contracts
of existing members.
(2)
Gross monthly payment--The gross monthly payment shall
be calculated by determining the total of payments, including down payments
and initiation fees required by the contract, divided by the total number
of months in the term of the contract.
(3)
Calculation of dates--The date of closing and the date
of the contract expiration shall be rounded to the nearest full month. The
total months remaining on the contract shall be calculated by subtracting
the date of closing from the expiration date of the contract. The result will
be expressed in whole months.
(h)
[
(i)
[
(j)
[
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 August 1, 2001.
TRD-200104438
Geoffrey S. Connor
Assistant Secretary of State
Office of the Secretary of State
Earliest possible date of adoption: September 16, 2001
For further information, please call: (512) 475-0775
Chapter 125.
SUPPORT SERVICES DIVISION--TRAVEL AND VEHICLE
Subchapter A. TRAVEL MANAGEMENT SERVICES
1 TAC §125.28, §125.29
The General Services Commission (GSC) proposes a new rule
to Title 1, T.A.C., Chapter 125, Subchapter A, §125.28 concerning Travel
Agency Transaction Fees, and proposed amendments to §125.29 concerning
Texas Counties Use of Contract Airline Fares and/or Travel Agency Services.
It is the intent of the General Services Commission in the proposed new §125.28
to change the method for compensating travel agencies. The commission is proposing
implementing transaction fees on ticketed airline reservations based on the
following changes in the travel industry: the airlines initiated the reduction
of commission payments at different percentage levels to travel agencies for
ticketed reservations; the airlines paid a ten percent (10%) commission without
caps to contract travel agencies for ticketed airline reservations; contract
travel agencies were issuing paper tickets and providing ticket delivery services
to the state without a charge; electronic ticketing is more efficient and
cost effective for the airlines, passengers, and travel agencies; and the
contract travel agency rebate program to the state was eliminated.
The proposed amendments to §125.29 are made in accordance with H.B.
3150, 77th Leg. (effective June 11, 2001) relating to authorizing county officers
and employees to receive reduced travel agent fees for travel arrangements
for official county business.
Mr. Frank H. Mays, Director of Support Services Division, has determined
for the first five year period the new rule §125.28 is in effect, there
will be fiscal implications for state government. state agencies that are
participating in the travel agency contract portion of the Commission's Travel
Program will incur a transaction fee based on a specific service level for
each ticketed airline reservation. The annual cost to the state to implement
transaction fees using the Full Travel Agency Service is estimated to be approximately
$515,000.00. This approximate cost will remain the same for all five years.
The actual cost cannot be determined at this time since each individual state
agency will determine the level of service to be used by its travelers. If
state agencies use any combination of the service levels, the fiscal impact
will be a lower cost to the state.
The amendments to §125.29 will provide for counties participating
in using the travel agency portion of the program to be charged a portion
of the administration costs incurred by the state in extending this program
to counties.
Assuming 30 counties also participate in the travel agency portion of the
program with an approximate savings of $3,765 each, Texas counties could expect
to save $112,950 per year based on the reduced average transaction fees paid
by counties.
There will be positive fiscal implications for local governments as a result
of the simultaneous adoption of proposed new rule §125.28 and the proposed
amendments to §125.29.
Mr. Frank H. Mays, Director of Support Services Division, further determines
that for each year of the first five-year period the new rule §125.28
is in effect, the public benefit anticipated as a result of enforcing these
rules will be the possibility of additional travel agencies contracting with
the State of Texas; The enforcement of these rules will allow the contract
travel agencies to charge a transaction fee on a ticketed airline reservation,
thereby compensating travel agencies for some of the cost of doing business
with the state.
The public benefit anticipated as a result of enforcing proposed amendments
to §125.29 for each year of the first five year period the rule is in
effect is reduced travel agent fees for making travel arrangements for county
officers and employees who travel on official county business.
There will be no effect on large, small or micro-businesses. There is no
anticipated economic costs to persons who are required to comply with these
rules and there is no impact on local employment.
Comments on the proposals may be submitted to Cynthia J. Hill, Acting General
Counsel, General Services Commission, P.O. Box 13047, Austin, TX 78711-3047.
Comments must be received no later than thirty days from the date of publication
of the proposal to the Texas Register.
The amendments are proposed under the authority of the Texas
Government Code, Title 10, Subtitle D, §§2152.003 and 2171.002,
2171.055 and H.B. 3150, 77th Leg. which provides the commission with the authority
to promulgate rules necessary to implement the sections.
The following code is affected by these rules: Government Code, Title 10,
Subtitle, Chapter 2171.
§125.28.Travel Agency Transaction Fees.
(a)
A travel agency that has a Travel Agency Services Contract
with the state to provide travel services to state agencies and/or counties
may charge a base transaction fee for ticketing an airline reservation made
for official state and/or county business.
