ISSUE OFJune 28, 1991" Volume 16, Number 49, June 28, 1991 Pages 3555-3645 Emergency Sections Office of the Governor 3567-Criminal Justice Division Texas Workers' Compensation Commission 3567-Medical Benefits 3569-Medical Benefits-Guidelines for Medical Services, Charges, and Payments Proposed Sections Office of the Governor 3571-Criminal Justice Division Texas State Library and Archives Commission 3571-Library Development Public Utility Commission of Texas 3572-Practice and Procedure 3573-Substantive Rules Comptroller of Public Accounts 3575-Tax Administration Withdrawn Sections Public Utility Commission of Texas 3579-Substantive Rules Adopted Sections Department of Information Resources 3581-Planning and Management of Information Resources Technologies Public Utility Commission of Texas 3581-Substantive Rules Texas Department of Mental Health and Mental Retardation 3592-Other Agencies and the Public Texas Workers' Compensation Commission 3593-Benefits-Guidelines for Medical Services, Charges and Payments Texas Parks and Wildlife Department 3594-Fisheries and Wildlife Texas Air Control Board 3605-Control of Air Pollution from Visible Emissions and Particulate Matter Commission on Fire Protection Personnel Standards and Education 3611-Practice and Procedures 3616-Standards Manual 3624-Forms 3624-Policy 3625-Fire Fighter Safety 3625-Fire Fighter Safety Equipment 3625-Fees State Board of Insurance 3626-Notification Pursuant to the Texas Insurance Code, Chapter 5, Subchapter L Open Meetings 3627-Texas Department of Agriculture 3627-Texas Commission on Alcohol and Drug Abuse 3627-Texas Department of Aviation 3628-Bond Review Board 3628-Daughters of the Republic of Texas, Inc. 3628-Texas Commission for the Deaf 3628-Texas Education Agency 3628-Texas Employment Commission 3628-Commission of Fire Protection 3629-Governor's Task Force on Revenue 3629-Texas Department of Health 3630-Texas Higher Education Coordinating Board 3631-Texas Department of Human Services 3631-State Board of Insurance 3631-Texas Board of Professional Land Surveying 3631-Texas Department of Licensing and Regulation 3632-Mental Health and Mental Retardation Center of East Texas 3632-State Preservation Board 3632-Texas Public Finance Authority 3632-Public Utility Commission of Texas 3632-State Purchasing and General Services Commission 3632-Texas Racing Commission 3633-School Land Board 3633-State Securities Board 3633-Teacher Retirement System of Texas 3633-The Texas A&M University System, Board of Regents 3633-Texas State University System 3633-Texas Turnpike Authority 3634-Texas Water Commission 3635-Texas Workers' Compensation Commission 3635-Regional Meetings In Addition Texas Department of Commerce 3639-Notice of Contract Award Office of Consumer Credit Commissioner 3639-Notice of Rate Ceilings Texas Department of Health 3639-Correction of Error 3639-Permit Application for Municipal Solid Waste Site Notice of Filing Texas Department of Human Services 3641-Notice of Amended Consultant Proposal Request 3641-Notice of Open Solicitation 3642-Request for Proposal Lower Colorado River Authority 3642-Application of Electric Utility for a Certificate of Convenience and Necessity Texas Department of Mental Health and Mental Retardation 3643-Notice of Public Hearing Texas Parks and Wildlife Department 3643-Notice of Joint Public Hearing Texas Public Finance Authority 3644-Request for Proposals for Insurance Policy Public Utility Commission of Texas 3644-Notice of Intent to File Pursuant to PUC Substsantive Rule 23.27 State Securities Board 3644-Correction of Error Texas Water Commission 3644-Enforcement Order Texas Workers' Compensation Commission 3645-Correction of Error CONTENTS CONTINUED INSIDE ISSUE OFJune 28, 1991" TAC Titles Affected TAC Titles Affected-June The following is a list of the administrative rules that have been published this month. TITLE 1. ADMINISTRATION Part I. Office of the Governor 1 TAC sec.3.603--3567, 3571 1 TAC sec.201.1, sec.201.5--3581 Part XIII. Texas Incentive and Productivity Commission 1 TAC sec.sec.273.1, 273.7, 273.9, 273.15--3295, 3295 1 TAC sec.289.1--3299 1 TAC sec.sec.291.1, 291.3, 291.5--3300, 3299 1 TAC sec.295.1--3300 1 TAC sec.sec.297.1, 297.3, 297.5--3300 TITLE 4. AGRICULTURE Part I. Texas Department of Agriculture 4 TAC sec.7.10--3033 4 TAC sec.9.19--3397 TITLE 13. CULTURAL RESOURCES Part I. Texas State Library and Archives Commission 13 TAC sec.1.21--3571 13 TAC sec.1.23, sec.1.31--3571 13 TAC sec.1.72--3572 TITLE 16. ECONOMIC REGULATION Part II. Public Utility Commission of Texas 16 TAC sec.21.28--3572 16 TAC sec.23.3--3581 16 TAC sec.23.21--3581 16 TAC sec.23.31--3573 16 TAC sec.23.48--3574, 3579 16 TAC sec.23.59--3588 Part IV. Texas Department of Licensing and Regulation 16 TAC sec.60.69--3345 16 TAC sec.69.52--3345 16 TAC sec.75.20, sec.75.40--3345 Part VI. Texas Motor Vehicle Commission 16 TAC sec.101.13--3253 16 TAC sec.101.13, sec.101.15--3253 TITLE 19. EDUCATION Part I. Texas Higher Education Coordinating Board 19 TAC sec.sec.5.370-5.376--3253 19 TAC sec.sec.12.21-12.24--3254 19 TAC sec.sec.12.41-12.51--3254 19 TAC sec.sec.12.71-12.76--3254 19 TAC sec.sec.21.21-21.35--3254 19 TAC sec.sec.21.21-21.39--3254 19 TAC sec.21.55, sec.21.56--3257 Part II. Texas Education Agency 19 TAC sec.69.1, sec.69.2--3035 19 TAC sec.sec.69.10-69.23--3035 19 TAC sec.69.101--3035 19 TAC sec.sec.69.121-69.129--3035 19 TAC sec.75.141--3035 19 TAC sec.sec.75.311-75.320--3036 19 TAC sec.sec.77.21-77.26--3036 19 TAC sec.77.331--3036 19 TAC sec.sec.77.351-77.366, 77.372--3036 19 TAC sec.sec.77.391-77.396--3036 19 TAC sec.77.431--3036 19 TAC sec.77.451, sec.77.453--3037 19 TAC sec.sec.77.471-77.480--3037 19 TAC sec.sec.78.1-78.4--3038 19 TAC sec.sec.78.1-78.5--3037 19 TAC sec.78.10--3038 19 TAC sec.sec.78.21-78.25--3027 19 TAC sec.78.41--3037 19 TAC sec.sec.78.61-78.64--3037 19 TAC sec.78.70--3037 19 TAC sec.89.1--3038 19 TAC sec.sec.89.1-89.16--3040 19 TAC sec.89.21, sec.89.22--3039 19 TAC sec.89.31--3039 19 TAC sec.89.41, sec.89.42--3045 19 TAC sec.89.51, sec.89.52--3046 19 TAC sec.sec.89.51-89.56--3039 19 TAC sec.sec.89.71-89.84--3046 19 TAC sec.sec.89.71-89.90--3039 19 TAC sec.sec.89.111-89.120--3039, 3046 19 TAC sec.sec.89.131--3039 19 TAC sec.89.201, sec.89.203--3039, 3046 19 TAC sec.sec.89.211-89.224, 89.226-89.229, 89.231-89.240, 89.242--3046 19 TAC sec.sec.89.211-89.246--3039 19 TAC sec.sec.89.250, 89.252-89.254, 89256, 89.258 --3055 19 TAC sec.sec.89.250-89.259--3040 19 TAC sec.sec.89.291-89.296--3040 19 TAC sec.89.331--3055 19 TAC sec.sec.89.331-89.334--3040 19 TAC sec.109.61--3055 19 TAC sec.185.1--3056 19 TAC sec.185.15--3337 19 TAC sec.sec.185.10-185.23--3056 19 TAC sec.185.101--3064 19 TAC sec.sec.185.121-185.129--3064 TITLE 22. EXAMINING BOARDS Part I. Texas Board of Architectural Examiners 22 TAC sec.3.144--3077 Part VI. Texas State Board of Registration for Professional Engineers 22 TAC sec.131.134--3346 22 TAC sec.131.151--3393 22 TAC sec.131.171--3393 Part VII. Texas Board of Examiners in the Fitting and Dispensing of Hearing Aids 22 TAC sec.145.1--3351 Part XI. Board of Nurse Examiners 22 TAC sec.211.5--3175 22 TAC sec.213.12, sec.213.16--3191 22 TAC sec.213.12, sec.213.22--3301 22 TAC sec.215.17--3191 22 TAC sec.217.1, sec.217.15--3191 22 TAC sec.217.10--3175 22 TAC sec.218.9--3175 22 TAC sec.222.1-222.4--3195 22 TAC sec.221.1-221.8--3194 22 TAC sec.221.1-221.10--3195 22 TAC sec.sec.280.1-280.6 --3393 Part XV. Texas State Board of Pharmacy 22 TAC sec.291.36--3107 Part XXIII. Texas Real Estate Commission 22 TAC sec.535.17--3025 22 TAC sec.535.51--3077 22 TAC sec.535.71, 535.72--3078 22 TAC sec.535.91--3025 22 TAC sec.535.92--3080 22 TAC sec.535.122--3080 22 TAC sec.539.81--3026 TITLE 25. HEALTH SERVICES Part I. Texas Department of Health 25 TAC sec.1.4--3105, 3124 25 TAC sec.1.5--3124 25 TAC sec.31.3--3125 25 TAC sec.97.22--3176 Part II. Texas Department of Mental Health and Mental Retardation 25 TAC sec.sec.403.181-403.185--3592 25 TAC sec.sec.403.251-403.274--3592 25 TAC sec.sec.403.281-403.282--3592 25 TAC sec.sec.403.321-403.336--3593 25 TAC sec.403.530--3593 TITLE 28. INSURANCE Part I. State Board of Insurance 28 TAC sec.7.28, sec.7.30--3305 28 TAC sec.7.59--3305 28 TAC sec.7.91--3257 28 TAC sec.7.1009--3351 28 TAC sec.9.11--3105 28 TAC sec.9.31--3301 28 TAC sec.11.802-11.807--3258 28 TAC sec.11.803, sec.11.804--3258 28 TAC sec.sec.19.1001-19.1012--3337 28 TAC sec.27.414--3352 28 TAC sec.25.715--3081, 3351 Part II. Texas Workers' Compensation Commission 28 TAC sec.42.110--3026, 3033, 3567 28 TAC sec.42.111--3173 28 TAC sec.110.103--3296, 3302 28 TAC sec.126.7--3137 28 TAC sec.133.107--3349 28 TAC sec.134.400--3028, 3033, 3569 28 TAC sec.134.600--3029 28 TAC sec.134.803--3593 28 TAC sec.142.19--3397 28 TAC sec.150.3--3399 28 TAC sec.sec.170.1, 170.2, 170.3--3030 TITLE 31. NATURAL RESOURCES AND CONSERVATION Part II. Texas Parks and Wildlife Department 31 TAC sec.53.8, sec.53.10--3138 31 TAC sec.59.2, sec.59.3--3140 31 TAC sec.59.6--3126 31 TAC sec.sec.65.1, 65.3, 65.26, 65.40, 65.62, 65.72, 65.78--3594 31 TAC sec.65.72--3126 31 TAC sec.sec.65.190-65.194--3604 31 TAC sec.65.702--3399 Part III. Texas Air Control Board 31 TAC sec.101.1--3128 31 TAC sec.sec.111.124, 111.125, 111.127, 111.129--3605 31 TAC sec.112.6, sec.112.20--3128 Part IX. Texas Water Commission 31 TAC sec.334.481, sec.334.482--3352 31 TAC sec.sec.307.2-307.10--3400, 3410 Part X. Texas Water Development Board 31 TAC sec.355.1--3239 31 TAC sec.sec.355.1-355.11--3239 31 TAC sec.sec.355.10-355.19--3241 31 TAC sec.sec.355.31-355.40--3241 31 TAC sec.sec.355.51-355.61--3241 31 TAC sec.sec.355.70-355.77--3242 31 TAC sec.sec.355.70-355.80--3242 TITLE 34. PUBLIC FINANCE Part I. Comptroller of Public Accounts 34 TAC sec.1.42--3179 34 TAC sec.3.9--3023, 3296, 3302 34 TAC sec.3.196--3395 34 TAC sec.3.285--3244 34 TAC sec.3.295--3195 34 TAC sec.3.297--3251 34 TAC sec.3.313--3195 34 TAC sec.3.322--3575 34 TAC sec.3.692--3235 34 TAC sec.3.693--3235 Part VII. State Property Tax Board 34 TAC sec.sec.165.73-165.78--3135 34 TAC sec.171.1--3391, 3396 Part IX. Texas Bond Review Board 34 TAC sec.181.11--3196 TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part I. Texas Department of Public Safety 37 TAC sec.1.231--3129 Part III. Texas Youth Commission 37 TAC sec.81.7--3353 Part VI. Texas Department of Criminal Justice 37 TAC sec.152.3--3179 Part VIII. Commission on Fire Protection Personnel Standards and Education 37 TAC sec.sec.231.1-233.4--3616 37 TAC sec.sec.231.1-231.56--3611 37 TAC sec.sec.231.3, 231.5, 231.7, 231.9, 231.11, 231.13, 231.15, 231.17, 231.19, 231.21, 231.23, 231.25, 231.27, 231.29, 231.31, 231.33, 231.35, 231.37, 231.39, 231.41, 231.43, 231.45, 231.47, 231.49, 231.51, 231.53, 231.55, 231.57, 231.59, 231.61, 231.63, 231.71, 231.73, 231.75, 231.77, 231.79, 231.81, 231.83, 231.85, 231.87, 231.89, 231.91, 231.93, 231.95, 231.97, 231.99, 231.101, 231.103, 231.105, 231.107--3611 37 TAC sec.sec.233.11-233.13--3622 37 TAC sec.sec.233.21-233.23--3622 37 TAC sec.233.31--3622 37 TAC sec.233.33--3622 37 TAC sec.233.35--3622 37 TAC sec.233.41--3622 37 TAC sec.233.43--3623 37 TAC sec.sec.233.61-233.64--3623 37 TAC sec.233.66--3623 37 TAC sec.233.71--3623 37 TAC sec.233.81--3623 37 TAC sec.sec.233.101-233.111--3623 37 TAC sec.sec.233.121-233.128--3623 37 TAC sec.233.142--3624 37 TAC sec.sec.233.151-233.156--3624 37 TAC sec.233.158--3624 37 TAC sec.sec.233.1, 233.3, 233.5, 233.7, 233.9, 233.11, 233.13, 233.15, 233.17, 233.19, 233.21, 233.23, 233.25, 233.27, 233.29, 233.31, 233.33, 233.35, 233.37, 233.39, 233.41, 233.43, 233.45, 233.47, 233.49, 233.51, 233.53, 233.55, 233.57, 233.59, 233.61. 233.63, 233.71, 233.81, 233.83, 233.85, 233.87, 233.89, 233.91, 233.93, 233.95, 233.97, 233.99, 233.101, 233.103, 233.105, 233.107, 233.109, 233.113, 233.115, 233.117, 233.119, 233.121, 233.123, 233.131--3617 37 TAC sec.sec.233.160-233.161--3624 37 TAC sec.sec.235..1, 235.3, 235.5, 235.7--3624 37 TAC sec.235.11--3624 37 TAC sec.sec.235.21-235.28--3625 37 TAC sec.235.41, sec.235.43--3625 37 TAC sec.sec.237.1, 237.3, 237.5--3625 37 TAC sec.237.11--3625 37 TAC sec.sec.239.1, 239.3, 239.5, 239.7, 239.9, 239.11 --3625 Part IX. Texas Commission on Jail Standards 37 TAC sec.271.3--3141 37 TAC sec.273.5--3105 37 TAC sec.283.1--3141 37 TAC sec.297.9--3130 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. Texas Department of Human Services 40 TAC sec.4.1006--3186 40 TAC sec.sec.10.3411, 10.3412, 10.3414, 10.3415, 10.3424, 10.3433, 10.3453, 10.3454--3247 40 TAC sec.10.3456--3248 40 TAC sec.10.3458--3346 40 TAC sec.sec.10.3460-10.3465--3248 40 TAC sec.14.204--3305 40 TAC sec.15.435--3354 40 TAC sec.15.460--3354 40 TAC sec.15.466--3354 40 TAC sec.15.501--3355, 3355 40 TAC sec.24.102--3033 40 TAC sec.24.301--3142 40 TAC sec.sec.27.101, 27.103, 27.105--3526 40 TAC sec.sec.27.101-27.109--3526 40 TAC sec.sec.27.201, 27.205, 27.207, 27.209, 27.211, 27.213, 27.215, 27.217--3527 40 TAC sec.27.301--3530 40 TAC sec.sec.27.301, 27.303, 27.305, 27.307, 27.309 --3530 40 TAC sec.sec.27.401, 27.403., 27.405, 27.407, 27.409, 27.411, 27.413, 27.415, 27.417, 27.419, 27.421--3531 40 TAC sec.sec.27.501, 27.503, 27.505, 27.507, 27.509, 27.511, 27.513, 27.515, 27.517, 27.519, 27.521, 27.523, 27.525, 27.527, 27.529, 27.531--3533 40 TAC sec.sec.27.601, 27.603, 27.605, 27.607--3535 40 TAC sec.sec.27.701, 27.703, 27.705, 27.707, 27.709, 27.711, 27.713, 72.715, 27.717--3539 40 TAC sec.sec.27.801, 27.803, 27.805, 27.807, 27.811, 27.813, 27.815, 27.817, 27.819, 27.821, 27.823, 27.825, 27.827, 27.829, 27.831, 27.833, 27.835, 27.837, 27.839, 27.841, 27.843, 27.845, 27.847, 27.849, 27.851, 27.853, 27.855, 27.857, 27.859, 27.861, 27.863--3540 40 TAC sec.sec.27.1501, 27.1503, 27.1505, 27.1507, 27.1509, 27.1511, 27.1513, 27.1515, 27.1517, 27.1519, 27.1521, 27.1523, 27.1525, 27.1527, 27.1529, 27.1531, 27.1533, 27.1535, 27.1537, 27.1539, 27.1541, 27.1543, 27.1545, 27.1547, 27.1549, 27.1551, 27.1553, 27.1555, 27.1557, 27.1559, 27.1561, 27.1563--3541 40 TAC sec.sec.27.1801-27.1805--3541 40 TAC sec.sec.27.2301-27.2303--3541 40 TAC sec.27.2403, sec.27.2405--3541 40 TAC sec.sec.27.2501-27.2507--3541 40 TAC sec.sec.27.2601-27.2604--3541 40 TAC sec.sec.27.2701-27.2704--3541 40 TAC sec.sec.27.2901-27.2917--3542 40 TAC sec.sec.27.3001-27.3011--3542 40 TAC sec.sec.27.3101-27.3106--3542 40 TAC sec.sec.27.3201-27.3221--3542 40 TAC sec.sec.27.3301-27.3303--3542 40 TAC sec.sec.27.3401-27.3406--3542 40 TAC sec.27.3501, sec.27.3502--3542 40 TAC sec.sec.27.3601-27.3609--3542 40 TAC sec.sec.27.3701-27.3704--3543 40 TAC sec.sec.27.3801-27.3804--3543 40 TAC sec.sec.27.3901-27.3904--3543 40 TAC sec.sec.27.4001-27.4003--3543 40 TAC sec.27.4101, sec.27.4102--3543 40 TAC sec.sec.27.4201-27.4203--3543 40 TAC sec.27.4301, sec.27.4302--3543 40 TAC sec.sec.27.4401-27.4403--3543 40 TAC sec.sec.27.4501-27.4506--3543 40 TAC sec.sec.27.4601-27.4608--3544 40 TAC sec.sec.27.4701-27.4704--3544 40 TAC sec.sec.27.4801-27.4804--3544 40 TAC sec.27.9801--3544 40 TAC sec.29.610--3189 40 TAC sec.47.6901--3186 40 TAC sec.48.2501--3031 40 TAC sec.48.2906--3197 40 TAC sec.48.3904--3347 40 TAC sec.48.9808--3197 40 TAC sec.sec.49.1601-49.1603--3131 40 TAC sec.49.1765--3355, 3355 40 TAC sec.85.1404--3259 Part VII. Texas Committee on Purchases of Products and Services of Blind and Severely Diabled Persons 40 TAC sec.sec.189.2, 189.3, 189.5, 189.10--3259 Part IX. Texas Department on Aging 40 TAC sec.sec.259.2-259.4, 259.6, 259.7--3032 40 TAC sec.sec.261.1, 261.3, 261.5, 261.9, 261.13--3347 Part X. Texas Employment Commission 40 TAC sec.301.16--3396 TITLE 43. TRANSPORTATION Part I. State Department of Highways and Public Transportation 43 TAC sec.sec.11.1-11.3--3197 43 TAC sec.sec.11.80-11.90--3197 43 TAC sec.13.8--3259 43 TAC sec.sec.21.150--3236, 3251 43 TAC sec.sec.25.802, 25.806, 25.807--3260 Emergency Sections An agency may adopt a new or amended section or repeal an existing section on an emergency basis if it determines that such action is necessary for the public health, safety, or welfare of this state. The section may become effective immediately upon filing with the Texas Register, or on a stated date less than 20 days after filing, for no more than 120 days. The emergency action is renewable once for no more than 60 days. Symbology in amended emergency sections. New language added to an existing section is indicated by the use of bold text. [Brackets] indicate deletion of existing material within a section. TITLE 1. ADMINISTRATION Part I. Office of the Governor Chapter 3. Criminal Justice Division Subchapter A. Criminal Justice Administration of the Crime Victims Assistance Program 1 TAC sec.3.603 The Criminal Justice Division (CJD) of the Office of the Governor adopts on an emergency basis an amendment to sec.3.603, concerning the Crime Victims Assistance Program rules. The CJD is now in the process of reviewing applications for federal funds, that are available under the federal Victims of Crime Act of 1984 (VOCA). The amendment is being adopted on an emergency basis to ensure that the applicants for VOCA funds have complete and accurate information essential for the implementation of their grant on July 1, 1991, and are fully aware of statutory and administrative requirements that may affect their proposed projects. The amendment is adopted on an emergency basis under Texas Civil Statutes, Article 443(32a), sec.6(a)(11), which provide the Criminal Justice Division with the authority to adopt such rules, regulations, and procedures as may be necessary to carry out the provisions of the Act. sec.3.603. Compliance; Adoption by Reference.
