Part 1.
TEXAS DEPARTMENT OF HEALTH
Chapter 1.
TEXAS BOARD OF HEALTH
Subchapter V. NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES
25 TAC §§1.431 - 1.447
The Texas Department of Health (department) adopts new rules §§1.431
- 1.447 concerning certain procedures in the negotiation and mediation of
breach of contract claims. The rules are adopted without changes to the proposed
text as published in the December 14, 2001, issue of the
Texas Register
(26 TexReg 10203), and therefore the sections will not
be republished. Specifically, the new rules bring the department into compliance
with Government Code, Chapter 2260.
The 76th Legislature added Chapter 2260 to the Government Code to provide
persons who contract with the state a procedure to resolve certain contract
claims against the state. A contractor may assert a breach of contract claim
against the state and the state may file a counterclaim against the contractor.
If negotiation of the claim and counterclaim, if any, is unsuccessful, both
parties may agree to mediate the claim, or the contractor can choose to have
a contested case hearing in front of the State Office of Administrative Hearings.
The statute provides that each unit of state government with rulemaking authority
shall develop rules to govern the negotiation and mediation of a claim under
Chapter 2260. These final rules are in response to that mandate.
No comments were received on the proposed rules.
The new sections are adopted under the Health and Safety Code, §12.001,
which provides the Texas Board of Health (board) with the authority to adopt
rules for its procedures and for the performance imposed by law on the board,
the department, and the Commissioner of Health, and the Government Code, §2260.052,
which requires each unit of state government with rulemaking authority to
adopt rules to govern the negotiation and mediation of certain contract claims
under Chapter 2260.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 22, 2002.
TRD-200201122
Susan K. Steeg
General Counsel
Texas Department of Health
Effective date: March 14, 2002
Proposal publication date: December 14, 2001
For further information, please call: (512) 458-7236
25 TAC §1.502, §1.503
The Texas Department of Health (department) withdraws §1.501,
and adopts new §1.502 and §1.503, concerning an individual's right
to request information collected by the department; how to request the department
to correct information that is incorrect; and the procedure the department
will use to correct information that is incorrect. Sections 1.502 and 1.503
are adopted with changes to the proposed text published in the December 14,
2001 issue of the
Texas Register
(26 TexReg
10206).
Section 1.501 was withdrawn from the rule because it merely restates the
statutory rights of notice and is not a necessary part of the rule. Section
1.502 was amended to incorporate a recommended change. Section 1.503 was amended
to correct a typographical error. The new sections will ensure the department's
compliance with House Bill 1922, 77th Legislative Session 2001, which adopted
new Government Code, Chapter 559, concerning Government Privacy Policy. Government
Code, Chapter 559, concerning Government Privacy Policy, requires each state
governmental body that collects information about an individual by means of
a form, that the individual completes and files with the governmental body,
whether in a paper or electronic format, to prominently state on the paper
form and post on the internet site a notice of the individual's right, with
few exceptions to be informed of the information that the governmental body
collects about the individual, the right to receive and review information
under the Public Information Act and the right to have the state governmental
body to correct information which is found to be incorrect. These rules implement
the requirements of Government Code, Chapter 559.
There were no comments received from the public on the proposed rules.
Several comments were received from individuals and programs from within the
department. The comments and the department's responses follow:
Comment: One commentor suggested that §1.501, concerning Right to
Notice merely restates the requirements of Government Code, Chapter 559, and
is not a necessary part of the department's rule, and in the interest of brevity
and clarity should not be included in the department's rule.
Response: The department agrees with this comment. The section is simply
a restatement of the requirements of law and is not required by the Administrative
Procedure Act regarding the purpose of agency rules. Also this section is
included in the department's policy and procedure for implementing the rule.
The department has withdrawn the entire section from the department's rules.
Comment: Concerning the rules in general, several programs were concerned
that the integrity of the department's official records would be affected
if a person were allowed to request that the records be changed, and felt
that these programs and records should be exempt from the rule.
Response: The department disagrees with the comments. The rule contains
safeguards that protect the integrity of the department's official records.
These rules apply only to forms submitted by individuals about the individuals,
and only if the information is incorrect. For example, birth and death records
do not fall within the rule because these records, while submitted on a form
of this agency, and collected by this agency, are not submitted by the individuals
to whom the record relates. Further, there are legal processes and other laws,
and rules within the department that require records of this type to be changed
only as allowed or required by law. Section 1.503(e) also clarifies that the
department cannot alter or destroy an original agency record or document in
its possession except as required or authorized by law. The rule also informs
that it does not apply to information that was correct when submitted but
as a result of intervening time and events is now incorrect. Examples of these
would be, a change in name, age, professional credentials or licensure, or
marital status. The department has other rules, policies and procedures for
correcting this information. It is not necessary to exclude forms or programs
from the rule if the rule is not otherwise applicable. No change was made
as a result of these comments.
Comment: Concerning the rules in general, the department received several
comments regarding the fiscal impact on state and local governments. The commentors
indicated that there would be actual costs incurred in printing the notices
and programming changes in the web sites, and the fiscal note did not take
these costs into account.
Response: The fiscal impact of the law, and these rules implementing the
law, on state and local government was determined by the Legislative Budget
Board. The fiscal note to HB 1922 indicated "no significant fiscal impact
on the state is anticipated". This statement was made based on information
received from source agencies. The Texas Department of Health is specifically
listed as one of the source agencies. from whom fiscal impact was requested.
(See Fiscal Note, To: Honorable Bill Ratliff, Lt. Governor and Honorable James
E. "Pete" Laney, Speaker of the House, From: John Keel, Director, Legislative
Budget Board. Dated May 24, 2001.) At the time the rule was proposed no fiscal
impact had been identified.
Upon further inquiry to the affected programs there will be a direct fiscal
impact on the agency for the actual costs incurred in printing and mailing
the notices and programming changes required to add the notice to the department's
web sites. The exact amount has not been determined. Estimates from programs
that will be most affected and who have reported the estimated increase of
providing the notice by mail are in excess of $10,000 for the first fiscal
year, and for each year thereafter until the notice has been incorporated
into all pre-printed forms. However many of the programs did not provide estimated
costs for providing the notice, so the estimated total cost to the entire
department has not been determined. The comments required no change to the
rule.
Comment: One commentor requested that the language of §1.502(c)(1),
be modified to indicate that page and paragraph will only be required if known
to the requestor.
Response: The department agrees with the comment and has included the suggested
modification in the final rule.
The commentors were legal staff from within the Office of General Counsel
and staff from department programs.
The new sections are adopted under the Health and Safety Code, §12.001(b)(1)
under which the Board of Health has authority to adopt rules for its procedure
and performance of each duty imposed by law on the board, the department,
or the commissioner.