(b)
Travel agency base transaction fees will be based on the
following:
(1)
The maximum allowable base transaction fee is ten percent
(10%) of the average state ticket price less the current commissions paid
by the contract airlines to the travel agencies based on the level of service
provided;
(2)
the base transaction fee based on the level of service
provided may be adjusted up or down when thirty (30%) of the state's flights
by usage is affected by a commission change made by the contract airlines
and shall be implemented through revisions in the Travel Agency Services Contract
no more than thirty (30) business days after the effective date of the change.
(c)
Applicable travel agency base transaction fees may only
be charged at the amounts set forth in subsection (d) of this section for
the level of service actually provided and defined as follows:
(1)
Full Travel Agency Service - The issuance of an electronic
or paper airline ticket from a reservation made over the telephone (toll-free
service available) after speaking with a travel agent;
(2)
Electronic Service - The issuance of an electronic or paper
airline ticket from a reservation made through a FAX request and/or E-Mail
correspondence sent to a contract travel agency;
(3)
Web-Based On-Line Booking System - The issuance of an electronic
or paper airline ticket from a reservation made through a Web-based on-line
booking selection service (traveler does not obligate funds) and transmitted
to the contract travel agency for processing;
(4)
Full State Agency and/or County Service - The issuance
of an electronic or paper airline ticket from reservations made totally by
state agency and/or county staff with reservation/ticketing systems provided
by the travel agency.
(d)
The base transaction fees per level of service provided
are as follows:
(1)
Full Travel Agency Service fee will be the maximum allowed
as defined in subsection (b) of this section;
(2)
Electronic Service fee will be sixty-four percent (64%)
of the fee paid by the state for Full Travel Agency Service;
(3)
Web-Based On-Line Booking Service fee will be fifty-eight
percent (58%) of the fee paid by the state for Full Travel Agency Service;
(4)
Full State Agency and/or County Service fee will be forty
percent (40%) of the fee paid by the state for Full Travel Agency Service.
(e)
The transaction fee schedule will be included in the Travel
Agency Services Contract using the following methodology:
(1)
the average state ticket price will be derived on an annual
basis from previous fiscal year data compiled, on availability, from consolidated
usage reports received through the travel program's contract corporate travel
charge card vendor and through data received from non-participating state
agencies as defined in Section 125.21 of this title (relating to Reporting
Requirements for State Agencies);
(2)
the average state ticket price will be derived no later
than November 1st of each year; and,
(3)
the fee will be adjusted up or down based on the previous
fiscal year's average ticket price;
(f)
Contract travel agencies may charge an additional fee for
providing the following services:
(1)
a cancellation of a ticketed reservation; (partial or complete)
when a refund is processed through the Airline Reporting Corporation (ARC)
from work initiated by the contract travel agency;
(2)
the delivery through a local courier service of a paper
ticket that has been issued when an electronic ticket was available;
(3)
the delivery through an overnight delivery service of a
paper ticket that has been issued when an electronic ticket was available.
(g)
The additional fees for providing additional services are
as follows:
(1)
the refund service fee for the cancellation of a ticketed
reservation will be fifty percent (50%) of the fee for providing the type
of service as set forth in subsection (d) of this section, provided that the
contract travel agency performed the work necessary to initiate the cancellation;
(2)
the fee for the delivery through a local courier service
of a paper ticket may not exceed $15.00;
(3)
the fee for the delivery through an overnight delivery
service of a paper ticket may not exceed $20.00.
(h)
A contract travel agency may charge the base transaction
fee in the amount authorized for the level of service provided under the following
circumstances:
(1)
an airline reservation made by the state that has been
ticketed if the fee is assessed at the point-of-sale issuance of an electronic
or paper ticket;
(2)
an additional and equal transaction fee may be charged
if the airline reservation has been ticketed and a change is made in the air
carrier or the departure or arrival city.
(i)
A contract travel agency may not charge a base transaction
fee under the following circumstances:
(1)
the original invoice/itinerary forwarded to the state agency
and/or county;
(2)
an airline, rental car, or any other mode of transportation
reservation or a lodging establishment reservation available through the travel
agency;
(3)
changes made to an airline, rental car, or any other mode
of transportation reservation or a lodging establishment reservation available
through the travel agency;
(4)
changes made to an airline reservation that has not been
ticketed;
(5)
changes made to a ticketed reservation in the departure
or return date or the departure or return time;
(6)
any additional fee to supplement airline commission caps;
(7)
any additional fee that could result from correcting a
transaction-eligible ticket made in error by a travel agency; or
(8)
any airline reservation ticketed through a Web-based self-booking
tool that offers all types of airfares (including state contract airfares)
in which the traveler obligates funds.
(j)
A contract travel agency charging any transaction fee (base
or additional) must do the following:
(1)
charge the appropriate fee on the same date an airline
reservation is ticketed, so that the point-of-sale transaction fee is billed
through ARC as a Miscellaneous Charge Order (MCO) listing the associated airline
ticket number;
(2)
list the transaction fee service level and fee amount on
the invoice/itinerary copies provided to the state agency and/or county;
(3)
provide copies of MCOs and invoice/itinerary documents
to state agencies and/or counties at least seven (7) calendar days after date
of issue;
(4)
charge the appropriate corporate travel charge card and
provide itemization with supporting documentation for each additional fee
authorized in subsection (f) of this section to each state agency and/ or
county at least seven (7) calendar days after the billing date.