    Grantee/applicants shall comply with all applicable state and federal statutes, rules, regulations, and guidelines. The Criminal Justice Division (CJD) adopts by reference the following documents and forms. Information regarding these adoptions by reference may be obtained from the Criminal Justice Division, Attention: Crime Victims Assistance Section. P.O. Box 12428, Austin, Texas 78711, (512) 463-1919: (1)-(5) (No change.) (6) Office of Justice Programs, OJP Guideline Manual, OJP M7100.1d
      [c], Financial and Administrative Guide for Grants; (7) audit guidelines: (A)-(C) (No change.) (D) Office of Management and Budget, Circular A-133, Audits of Institutions of Higher Education and Other Nonprofit Organizations; (8) (No change.) (9) Criminal Justice Division forms for crime victims assistance projects: (A)-(E) (No change.) (F) report of expenditure and status of funds.
        [;] [(G) property inventory;] Issued in Austin, Texas, on June 14, 1991. TRD-9107381 David A. Talbot Director Criminal Justice Division, Office of the Governor Effective date: June 20, 1991 Expiration date: October 18, 1991 For further information, please call: (512) 463-1788 TITLE 28. INSURANCE Part II. Texas Workers' Compensation Commission Chapter 42. Medical Benefits Subchapter B. Medical Cost Evaluation 28 TAC sec.42.110 The Texas Workers' Compensation Commission adopts on an emergency basis the repeal of sec.42.110, concerning official health facility fee guidelines. That section implemented a hospital fee guideline based on the "ratio" method. The repeal is effective June 30, 1991, for a period of 120 days. The "ratio" method is being replaced by another hospital and ambulatory surgical center fee guideline, adopted by emergency as new sec.42.110. The executive director of the commission has determined that the section should be repealed on an emergency basis. A requirement of state law, set forth in Texas Civil Statutes, Article 8306, sec.7b(1990), states that the board shall establish medical fee guidelines governing the provision and payment of medical services to injured workers. The executive director of the commission administers old law in the board's stead. Fee guidelines are required also under the new workers' compensation law, Texas Civil Statutes, Article 8308-8.01(a), and 8308-8.21(a) and (b). The executive director of the commission further finds that an imminent peril to public health, safety, or welfare will exist if this section is not repealed effective on June 30, 1991, and replaced with a new section. The reasons for the findings are as follows: the Workers' Compensation laws in effect for treatment of injuries that occurred prior to January 1, 1991, Texas Civil Statutes, Article 8306, sec.7b, require the board to establish guidelines relating to the fees charged or paid for medical services rendered to injured employees; pending development of new fee guidelines, the executive director of the commission adopted an emergency amendment to this section, and new sec.42.111, which prolonged the use of the ratio method of computing allowable fees that had been promulgated by the Industrial Accident Board. The unamended ration sec.42.110 is still in effect. Emergency sec.42.111 expires effective June 30, 1991; New guidelines, based upon a different methodology, have been promulgated by emergency to replace this section. Continuation of this section would cause confusion among insurance carriers and health care providers who are charged with carrying out the guidelines. The repeal is adopted on an emergency basis under Texas Civil Statutes, Article 8306, sec.7b(1990), which specifically authorize the board to adopt rules to implement medical cost containment; Article 8308-17.18(d), which state that the commission shall process claims for injuries occurring prior to January 1, 1991, in accordance with the law in effect on the date of injury; Article 8303-17.12(b), which require the commission to delegate appropriate powers and duties to the executive director to administer the workers' compensation law in effect prior to the effective date of the new Texas Workers' Compensation Act (which delegation was made by the commissioners on April 1, 1990); Article 8307, sec.4(a), which authorize the board to adopt rules to carry out and enforce the Workers' Compensation Act; and Article 6252-13a, sec.5(d), which authorize an agency to adopt a rule on fewer than 30 days' notice under the situations described in that statute. sec.42.110. Official Health Facility Fee Guidelines. Issued in Austin, Texas, on June 24, 1991. TRD-9107497 Susan M. Kelley General Counsel Texas Workers' Compensation Commission Effective date: June 30, 1991 Expiration date: October 28, 1991 For further information, please call: (512) 440-3973 28 TAC sec.42.110 The executive director of the Texas Workers' Compensation Commission adopts on an emergency basis new sec.42.110, titled "Hospital and Ambulatory Surgical Center Fee Guidelines," which concerns calculation of allowable fees for certain health care services to injured workers, rendered by hospitals and similar facilities, in accordance with the workers' compensation laws of Texas. The section incorporates a fee guideline entitled "1991 Texas Workers' Compensation Commission Hospital and Ambulatory Surgical Fee Guideline" (June 1991 amended version). The guideline is the same one that is adopted by reference in proposed sec.42.110, published in the June 4, 1991, issue of the Texas Register (16 TexReg 3026), except that Chapter IV of that guideline, entitled "Hospital Outpatient Surgical and Ambulatory Surgical Center (ASC) Services" has been changed in the version adopted by reference in this emergency section. The section is adopted for a 120-day period, effective June 30, 1991. The new section concerns the health facility fee guidelines for hospitals and ambulatory surgical centers, and adds new guidelines, definitions, and a new reimbursement scheme for services rendered on an inpatient or outpatient basis by hospitals or ambulatory surgical centers. The section adopts by reference the guidelines as published in the "1991 Texas Workers' Compensation Commission Hospital and Ambulatory, Surgical Center Fee Guideline," and makes clear that this is the June 1991 amended version of that publication, to avoid confusion with an earlier proposed version. The guideline is used to establish maximum allowable reimbursement for charges made on behalf of injured workers who are covered by workers' compensation insurance. The purpose of the guideline is to implement the requirements for a hospital and ambulatory surgery center fee guideline for injuries prior to January, 1, 1991, for dates of service after the effective date of the section. The laws which require guidelines are Texas Civil Statutes, Article 8306 sec.7b ("old law" injuries), and Texas Civil Statutes, Article 8308 sec.8.01(a) and (a) and sec.8.21 (Supplemental 1991) ("new law" injuries). The guideline is divided into eight sections, as follows: I. General Ground Rules-All Facilities; II. Special Ground Rules-Acute Care Hospital Services; III. Rehabilitation and Psychiatric Hospitals; IV. Hospital Outpatient and Ambulatory Surgical Center Services; V. Other Hospital or ASC-based Outpatient Medical Services; VI. DRG Relative Weight Table; VII. Outpatient Surgical Codes; and VIII. Texas Specific Area Index. Along with calculations of reimbursement for each type of facility, and examples of how the calculation is done, billing procedures to be followed are described for the pertinent facilities in each section; appendices to the guideline detail the step-by-step procedure for completing these billing forms. These guidelines add ground rules and definition for reimbursement for hospital and ambulatory, surgery center services (ASCs), which are reimbursed based upon standard amounts in two categories: "Metropolitan" and "Urban." The "Metropolitan" counties are listed in the ground rules and include Bexar, Collin, Comal, Dallas, Denton, Ellis, Fort Bend, Guadalupe, Harris, Johnson, Kaufman, Liberty, Montgomery, Parker, Rockwall, Tarrant, and Waller counties; hospitals and ASCs in these counties will be reimbursed according to the "Metropolitan" standard amount set forth in the guidelines. All other counties are "Urban" and hospitals and ASCs therein will be reimbursed according to the "Urban" standard amount. The reimbursement guidelines are applicable only to acute care, specialty, and rehabilitation hospitals and ASCs. By using the "Metropolitan" or "Urban" standard amounts, the guidelines compute the amount of reimbursement for acute care hospital inpatient services using a diagnostic related group (DRG) based prospective payment system (PPS). Additional reimbursement on a particular case can be allowed if a particular case exceeds the "outlier threshold." The guideline describes the calculation to use for determining the DRG reimbursement and outlier thresholds. Various procedures, relative weights, and geometric mean length of stay (MLOS) are listed in a DRG relative weight table, Section VII of the guideline, for 490 separately described services. The PPS also utilizes a specific area index that is set forth in Section IX of the guideline. The DRG relative weights set forth in Section VII are those as listed in the Federal Register/Vol 55, No. 171/ Tuesday, September 4, 1990, as used by the Health Care Financing Administration, United States Department of Health & Human Services. Billing for implantables is detailed in Section II. With respect to rehabilitation and psychiatric hospital admissions, reimbursement calculations are based upon a workers' compensation standard per diem amount (WCSPDA); a separate amount, broken down by "Urban" and "Metropolitan" classifications, is set forth for psychiatric hospitals, and for rehabilitation hospitals. The method of reimbursement, and example calculations, are included in Section III of the guideline. Outpatient surgical services, described in Section IV, are reimbursed using a PPS. Six categories, O-5, for coding surgical services are established, and listed on a chart, for specified surgical CPT-4 codes. The six categories are "excluded," "routine service," "limited service," "intermediate service," "extended service," and "comprehensive service." The Urban/Metropolitan regional difference, and the specific area index (SAI) listed in Section IX of the guideline is used to figure payment. Section VIII of the guideline lists the outpatient surgical CPT-4 codes, and assigns a category, which will used for reimbursement calculation; excluded codes are assigned category "0" and reimbursed accordingly. The method for calculating allowable charge is described as a step-by-step procedure. The chapter provides for additional payment of outpatient surgical procedures at licensed hospitals. Multiple surgical procedures reimbursement is paid on a descending scale: the major procedure (at 100%), the second procedure (at 50%), and subsequent procedures (at 25%). The charges contained within the facility payment amount are listed. Additional reimbursement is provided for surgical procedures requiring the use of general anesthesia. Reimbursement for other outpatient medical services (non-surgical) is detailed in Section VI of the guideline. In summary, such services, including noninstitutional professional services, emergency services, and pharmacy services must be reimbursed according to fee guidelines established by sec.134.200 and sec.134.501 of this title (relating to the Medical Fee Guideline and Pharmaceutical Fee Guideline). Finally, appendices to the guideline describe steps to fill out required billing forms (TWCC Forms 66, 67, and 68). Copies of the guideline may be obtained from the Reprographics Department, Texas Workers' Compensation Commission, Southfield Building, 4000 South IH-35, Austin, Texas 78704. A copy of the guideline has been filed with the Texas Register along with this section. The executive director of the commission has determined that the section should be adopted as an emergency section. A requirement of state law, set forth in Texas Civil Statutes, Article 8306, sec.7b (1990), states that the board shall establish medical fee guidelines governing the provision and payment of medical services to injured workers. The executive director of the commission administers old law in the board's stead. Fee guidelines are required also under the new workers' compensation law, Texas Civil Statutes, Article 8308-8.01(a), and 8308-8.21(a) and (b). The executive director of the commission further finds that an imminent peril to public health, safety, or welfare if this section is not effective on June 30, 1991. The workers' compensation laws in effect for treatment of injuries that occurred prior to January 1, 1991, Texas Civil Statutes, Article 8306, sec.7b, requires the board to establish guidelines relating to the fees charged or paid for medical services rendered to injured employees; pending development of new fee guidelines, the executive director of the commission adopted emergency 28 TAC sec.42.110 and s42.111, which prolonged the use of the ratio method of computing allowable fees that had been promulgated by the Industrial Accident Board. Emergency sec.42.111 expires effective June 30, 1991; fee guidelines that will supercede the ratio method of calculating fees and charges were proposed for public comment in the June 4, 1991, issue of the Texas Register ; unless these guidelines (as amended) are adopted through this section, by emergency, there will be no uniform, specific cost containment guidelines in place regarding the fees charged by, or paid to, hospitals and ambulatory surgical centers for services rendered to injured workers covered by workers' compensation, for the period of time beginning when the current emergency section expires until the proposed guideline is adopted; the absence of such guidelines will cause confusion to all parties, including insurance carriers, health care facilities, and injured workers, as to the fees that are allowable under the Texas Workers' Compensation Act; such confusion will, in all probability, result in delays in prompt payment to health care facilities; there will be, in all probability, increased costs to the workers' to health care facilities; there will be, in all probability, increased costs to the workers' compensation system related to resolution of payment disputes, on a case-by-case basis, that will arise from issues relating to whether the fees charged are "fair and reasonable." The new section is adopted on an emergency basis under Texas Civil Statutes, Article 8306, sec.7b (1990), which specifically authorize the board to adopt rules to implement medical cost containment; Article 830817.18(d), which state that the commission shall process claims for injuries occurring prior to January 1, 1991, in accordance with the law in effect on the date of injury,; Article 8303-17.12(b), which require the commission to delegate appropriate powers and duties to the executive director to administer the workers' compensation law in effect prior to the effective date of the new Texas Workers' Compensation Act (which delegation was made by the commissioners on April 1, 1990); and Article 8307, sec.4(a), which authorize the board to adopt rules to carry, out and enforce the Workers' Compensation Act; and Article 6252-13a, sec.5(d), which authorize an agency to adopt a rule on fewer than 30 days notice under the situations described in that statute. sec.42.110. Hospital and Ambulatory Surgical Center Fee Guidelines; (a) The hospital and ambulatory surgical fee guideline applies to all inpatient and outpatient services rendered under the Texas Workers' Compensation Act. (b) The commission will publish and adopt by reference herein a hospital and ambulatory surgical center fee guideline. The guideline is published as the "1991 Texas Workers' Compensation Commission Hospital and Ambulatory Surgical Center Fee Guideline" (June 1991 amended version), which is adopted herein by reference. Copies of the guideline may be obtained from the Reprographics Department of the Texas Workers' Compensation Commission, 4000 South IH-35, Southfield Building, Austin, Texas 78704. Issued in Austin, Texas, on June 24, 1991. TRD-9107482 George Chapman Executive