§1.502.Individual's Right to Correction of Incorrect Information.
(a)
An individual who finds that the information collected
by and in the possession of the department on a form or through electronic
media is incorrect, has a right to have the department correct the information.
The individual has no right to change information that was correct when submitted,
but is no longer correct. An individual cannot request a change on a form
that is submitted by another individual, except when they have legal authority
to act on behalf of the other individual.
(b)
The individual must submit the correction request in writing
to the program within the department that is in possession of the information.
The program may be identified by correspondence received by the individual
from the department, a request for public information from the individual,
or the program to whom the form was submitted by the individual.
(c)
The correction request must:
(1)
specifically identify the program where the records are
located and include the document name, and if known, the page and paragraph;
(2)
specifically identify the information which the individual
believes is incorrect;
(3)
provide the department with sufficient information to establish
that the information is incorrect and was incorrect at the time it was submitted
by the individual; and
(4)
provide the correct information.
§1.503.Correction Procedure.
(a)
The program within the department will provide an acknowledgement
of receipt of the correction request to the requesting individual within 10
days from the receipt of the request.
(b)
The program with custody and control of the information
will review the information identified by the individual as incorrect and
determine whether the information is in fact incorrect in the department's
record.
(1)
If the department determines that the information is incorrect
in an electronic record or form, an individual with authority to access the
information will enter the correction into the record by electronic media,
at or near the place where the incorrect information appears with the date,
and reason for the correction, by whom the correction was requested, and by
whom the correction was made.
(2)
If the department determines that the information is incorrect
in a paper record or form, an individual with authority to access the information
will insert the information as submitted by the individual requesting the
correction, along with an entry of the date, and the name of the individual
inserting the correction.
(3)
If the department determines that the information is correct,
no correction will be made to the information, and no entry of the request
for correction will be made in the department's record.
(c)
The program or division within the department will notify
the individual that the record is already correct or has been corrected and
provide the individual with a copy of the corrected information.
(d)
The department cannot charge or bill a requesting individual
for correction of an incorrect record.
(e)
The department cannot alter or destroy an original agency
record or document in its possession except as required or authorized by law.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 22, 2002.
TRD-200201121
Susan K. Steeg
General Counsel
Texas Department of Health
Effective date: March 14, 2002
Proposal publication date: December 14, 2001
For further information, please call: (512) 458-7236
Subchapter K. EPILEPSY PROGRAM
The Texas Department of Health (department) adopts the repeal of §§37.211
- 37.224 and new §§37.211 - 37.222, concerning the Epilepsy Program.
Sections 37.211 and 37.217 are adopted with changes to the proposed text as
published in the November 9, 2001, issue of the
Texas Register
(26 TexReg 9007). Sections 37.212 - 37.216, and Sections
37.218 - 37.222 are adopted without changes and therefore the sections will
not be republished.
In accordance with the requirements of the Government Code, §2001.039,
the sections have been reviewed and the department has determined that reasons
for adopting the sections continue to exist because rules on this subject
are needed. The new rules reflect any required revision following the review
as described in this preamble.
The department published a notice of Intent to Review for §§37.211
- 37.224 in the
Texas Register
on August 31,
2001 (26 TexReg 6736). No comments were received as a result of the publication
of the notice.
Specifically, the new sections cover purpose; delegation of authority;
definitions; recipient requirements; residency and residency documentation
requirements; applications and eligibility date; financial criteria; limitations
and benefits provided; participating providers; notice of intent to take actions
and reconsideration; and notice and fair hearing.
The new rules define medical, financial, and residency requirements, benefits
and limitations for applicants, the selection criteria and selection process
for providers, and the reconsideration and fair hearing process.
No comments were received on the proposal during the comment period.
The following changes were made due to department staff comments to improve
the accuracy of the sections.
Change: Concerning §37.211(b), the word "code" was capitalized to
be consistent with the Health and Safety Code cite.
Change: Concerning §37.217(a), changes were made to reflect upcoming
revisions to department policy regarding the publication of Requests for Proposals.
25 TAC §§37.211 - 37.224
The repeals are adopted under the Texas Health and Safety
Code, §40.003, which provides the Texas Board of Health (board) with
the authority to adopt rules to define the scope of the epilepsy program and
the medical and financial standards for eligibility; and §12.001, which
provides the board 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.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 25, 2002.
TRD-200201133
Susan K. Steeg
General Counsel
Texas Department of Health
Effective date: March 17, 2002
Proposal publication date: November 9, 2001
For further information, please call: (512) 458-7236
25 TAC §§37.211 - 37.222
The new sections are adopted under the Texas Health and Safety
Code, §40.003, which provides the Texas Board of Health (board) with
the authority to adopt rules to define the scope of the epilepsy program and
the medical and financial standards for eligibility; and §12.001, which
provides the board 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.
§37.211.General.
(a)
Purpose. The purpose of this chapter is to establish rules
for the Epilepsy Program. The authority for these rules is granted in the
Texas Health and Safety Code, Chapter 40.
(b)
Delegation of Authority. Under the Texas Health and Safety
Code, Chapter 11, §11.013, the Board of Health (board) delegates to the
Commissioner of Health (commissioner), or to the person acting as commissioner
in the commissioner's absence, the authority to administer the Epilepsy Program,
exclusive of rulemaking authority.
(c)
Definitions. The following words and terms when used in
this chapter shall have the following meanings, unless the context clearly
indicates otherwise.
(1)
Action -- A denial, termination, suspension or reduction
of Epilepsy Program services or eligibility.
(2)
Applicant -- An individual whose application for Epilepsy
Program benefits has been submitted to a contracted provider and has not received
a final determination of eligibility. This includes an individual whose application
is submitted by a representative or person with legal authority to act for
the individual.
(3)
Board -- The Texas Board of Health.
(4)
Commissioner -- The commissioner of the Texas Department
of Health.
(5)
Contracted Provider -- Any individual or entity with Epilepsy
Program approval to furnish covered services to Epilepsy Program recipients.
(6)
Department -- The Texas Department of Health.
(7)
Epilepsy -- A chronic neurological condition characterized
by abnormal electrical discharges in the brain manifested by two or more seizures.
It is characterized by sudden, brief attacks of altered consciousness, motor
activity, or sensory phenomena. Convulsive seizures are the most common form
of attacks, but any recurrent seizure pattern is considered epilepsy.
(8)
Fair hearing -- The informal hearing process the department
follows under §37.219 of this title (relating to Notice and Fair Hearing).
(9)
Final decision -- A decision that is reached by a decision
maker after conducting a fair hearing under this title.