(k)
Failure of a contract travel agency to charge the appropriate
transaction fee at the time required in subsection (j) of this section shall
result in waiver of the transaction fee and the transaction fee shall not
be assessed against the state agency and/or county by any other means.
§125.29.Texas Counties Use of Contract Airline Fares and/or Travel Agency Services.
(a)
A Texas county officer or employee, or persons who are
in the custody of the state may use the
following program services:
[
(1)
contract airline fares for
purposes of obtaining reduced airline fares; and/or
(2)
contract travel agency services
for purposes of obtaining reduced travel agent fees.
(b)
[
(1)
Agreement to pay an applicable participation
[
(2)
[
(3)
[
(4)
Use of contract travel agency
services;
(5)
(6)
[
(c)
[
(d)
[
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 August 1, 2001.
TRD-200104439
Cynthia J. Hill
Acting General Counsel
General Services Commission
Earliest possible date of adoption: September 16, 2001
For further information, please call: (512) 463-3230
Chapter 251.
REGIONAL PLANS - STANDARDS
Subchapter D. SECURITY
20
] days of receiving
notice that a health spa
which has posted a security with the secretary
has ceased operations [
or is insolvent
], the secretary shall
[
make a preliminary determination regarding whether any of the spa's
members have suffered financial loss within the meaning of the Act and these
rules. If the secretary determines that financial losses have in fact occurred,
he shall within 20 days of making the determination
] notify the surety
or obligor that:
or is insolvent
];
(A)
]
inform the registrant that the registrant
must post a notice at the health spa location
[
publish a display
advertisement in a newspaper of general circulation in the county or nearest
county in which the health spa is located
] notifying the public of the
fact that the health spa is closed and that a health spa member has 90 days
from the date
the notice is first posted
[
of the first notice
] to perfect a claim under the security posted
.
[
; or
]
(c)
Within 45 days from the date
the secretary first discovers that a health spa has closed, the secretary
shall initiate the notice process.]
(2)
] Regardless of the method utilized
for notice to the members, all claims received by the secretary after 90 days
following the date of the first notice are barred and shall not be considered
by the secretary. If the total of claims evidencing actual financial loss
exceed the amount of the security, the secretary shall adjudicate the claims
on a pro rata basis by dividing the amount of the security, after first deducting
the actual costs for publication of the notice, by the total amount of the
claims in order to ascertain a percentage to be applied to each claim.
(d)
] In order to perfect a claim,
a claimant must submit a copy of the contract that forms a basis of the claim
together with documentation or a sworn affidavit indicating the total of payments
made pursuant to the contract. In the event the claimant does not submit adequate
documentation, the secretary shall promptly inform the claimant of this fact
together with notice that adequate documentation must be received by the bar
date in order for the claim to be considered.
(e)
] The secretary shall timely
present claims together with
an administrative order
supporting
documentation
] for [
the approval of
] payment by the surety
or obligor.
(f)
] Actual financial loss shall
mean and be limited to those sums which have been paid under a health spa
contract to a registrant or a registrant's assignee and which at the time
the health spa is closed are unearned. Actual financial losses shall be calculated
by multiplying the gross monthly payment by the total of months or partial
months remaining on a contract at the time of closing minus any payments not
made. For the purposes of this section the following terms shall have the
following meanings.
(g)
] If the members' claims do not
exceed the amount of the security, the registrant shall arrange for the direct
payment of the claims to the members.
(h)
] The surety or obligor shall
provide the secretary proof of payment of the members' claims.
(i)
] In the event the total of claims
exceed the amount of the security, the claims shall be paid on a pro rata
basis by dividing the amount of the security[
, after first deducting
the secretary's cost of publication of the notice,
] by the total amount
of the claims. This percentage shall be applied to each claim.
Part 5.
GENERAL SERVICES COMMISSION
program's contract airline fares for purposes of obtaining reduced airline
fares.
]
(1)
] A Texas county seeking to participate
in the program to use the contract airline fares
and/or the contract
travel agency services
shall execute and submit a Commissioner's Court
Resolution
that indicates compliance with all applicable travel program
guidelines.
The Commissioner's Court Resolution shall include, but is
not limited to the following provisions:
(A) Participation
] fee;
(B)
] Participation dates;
(C)
] Use of contract airline fares;
[(D)]
Consent to travel vendor
reporting
[
Reporting
] requirements; and
(E)
] Contract termination.
(2)
] The commission will charge
Texas counties a participation fee to recover the commission's cost incurred
in administering this program[
for counties
].
(b)
] Texas counties participating
in this program must comply with all rules and procedures as outlined in the
commission's
airline
and/or travel agency contracts
[
contract between the commission and the airlines
].
Part 12.
COMMISSION ON STATE EMERGENCY COMMUNICATIONS