Director Texas Workers' Compensation Commission Effective date: June 30, 1991 Expiration date: October 28, 1991 For further information, please call: (512) 440-3973 Chapter 134. Medical Benefits-Guidelines for Medical Services, Charges, and Payments Subchapter E. Health Facility Fees 28 TAC sec.134.400 The Texas Workers' Compensation Commission adopts on an emergency basis new sec.134.400, titled "Hospital and Ambulatory Surgical Center Fee Guidelines," which concerns calculation of allowable fees for certain health care services to injured workers, rendered by hospitals and similar facilities, in accordance with the workers' compensation laws of Texas. The section adopts by reference a fee guideline entitled the "1991 Texas Workers' Compensation Commission Hospital and Ambulatory Surgical Fee Guideline" (June 1991 amended version). The guideline is the same one that is adopted by reference in proposed sec.134.400, published in the June 4, 1991, issue of the Texas Register (16 TexReg 3028), except that Chapter IV of that guideline, entitled "Hospital Outpatient Surgical and Ambulatory Surgical Center (ASC) Services" has been changed in the version adopted by reference in this emergency section. The section is adopted for a period of 120 days, effective June 30, 1991. The new section concerns the health facility fee guidelines for hospitals and ambulatory surgical centers, and adds new guidelines, definitions, and a new reimbursement scheme for services rendered on an inpatient or outpatient basis by hospitals or ambulatory surgical centers. The section adopts by reference the guidelines as published in the "1991 Texas Workers' Compensation Commission Hospital and Ambulatory Surgical Center Fee Guideline," and makes clear that this is the June 1991 amended version of that publication, to avoid confusion with an earlier proposed version. The guideline is used to establish maximum allowable reimbursement for charges made on behalf of injured workers who are covered by workers' compensation insurance. The purpose of the guideline is to implement the requirements for a hospital and ambulatory surgery center fee guideline for injuries both prior to January 1, 1991, and after, for dates of service after the effective date of the rule; the guideline is also being adopted on an emergency basis by the executive director of the commission as 28 TAC sec.42.110. The laws which require guidelines are Texas Civil Statutes, Article 8306 s7b ("old law" injuries), and Texas Civil Statutes, Article 8308 sec.8.01(a) and sec.8.21 (Supplemental 1991) ("new law" injuries). The guideline is divided into eight sections, as follows: I. General Ground Rules-All facilities; II. Special Ground Rules-Acute Care Hospital Services; III. Rehabilitation and Psychiatric Hospitals; IV. Hospital Outpatient and Ambulatory Surgical Center Services; V. Other Hospital or ASC-based Outpatient Medical Services; VI. DRG Relative Weight Table; VII. Outpatient Surgical Codes; and VIII. Texas Specific Area Index. Along with calculations of reimbursement for each type of facility, and examples of how the calculation is done, billing procedures to be followed are described for the pertinent facilities in each section; appendices to the guideline detail the step-by-step procedure for completing these billing forms. These guidelines add ground rules and definition for reimbursement for hospital and ambulatory, surgery, center services (ASCs), which are reimbursed based upon standard amounts in two categories: "Metropolitan" and "Urban." The "Metropolitan" counties are listed in the ground rules and include Bexar, Collin, Comal, Dallas, Denton, Ellis, Fort Bend, Guadalupe, Harris, Johnson, Kaufman, Liberty, Montgomery, Parker, Rockwall, Tarrant, and Waller counties; hospitals and ASCs in these counties will be reimbursed according to the "Metropolitan" standard amount set forth in the guidelines. All other counties are "Urban" and hospitals and ASCs therein will be reimbursed according to the "Urban" standard amount. The reimbursement guidelines are applicable only to acute care, specialty, and rehabilitation hospitals and ASCs. By using the "Metropolitan" or "Urban" standard amounts, the guidelines compute the amount of reimbursement for acute care hospital inpatient services using a diagnostic related group (DRG)-based prospective payment system (PPS). Additional reimbursement on a particular case can be allowed if a particular case exceeds the "outlier threshold." The guideline describes the calculation to use for determining the DRG reimbursement and outlier thresholds. Various procedures, relative weights, and geometric mean length of stay (MLOS) are listed in a DRG relative weight table, Section VII of the guideline, for 490 separately described services. The PPS also utilizes a specific area index that is set forth in Section IX of the guideline. The DRG relative weights set forth in Section VII are those as listed in the Federal Register/Vol 55, Number 171 Tuesday. September 4, 1990, as used by the Health Care Financing Administration, United States Department of Health and Human Services. Billing for implantables is detailed in Section II. With respect to rehabilitation and psychiatric hospital admissions, reimbursement calculations are based upon a workers' compensation standard oer diem amount (WCSPDA); a separate amount, broken down by "Urban" and "Metropolitan" classifications, is set forth for psychiatric hospitals, and for rehabilitation hospitals. The method of reimbursement, and example calculations, are included in Section III of the guideline. Outpatient surgical services, described in Section IV, are reimbursed using a PPS. Six categories, O-5, for coding surgical services are established, and listed on a chart, for specified surgical CPT-4 codes. The six categories are "excluded," "routine service," "limited service," "intermediate service," "extended service," and "comprehensive service." The Urban/Metropolitan regional difference, and the specific area index (SAI) listed in Section IX of the guideline is used to figure payment. Section VIII of the guideline lists the outpatient surgical CPT-4 codes, and assigns a category, which will use for reimbursement calculation; excluded codes are assigned category "0" and reimbursed accordingly. The method for calculating allowable charge is described as a step-by-step procedure. The chapter provides for additional payment of outpatient surgical procedures at licensed hospitals. Multiple surgical procedures reimbursement is paid on a descending scale: the major procedure (at 100%), the second procedure (at 50%), and subsequent procedures (at 25%). The charges contained within the facility payment amount are listed. Additional reimbursement is provided for surgical procedures requiring the use of general anesthesia. Reimbursement for other outpatient medical services (non-surgical) is detailed in Section VI of the guideline. In summary, such services, including noninstitutional professional services, emergency services, and pharmacy services must be reimbursed according to fee guidelines established by sec.134. 200 and sec.134.501 of this title (relating to the Medical Fee Guideline and Pharmaceutical Fee Guideline). Finally, appendices to the guideline describe steps to fill out required billing forms (TWCC Forms 66, 67, and 68). Copies of the guideline may be obtained from the Reprographics Department, Texas Workers' Compensation Commission, Southfield Building, 4000 South IH-35, Austin, Texas 78704. A copy of the guideline has been filed with the Texas Register along with this section. The commission has determined that the section should be adopted as an emergency section. The commission finds that a requirement of state law, set forth in Texas Civil Statutes, Article 8308-8.01(a), states that the commission shall establish by rule medical fee guidelines governing the provision and payment of medical services to injured workers that are designed to assure the quality of medical care and achieve effective medical cost control. Article 8308-8.21(a) and (b)(1) also require adoption of fee guidelines. The commission further finds that an imminent peril to public health, safety, or welfare if this section is not effective on June 30, 1991. The reasons for the commission's findings are as follows: the Texas Workers' Compensation Act (the Act), Articles 8308-8.01(a), and 8308-8.21(a), requires the commission to establish guidelines by rule relating to the fees charged or paid for medical services rendered to injured employees, to assure the quality of medical care and achieve effective cost control; pending development of such fee guidelines, the commission adopted, and extended, this section on an emergency basis which adopted by reference the ratio method of computing allowable fees that had been promulgated by the Industrial Accident Board. This emergency section expires effective June 30, 1991; fee guidelines that will supercede the ratio method of calculating fees and charges were proposed for public comment in the June 4, 1991, issue of the Texas Register; unless these guidelines (as amended) are adopted through this section, by emergency, there will be no uniform, specific cost containment guidelines in place regarding the fees charged by, or paid to, hospitals and ambulatory surgical centers for services rendered to injured workers covered by workers' compensation, as required by Articles 8308-801(a), and 8308-8.21, for the period of time beginning when the current emergency section expires until the proposed guideline is adopted; the absence of such guidelines will cause confusion to all parties, including insurance carriers, health care facilities, and injured workers, as to the fees that are allowable under the Act; such confusion will, in all probability, result in delays in prompt payment to health care facilities; there will be, in all probability, increased costs to the workers' system related to resolution of payment disputes, on a case-by-case basis, that will arise from issues relating to whether the fees charged are "fair and reasonable." The new section is adopted on an emergency basis under Texas Civil Statutes, Article 8308, sec.8.01(a), which requires the commission to establish by rule medical policies and fee guidelines governing the provision and payment of medical services that are designed to assure quality of medical care and achieve effective medical cost control; sec.8.21(a) and (b), which authorize the commission to adopt guidelines, by rule, relating to payment of fees charged for specific medical treatments or services; and sec.2.09(a), which authorize the commission to adopt rules necessary for the implementation and enforcement of the Texas Workers' Compensation Act, Article 8308, sec.1.01 et seq; and Article 6252-13a, sec.5(d), which authorize an agency to adopt a rule on fewer than 30 days' notice under the situations described in that statute. sec.134.400. Hospital and Ambulatory Surgical Center Fee Guidelines. (a) The hospital and ambulatory surgical fee guideline applies to all inpatient and outpatient services rendered under the Texas Workers' Compensation Act. (b) The commission will publish and adopt by reference herein a hospital and ambulatory surgical center fee guideline. The guideline is published as the "1991 Texas Workers' Compensation Commission Hospital and Ambulatory Surgical Center Fee Guideline" (June 1991 amended version), which is adopted herein by reference. Copies of the guideline may be obtained from the Reprographics Department of the Texas Workers' Compensation Commission, 4000 South IH-35, Southfield Building, Austin, Texas 78704. Issued in Austin, Texas, on June 24, 1991. TRD-9107483 Susan M. Kelley General Counsel Texas Workers' Compensation Commission Effective date: June 30, 1991 Expiration date: October 28, 1991 For further information, please call: (512) 440-3973 Proposed Sections Before an agency may permanently adopt a new or amended section, or repeal an existing section, a proposal detailing the action must be published in the Texas Register at least 30 days before any action may be taken. The 30-day time period gives interested persons an opportunity to review and make oral or written comments on the section. Also, in the case of substantive sections, a public hearing must be granted if requested by at least 25 persons, a governmental subdivision or agency, or an association having at least 25 members. Symbology in proposed amendments. New language added to an existing section is indicated by the use of bold text. [Brackets] indicate deletion of existing material within a section. TITLE 1. ADMINISTRATION Part I. Office of the Governor Chapter 3. Criminal Justice Division Subchapter A. Criminal Justice Administration of the Crime Victims Assistance Program 1 TAC sec.3.603 (Editor's Note: The Criminal Justice Division of the Office of the Governor proposes for permanent adoption the amended section it adopts on an emergency basis in this issue. The text of the amended section is in the Emergency Rules section of this issue.) The Criminal Justice Division (CJD) of the Office of the Governor proposes an amendment to sec.3.603, concerning the Criminal Justice Division's (CJD's) administration of the Crime Victims Assistance Program. The amendment was proposed on an emergency basis to ensure that the applicants for funds under the Victims of Crime Act of 1984 (VOCA) have complete and accurate information concerning applicability, compliance, and adoption by reference. Mr. Tom Vickers, director, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Mr. Vickers also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be the assurance that applicants will be fully informed concerning the administrative policies and procedures and the special requirements for funding under the Crime Victims Assistance Program. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted to Dorothy Browne, Deputy Director, Criminal Justice Divisions, Office of the Governor, P.O. Box 12428, Austin, Texas 78711, for a period of 30 days following publication in this issue of the Texas Register. The amendment is proposed under Texas Civil Statutes, Article 4413(32a), sec.6(a)(11), which provide the Criminal Justice Division of the Governor's Office with the authority to adopt rules, regulations, and procedures as may be necessary. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on June 14, 1991. TRD-9107382 David A. Talbot General Counsel Office of the Governor Earliest possible date of adoption: July 29, 1991 For further information, please call: (512) 463-1788 TITLE 13. CULTURAL RESOURCES Part I. Texas State Library and Archives Commission Chapter 1. Library Development Library Services and Construction Act Annual Program and Long Range Plan 13 TAC sec.1.21 The Texas State Library and Archives Commission proposes an amendment to sec.1.21, concerning the federal Library Services and Construction Act Long Range Plan and Annual Program. The documents describe the types of financial assistance and services that will be available to libraries and systems of libraries. The commission proposes to adopt a plan for fiscal years 1992-1995 and an annual program for fiscal year 1992 by reference. Edward Seidenberg, director, library development division, has determined that for the first five-year period the section is in effect there will be fiscal implications for state and local government as a result of enforcing or administering the section. Effect on state government for the first five-year period the section is in effect will be an estimated increase in revenue of $417, 545 for fiscal years 1991-1995. The effect on local government for the first five-year period the section is in effect will be an estimated increase in revenue of $6,880,499 for fiscal year (fy) 1991 and $6,845,286 for fiscal years 1992-1995. Mr. Seidenberg also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be enhanced library services through the addition of library materials to public library collections; continuing education for library staff; interlibrary loan services for public, academic, and special libraries; construction of new public libraries; and renovation of existing public libraries. There will be no effect on small businesses. There are no anticipated economic costs to persons who are required to comply with the proposed section. Comments on the proposal may be submitted to Edward Seidenberg, Library Development Division, Texas State Library, Box 12927, Austin, Texas 78711. The amendment is proposed under the Government Code, Chapter 441, sec.441.009 and under Public Law 101-254, the Library Services and Construction Act, which provides the Texas State Library and Archives Commission with the authority to adopt a state plan for improving library services in Texas. sec.1.21. Library Services and Construction Act Application for Federal Funding [Adoption by Reference].