(10)
Recipient -- An individual who is eligible to receive
Epilepsy Program benefits.
(11)
Reconsideration -- The administrative process the Epilepsy
Program follows under §37.218 of this title (relating to Notice of Intent
to Take Action and Reconsideration).
(12)
Request for Proposal (RFP) -- A document intended to solicit
proposals from interested parties which details qualifications and plans for
provision of a specific service or range of services. Services may be targeted
to a selected geographic area and/or special population group, or statewide
coverage.
§37.217.Participating Providers.
(a)
Selection of Service Providers. Providers are solicited
and selected by a Request for Proposal (RFP) process. An organization may
apply to become a contracted provider by responding to an RFP to participate
in the Epilepsy Program that has been published in accordance with Texas Department
of Health (department) policy. The RFP must be accompanied by documentation
which is acceptable to the department and which is sufficient to demonstrate
that the organization:
(1)
can provide the range of medical, non-medical and support
activities outlined in the RFP and deemed necessary by the department to effectively
serve eligible persons in the designated geographic area;
(2)
agrees to comply with the department's Uniform Grant Management
Standards as promulgated by the State of Texas Governor's Office; and
(3)
agrees to cooperate with the department in accordance with
Texas Health and Safety Code, Chapter 40; Title 25 Texas Administrative Code §§37.211
- 37.222; and the Texas Family Code, §231.006.
(b)
Provision of Services. Epilepsy Program services shall
be furnished by providers under contract with the department.
(c)
Suspension or Termination of Service Providers. Any contracted
provider may be terminated or suspended from participation in the Epilepsy
Program for any of the following reasons:
(1)
providing false or misleading information regarding any
participation criteria;
(2)
a material breach of any contract or agreement with the
Epilepsy Program;
(3)
failure to maintain the participation criteria contained
in subsection (a) of this section.
(d)
Appeal of Termination or Suspension. A contracted provider
may appeal a termination or a suspension through the department's reconsideration
and fair hearings process, as contained in §37.218 of this title (relating
to Notice of Intent to Take Action and Reconsideration) and §37.219 of
this title (relating to Notice and Fair Hearing).
(1)
The Epilepsy Program may not terminate program participation
until a final decision is rendered under the department's reconsideration
and fair hearing process.
(2)
The Epilepsy Program shall not enter into, extend, or renew
a contract or agreement with a contracted provider until a final decision
is rendered under the department's reconsideration and fair hearings process.
(3)
A contracted provider may not appeal a termination of a
contract which results from limitations in appropriations or funding for covered
services or benefits or which terminates under its own terms.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed
with the Office of the Secretary of State on February 25, 2002.
TRD-200201132
Susan K. Steeg
General Counsel
Texas Department of Health
Effective date: March 17, 2002
Proposal publication date: November 9, 2001
For further information, please call: (512) 458-7236
25 TAC §129.4
The Texas Department of Health (department) adopts an amendment
to §129.4 concerning the voluntary registration and regulation of dispensing
opticians. Section 129.4 is adopted without changes to the proposed text as
published in the November 9, 2001, issue of the
Texas Register
(26 TexReg 9015), and therefore the section will not
be republished.
Specifically, the amendment covers fees and is necessary to implement provisions
of House Bill 3465, 77th Legislature, 2001, which amended the Occupations
Code, Chapter 352 (Opticians' Registry Act) to remove the cap on registration
and renewal fees. Additionally, the amendment is necessary to increase fees
in order to cover the costs of administering the program.
The following comments were received concerning the proposed section. Following
each comment is the department's response and any resulting change(s).
Comment: Concerning §129.4(a)(3) and (4), one commenter opposed the
increase in registration fees and recommends the increase should effect all
occupations requiring registration or licensure.
Response: The department disagrees. The fees set out in §129.4 have
not been increased since 1991, while the fees for other professions regulated
by the department have been raised as needed during that time. No change was
made as a result of this comment.
Comment: Concerning §129.4(a)(3) and (4), one commenter opposed the
increase in registration fees because opticians who own and operate a business
where contact lenses are dispensed must also have a permit to dispense contact
lenses. The commenter also expressed concern over the fact that although the
opticians' registry is voluntary, other regulations such as Medicaid reimbursement,
make the registration necessary. This results in opticians having to hold
multiple registrations or permits, each requiring separate fees. The commenter
recommended dropping the registry altogether "because it never was able to
help the Optical Profession."
Response: The department disagrees. The department is authorized and required
under the Occupations Code, Chapter 352 (the Opticians' Registry Act) to issue
a registration certificate to persons who apply and pay fees to be on the
Opticians' Registry. The purpose of the registry is to provide a means by
which the public can identify providers of ophthalmic dispensing services
and products that meet minimum standards of competence. The schedule of fees
for registration under the Opticians' Registry Act and the schedule of fees
under the Contact Lens Prescription Act, Occupations Code, Chapter 353, include
a discounted fee for persons who hold multiple registrations. No change was
made as a result of the comment.
Comment: Concerning §129.4(a)(3) and (4), one commenter opposed the
fee increase and recommended that a law should be passed prohibiting ophthalmologists
from selling glasses.
Response: The department disagrees. The department is not authorized to
pass laws. Its role is to implement legislation, once passed, such as the
Opticians' Registry Act. No change was made as a result of the comment.
Comment: Concerning §129.4(a)(3) and (4), several commenters opposed
the increase in fees.
Response: The department disagrees. The fees set out in §129.4(a)(3)
and (4) represent the first fee increase since 1991 and are necessary to cover
the costs of administering the Opticians' Registry Act. No change was made
as a result of the comments.
Comment: Concerning §129.4(a)(3) and (4), one commenter recommended
the department consider a smaller increase in fees.
Response: The department disagrees. The fees set out in §129.4(a)(3)
and (4) represent the first fee increase since 1991 and are necessary to cover
the costs of administering the Opticians' Registry Act. No change was made
as a result of the comment.
Comment: Concerning §129.4(a)(3) and (4), one commenter opposed the
fee increase and is concerned that increasing the fees will result in fewer
opticians maintaining registration and revenue will continue to decrease.
The commenter believes it is time to either license opticians or abolish the
opticians' registry.
Response: The increase represents the first fee increase since 1991 and
is necessary to cover the costs of administering the Opticians' Registry Act.
The other recommendations made by the commenter would require legislative
amendment to the Opticians' Registry Act. No change was made as a result of
the comment.
Comment: Concerning §129.4(a)(3) and (4), one commenter expressed
support for the rules.
Response: The department agrees. No change was made as a result of this
comment.
The commenters were individuals who were generally not in favor of the
rules and expressed concern regarding the increase in fees.
The amendment is adopted under Texas Occupations Code, Chapter
352, which provides 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.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 22, 2002.
TRD-200201103
Susan K. Steeg
General Counsel
Texas Department of Health
Effective date: March 14, 2002
Proposal publication date: November 9, 2001
For further information, please call: (512) 458-7236
25 TAC §130.12, §130.20
The Texas Department of Health (department) adopts an amendment
to §130.12 and new §130.20 concerning the registration of code enforcement
officers. Section 130.20 is adopted with changes to the proposed text as published
in the November 9, 2001, issue of the
Texas Register
(26 TexReg 9016). Section 130.12 is adopted without changes, and therefore
the section will not be republished.
Specifically, the amendment covers requirements for registration renewal
related to continuing education. The new section prescribes the continuing
education requirements, including the number of hours; establishes an approved
curriculum; and provides that the curriculum be taught by suitable public
agencies and private entities. The Board of Health (board) is authorized by
the Act, to adopt rules concerning the registration of code enforcement officers.
The sections are necessary to implement House Bill 2437 (2001), which amended
the Code Enforcement Officers' Registration Act, Texas Revised Civil Statutes,
Article 4447bb (the Act).
The following comments were received concerning the proposed sections.
Following each comment is the department's response and any resulting change(s).
Comment: One commenter supported adoption of the rules as proposed.
Response: The department agrees with the exception of the changes listed
below. No change was made as a result of this comment.
Comment: Concerning §130.12(c)(1), one commenter expressed concern
that 30 days (between the date of the renewal notice and date the registration
expires) did not allow enough time for completion of the required continuing
education.
Response: The department disagrees. The existing rules require that a renewal
notice be sent at least 30 days prior to expiration. The continuing education,
however, may be taken at any time during the 12 months preceding renewal.
No change was made a result of the comment.
Comment: Concerning §130.20(f), one commenter expressed concern that
no provision was made for continuing education courses previously approved
by another licensing authority in similar subject areas.
Response: The department agrees and has amended the subsection accordingly.
Comment: Concerning §130.20(k)(2), one commenter requested that the
language be clarified.
Response: The department agrees and has added a reference to the relevant
subsection.
One individual who identified himself as a member of the Code Enforcement
Association of Texas provided the comment in favor of the rules. The other
two comments were received from individuals who were neither for nor against
the rules in their entirety; however, they raised questions and offered comments
for clarification purposes.
The amendment and new section are adopted under the Texas Revised
Civil Statutes, Article 4447bb, which provides the board with the authority
to adopt rules concerning continuing education for registered code enforcement
officers and code enforcement officers in training; and the Health and Safety
Code, §12.001, which provides the Board of Health (board) with authority
to adopt rules for the performance of every duty imposed by law on the board,
the department, and the commissioner of health.
§130.20.Continuing Education.
(a)
Each registered code enforcement officer and code enforcement
officer in training must meet the renewal requirements set out in this section.
(b)
Code enforcement officers in training who apply to upgrade
prior to the expiration of their registration are not required to submit continuing
education hours in order to upgrade.
(c)
Each registered code enforcement officer and code enforcement
officer in training must obtain and show proof of not less than six continuing
education hours as set forth in this section within the twelve months preceding
renewal of their registration, at least one hour of which must be in legal/legislative
issues as provided in subsection (j)(12) of this section.
(d)
Only continuing education activities conducted in accordance
with this section shall be considered approved by the department and may be
represented to the public as acceptable for registration renewal for registered
code enforcement officers in Texas.
(e)
Department approved continuing education activities for
license renewal include the following:
(1)
conferences;
(2)
home-study training modules (including professional journals
requiring successful completion of a test document);
(3)
lectures;
(4)
panel discussions;
(5)
seminars;
(6)
accredited college or university courses;
(7)
video or film presentations with live instruction;
(8)
field demonstrations;
(9)
teleconferences; or
(10)
other activities approved by the department.
(f)
Only the following continuing education activities shall
serve as a basis for registration renewal:
(1)
approved by the department or its designee in accordance
with this section; or
(2)
approved by another professional regulatory agency in the
State of Texas as acceptable continuing education for license renewal; and
(3)
covering one or more of the curriculum areas listed in
subsection (j) of this section.
(g)
Continuing education activities must meet the following
criteria if they are to be acceptable for continuing education credit:
(1)
the activity must cover one or more of the curriculum areas
listed in subsection (j) of this section;
(2)
the activity must be conducted by an organization which
is:
(A)
an accredited college or university;
(B)
a governmental agency, including local, state or federal
agencies;
(C)
an association with a membership of 25 or more persons,
or it's affiliate; or
(D)
a commercial education business;
(3)
the activity must have a record keeping procedure which
includes a register of who took the course and the number of continuing education
units earned;
(4)
the organization must implement procedures for verifying
participant's attendance;
(5)
the activity must be at least 50 minutes in length of actual
instruction time. Round table discussions and more than one speaker for the
total of 50 minutes per activity is permissible. No credit will be given for
time used for other non-relevant activities; and
(6)
the activity must be conducted in compliance with all applicable
federal and state laws, including the Americans with Disabilities Act (ADA)
requirements for access to activities.
(h)
Organizations shall send, e-mail, or fax notification of
upcoming continuing education to the department at least 15 days prior to
the event which includes the:
(1)
date(s) of the continuing education activity;
(2)
time of the continuing education activity ;
(3)
location of the continuing education activity;
(4)
title of the activity; and
(5)
name of the instructor(s).
(i)
Commercial education businesses, in addition to the items
listed in subsection (h) of this section, shall submit a request for approval
on department forms; and shall not represent any course as approved until
such approval is granted by the department in writing.
(j)
The curriculum of an approved activity must include one
or more of the following subjects:
(1)
zoning and zoning ordinance enforcements;
(2)
sign regulations;
(3)
home occupations;
(4)
housing codes and ordinances;
(5)
building abatement;
(6)
nuisance violations;
(7)
abandoned vehicles;
(8)
junk vehicles;
(9)
health ordinances;
(10)
basic processes of law related to code enforcement;
(11)
professional, supervisory or management training related
to the profession of code enforcement; or
(12)
legislative or legal updates related to the profession
of code enforcement.
(k)
Documentation of continuing education activity shall be
maintained by the organization for three years, including:
(1)
a roster which shall include the following:
(A)
name, address, phone number, code enforcement officer or
code enforcement officer in training registration number, social security
number (used to coordinate continuing education activity information with
the department's records), and signature of the registrant; and
(B)
number of continuing education hours earned by each individual;
(2)
copy of notification and description of method transmitted
to the department as required by subsection (h) of this section; and
(3)
copies of all program materials sufficient to demonstrate
compliance with this section.