          The Texas State Library and Archives Commission adopts by reference the Library Services and Construction Act Annual Program, 1992
            [1991], and Long Range Plan, 1992-1995 [1990-1993 (revised July 1990)]. Copies may be obtained from the Library Development Division of the Texas State Library, P.O. Box 12927, Austin, Texas 78711. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on June 20, 1991. TRD-9107411 Raymond Hitt Assistant State Librarian Texas State Library and Archives Commission Earliest possible date of adoption: July 29, 1991 For further information, please call: (512) 463-5440 13 TAC sec.1.23, sec.1.31 (Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas State Library and Archives Commission or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The Texas State Library and Archives Commission proposes the repeal of sec.1. 23 and sec.1.31, concerning guidelines for determining recipients of federal program Title II grants for public library construction and guidelines for major resource system grants. The guidelines and program have been incorporated into 13 TAC sec.1.21 (relating to Library Services and Construction Act Application for Federal Funding) which are proposed for adoption in this issue of the Texas Register . The Long Range Plan and Annual Program describe the types of financial assistance and services that will be provided to libraries and systems of libraries. Edward Seidenberg, director, library development division has determined that for the first five-year period the repeals are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the repeals. Mr. Seidenberg also has determined that for each year of the first five years the repeals are in effect the public benefit anticipated as a result of enforcing the repeals will be the removal of sections of Texas Administrative Code that are no longer needed. The guidelines for federal Title II public library construction grants have been incorporated into the federal Library Services and Construction Act Long Range Plan and Annual Program which are proposed for adoption by reference as 13 TAC sec.1.21 (relating to Library Services and Construction Act Application for Federal Funding) in this issue of the Texas Register. The Library Services and Construction Act Long Range Plan and Annual Program documents describe the types of assistance and services that will be provided to libraries and library systems. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the repeals as proposed. Comments on the proposal may be submitted to Edward Seidenberg, Library Development Division, Texas State Library, Box 12927, Austin, Texas 78711. The repeals are proposed under the Government Code, Chapter 441, sec.441.009, which provides the Texas State Library and Archives Commission with the authority to adopt a state plan for improving library services in Texas. sec.1.23. Adoption by Reference. sec.1.31. Adoption by Reference. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on June 20, 1991. TRD-9107410 Raymond Hitt Assistant State Librarian Texas State Library and Archives Commission Earliest possible date of adoption: July 29, 1991 For further information, please call: (512) 463-5440 Standards for Accreditation of a Major Resource System of Libraries in the Texas Library System 13 TAC sec.1.72 Texas State Library and Archives Commission proposes an amendment to sec.1.72, concerning fees charged by public libraries. The Government Code, sec.441.127(a), empowers the Texas State Library and Archives Commission to establish standards for the accreditation of public libraries as members in the Texas Library System. In this rule, the commission articulates the services for which a public library can or cannot collect a fee, fine, or other charge from a library user. This amendment also prohibits the provision of library services for a charge on the library premises by individuals or organizations other than the library; renting books or audiovisuals will no longer be permitted in the library by other organizations, such as Friends of the Library groups. Edward Seidenberg, director, library development division, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. This amendment does not increase or decrease the fiscal impact on local government, as compared to the existing rule. Mr. Seidenberg also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be that public library services and materials will be freely available to the residents of those communities that financially support that public library. Public libraries and local governments will be permitted to recover costs of services that are not considered true "library services;" this should encourage them to provide such ancillary but helpful services as on-site photocopying, typewriters, telefacsimiles, and parking. Individuals or organizations other than the library will be prohibited from providing library services for a charge on the library premises; this will prevent library users being confused or feeling they received inequitable treatment. This amendment will help express the intent of the rule and streamline its administration by better identifying "library services" and thus clarifying the variety of new services for which a library can charge, without the need for further amendments to the rule. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted to Edward Seidenberge, Library Development Division, Texas State Library, Box 12927, Austin, Texas 78711. The amendment is proposed under the Government Code, Chapter 441, sec.441.136, which provides the Texas State Library and Archives Commission with the authority to adopt rules for administering the Library Systems Act. sec.1.72. Public Library Service. (a) Library services shall be provided without charge or deposit to all persons residing in those political subdivisions which provide monetary support to the library. These library
              [Library] services include the dissemination of materials or
                [and/or] information by the library [staff] to the general public during the
                  [posted or otherwise published] hours of operations of all
                    library facilities
                      [outlets]. In this context, library services include the circulation of any type of materials, reference services (locating and interpreting information), and admissions to the facility or any programs sponsored or conducted by the library
                        [A public library shall provide library services without a use charge to all persons residing in the library's tax supporting political subdivision]. (b)
                          The following charges
                            [exceptions to this rule] are permitted at the discretion of the library's governing authority: reserving library materials; use of meeting rooms; replacement of lost borrower cards; fines for overdue, lost, or damaged materials in accordance with local library policies; postage; in-depth reference services on a contractual basis; photocopying; telefacsimile services;
                              library parking; service to non-residents; sale of publications; rental and deposits on equipment; and charges for the use of materials and machine-readable data bases not owned by the library, major resource center, or regional library system for which the vendor or supplier has charged a borrowing fee. (c) Fees may not be charged for library services on the library premises by individuals or organizations other than the library unless the charges are permitted by subsection (b) of this section. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on June 20, 1991. TRD-9107409 Raymond Hitt Assistant State Librarian Texas State Library and Archives Commission Earliest possible date of adoption: July 29, 1991 For further information, please call: (512) 463-5440 TITLE 16. ECONOMIC REGULATION Part II. Public Utility Commission of Texas Chapter 21. Practice and Procedure Docketing and Notice 16 TAC sec.21.28 The Public Utility Commission of Texas proposes new sec.21.28, concerning notice of unclaimed funds. The new section would provide that the state treasurer will be notified of proceedings, and other than fuel refund proceedings, in which there may be a specific amount of money to be refunded to ratepayers who may need go be located. Martin Wilson, deputy general counsel, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Mr. Wilson also has determined that for each year of the first five years the section is in effect the public benefits anticipated as a result of enforcing the section include specific notice of commission proceedings to the agency responsible for unclaimed funds. There will be no effect on small businesses as a result of enforcing the section. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Mr. Wilson has determined that for each year of the first five years the proposed section is in effect, there will be no impact on employment in the geographical areas affected by implementing the requirements of the section. Comments (11 copies) on the proposal may be submitted to Mary Ross McDonald, Secretary of the Commission, 7800 Shoal Creek Boulevard, Austin, Texas 78757, within 30 days after publication. Comments should refer to Project Number 10397. The new section is proposed under Texas Civil Statute, Article 1446c, sec.16(a) , which provide the Public Utility Commission of Texas with the authority to make and enforce the rules reasonably required in the exercise of its powers and jurisdiction. sec.21.28. Notice of Unclaimed Funds.
                                The state treasure will be notified and given the opportunity to intervene in proceedings in which there may be a specific amount of money to be refunded to ratepayers who may need to be located. This rule shall not apply in fuel refund proceedings. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on June 18, 1991. TRD-9107362 Mary Ross McDonald Secretary of the Commission Public Utility Commission of Texas Earliest possible date of adoption: July 29, 1991 For further information, please call: (512) 458-0100 Chapter 23. Substantive Rules Certification 16 TAC sec.23.31 The Public Utility Commission of Texas proposes an amendment to sec.23.31, concerning certification criteria. The proposed amendment would exclude certain specific routine transmission line activities from the requirement to obtain a certificate of convenience and necessity (CCN). Additionally, the proposed amendment would facilitate the experimentation with renewable resources by electric utilities. Finally, it would make a portion of the commission's substantive rules consistent with the criteria as set forth in the Public Utility Regulatory Policies Act, s292.204 45 FR 17972, March 20, 1980; as amended by Order 135, 45 FR 19231, March 30, 1981. Walter Muse, Jr., assistant general counsel, has determined that for the first-five year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Mr. Muse also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be increased efficiency in the processing of certificate of convenience and necessity applications, and reduced transaction costs related to the processing of these applications filed by electric utilities. Additionally, the proposed section will encourage the development of electric generation that utilizes renewable resources. There will be no effect on small businesses as a result of enforcing the section. There are no anticipated economic costs to persons who are required to comply with the proposed section. Mr. Muse has also determined that for each year of the first five years the section is in effect, there will be no impact on employment in the geographical area affected by implementing the requirements of the section. Comments on the proposal (13 copies) may be submitted to Mary Ross McDonald, Secretary of the Commission, Public Utility Commission of Texas, 7800 Shoal Creek Boulevard, Suite 232S, Austin, Texas 78757. Comments should be submitted within 30 days after publication of the proposed amendment. The amendment is proposed under Texas Civil Statutes, Article 1446c, sec.16(a), which provides the Public Utility Commission of Texas with the authority to make and enforce the rules reasonably required in the exercise of its powers and jurisdiction. sec.23.31. Certification Criteria. (a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1)-(3) (No change.) (4) Generating unit-Any electric generating facility. This subsection does not apply to any generating unit that is less than 10 megawatts and is built for experimental purposes only. (b) (No change.) (c) Certificates for new service areas and facilities. Except for certificates granted under subsection (b) of this section, the commission may grant applications and issue certificates only after finding that the certificate is necessary for the service, accommodation, convenience, or safety of the public. For an electric utility generating unit, the commission may grant an application only when it finds that purchased power, conservation, and alternative capacity and associated energy sources available at a lower or equal cost to the ratepayers, together with capacity from qualifying facilities with which contracts have been executed, cannot be reasonably expected to be available in sufficient quantity and for sufficient duration to allow the utility to modify its capacity expansion plan so as to provide for referral or cancellation of the generating unit for which certification is requested. The commission may issue the certificate as applied for, or refuse to issue it, or issue it for the construction of a portion, only of contemplated system or facility or extension thereof, or for the partial exercise only of the right or privilege. The commission may amend or revoke any certificate issued under this section upon a finding of fact that the public convenience and necessity requires such amendment or revocation. The cost of construction of a new electric generating unit found reasonable in granting a certificate may be taken into consideration in determining the amount of construction work in progress and the plant in service associated with that unit to be included in the rate base of the utility. In addition, the projected design electrical rating, capacity factor, and heat rate associated with the unit shall be taken into consideration in determining recoverable fuel expenses associated with the operation of the unit. (1) A certificate, or certificate amendment, is required for the following: (A)-(E) (No change.) (F) a qualifying facility which is making or plans to make retail sales of electricity to an end user, unless the end user is also the sole purchaser of the thermal output of the qualifying facility, or unless the qualifying facility generates less than 10 megawatts of electric power by renewable resources, biomass, or [solid] waste. As a requisite to certification, the commission shall find that the ratepayers of the utility in whose service area the purchasing end user is located will not be substantially adversely impacted as a result of such retail sales. (2) Any activity described in subparagraphs (D)-(H) of this paragraph must be reported to the commission not less than 30 days prior to the commencement of construction and the commission may require additional facts or call a public hearing theron. Reports shall include a general description of and explanation of the reason for the project, estimated costs, map(s) detailing the location, and copies of documents indicating landowner(s) consent, as necessary. A certificate is not required for the following: (A)-(C) (No change.) [(D) the upgrading of an existing electric transmission line or the construction of a new electric transmission circuit, except where the character or location of existing poles or towers would be changed or where new poles or towers would be implanted;] (D) the alteration of an existing transmission line to provide service to a new substation, where that substation is located within two spans of the existing transmission line and is located within the utility's certificated area, provided that any landowner(s) crossed by the transmission facilities constructed to connect the new substation to the existing transmission line has given consent; (E) the rebuilding, upgrading, or reconductoring of an existing transmission facility; or the installation of an additional circuit(s) on facilities that were originally designed and certificated for multiple-circuit capacity. For purposes of this section: "upgrading" to a higher voltage shall be limited to 138 KV or less. "Rebuilding" work shall be limited to the replacement and/or respacing of structures along the existing route of the transmission line; (F) the relocation of all or part of an existing transmission facility due to a request for relocation to be done at the expense of the requesting party and to be relocated solely on rights of way provided by the requesting party; (G) the relocation or alteration of all or part of an existing transmission facility to avoid or eliminate existing encroachments, provided that any new landowner(s) crossed by such relocation or alteration has given consent; (H) the relocation, alteration, or reconstruction of transmission facility due to the requirements of any federal, state, county, or municipal governmental body or agency for purposes of highway transportation, public safety, or air and water quality, provided that the new construction is in close proximity to the existing facilities and that any new landowner(s) crossed by the new facilities has given consent; (I)
                                  [(E)] the construction or upgrading of distribution facilities within the utility's service area; and (J)
                                    [(F)] new telephone central offices; however (K)
                                      [(G)] any extension, upgrading, or construction of facilities described in subparagraph (K)
                                        [F] of this paragraph in excess of $250,000 must be reported to the commission as prescribed in sec.23. 13(b) of this title (relating to Statistical Reports), and the commission may require additional facts or call a public hearing thereon; (M)