(l)
At the conclusion of the activity the organization shall
distribute to those registered code enforcement officer and code enforcement
officer in training who have successfully completed the activity a certificate
of completion which shall include the name of the registrant; the name of
the organization providing the training, the title of the activity; the date
and location of the activity, and the continuing education hours earned. The
certificate shall state "Approved in accordance with 25 Texas Administrative
Code, §130.20 for code enforcement officer/code enforcement officer in
training registration renewal in Texas." It shall include a breakdown of the
hours earned on each topic listed under subsection (j) of this section.
(m)
Each registered code enforcement officer and code enforcement
officer in training shall collect and keep certificates of completion of approved
courses. These certificates of completion will be used to document the attendance
of a registered code enforcement officer or code enforcement officer in training
at approved courses. The department will conduct random audits for compliance
with this requirement.
(n)
Failure to comply with the annual continuing education
hour requirements for the registered code enforcement officer or code enforcement
officer in training registration issued by the department will:
(1)
result in suspension of a code enforcement officer or code
enforcement officer in training registration until the necessary credits for
continuing education are successfully completed; and
(2)
require the registered code enforcement officer or code
enforcement officer in training to make new application for registration as
a code enforcement officer or code enforcement officer in training, if the
registered code enforcement officer or code enforcement officer in training
does not renew within one year after the original registration expired.
(o)
The department may fail to accept any or all courses for
registration renewal if an organization fails to file a timely notice of upcoming
continuing education, fails to retain documentation related to the activity
as required by this section, or fails to comply with any other requirements
that are a basis for approval or that are a part of this subchapter.
(p)
A registered code enforcement officer or code enforcement
officer in training registration may file a written request for an extension
of time for compliance with any deadline in this subsection. Such request
for extension, not to exceed 30 days, shall be granted by the department if
the registered code enforcement officer or code enforcement officer in training
files appropriate documentation to show good cause for failure to comply timely
with the requirements of this subsection. Good cause includes, but is not
limited to, extended illness, extended medical disability, or other extraordinary
hardship which is beyond the control of the person seeking the extension.
(q)
Transition.
(1)
Any course taught between September 1, 2001, and the effective
date of these rules will be accepted by the Code Enforcement Officer Registration
Program for renewals between September 1, 2002, and August 31, 2003, provided
that the course:
(A)
covers one or more of the subjects listed in subsection
(j) of this section;
(B)
is taught in Texas by an organization listed in subsection
(g)(2) of this section; and
(C)
provides each attendee with a certificate listing the number
of contact hours earned.
(2)
A continuing education course approved for registration
renewal under this section must be taken in the 12 months immediately preceding
renewal to be considered acceptable.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of
the Secretary of State on February 22, 2002.
TRD-200201104
Susan K. Steeg
General Counsel
Texas Department of Health
Effective date: March 14, 2002
Proposal publication date: November 9, 2001
For further information, please call: (512) 458-7236
Subchapter A. GENERAL PROVISIONS
25 TAC §134.3
The Texas Department of Health (department) adopts an amendment
to §134.3 concerning the regulation of private psychiatric hospitals
and crisis stabilization units without changes to the proposed text as published
in the November 9, 2001, issue of the
Texas Register
(26 TexReg 9018), and therefore the section will not be republished.
The amendment increases the license fee for private psychiatric hospitals.
The license fee for an initial license or a renewal license is revised from
the current fee of $10 per bed based upon the design capacity of the hospital
with a minimum license fee of $200, to $15 per bed with a minimum license
fee of $1,000. Health and Safety Code, §577.006(f) requires the department
to annually review the fee schedules to ensure that the fees charged are based
on the estimated costs to and level of effort expended by the department.
The result of the review indicated that license fees must be increased to
the maximum permitted by statute to help defray the cost of administering
the private psychiatric hospital licensing program and investigating complaints.
No comments were received on the proposal during the comment period.
The amendment is adopted under Health and Safety Code, §577.006,
concerning fees, and Health and Safety Code, §12.001, which provides
the Texas Board of Health (board) with the authority to adopt rules for the
performance of every duty imposed by law on the board, the department, and
commissioner of health.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 22, 2002.
TRD-200201123
Susan K. Steeg
General Counsel
Texas Department of Health
Effective date: March 14, 2002
Proposal publication date: November 9, 2001
For further information, please call: (512) 458-7236
Subchapter D. RIDING STABLE REGISTRATION PROGRAM
25 TAC §§169.81 - 169.89
The Texas Department of Health (department) adopts the repeal
of §§169.81-169.89 concerning the regulation of riding stables without
changes to the proposed text as published in the December 14, 2001, issue
of the
Texas Register
(26 TexReg 10210), and
therefore the sections will not be republished.
The General Appropriations Act, Senate Bill 685, passed by the 77th Legislature
(2001), Chapter 248 of the Sessions Laws, amends the Texas Occupations Code,
Chapter 2053. The amendment transfers the authority of regulation of riding
stables from the department, the Texas Board of Health (board), and the commissioner
of public health (commissioner) to the Texas Animal Health Commission (commission).
Rulemaking authority previously delegated to the board is transferred to the
commission. The Texas Animal Health Commission has adopted rules to supercede
the department's rules. These new rules were published as adopted in the December
7, 2001, issue of the
Texas Register
(26 TexReg
10045), 4 TAC, Agriculture, Part 2. Texas Animal Health Commission, Chapter
48, Riding Stable Registration Program, §§48.1-48.9, and the rules
became effective December 11, 2001.
No comments were received on this proposal during the comment period.
The repeals are adopted under the Texas Occupations Code, Chapter
2053; and Health and Safety Code, §12.001 which provides the board with
the authority to adopt rules for its procedures and the performance of each
duty imposed by law on the board, the department, and the commissioner of
health.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 22, 2002.
TRD-200201105
Susan K. Steeg
General Counsel
Texas Department of Health
Effective date: March 14, 2002
Proposal publication date: December 14, 2001
For further information, please call: (512) 458-7236
25 TAC §169.121
The Texas Department of Health (department) adopts new §169.121
concerning warnings retail pet stores must provide relating to reptile-associated
salmonellosis with changes to the proposed text as published in the December
14, 2001, issue of the
Texas Register
(26
TexReg 10211).
Specifically, the new section will require retail pet stores to post signs
and distribute warnings relating to reptile-associated salmonellosis to purchasers
of reptiles. The signs and warnings are to be in accordance with the form
and content designated by the department. The proposed new rule is required
by Chapter 1228 of the 77th Texas Legislature (2001) which enacted §§81.351
- 81.353 of the Health and Safety Code.
The following comment was received concerning the proposed rules. Following
the comment is the department's response and any resulting change(s).
Comment: Concerning §169.121(b), one commenter recommended that the
department amend its required language for posters and written notices to
precisely match those posters jointly developed in 1997 by the Centers for
Disease Control and Prevention (CDC) and the Pet Industry Joint Advisory Council.
Response: The CDC's recommendations have been modified since 1997. The
department is using language reflecting the CDC's current recommendations.
No change was made as a result of this comment.
The department is making the following changes due to department staff
comments.
Change: Concerning §169.121(b)(3)(C), age of children was changed
from <1 to <5 years of age.
Change: Concerning §169.121(b)(3)(D), language was added to state
that pet reptiles should not be kept in childcare centers.
The comments on the proposed rule received by the department during the
comment period were submitted by a member of the Pet Industry Joint Advisory
Council. The commenter was generally in favor of the rule in its entirety;
however, they offered comments for clarification purposes and suggested modifying
language concerning specific provisions in the rule.
The new section is adopted under the Health and Safety Code,
Chapter 81, "Animal-Borne Diseases," §81.352, which provides the Texas
Board of Health (board) with the authority to adopt a rule governing the form
and content of the sign and written warning relating to reptile-associated
salmonellosis; and §12.001, which provides the board 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.
§169.121.Reptile-Associated Salmonellosis.
(a)
The Health and Safety Code, §81.352, requires retail
stores that sell reptiles to post warning signs and distribute written warnings
regarding reptile-associated salmonellosis to purchasers in accordance with
the form and content designated by the Texas Department of Health.
(b)
The warning signs must meet the following guidelines.
(1)
The sign must be a minimum of 8.5 x 11 inches with fonts
that are clearly visible and readily draw attention to the notice.
(2)
The signs must be prominently displayed at each location
where reptiles are displayed, housed, or held.
(3)
At a minimum, the contents of the sign must include the
following recommendations for preventing transmission of
Salmonella
from reptiles to humans.
(A)
Persons should always wash their hands thoroughly with
soap and water after handling reptiles or reptile cages.
(B)
Persons at increased risk for infection or serious complications
of salmonellosis (e.g., children aged <5 years and immunocompromised persons)
should avoid contact with reptiles.
(C)
Pet reptiles should be kept out of households where children
aged <5 years or immunocompromised persons live. Families expecting a new
child should remove the pet reptile from the home before the infant arrives.
(D)
Pet reptiles should not be kept in childcare centers.
(E)
Pet reptiles should not be allowed to roam freely throughout
the home or living area.
(F)
Pet reptiles should be kept out of kitchens and other food-preparation
areas to prevent contamination. Kitchen sinks should not be used to bathe
reptiles or to wash their dishes, cages, or aquariums.
(4)
The sign must also contain a statement that reptiles carry
(c)
The written warnings, such as fliers or pamphlets, must
contain the same information and statements as required for the signs. The
written warnings must also contain a statement that purchasers of reptiles
can contact their local health department for questions pertaining to
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 22, 2002.
TRD-200201106
Susan K. Steeg
General Counsel
Texas Department of Health
Effective date: March 14, 2002
Proposal publication date: December 14, 2001
For further information, please call: (512) 458-7236
25 TAC §169.131
The Texas Department of Health (department) adopts new §169.131
concerning the establishment of the caging requirements and standards for
the keeping and confinement of dangerous wild animals with changes to the
proposed text as published in the December 14, 2001, issue of the
Texas Register
(26 TexReg 10212).
The new section will ensure that a dangerous wild animal is kept and confined
in a manner that protects and enhances the public's health and safety; prevents
escape by the animal; and provides a safe, healthy, and humane environment
for the animal. The new rule is required by Chapter 54 of the 77th Texas Legislature
(2001), which enacted §§822.101- 822.116 of the Health and Safety
Code.
The following comments were received concerning the proposed rules. Following
each comment is the department's response and any resulting change(s).
Comment: Concerning §169.131(d)(3)(D)(iii), one commenter stated that
brown bears have been classified in the same category as polar bears and should
not be. The commenter also stated that brown bears do not require a constant
water source.
Response: The department disagrees and all references used in drafting
the standards suggest that all bears should have pools that they can use for
cooling themselves. All references used listed brown bears separately from
polar bears but provided for the same cage dimensions. The only differences
were in the sizes of the pools. The draft requirements recognized this difference
by providing smaller pools for brown bears than for polar bears. No change
was made as a result of the comment.
Comment: In regard to the rules in general, three commenters suggested
adding a subsection to include a caution sign at the entrance to the property
stating "Warning - Dangerous Wild Animals Kept Here."
Response: The department agrees that the posting of a sign on the primary
enclosure or perimeter barrier could be considered part of the caging standard.
Posting on a property entrance would not necessarily be associated with the
cage and, in some cases, might be a long distance from the animal's confinement
area. This would not appear to be within the authority of the department for
establishing caging standards. No change was made as a result of the comment.
Comment: Concerning §169.131(d)(l)(D)(iv), three commenters suggested
changing §169.131(d)(l)(D)(iv) to read "(iv) Gorillas. For one animal
the primary enclosure shall have a floor area of 300 square feet with a wall
or fence 8 feet high. For each additional animal primary enclosure size shall
be increased by 200 square feet." The suggestion was to delete §169.131(d)(l)(D)(iv)(II)
because it was already stated in §169.131(d)(1)(B).
Response: The department agrees and the referenced section concerning gorillas
has been changed by deleting §169.131(d)(1)(D)(iv)(II).
Comment: Concerning §169.131(d)(2)(E), one commenter stated that coverings
for felines were unnecessary with appropriate construction techniques.
Response: The department agrees that the comment is correct. The draft
rules provide minimum caging standards, but do not spell out all options.
There are alternative methods, such as electric fencing, water-filled moats,
or specially constructed dry moats, that may meet or exceed the draft standards.
Section 822.104 of the Health and Safety Code provides that the "animal registration
agency may approve a deviation from the caging standards...". That provision
should adequately cover alternative methods of caging; therefore, no change
to the proposed rule was made as a result of the comment.
The comments on the proposed rule received by the department during the
comment period were submitted by a member of the Animal Protection Institute,
a member of the Association of Sanctuaries, and members of the Texas Humane
Legislation Network. The commenters were generally in favor of the rule in
its entirety; however, they offered comments for clarification purposes and
suggested clarifying language concerning specific provisions in the rule.
The new section is adopted under Texas Health and Safety Code,
Chapter 822, "Dangerous Wild Animals," §822.111, which provides the Texas
Board of Health (board) with the authority to establish the caging requirements
and standards for the keeping and confinement of dangerous wild animals; and §12.001,
which provides the board 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.