                                          [(H) ] use or provision of pay telephones registered under Title 47, Code of Federal Regulations, Part 68. (3)-(4) (No change.) (d)-(h) (No change.) This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on June 19, 1991. TRD-9107363 Mary Ross McDonald Secretary of the Commission Public Utility Commission of Texas Earliest possible date of adoption: July 29, 1991 For further information, please call: (512) 458-0100 Customer Service and Protection 16 TAC sec.23.48 The Public Utility Commission of Texas proposes an amendment to sec.23.48, concerning the continuity of service. The commission proposes to amend subsection (c) by requiring both telephone and electric utilities to notify the commission of interruptions of service. Telephone utilities would be required to notify the commission of interruptions of service lasting four or more hours and which affect: 50% of the toll circuits serving an exchange; or 50% of the extended area service circuits serving an exchange; or 50% of a central office; or 20% or more of an exchange's access lines. These guidelines are to be considered a minimum basis for reporting service interruptions. Telephone utilities will be required to use their discretion in reporting major outages lasting less than four hours. The notice must also state the cause of the interruption. Electric utilities must notify the commission of service interruptions affecting their entire system or any major division thereof lasting more than one hour. The notice must also state the cause(s) of such interruptions. The commission further proposes to add new subsection (e) to this section. This subsection would require both telephone and electric utilities to implement an emergency operations plan and to file a description of such plan with the commission by December 31, 1991, and every two years thereafter. For telephone utilities the emergency operation plan, at a minimum, must include a communications plan that describes the procedures for contacting the media, customers, and critical users at the onset of an emergency as well a list of priorities for restoration of service. For electric utilities the emergency operations plan must include a description of the registry of customers with special major life-sustaining equipment and the plan to identify and communicate with these customers; a communications plan that describes the procedures for contacting the media, customers, and critical loads before the onset of an electrical emergency; curtailment priorities and procedures for shedding load and rotating blackouts; priorities for restoration of service; a summary of power plant weatherization plans and procedures; and a summary of the utility's alternate fuel and storage capacity. Thomas S. Hunter, assistant general counsel, has determined that for the first-five year period the section is in effect there will be no fiscal implications for state or local governments as a result of enforcing or administering this section. Mr. Hunter also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be to insure that telephone and electric utilities are prepared to minimize the impact of service interruptions on the public in the event of an emergency and to allow the commission to monitor service interruptions. There will be no effect on small businesses as a result of enforcing the section. The economic cost to utilities required to comply with the proposed section is expected to be minimal. Mr. Hunter has further determined that for each of the first five years the section is in effect, there will be no impact on employment in the geographical areas affected by implementing the requirements of the section. Comments on the proposal (13 copies) may be submitted to Mary Ross McDonald, Secretary of the Commission, Public Utility Commission of Texas, 7800 Shoal Creek Boulevard, Austin, Texas 78757, within 30 days after publication. In addition to any other comments, the commission specifically invites comments on the impact, if any, the requirements of the Clean Air Act of 1990 (Public Law Number 101-549, 1990 United States Code Congressional and Administrative News (104 Statute) 2399) may have on this proposal. The amendment is proposed under Texas Civil Statutes, Article 1446c, sec.16(a) and sec.28(a) which provide the Public Utility Commission of Texas with the authority to make and enforce rules reasonably required in the exercise of its powers and jurisdiction and to require utilities to report to it such information which it considers useful in the administration of the Public Utility Regulatory Act. sec.23.48. Continuity of Service (a)-(b) (No change.) (c) Report to the commission. (1) Telephone utilities. These guidelines are a minimum basis for reporting service interruptions. Utilities should use judgment in reporting major outages lasting less than four hours. The notice shall also state the cause of the interruption. The commission shall be notified in writing of interruptions in service lasting four or more hours affecting: (A) 50% of the toll circuits serving an exchange; (B) 50% of the EAS circuits serving an exchange; (C) 50% of a central office; or (D) 20% or more of an exchange's access lines. (2) Electric utilities.
                                            The commission shall be notified in writing of interruptions in service affecting the entire system or any major division thereof lasting more than one
                                              [four] hour
                                                [hours]. The notice shall also state the causes
                                                  [cause] of such interruptions. (d) (No change.) (e) Emergency operations plan. By December 31, 1991, and every two years thereafter, each utility shall file with the commission a description of its emergency operations plan. A description of the plan shall also be made available at the utility's main office for inspection by the public. A complete copy of the plan shall be made available at the utility's main office for inspection by the commission. (1) Telephone utilities. Each telephone utility's emergency plan must include, but need not be limited to, the following: (A) a communications plan that describes the procedures for contacting the media, customers, and critical users (including, but not limited to, hospitals, police stations, fire stations, and critical city offices) at the onset of an emergency. The communications plan should also: (i) address how the utility's telephone system and complaint handling procedures will be augmented during an emergency; (ii) identify key personnel and equipment that will be required to implement the plan when an emergency occurs; (B) priorities for restoration of service. (2) Electric utilities. Each electric utility's emergency plan must include, but need not be limited to, the following: (A) a description of the registry of customers with special in-house major life-sustaining equipment and the plan to identify and communicate with these customers; (B) a communications plan that describes the procedures for contacting the media, customers, and critical loads (including, but not limited to, hospitals, police stations, fire stations, and critical water and wastewater facilities) before or at the onset of an electrical emergency. The communications plan should also address how the utility's telephone system and complaint handling procedures will be augmented during an emergency. Utilities shall make every reasonable effort to solicit help from cogenerators to mitigate emergencies before interrupting power to its customers; (C) curtailment priorities and procedures for shedding load and rotating black-outs; (D) priorities for restoration of service; (E) a summary of power plan weatherization plans and procedures; and (F) a summary of the utility's alternative fuel and storage capacity. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on June 20, 1991. TRD-9107364 Mary Ross McDonald Secretary of the Commission Public Utility Commission of Texas Earliest possible date of adoption: July 29, 1991 For further information, please call: (512) 458-0100 TITLE 34. PUBLIC FINANCE Part I. Comptroller of Public Accounts Chapter 3. Tax Administration Subchapter O. State Sales and Use Tax 34 TAC sec.3.322 The Comptroller of Public Accounts proposes an amendment to sec.3.322, concerning exempt organizations. The proposed amendment adds a new subsection (b) which provides information about entities that must prove they qualify for exempt status. The amendment also includes a reference to sec.3.299, which exempts books and magazines published and distributed by certain nonprofit organizations, and sec.3.298, which exempts amusement services provided by nonprofit organizations. A new paragraph is also being added to subsection (c) covering nonprofit corporations established by the Texas National Research Laboratory. The exemption for these corporations was provided by the last legislative session and has an effective date of September 1, 1991. Tom Plaut, chief revenue estimator, has determined that for the first five-year period the section is in effect there will be no significant revenue impact on the state or local government. This section is adopted under the Tax Code, Title 2, and does not require a statement of fiscal implications for small businesses. Dr. Plaut also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be in providing new information regarding tax responsibilities. There is no anticipated economic cost to persons who are required to comply with the proposed section. Comments on the proposal may be submitted to Lucy Glover, Manager, Tax Administration Division, P.O. Box 13528, Austin, Texas 78711. The amendment is proposed under the Tax Code, sec.111.002, which provides the comptroller with the authority to prescribe, adopt, and enforce rules relating to the administration and enforcement of the provisions of the Tax Code, Title 2. sec.3.322. Exempt Organizations. (a) (No change.) (b) Entities that must prove exempt status. Entities or organizations that may qualify for exempt status include: (1) a nonprofit charitable or eleemosynary organization that devotes all or substantially all of its activities to the alleviation of poverty, disease, pain, and suffering by providing foods, drugs, treatment, shelter, clothing, or counseling to needy persons with its funds derived, at least in part, from sources other than fees or charges for its services; (2) a nonprofit educational organization whose activities are devoted solely to systematic instruction and that has a regularly scheduled curriculum, faculty, and enrolled student body or students in attendance at a place where the educational activities are regularly conducted or that has activities consisting solely of presenting discussion groups, forums, panels, lectures, or other similar programs; (3) a nonprofit religious organization that is an organized group of persons regularly associating for the sole purpose of holding, conducting, and sponsoring religious services according to the rites of the organization. An organization that merely supports or encourages religion as an incidental purpose or an organization whose general purpose is furthering religious work or instilling its membership with a religious understanding may not qualify for exempt status unless all of its other purposes and activities qualify the organization for exempt status under other provisions of this section; (4) a youth athletic organization that is a nonprofit corporation or association engaged exclusively in providing athletic competition among persons under 19 years of age; (5) a nonprofit organization that qualifies for exemption from federal income tax under the Internal Revenue Code, sec.501(c)(3), (4), (8), (10), or (19); (A) Under a federal/state exchange agreement, the Internal Revenue Service notifies the comptroller when an organization no longer qualifies for federal exemption. Upon notification, an organization's exempt status will be immediately revoked, and all subsequent purchases by the organization will be subject to tax. (B) The organization must immediately notify its suppliers of the loss of exempt status. Failure to so notify a supplier is a violation of the sales tax law. (C) After revocation, the organization may re-apply for exempt status under other provisions of this section. (6) a nonprofit chamber of commerce representing at least one Texas city, county, or geographic locality. For the purpose of this section, a chamber of commerce is a perpetual organization devoted exclusively to promoting the general economic interest of all commercial enterprises in the city, county, or areas it represents. The term does not include chamber-like organizations such as trade associations or business leagues which serve a single line or closely related lines of business within a single industry; (7) a nonprofit convention and tourist promotional agency organized or sponsored by at least one Texas city or county; (8) an electric cooperative formed under the Electric Cooperative Corporation Act (Texas Civil Statutes, Article 1528b) and nonprofit electric cooperatives located outside the state; and (9) a telephone cooperative formed under the Telephone Cooperative Act (Texas Civil Statutes, Article 1528c) and nonprofit telephone cooperatives located outside the state. (c)
                                                    [(b)] Entities always exempt. The following entities and organizations are exempt under the law and are not required to request and prove exempt status: (1) the United States, its unincorporated agencies and instrumentalities; (A) The United States includes all parts of the executive, legislative, and judicial branches and all independent boards, commissions, and agencies of the United States government. (B) Instrumentalities and agencies of the United States include: (i)
                                                      various military entities under the supervision of a base commander; (ii)
                                                        organizations contracting with the United States whose contracts explicitly and unequivocably state that they are agents of the United States; (iii)
                                                          organizations wholly owned by the United States or wholly owned by an organization which is itself wholly owned by the United States; and (iv)
                                                            organizations specifically named as agents of the United States or exempted as instrumentalities of the United States by federal statutes. (C) Instrumentalities and agencies of the United States also include organizations having substantially all of the following characteristics: (i)
                                                              they are funded by the United States; (ii)
                                                                they carry out a specific program of the United States; (iii)
                                                                  they are managed or controlled by officers of the United States; (iv)
                                                                    their officers are appointed by the United States; (v)
                                                                      they perform commitments of the United States under an international treaty; and (vi)
                                                                        they are not organized for private profit. (2) any incorporated agency or instrumentality of the United States wholly owned by the United States or by a corporation wholly owned by the United States. "Wholly owned" means total or 100% ownership; (3) federal credit unions organized under 12 United States Code sec.1768; (4) the State of Texas, its unincorporated agencies and instrumentalities; (5) any county, city, special district, or other political subdivision of the State of Texas, and any college or university created or authorized by the State of Texas; (6) any company, department, or association organized for the purpose of answering fire alarms and extinguishing fires or for the purpose of answering fire alarms, extinguishing fires, and providing emergency medical services, the members of which receive nominal or no compensation for their services; (7) nonprofit corporations formed under the Development Corporation Act of 1979, the Health Facilities Development Act of 1981, the Texas Hospital Equipment Financing Act of 1983, or the Agricultural Development Act of 1983 when purchasing items for their exclusive use and benefit. The exemption does not apply to items purchased by the corporation to be lent, sold, leased, or rented. See sec.3.291 of this title (relating to Contractors) ; and
                                                                          [.] (8) nonprofit corporations established by the Texas National Research Laboratory Commission under the Government Code, sec.465.008(g). Taxable items purchased or leased from these corporations are also exempt from tax if the items are used in or for carrying out an eligible undertaking as defined by the Government Code, sec.465.021. [(c) Entities that must prove exempt status. Entities or organizations which may qualify for exempt status include: [(1) a charitable or eleemosynary organization which devotes all or substantially all of its activities to the alleviation of poverty, disease, pain, and suffering by providing foods, drugs, treatment, shelter, clothing, or counseling to needy persons with its funds derived, in at least part, from sources other than fees or charges for its services; [(2) an educational organization whose activities are devoted solely to systematic instruction and which has a regularly scheduled curriculum, faculty, and enrolled student body or students in attendance at a place where the educational activities are regularly conducted or which has activities consisting solely of presenting discussion groups, forums, panels, lectures, or other similar programs; [(3) a religious organization which is an organized group of persons regularly associating for the sole purpose of holding, conducting, and sponsoring religious services according to the rites of the organization. An organization which merely supports or encourages religion as an incidental purpose or an organization which has a general purpose of furthering religious work or instilling its membership with a religious understanding may not qualify for exempt status unless all of its other purposes and activities qualify the organization for exempt status under other provisions of this section; [(4) a youth athletic organization which is a nonprofit corporation or association engaged exclusively in providing athletic competition among persons under 19 years of age; [(5) an organization which qualifies for exemption from federal income tax under Internal Revenue Code, sec.501(c)(3), (c) (4), (c)(8), (c)(10), or (c)(19); [(A) Under a federal/state exchange agreement, the Internal Revenue Service notifies the comptroller when an organization no longer qualifies for federal exemption. Upon notification, an organization's exempt status will be immediately revoked, and all subsequent purchases by the organization will be subject to tax. [(B) The organization must immediately notify its suppliers of the loss of exempt status. Failure to so notify a supplier is a violation of the sales tax law. [(C) After revocation, the organization may re-apply for exempt status under other provisions of this section. [(6) a chamber of commerce or a convention and tourist promotional agency representing at least one Texas city or county if the chamber of commerce or the agency is not organized for profit; [(7) an electric cooperative formed under the Electric Cooperative Corporation Act (Texas Civil Statutes, Article 1528b) and nonprofit electric cooperatives located outside the state; [(8) a telephone cooperative formed under the Telephone Cooperative Act (Texas Civil Statutes, Article 1528c) and nonprofit telephone cooperatives located outside the state.] (d) Qualification requirements. To qualify for exempt status under subsection (b)
                                                                            [(c)] of this section, an organization must satisfy all of the following requirements. (1)-(4) (No change.) (e) (No change.) (f) Purchases by an exempt organization. (1) The purchase, lease, or rental of a taxable item which relates to the purpose of an exempt organization listed in subsection (b)[(c)](1), (2), (3), or (5) of this section is exempt from tax when the organization or an authorized agent of the organization pays for the item and provides the vendor an exemption certificate in the form prescribed by the comptroller. See sec.3.287 of this title (relating to Exemption Certificates). (2) The purchase, lease, or rental of a taxable item to an exempt organization listed in subsections (b)[(c)](4), (6), (7), or (8) (c)
                                                                              [(b)] of this section is exempt from tax when the organization or an authorized agent pays for the taxable item and provides the vendor an exemption certificate in lieu of tax. (3) A purchase voucher issued by any one of the entities identified in subsection (c)
                                                                                [(b)] of this section is sufficient proof of the entity's exempt status. (4)-(6) (No change.) (g) Sales by an exempt organization. (1) An exempt organization which sells taxable items must obtain a sales tax permit, and is responsible for collecting and remitting tax on all sales of taxable items made by the organization, unless such sales are otherwise exempt from the tax. See paragraph (4) of this subsection,