§169.131.Caging Requirements and Standards for Dangerous Wild Animals.
(a)
Definitions.
(1)
Key components of facilities for confining dangerous wild
animals and restricting public contact with the animals are the primary enclosure
and the perimeter fence.
(A)
Primary enclosure - Any structure used to immediately restrict
an animal to a limited amount of space, including a cage, pen, run, room,
compartment, or hutch.
(B)
Perimeter fence - A barrier surrounding the area containing
the primary enclosure(s) that restricts public access to the area.
(2)
Where specified in this section, primary enclosures for
dangerous wild animals shall be equipped to provide for the protection and
welfare of the animals and the safety of handlers and the public. Such equipment
includes, but is not limited to.
(A)
Safety entrance - A protected, secure area that can be
entered by a keeper that prevents animal escape and safeguards the keeper,
or a device that can be activated by a keeper that prevents animal escape
and safeguards entry.
(B)
Shelter, nest box, or den - A structure that protects the
animal from the elements (weather conditions). Such structures may vary in
size depending on the security and biological needs of the species. The structures
are particularly described as follows.
(i)
Shelter - A structure that provides protection from the
elements and from extremes in temperature that are detrimental to the health
and welfare of the animal. When vegetation and landscaping is available to
serve as protection from the elements, access to a shelter shall also be provided
during inclement weather conditions. Such shelter shall be attached to or
adjacent to the primary enclosure.
(ii)
Nest box or den - An enclosed shelter that provides a
retreat area within, attached to, or adjacent to a primary enclosure of specified
size, which shall provide protection from the elements and from extremes in
temperature that are detrimental to the health and welfare of the animal.
(C)
Elevated platform or perching area - A surface or structure,
either natural or manmade, positioned above the floor or above the grade level
of the primary enclosure that will provide a resting area for the animal(s).
(D)
Gnawing and chewing items - Natural or artificial materials
that provide for the health of teeth, so as to keep teeth sharp, remove tartar,
and promote general oral hygiene. Gnawing items include, but are not limited
to, logs and trees. Chewing items include, but are not limited to, woody stems,
knuckle bones, and rawhide objects. Suitability is dependent upon species
of animal.
(b)
General Requirements.
(1)
Primary enclosures for housing dangerous wild animals shall
be sufficiently strong to prevent escape and to protect the animal from injury
and shall be equipped with structural safety barriers to prevent any public
contact with the animal. Structural barriers may be constructed from materials
such as fencing, landscaping, or close-mesh wire, provided that materials
used are safe and effective in preventing public contact.
(2)
All primary enclosures less than 1,000 square feet shall
be covered at the top to prevent escape.
(3)
A perimeter fence, sufficient to deter entry by the public,
shall be a minimum of 8 feet in height and shall completely surround the premises
where animals are housed or exercised outdoors. Perimeter fences constructed
of materials, such as chain link or welded wire, that allow objects to be
passed through them shall be at least 3 feet from the primary enclosure or
exercise area.
(c)
Structural Requirements for Primary Enclosures. In addition
to the size and equipment requirements for primary enclosures, dangerous wild
animals shall be caged in accordance with the following requirements.
(1)
All primary enclosures shall be equipped with a safety
entrance. Such entrances shall include a double-door mechanism, interconnecting
cages, a lock-down area, or other comparable devices that will prevent escape
and safeguard the keeper. Safety entrances shall be constructed of materials
that are of equivalent strength as that prescribed for cage construction for
that particular species. The area occupied by the safety entrance shall be
in addition to the space requirements for the primary enclosure.
(2)
All primary enclosures constructed of chain link or other
approved materials shall be well braced and securely anchored at or below
ground level to prevent escape by digging or erosion. Metal clamps, ties,
or braces used in the construction of enclosures shall be of strength equivalent
to the material required for primary enclosure construction for the particular
species.
(3)
Additional minimum requirements for specific species and
hybrids of those species shall be as follows.
(A)
Chimpanzees, gorillas, and orangutans.
(i)
Outdoor facilities - Construction material shall consist
of steel bars, 2-inch galvanized pipe, masonry block, or their strength equivalent.
(ii)
Indoor facilities - Potential escape routes shall be equipped
with steel bars, 2-inch galvanized pipe, or equivalent.
(B)
Baboons, jaguars, tigers, lions, leopards, cougars, cheetahs,
bears, and hyenas.
(i)
Outdoor facilities - Construction material shall consist
of not less than 9-gauge chain link or equivalent.
(ii)
Indoor facilities - Potential escape routes shall be equipped
with wire or grating of not less than 9-gauge or equivalent.
(C)
Ocelots, servals, lynxes, bobcats, caracals, coyotes, and
jackals.
(i)
Outdoor facilities - Construction material shall consist
of not less than 12-gauge chain link or equivalent.
(ii)
Indoor facilities - Potential escape routes shall be equipped
with wire or grating not less than 12-gauge or equivalent.
(d)
Primary Enclosure Size and Equipment Requirements. No dangerous
wild animal shall be confined in any primary enclosure that contains more
individual animals than specified in this section, is smaller in dimension
than specified in this section, or is not equipped as specified in this section.
The area occupied by pools, ponds, or lakes shall be in addition to the space
requirements for the primary enclosure.
(1)
Primates.
(A)
In addition to species-related requirements of this section,
each primary enclosure shall have accessible devices to provide physical stimulation
or manipulation compatible with the species. Each device shall be noninjurious
and may include, but is not limited to, boxes, balls, mirrors, or foraging
items.
(B)
Each primary enclosure shall have perching area(s) and
shelter(s) that will accommodate all animals in the enclosure simultaneously.
(C)
Each primary enclosure shall have horizontal and vertical
climbing structures appropriate for the species.
(D)
Requirements for specific primate species are as follows:
(i)
Baboons. For one animal the primary enclosure shall have
a floor area of 100 square feet with a wall or fence 8 feet high. For each
additional animal primary enclosure size shall be increased by 100 square
feet.
(ii)
Chimpanzees. For one animal the primary enclosure shall
have a floor area of 200 square feet with a wall or fence 8 feet high. For
each additional animal primary enclosure size shall be increased by 100 square
feet.
(iii)
Orangutans. For one animal the primary enclosure shall
have a floor area of 200 square feet with a wall or fence 10 feet high. For
each additional animal primary enclosure size shall be increased by 200 square
feet.
(iv)
Gorillas. For one animal the primary enclosure shall have
a floor area of 300 square feet with a wall or fence 8 feet high. For each
additional animal primary enclosure size shall be increased by 200 square
feet.
(2)
Wild felines.
(A)
In addition to requirements of this section, each primary
enclosure shall be equipped with a shelter(s)/nest box(es) large enough to
accommodate all the animals in the enclosure simultaneously.
(B)
Each primary enclosure shall have an accessible device
to provide physical stimulation or manipulation compatible with the species.
Such device shall be noninjurious and may include, but is not limited to,
boxes, balls, bones, barrels, drums, rawhide materials, or pools. The area
occupied by a pool shall be in addition to the space requirements for the
primary enclosure.
(C)
Each primary enclosure shall have an elevated platform
large enough to accommodate all animals in the enclosure simultaneously.
(D)
Each primary enclosure shall have a claw log.
(E)
Requirements for specific species of wild felines are as
follows:
(i)
Lions, tigers, and cheetahs.
(I)
For one animal the primary enclosure shall have a floor
area of 300 square feet with a wall or fence 8 feet high. For each additional
animal primary enclosure size shall be increased by 150 square feet.
(II)
Outdoor primary enclosures over 1,000 square feet (uncovered)
shall have vertical jump walls at least 10 feet high with a 45 degree inward
angle overhang 2 feet wide or jump walls at least 12 feet high without an
overhang. The inward angle fencing shall be made of the same material as the
vertical fencing.
(ii)
Jaguars, leopards, and cougars.
(I)
For one animal the primary enclosure shall have a floor
area of 200 square feet with a wall or fence 8 feet high. For each additional
animal primary enclosure size shall be increased by 100 square feet.
(II)
Jaguars, leopards, and cougars shall not be kept in uncovered
enclosures.
(iii)
Bobcats, lynxes, ocelots, caracals, and servals. For
one animal the primary enclosure shall have a floor area of 80 square feet
with a wall or fence 8 feet high. For each additional animal primary enclosure
size shall be increased by 40 square feet.
(3)
Bears.
(A)
In addition to the requirements of this section, each primary
enclosure shall be equipped with a shelter(s) that shall accommodate all animals
in the enclosure simultaneously.
(B)
Each primary enclosure shall have an accessible device
to provide physical stimulation or manipulation compatible with the species.
Such device shall be noninjurious and may include, but is not limited to,
boxes, balls, bones, barrels, drums, climbing apparatus, or foraging items.
(C)
Each primary enclosure shall have an elevated platform(s)
for resting.
(D)
Requirement for specific types of bears are as follows:
(i)
Sun bears.
(I)
For one animal the primary enclosure shall have a floor
area of 200 square feet with a wall or fence 8 feet high. For each additional
animal primary enclosure size shall be increased by 100 square feet.
(II)
Each primary enclosure shall have, as a minimum, a 3-foot
by 4-foot pool of water, 2 feet deep. The area occupied by the pool shall
be in addition to the space requirements for the primary enclosure.
(ii)
Black bears and Asiatic bears.
(I)
For one animal the primary enclosure shall have a floor
area of 300 square feet with a wall or fence 8 feet high. For each additional
animal primary enclosure size shall be increased by 150 square feet.
(II)
Each primary enclosure shall have, as a minimum, a 4-foot
by 6-foot pool of water, 3 feet deep. The area occupied by the pool shall
be in addition to the space requirements for the primary enclosure.
(iii)
Brown bears and polar bears.
(I)
For one animal the primary enclosure shall have a floor
area of 400 square feet with a wall or fence 10 feet high. For each additional
animal primary enclosure size shall be increased by 200 square feet.
(II)
Each primary enclosure for brown bears shall have, as
a minimum, a 6-foot by 10-foot pool of water, 4 feet deep. The area occupied
by the pool shall be in addition to the space requirements for the primary
enclosure.
(III)
Each primary enclosure for polar bears shall have, as
a minimum, a 10-foot by 10-foot pool of water, 5 feet deep. The area occupied
by the pool shall be in addition to the space requirements for the primary
enclosure.
(4)
Coyotes and jackals.
(A)
In addition to the requirements of this section, each primary
enclosure shall be equipped with a shelter(s)/den(s) that shall accommodate
all the animals in the enclosure simultaneously.
(B)
Each primary enclosure shall have an accessible device
to provide physical stimulation or manipulation compatible with the species.
Such device shall be noninjurious and may include, but is not limited to,
boxes, balls, bones, barrels, drums, rawhide materials, or pools. The area
occupied by a pool shall be in addition to the space requirements for the
primary enclosure.
(C)
For one animal the primary enclosure shall have a floor
area of 150 square feet with a wall or fence 6 feet high. For each additional
animal primary enclosure size shall be increased by 100 square feet.
(D)
Each primary enclosure shall have an elevated platform
large enough to accommodate all animals in the enclosure simultaneously.
(E)
Uncovered outdoor primary enclosures over 1,000 square
feet shall have vertical jump walls at least 8 feet high with a 45 degree
inward angle overhang 2 feet wide or jump walls 10 feet high without an overhang.
The inward angle fencing shall be made of the same material as the vertical
fencing.
(5)
Hyenas.
(A)
For one animal the primary enclosure shall have a floor
area of 200 square feet with a wall or fence 6 feet high. For each additional
animal primary enclosure size shall be increased by 100 square feet.
(B)
Each primary enclosure shall have an elevated platform
large enough to accommodate all animals in the enclosure simultaneously.
(C)
Outdoor primary enclosures over 1,000 square feet (uncovered)
shall have vertical jump walls at least 8 feet high with a 45 degree inward
angle overhang 2 feet wide or jump walls 10 feet high without an overhang.
The inward angle fencing shall be made of the same material as the vertical
fencing.
This agency hereby certifies that the adoption
has been reviewed by legal counsel and found to be a valid exercise of the
agency's legal authority.
Filed with the Office of
the Secretary of State on February 22, 2002.
TRD-200201107
Susan K. Steeg
General Counsel
Texas Department of Health
Effective date: March 14, 2002
Proposal publication date: December 14, 2001
For further information, please call: (512) 458-7236
Subchapter B. MEAT AND POULTRY INSPECTION
Subchapter W. PRIVACY POLICY
Chapter 37.
MATERNAL AND INFANT HEALTH SERVICES
Chapter 129.
OPTICIANS' REGISTRY
Chapter 130.
CODE ENFORCEMENT REGISTRY
Chapter 134.
PRIVATE PSYCHIATRIC HOSPITALS AND CRISIS STABILIZATION UNITS
Chapter 169.
ZOONOSIS CONTROL
Subchapter F. REPTILE-ASSOCIATED SALMONELLOSIS
Subchapter G. CAGING REQUIREMENTS AND STANDARDS FOR DANGEROUS WILD ANIMALS
Chapter 221.
MEAT SAFETY ASSURANCE