                                                                                  [and] sec.3.293 of this title (relating to Food; Food Products; Meals; Food Service) sec.3.299 of this title (relating to Newspapers, Magazines, Publishers, Exempt Writings), and sec.3.298 of this title (relating to Amusement Services). (2)-(4) (No change.) (i) Consular officers, administrative, and technical employees. (1) (No change.) (2) Procedure for retailers. (A) [Sales to persons entitled to this exemption must be reported as exempt sales by a retailer when filing reports with the comptroller.] The retailer should retain a copy of the sales invoice or contract signed by the consular official bearing the consular exemption certificate number appearing on the back of the card. (B) (No change.) (j) (No change.) This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on June 21, 1991. TRD-9107396 Martin Cherry Chief, General Law Section Comptroller of Public Accounts Earliest possible date of adoption: July 29, 1991 For further information, please call: (512) 463-4028 Withdrawn Sections An agency may withdraw proposed action or the remaining effectiveness of emergency action on a section by filing a notice of withdrawal with the Texas Register. The notice is effective immediately upon filling or 20 days after filing. If a proposal is not adopted or withdrawn six months after the date of publication in the Texas Register, it will automatically be withdrawn by the office of the Texas Register and a notice of the withdrawal will appear in the Texas Register . TITLE 16. ECONOMIC REGULATION Part II. Public Utility Commission of Texas Chapter 23. Substantive Rules Customer Service and Protection 16 TAC sec.23.48 Pursuant to Texas Civil Statutes, Article 6252-13, sec.5(b), and 1 TAC sec.91. 24(b), the proposed amended sec.23.48, submitted by the Public Utility ommission of Texas has been withdrawn, effective June 20, 1991. The amended sec.23.48 as proposed appeared in the December 21, 1990, issue of the Texas Register (15 TexReg 7410). Issued in Austin, Texas, on June 20, 1991 TRD-9107367 Mary Ross McDonald Public Utility Commission of Texas Effective Date June 20, 1991 For further information, please call: (512) 458-0100 Adopted Sections An agency may take final action on a section 30 days after a proposal has been published in the Texas Register. The section becomes effective 20 days after the agency files the correct document with the Texas Register, unless a later date is specified or unless a federal statute or regulation requires implementation of the action on shorter notice. If an agency adopts the section without any changes to the proposed text, only the preamble of the notice and statement of legal authority will be published. If an agency adopts the section with changes to the proposed text, the proposal will be republished with the changes. TITLE 1. ADMINISTRATION Part X. Department of Information Resources Chapter 201. Planning and Management of Information Resources Technologies 1 TAC sec.201.1, sec.201.5 The Department of Information Resources adopts amendments to sec.201.1 and sec.201.5, without changes to the proposed text as published in the March 29, 1991, issue of the Texas Register (16 TexReg 1863). Amendments to sec.201.1 and sec.201.5 were suggested by entities commenting on sec.201.9, concerning review of acquisition specifications for information resources under Article 4413(32j), sec.18. These amendments were determined to enhance the clarity of understanding and ease of implementation of sec.201.9. By amending sec.201.1, additional definitions will assist in implementing departmental procedures under sec.201.9. Amended sec.201.5 clarifies the statutory relationship between sec.201.5 and sec.201.9 as established by Article 4413(32j) in sec.17(i) and sec.18. No comments were received regarding adoption of the amendments. The amendments are adopted under Texas Civil Statutes, Article 4413(32j), which provide the Department of Information Resources with the authority to adopt rules as necessary to carry out its responsibility under this Article. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on June 20, 1991. TRD-9107395 Larry Zeplin Chief Deputy Director Department of Information Resources Effective date: July 12, 1991 Proposal publication date: March 29,1 991 For further information, please call: (512) 371-1120 TITLE 16. ECONOMIC REGULATIONS Part II. Public Utility Commission of Texas Chapter 23. Substantive Rules General Rules 16 TAC sec.23.3 The Public Utility Commission of Texas adopts an amendment to sec.23.3, concerning recreational vehicle parks, without changes to the proposed text as published in the January 18, 1991, issue of the Texas Register (16 TexReg 283). The amendment is intended to clarify that recreational vehicle parks that submeter electricity are not utilities if they do not make a profit on the electricity. The rule requires the use of a fixed per Kwh charge and reconciliation of any over or under collections on an annual basis. The rule requires the maintenance of certain records in order to verify that a profit is not being made. This rule was adopted on an emergency basis on January 10, 1991. No comments were received regarding adoption of the amendment. The sec.23.3 is adopted under the Public Utility Regulatory Act, sec.16(a) Texas Civil Statutes, Article 1446(c), which authorizes the Public Utility Commission of Texas to make and enforce rules reasonably required in the exercise of its powers and jurisdiction. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on June 18, 1991. TRD-9107280 Mary Ross McDonald Secretary Public Utility Commission of Texas Effective date: July 10, 1991 Proposal publication date: January 18, 1991 For further information, please call: (512) 458-0100 Rates 16 TAC sec.23.21 The Public Utility Commission of Texas (Commission) adopts an amendment to sec.23.21, concerning cost of service, with changes to the proposed text as published in the December 25, 1991, issue of the Texas Register (15 TexReg 7480). Subsection (b)(1)(F) allows utilities to include the cost of nuclear decommissioning trusts in their cost of service and prescribes certain requirements for such trusts. A companion rule, sec.23.59, prescribes certain rules for the management of such trusts. Section 23.21(b)(1)(G) and (c)(2)(F), as amended, allow utilities to include the cost of a self-insurance program in their cost of service and prescribe certain requirements for such self-insurance programs. Section 23.21(c)(2)(B), as amended, allows utilities to include a working cash allowance in their rate base and describes how the allowance will be calculated. Central Power and Light Company commented that the IRS determines the amount of the decommissioning contributions, and the rule should not refer to contributions. Instead, the rule should refer to the costs of decommissioning for ratemaking purposes. Houston Lighting and Power Company and Texas Utilities Electric Company provided similar comments. The commission agrees with the comments filed on the issue of the use of the term "contributions." The adopted rule does not refer to the contributions of the utility; it instead refers to the cost of decommissioning that is included in the cost of service. Central Power and Light Company, El Paso Electric Company, and Houston Lighting and Power Company commented that the rule should not require monthly deposits. These utilities suggested that the rule require that deposits be made quarterly, as a minimum. Gulf States Utilities commented that the funds should be deposited monthly into an interest bearing account and quarterly into irrevocable trusts. Many of the companies asserted that the funds would not constitute large amounts on a monthly basis, and the investments for the funds typically required larger amounts than those collected monthly. In addition, additional fees would be incurred, such as increased commission spreads for investing small block trades and increased transaction costs. Therefore, the fees to invest the funds would be higher if deposited on a monthly basis. The interest that would be lost on deposits which were made only quarterly would be substantial over time. Therefore, the utilities should not be able to keep the funds for any length of time. The issue that the utilities raised concerning the additional fees is also well taken. The commission has adopted a change to the proposed rule based on the comments of GSU. The adopted version requires the utilities to deposit the funds monthly in an interest bearing savings account in the trust. The trustee should not maintain the funds in such an account for long periods of time because sec.23.59 of the requires the utility to earn a reasonable return on the monies. Central Power and Light Company, El Paso Electric Company, Houston Lighting and Power Company, and Texas Utilities Electric Company commented that the rule should not require irrevocable trusts. The utilities commented that the term "irrevocable" would cause legal implications that would impair the removal of the funds at the time of decommissioning or the dissolution of the trust once decommissioning is complete. The commission disagrees with the comments filed on the issue of requiring irrevocable trusts. The commission believes that the funds should be placed in irrevocable trusts. Most of the trusts that currently exist are irrevocable. In addition, by requiring irrevocable trusts the utilities cannot use the funds for purposes other than decommissioning expenses. Central Power and Light Company commented that the rule should require that the rates be set based on the most recent information reasonably available. CPL believed that the term "up-to-date" was not defined in the rule, and would create controversy. The commission agrees with the comment filed on the issue and has adopted the language proposed by Central Power and Light Company. The commission believes the change will clarify the intent of the rule. Central Power and Light Company commented that the use of the term "yield" should be changed to "return." CPL reasoned that the term "yield" generally is used in reference to fixed-rate investments. Because the trust can invest in other areas than bonds, the term "return" would be more appropriate. The commission agrees with the comment filed on the issue and has adopted the language proposed by Central Power and Light Company. The commission believes the change will clarify the intent of the rule. Central Power and Light Company commented that the rule should require that the annual amount included in the rates will be expressly stated in the utility's cost of service. CPL based its comments on the Internal Revenue Code, sec.468A(b)(1). The commission agrees with the comment filed on the issue and has adopted language similar to that proposed by Central Power and Light Company. At least one utility has had difficulty in obtaining qualified status for its decommissioning fund due to a rate moderation plan. Because portions of the cost of service were being deferred into the future, the IRS found that all amounts for decommissioning were not being currently collected in rates. The language adopted by the commission alleviates the difficulties encountered by the utilities on this issue. Gulf States Utilities suggested that the decommissioning funding level be determined annually, and that the amounts would be collected through a decommissioning cost adjustment clause. This would allow the commission to review the fund annually, while not requiring the expense of a general rate case. One factor to consider in the requirement of a general rate case to alter the funding amounts is an IRS ruling that the funds must be collected through rates in order to be qualified. Although the GSU proposal has some appeal, the commission has not adopted this suggestion. If the commission decides that it is appropriate to review a utility's decommissioning expense outside of a rate case filed by the utility, the rule, as adopted, would not preclude it from doing so. Central Power and Light Company as well as other utilities orally commented that the utilities have had difficulty in obtaining qualified status for the fund due to regulatory lag. The IRS has ruled in the case of CPL that the percentage of collections that are attributed to the 12 month period following the in-service date are non-qualified. Due to regulatory lag most, if not all, of the utilities have a portion of their funds non-qualified due to the IRS ruling. The adopted rule attempts to alleviate the problem caused by the IRS ruling. The rule allows the utility to consider a portion of any interim or bonded rates as cost of service for the collection of the decommissioning fund. Because the interim or bonded rates could be in effect before 12 months have elapsed from the in-service date, the fund should be fully qualified. Central Power and Light Company commented that subsection (b)(1)(F)(ii) of the proposed rule should be deleted because it is duplicative of other subsections of the rule and the commission's general statutory powers. The first sentence required that the fund and the balance of the trusts be reviewed in major rate cases. CPL argued that the rule requires that the utility place an amount in its cost of service for decommissioning, and the only way to accomplish this is through a rate case. The second sentence of the subsection states that if a utility does not have a rate case within five years of its previous order, then the general counsel or office of public counsel can petition for such a review. CPL believes this sentence is duplicative of the subsequent subsection, which establishes that a decommissioning study must be performed at least every five years. After review of the study, the commission has the right to initiate a review under the Public Utility Regulatory Act (PURA) , sec.16(a). In addition, due to the small size of the annual amount for decommissioning, CPL does not believe that the item should be singled out for stricter scrutiny. Gulf States Utilities commented that this subsection appeared reasonable because it is consistent with Nuclear Regulatory Commission requirements. The commission disagrees with CPL's comments and does not adopt proposed changes. The rule clarifies the very issues that CPL has addressed. The commission believes that less litigation will occur with the rule as adopted. The adopted rule does not leave room for parties to argue various interpretations of what the commission might have meant in other areas of the rule concerning these issues. As to the comment on the small size of the amount of the funding to be collected annually, the commission also disagrees. The commission's policy is to ensure there will be funds available to safely and timely decommission the nuclear power plants that it regulates. Although the annual level of collection may be relatively small in comparison with other items, the inherent public interest in the assurance of the funding and the enormous magnitude of the total funded amount in future years warrants strict scrutiny of the funds. Texas Industrial Energy Consumers filed a comment which stated that in addition to the general counsel of the commission and office of public counsel, any affected person should have the right to petition the commission for review of the decommissioning plan and funding level. The change would allow commercial, industrial, and residential ratepayers to petition the commission. In addition, the rule should allow the commission to review the funding to possibly terminate the collection of funds or decrease the amounts collected through rates. The commission agrees in part with the comments of TIEC. Although the right of any affected person to petition the commission for review of a utility's rates is included in PURA, sec.42 the commission has added language to the adopted rule that specifically adds affected persons to the list of parties who might bring an action before the commission concerning the decommissioning fund. This change is adopted so that there will not be any question of who might bring an action. The Commission does not believe that the language concerning the ability of the parties to argue or the commission to either decrease the amount of funding or terminate the funding is necessary. Such actions are inherent in the rule and in the commission's authority. Central Power and Light Company and Gulf States Utilities commented that the commission should not require a new study every five years. Instead, the requirement should be altered to allow for either a new study or an update of the previous study. Because decommissioning technology might not have changed since the previous study, a completely new study is not necessary. El Paso Electric Company commented that the rule should not require the utility to perform the study, but instead should require that the utility ensure that a study be performed. The utilities typically hire an outside consultant to perform the decommissioning study, and the language in the proposed rule would preclude the utilities from using outside consultants to perform the study. The Commission agrees with the comments of CPL and GSU, and the adopted rule provides for either a new study or a redetermination of the old study. If the technology for decommissioning nuclear power plants has not changed since the last study, the utility should be allowed to merely redetermine the predicted costs based on the most recently available information. This would lessen the expenses on the utility and its ratepayers. In addition, in accordance with the comments of EPEC, the adopted rule clarifies that the utility can have a study performed by an outside consultant. It would not be reasonable to assume that the decommissioning study can be performed by the utility due to the study's technical and specialized issues. It is reasonable to assume that the utility will hire a competent consultant to perform the study or redetermination. After reviewing the comments and making changes to the rule, the commission believed that it was necessary to establish time periods for filing the past studies and any redeterminations. In addition, it became evident that a beginning point for the time period for the five-year requirement needed to be established. The adopted rule accomplishes these goals. With respect to the provisions of this section dealing with self insurance, Texas Utilities Electric Company, the Central and Southwest companies, and Gulf States Utilities commented that the terms "funds" and "funding" should be replaced with the word "accrual" because the reserve for insurance is not actually funded with cash as an external fund. The commission agrees that the language of the rule should be changed to reflect that the rule does not require a cash fund. The words "funds" and "funding" have been changed to "accruals." Gulf States Utilities commented that the definition of self insurance was overly broad and would cause unnecessary review of processes that have already been approved by the commission. Gulf States Utilities suggested that the rule should be limited to new or significantly changed practices. Southwestern Bell Telephone Company commented that the rule does not distinguish between reserve accounts and cash self insurance plans and suggested that it be limited to reserve account plans. Houston Lighting and Power Company commented that the rule is not clear as to whether it applied to deductibles on commercial insurance or just self insurance retentions and further suggested that the rule be limited to retentions. Southwestern Bell Telephone Company commented that the rule is not clear on whether all utilities which self insure must receive commission approval before any such self insurance plan is implemented. Southwestern Bell Telephone Company suggested that the rule be clarified that the utility has to file the self insurance plan only if it desires to have the cost of the plan in the utility's cost of service. Southwestern Bell Telephone Company contends that this will focus commission resources on those plans that will affect rates. The CSW companies commented that the amendment should be modified to clarify that utilities are not required to self insure, because the legislature did not intend to obligate utilities to self insure. The CSW companies also commented that the amendment should be modified to limit self insurance to the type of losses that the legislature envisioned a utility self insuring, i.e., "catastrophic property loss, including windstorm, fire, and explosion losses which could not have been reasonably anticipated and included under operating and maintenance expense." The commission agrees with the comments of HL&P and the CSW companies, and the language has been changed to limit the application of the rule to "retentions and reserves to self insure against liability and catastrophic property losses, arising from events that could not have been reasonably anticipated and included under operating and maintenance expense." Further, language has been added to clarify that the rule does not require utilities to self insure or get commission approval prior to implementing a self insurance plan. Commission approval of a plan is only necessary in order to include the cost of the plan in the utility's rates. Gulf States Utilities commented that the requirement that the cost benefit analysis supporting the self insurance plan be based on the work of an independent actuary caused concern and would lead to unnecessary cost. Gulf States Utilities suggested that the language be changed to "independent consultant." The CSW companies and Texas Utilities Electric Company also commented that the language should be changed to "a qualified independent insurance consultant" because an actuary may not be as qualified to testify to the pertinent considerations in setting up a self insurance plan as an insurance expert. Houston Lighting and Power Company commented that the utility should be allowed to perform in-house the cost benefit analysis, which would reduce the costs associated with the proposed rule. If the requirement for an independent review of the self insurance plan was retained, Houston Lighting and Power Company suggested that the word "actuary" be changed to "expert," because an actuary may be more expensive than others who are qualified to address the matter. The commission believes that these comments are valid, and finds that an actuary may not be the most appropriate person to support the study. Therefore, the words "independent actuary" have been changed to "qualified independent insurance consultant." The proposed rule requires a utility to present a cost-benefit analysis that includes an analysis of the appropriate level of self insurance. TU Electric and the CSW companies commented that the word "level" should be replaced with the word "limits." TU Electric asserts that the word "limits" better conveys that the cost benefit analysis should consider the types or kinds of losses and amounts of uninsured losses that should be charged against the reserve. The CSW companies suggest that the word "level" where it appears for a second time in the same sentence should also be changed to "limit" for the same reason. The commission agrees that the word "level" where it first appears in the last sentence of subsection (b)(1)(G) should be changed to "limits." However, the commission does not believe it is necessary to change the word "level" where it appears the second time. In that instance, the existing word better describes the commission's intent. Houston Lighting and Power commented that the rule should be modified to clearly state that the reasonable costs of an approved self insurance plan will be allowed in the utility's rates and that the costs of the independent review would be included in the company's cost of service. The commission agrees that the reasonable costs associated with an approved self insurance plan should be allowed in the utility's rates and that the cost of the independent review is a recoverable expense, but the commission does not believe the amendment needs to be modified to reflect these two matters. Houston Lighting and Power also suggested that the rule make it clear that the cost benefit analysis would take into consideration long term costs of insurance for the same risks. The commission agrees and the amendment has been modified to explicitly state that long term costs should be considered in the cost benefit analysis. Comments were received on the proposed rule on cash working capital from Texas-New Mexico Power Company, the Public Utility Commission Electric Division accountants, Contel of Texas, Texas Statewide Telephone Cooperative, Inc., GTE Southwest Inc., Texas Telephone Association, Lufkin-Conroe Telephone Exchange, Inc., Southwestern Bell Telephone Company, Centel, Gulf States Utilities, Houston Lighting and Power Company, Texas Utilities Electric Company, Southwestern Public Service Company, El Paso Electric Company, and Texas Industrial Energy Consumers. Central Power and Light Company, West Texas Utilities, and Southwestern Electric Power Company filed joint comments. Centel submitted a statement that the utility concurred with the comments filed by the Texas Telephone Association. A number of utilities opposed the rule because it requires the use of a lead-lag study performed on the cash basis to compute cash working capital for investor owned utilities and does not allow the use of other methods. The commenters suggested that the rule should allow a number of alternative methods of computing cash working capital. GTE Southwest commented that the rule was too rigid and did not provide enough flexibility to determine the most appropriate method of determining cash working capital in each case and as "other methods and ratemaking theories are developed." GTE also suggested that the commission should allow more extensive input than mere written comments in the formulation of this rule. Southwestern Bell commented that the commission should not adopt a hard and fast rule requiring a lead-lag study in all cases. Southwestern Bell asserted that although a lead-lag study may be more precise than other methods, the cost of a lead-lag study may outweigh the benefit of precision. Southwestern Public Service Company commented that the use of a lead-lag study puts an unnecessary burden on the utility and the commission's staff and recommended that the rule allow a working capital allowance of one-eighth of the utility's operations and maintenance expense. Southwestern Public Service also asserted that the rulemaking as a whole was unnecessary and costly. El Paso Electric Company agreed with the effort to standardize and clarify the commission's treatment of cash working capital, but opposed the requirement that a lead-lag study be performed because of the cost associated with such a study. El Paso Electric Company suggested that the commission adopt a rule similar to a proposed Federal Energy Regulatory Commission rule. The proposed FERC rule requires a lead-lag study only if a utility requests a net working cash allowance amount equivalent to more than 15 days, or less than a negative 15 days. Texas Telephone Association opposed the proposed rule because it removes the flexibility of the current rule, which according to the TTA allows a local exchange company to request an allowance of up to one-twelfth of its operating and maintenance expense and allows methods other than a lead-lag study to be used to determine cash working capital. TTA also asserted that there is no evidence that a lead-lag study is a superior method of determining the cash working capital of a local exchange company in Texas. Texas Telephone Association also opposed the rule because it does not recognize the disparity in size of the local exchange companies in Texas, and that it may be uneconomical for the smaller local exchange companies to bear the expense of a lead-lag study. According to TTA, requiring a lead-lag study may increase the rates of all the investor-owned local exchange companies because of the increased rate-case expense. As an alternative, TTA suggested that local exchange companies should be allowed to compute their cash working capital in the same manner as allowed by the Federal Communication Commission (FCC). According to TTA, the FCC gives a utility a choice of two or three methods, depending on the size of the company, and two of the methods do not involve lead-lag studies. Centel concurred with the comments filed by the Texas Telephone Association. Contel of Texas also recommended that the commission adopt the approach taken by the FCC. Contel urged that flexibility was needed in the methods for determining cash working capital, because a lead-lag study places a substantial burden on carriers, but usually results in only a small impact on the carrier's overall revenue requirement. Texas Statewide Telephone Cooperative commented that the proposed rule is based on the commission's rulings in cases involving large utilities. The commenter suggested that the smaller local exchange companies, those with less than 50,000 access lines, should not be required to perform a lead-lag study and should instead be allowed to request one-twelfth of total annual operation and maintenance expenses. The chief impetus for this rulemaking was to eliminate the constant relitigation of issues concerning the calculation of cash working capital. The proposed amendment, by standardizing the method by which working capital is calculated, will reduce flexibility, but it will also reduce the waste of both the commission's and the parties' resources in relitigating these issues. A lead-lag study is generally considered to be the most accurate method of calculating a utility's needs for cash working capital, and, although it does cost more than some other methods, in a rate proceeding involving a large utility, the cost of a lead-lag study is minor in comparison to the other rate case expenses. There are other benefits to prescribing rules for determining a utility's rates by means of a generic rulemaking, rather than through case-by-case decision making. Generic rules make the ratemaking process more predictable for all parties involved in the process. Generic rules also tend to reduce the advantage of greater resources that large utilities typically enjoy in a rate case. If every issue is potentially "up for grabs," then the utility usually can bring greater resources to bear on a wider range of issues. There is merit in not requiring a lead-lag study for small telephone companies. We believe that telephone utilities with fewer than 50,000 access lines should not be required to perform a lead-lag study. For the smaller telephone companies the costs of performing a lead-lag study may outweigh the benefits. Cash working capital is generally less than 3.0% of rate base, and the greater accuracy that the lead-lag study affords should not have a significant impact on the overall revenue requirement of small telephone utilities. Telephone utilities with less than 50,000 access should be allowed to request a reasonable amount of cash working capital up to one twelfth of operating and maintenance expense, and may prove their needs for cash working capital by some means other than a lead-lag study. We have changed the rule to reflect this conclusion. With regard to El Paso Electric Company's comments concerning the adoption of the proposed FERC rule, this proposed rule was withdrawn by FERC in October 1990. As is noted previously, a lead-lag study is an accurate method of calculating cash working capital. The expense should not be out of proportion to other rate case expenses for a utility as large as El Paso Electric. Texas Utilities Electric Company commented that the cap in subsection (c)(2) (B)(iii)(I) of one-eighth of operation and maintenance expenses should be eliminated, because it is inequitable to require a lead-lag study and then discard the results if the amount is greater than the cap. In the alternative, TU Electric suggested that the one-eighth rule should also act as a floor on negative amounts of cash working capital. The Central and Southwest utilities (CSW) and Houston Lighting and Power Company also objected to the one-eighth limit on cash working capital and suggested that if that limit is retained it should be applied to negative amounts as well. The one-eighth cap does not represent a change. Rather this provision is included in the current commission rules. The commission believes, based on a number of cases that have come before it, that a utility should be able to keep its cash working capital requirements within the cap if it is engaged in proper cash management. All negative amounts should be included to properly reflect that the utility is benefitting from cost free capital. Texas Statewide Telephone Cooperative, Inc. stated that a local exchange company should be allowed a greater cash working capital amount than one-twelfth, if the company can support it. The one-twelfth cap does not represent a change, but is a provision that is in the current commission rules. The commission believes, based on a number of cases that have come before it, that a telephone utility should be able to keep its cash working capital requirements within the cap if it is engaged in proper cash management. A lower cap is applied to telephone utilities than to electric utilities, because telephone utilities pre-bill for local service, resulting in a lower working capital requirement. El Paso Electric Company commented that if a lead-lag study is performed it should be restricted to cash items. Most of the other parties that commented recommended a method, the revenue requirements method, that includes non-cash items. The Public Utility Commission Electric Division accountants commented that in performing a lead-lag study, the revenue requirement method was preferable to the cash method. The commenter states that the revenue requirement method includes all components of a utility's cost of service while the cash method omits non-cash items such as depreciation, amortization, return, etc. The cash method does not include the leads associated with interest on long term debt and preferred stock. The revenue requirement method was viewed as superior because it "fully recognizes the lag between the provision of service and the collection of funds." This method is said to recognize the financing cost associated with this delay. The electric division accountants also commented that the revenue requirement method may not result in a higher amount from the cash method when a utility factors its accounts receivable, and that non-cash items are not always excluded in the calculation of cash working capital, e.g. the balance sheet approach. A number of utilities also commented in favor of the revenue requirement method. The CSW companies commented that they agreed with the electric division accountants that the revenue requirement method of doing a lead-lag study is appropriate. They maintained that if negative amounts are going to be recognized in cost of service, the more accurate method of determining the "actual flow of all funds through a utility" should be used and that method is the revenue requirement method. They also commented that either method should be allowed and that consistency of method should be required, that is, one company should not be allowed to switch back and forth. Lufkin-Conroe Telephone Exchange, Inc. commented that non-cash items should not be excluded from the calculation of cash working capital. Lufkin-Conroe noted that the D.C. Court of Appeals recently remanded for reconsideration to the FCC a case in which the FCC had excluded non-cash items. Lufkin-Conroe agreed with the comments of the Texas Telephone Association concerning the alternate methods available under FCC rules, but that if the commission adopts rules similar to the FCC rules, non-cash items should not be deleted. Southwestern Bell also commented that the provision that calls for the exclusion of non-cash items results in the investor not being fully compensated for the delay between the provision of service and the receipt of payment from customers. Houston Lighting and Power Company commented that the cash method of performing a lead-lag study was inappropriate because it failed to recognize all of the utility's cash requirements. Instead, HL&P asserted, the rule should require the use of the revenue requirement method. Texas Utilities Electric Company objected to the requirement in subsection (c) (2)(B)(iii)(IV)(-a-) that the lead-lag study be performed on a cash basis. TU Electric commented that the cash method fails to consider all of the utility's cash flows and the delay in the recovery of revenue associated with non-cash items. TU Electric argued that the revenue requirement method was the most appropriate to use. TU Electric argued that the non-cash items are non-cash only in the sense that they do not involve a cash outlay at the time they are expensed. Using fuel as an example, TU Electric maintained that many items that are considered cash items do not involve a cash outlay at the time they are expensed. For this reason it is inappropriate to exclude the non-cash items from the calculation. TU Electric also commented that several other states have examined the use of lead-lag studies and have allowed the inclusion of non-cash items, and this commission has in the past allowed the use of the balance sheet approach which implicitly recognizes non-cash items. TU Electric discussed the treatment of depreciation expense to illustrate how the exclusion of non-cash items is unfair to the utility. It was argued that the utility has to make an investment in plant, but is not able to recover depreciation expense as it is expensed because of the inherent delay in the recovery of revenues. TU Electric argued that the logistics of the recovery of depreciation expense is analogous to the recovery of fuel expense. TU Electric also cited the case of Illinois Bell Telephone Co. v. F.C.C., 911 F.2d 776 (D.C. Cir. 1990) for the proposition that it is improper to exclude non-cash items from the calculation of working capital. TU Electric noted that return is often excluded from the calculation as an expediency, on the ground that it is generally offset by the lead in the payment of interest expense and preferred dividends. TU Electric argues that it is not inappropriate to consider return, interest expense, and dividends on preferred stock, so the rule should not prohibit the consideration of these items. Texas Industrial Energy Consumers commented that subsection (c)(2)(B)(iii)(IV) (-a-) should be amended to require interest on long-term debt and dividends on preferred stock to be considered in the lead lag study, because these items are contractual obligations and as much a cash requirement as other operating expenses. The commission has considered the arguments in favor of the cash and revenue requirements methods in a number of cases that have come before it. In those cases, with one exception, the commission has been persuaded that the cash method is the more appropriate method to use in calculating cash working capital. The purpose of including cash working capital in a utility's rate base is to recognize a utility's needs for cash in meeting it's ongoing day-to-day operating expenses. Cash working capital helps compensate the utility for the revenue lag associated with paying for operating expenses before receiving revenues to cover those expenses. Lead-lag studies also take into account the benefit to a utility that results when it receives a good or service before it pays for it. There is a conceptual difference between the cash method and revenue requirement method. The cash method compensates the utility for cash cost of service items while the revenue requirement method encompasses all components of the revenue requirement, including depreciation, equity, and debt. The FCC has ruled in favor of using the cash method. This ruling has been remanded to the FCC for clarification, but we have no reason to believe that the FCC will change its position. Both methods have a theoretical justification, and, in view of the precedent at the commission and the FCC, the commission has decided to adhere to the cash method. With regard to the comments of TIEC, the commission believes that consistency is required. Under the cash method, both the revenue lags and the expense leads associated with non-cash items should be excluded. If the revenue requirement method were adopted, both leads and lags associated with non-cash items would be included. The CSW companies commented that in computing the payment date in a lead-lag study, the date of the issuance of a check should be used instead of the due date of the invoice or the check clearance date. They pointed out that not all invoices have due dates and that electronic transfers may make check clearance days obsolete. They maintain that the use of the check clear date penalizes them for the inefficient cash management practices of a utility's suppliers, because for the utility to truly have use of the funds during the time after the check is issued until it clears, the utility would have to predict float with absolute accuracy. Texas Telephone Association also commented that using the later of the check clear date or the invoice due date would discourage the use of a single check to pay several invoices. Southwestern Bell Telephone Company commented that the use of the later of the check clear date or the invoice due date was inappropriate because it would discourage utilities from taking advantage of early payment discounts. Gulf States Utilities also commented that the rule should permit a reasonable estimation of check clear date rather than requiring the verification of each check clear date. GSU also commented that the use of the invoice due date fails to recognize that there may be early payment discounts. Consequently, GSU believes that only an estimation of the check clear date should be used. Houston Lighting and Power Company objected to the use of the later of the check clear date or the invoice due date and instead recommended that the utility be allowed to use an unbiased random sample to estimate the average time between when a check is written and the check clears. TU Electric commented that the rule should be modified to allow the use of the controlled disbursement account approach rather than using the check clear date. TU Electric argues that the use of the controlled disbursement approach by the company accurately measures check float and benefits the company's customers, by reducing the amount of cash working capital that is needed. In the alternative, if the rule does not allow the use of controlled disbursement account approach, TU Electric suggested a number of changes to the language. TU Electric commented that the requirement to use the later of the check clear date or the invoice due date would prevent a utility from taking advantage of early payment discounts. The comment continued that it would be impossible to keep track of all of the invoices, noting that TU Electric pays approximately a half a million invoices each year. El Paso Electric Company also opposed the use of the invoice due date in that it would discourage the early payment of invoices for legitimate business reasons, such as discounts. The commission has adopted the use of the check clear date in all cases in which it was a litigated issue. The check clear date is merely the date that the funds related to a particular check are drawn from the issuer's bank account. It is synonymous with the date that funds are withdrawn via an electronic transfer. The rule includes the average daily bank balance of all non- interest bearing demand deposits and working cash funds in the working cash allowance calculation. This remedies CSW's concern over having use of funds until the check clear date. Any interest that the utility would forgo by transferring funds from an interest bearing account to a non-interest bearing account before the funds were required would be compensated for by allowing the utility to add these funds to cash working capital through average daily bank balances. Gulf States Utilities, Houston Lighting and Power and TU Electric expressed concerns about requiring the verification of each check clear date. Pointing out the difficulty of determining the check clear of each check, GSU and HL&P requested that a reasonable estimation of the average time elapsing between the date that a check is written and the check clear date be used. Revised wording has been included in the proposed rule which states: "Any reasonable sampling method that is shown to be unbiased may be used in performing the lead-lag study." This wording permits a utility to use sampling methods to estimate the average check clear date. Another concern expressed by utilities is that the use of the check clear date penalizes utilities who utilize an early discount date. The commission agrees that a utility should be allowed to use an early discount date to calculate cash working capital if it actually takes advantage of a discount. subclause (IV)(2) has been modified to address this concern. Southwestern Public Service Company commented that subsection (c)(2)(B)(iii) (IV)(-c-) should be modified so that funds are considered available when "collected" instead of the business day after funds are deposited. El Paso Electric Company also commented that the rule treated the receipt of checks inconsistently with the payments by check, in that funds are considered available the next business day after receipt of a check, but are not considered unavailable until a check paid out actually clears. The commission believes that the treatment provided in the rule is consistent with current banking practice. Checks that a utility deposits into an account are usually credited to that account by the next day and are only charged back to that account at a later date if there were insufficient funds in the payor's account to cover the payment. On the other hand, when the utility makes a payment, it's account is not debited until the check clears. The CSW companies stated that they supported the use of average cash balances. They also stated that similar cash requirements, such as petty cash funds and travel advances should be added to subsection (d). TU Electric recommended the deletion of the words "and working funds" because the inclusion of these words would prevent the recognition of petty cash amounts and travel advances. In response to these comments, the rule has been revised. The intention of the revised wording is to allow inclusion of these types of funds in the calculation of cash working capital. The revised wording also allows telephone utilities to include an average balance of cash and working funds. The Texas Telephone Association objected to the exclusion of cash and working funds from the calculation of cash working capital for telephone utilities, asserting that excluding these amounts distorts the amount of working capital that a company needs to meet its needs. Southwestern Bell commented that there was no "basis established" for the distinction made between telephone and electric utilities. The rule has been revised to allow telephone utilities to include an average balance of cash and working funds. With this change, telephone and electric utilities will be treated consistently. The CSW companies opposed the use of the actual payment date of the federal income tax expense. They noted that "prior period adjustments to federal income tax payments are fairly routine and could distort the lead days." They recommended the use of the statutory date and noted that if the taxes are not paid on the statutory date, the utility is required to pay interest. The result could be that the utility has to give the ratepayers credit for use of the funds and at the same time pay the taxing authority interest for the use of the same monies. Texas-New Mexico Power Company commented on subsection (c)(2)(B)IV)(e) and stated that the statutory federal income tax lead calculation of 59.35 days should be used. This period of lead is calculated by comparing statutory payment dates to the corresponding midpoint of the service period and assuming that payments are made on a ratable basis. In the alternative, TNP suggested using the midpoint of the service period (or quarter) for which the payment is being made. The result would be four quarterly and a final yearly midpoint that would be used for calculating lead days. Both El Paso Electric Company and Southwestern Bell commented that there was an inconsistency in the proposed rule in that federal income tax was excluded from operations and maintenance expense in the calculation of the cap on cash working capital, but federal income tax expense was included in the lead-lag study calculations. Houston Lighting and Power, Southwestern Bell, and TU Electric recommended that subsection (c)(2)(B)(iii)(IV)(-e-) be modified to provide the lead on the payment of federal income tax be calculated using the statutory due date instead of the actual date that the taxes are paid. This, it was argued, is simpler and will be more representative over time. They suggested that the period examined for the actual dates may be an aberration and not reflect what will most likely occur. El Paso Electric Company commented that the rule was unclear on how to treat quarterly estimated payments, definition of service period, and subsequently determined overpayments. Most of the utilities' comments centered around methods that are referred to as the "actual payment date" versus the "statutory date." The primary difference between these two methods relates not to dates but to amounts of the estimated tax payments made to the federal government. The statutory date methodology assumes that essentially ratable payments are made quarterly, with a true-up payment after the end of the year. The actual payment date methodology reflects the actual amounts of estimated taxes that are paid. In those dockets in which this has been a litigated issue the commission has adopted the actual payment date methodology. TNP suggests that if the commission does not adopt the statutory date methodology then it should adopt a methodology that results in four quarterly midpoints and a final yearly midpoint. Inherent in the statutory date methodology is the use of an annual midpoint. It is inconsistent to deviate from the use of the annual midpoint just because the statutory date methodology has not been adopted by the commission. Questions as to the appropriate service period were raised by several utilities. The revised wording requires the use of an annual service period. Use of an annual service period is consistent with the position that has been generally adopted by the commission in previous cases. This provision is also consistent with the nature of the obligation to pay taxes, which is related to a one-year period. The CSW companies argued that if the utility pays the tax late they must pay the IRS interest and then the commission also penalizes it by using the check clear date in calculating the lead. The commission believes that utilities, through good cash management, should be able to avoid paying their taxes late and incurring a penalty. If they do pay late, the fact that they have the use of the money should be reflected in the calculation of cash working capital. El Paso Electric Company and Gulf States Utilities commented that if a lead-lag study resulted in a negative amount for cash working capital, then the balance considered for ratemaking purposes should be 0. To do otherwise, it was commented, penalizes the utility for good cash management. El Paso Electric Company noted that the commission in the GTE Southwest Inc. rate case stated that ratepayers do not acquire any interest in the property of the utility. El Paso Electric Company also pointed out that it is illogical to include a negative amount in it's rate base, when it is under a rate moderation plan that keeps it from collecting 100% of it's rates in cash. According to El Paso Electric, one of the consequences of it's rate-moderation plan is that it must use a short term credit facility to ensure liquidity. Southwestern Public Service Company also objected to the provision calling for the inclusion of negative cash working capital and stated that it would be appropriate only if customers were prepaying their bills. Gulf States Utilities, TU Electric, Houston Lighting and Power, and the CSW companies recommended that if the one-eighth limit remains as a ceiling on the amount of cash working capital that may be included in rate base, the rule should be modified to add a one-eighth limit to the amount that may be deducted from rate base. The inclusion of a negative amount of working cash allowance in a utility's rate base has been litigated in numerous cases. The commission has consistently ruled that it is appropriate to do so. Inclusion of a negative amount in rate base merely recognizes the fact that a utility has use of cost-free funds. It is not a penalty for efficient cash management, just as the inclusion of a positive amount in rate base is not a reward for inefficient cash management. The one-eighth cap reflects the commission's view that, under adequate cash management, a utility's cash working capital should not exceed one-eighth of its operative and maintenance expenses. Under PURA, sec.39(b), a utility could request that efficient cash management policies be taken into consideration in establishing a reasonable return on invested capital. It is the commission's view that evidence should be presented on this issue, and that the fact that a utility's cash working capital is 0 is only inferentially probative on this issue. In addition to the changes made to the rule in accordance with comments filed by interested parties, the commission has made minor changes to the rule, for the sake of greater clarity. These changes are not intended to change the substance of the rule. The amendment is adopted under Texas Civil Statutes, Article 1446c, sec.16(a), which authorize the Public Utility Commission of Texas to make and enforce rules that are reasonably required in the exercise of its powers and jurisdiction. sec.23.21. Cost of Service. (a) (No change.) (b) Allowable expenses. Only those expenses which are reasonable and necessary to provide service to the public shall be included in allowable expenses. In computing a utility's allowable expenses, only the utility's historical test year expenses as adjusted for known and measurable changes will be considered, except as provided for in any section of these rules dealing with fuel expenses. (1) Components of allowable expenses. Allowable expenses, to the extent they are reasonable and necessary, and subject to the rules in this section, may include, but are not limited to, the following general categories: (A)-(E) (No change.) (F) nuclear decommissioning expense. The following restrictions shall apply to the inclusion of nuclear decommissioning costs that are placed in a utility's cost of service. (i) An electric utility owning or leasing an interest in a nuclear-fueled generating unit shall include its cost of nuclear decommissioning in its cost of service. Funds collected from ratepayers for decommissioning shall be deposited monthly in irrevocable trusts external to the utility, in accordance with sec.23.59 of this title (relating to Nuclear Decommissioning Trusts). All funds held in short-term investments must bear interest. The level of the annual cost of decommissioning for ratemaking purposes will be determined in each rate case based on the most current information reasonably available regarding the cost of decommissioning, the balance of funds in the decommissioning trust, anticipated escalation rates, the anticipated return on the funds in the decommissioning trust, and other relevant factors. The annual amount for the cost of decommissioning determined pursuant to the preceding sentence shall be expressly included in the cost of service established by the commission's order. (ii) In the event that an electric utility implements an interim rate increase, including an increase filed under bond, any incremental change in decommissioning funding shall be included in the increase. (iii) A utility's decommissioning fund and trust balances will be reviewed in general rate cases. In the event that a utility does not have a rate case within a five-year period, the Commission, on its own motion or on the motion of the commission's general counsel, the office of public utility counsel, or any affected person, may initiate a proceeding to review the utility's decommissioning cost study and plan, and the balance of the trust. (iv) An electric utility shall perform, or cause to be performed, a study of the decommissioning costs of each nuclear generating unit that it owns or in which it leases an interest. A study or a redetermination of the previous study shall be performed at least every five years. The study or redetermination should consider the most current information reasonably available on the cost of decommissioning. A copy of the study or redetermination shall be filed with the commission and copies provided to the commission's general counsel and the office of public utility counsel. A utility's most recent decommissioning study or redeterminations shall be filed with the commission within 30 days of the effective date of this subsection. The five-year requirement for a new study or redetermination shall begin from the date of the last study or redetermination. (G) Accruals credited to reserve accounts for self insurance under a plan requested by a utility and approvedby the commission. The commission shall consider approval of a self insurance plan in a rate case in which expenses or rate base treatment are requested for a such a plan. For the purposes of this rule, a self insurance plan is a plan providing for accruals to be credited to reserve accounts. The reserve accounts are to be charged with property and liability losses which occur, and which could not have been reasonably anticipated and included in operating and maintenance expenses, and are not paid or reimbursed by commercial insurance. The commission will approve a self insurance plan to the extent it finds it to be in the public interest. In order to establish that the plan is in the public interest, the utility must present a cost benefit analysis performed by a qualified independent insurance consultant that demonstrates that, with consideration of all costs, self insurance is a lower cost alternative than commercial insurance and that the rate payers will receive the benefits of the self insurance plan. The cost benefit analysis shall present a detailed analysis of the appropriate limits of self insurance, an analysis of the appropriate annual accruals to build a reserve account for self insurance, and the level at which further accruals should be decreased or terminated. (2) (No change.) (c) Return on invested capital. The return on invested capital is the rate of return times invested capital. (1) (No change.) (2) Invested capital; rate base. The rate of return is applied to the rate base. The rate base, sometimes referred to as invested capital, includes as a major component the original cost of plant, property, and equipment, less accumulated depreciation, used and useful in rendering service to the public. Components to be included in determining the overall rate base are as follows: (A) (No change.) (B) working capital allowance to be composed of, but not limited to, the following: (i)-(ii) (No change.) (iii) a reasonable allowance for cash working capital. The following provisions shall apply in determining the amount to be included in invested capital for cash working capital. (I) Cash working capital for electric and telephone interexchange utilities shall in no event be greater than one-eighth of total annual operations and maintenance expense, excluding amounts charged to operations and maintenance expense for materials, supplies, fuel, and prepayments. (II) Cash working capital for all other telephone utilities shall in no event be greater than one-twelfth of total annual operations and maintenance expense, excluding amounts charged to operations and maintenance expense for materials, supplies, and prepayments. (III) Operations and maintenance expense does not include depreciation, other taxes, or federal income taxes, for purposes of computing the limit on cash working capital, as prescribed in subclauses (II) and (III) of this clause. (IV) For all investor-owned electric utilities, all telephone interexchange utilities, and all telephone local exchange carriers with 50,000 or more access lines, a reasonable allowance for cash working capital will be determined by the use of a lead-lag study. For all other telephone utilities, refer to subclause (V) of this clause. A lead-lag study will be performed in accordance with the following criteria. (-a-) The lead-lag study will use the cash method; all non-cash items, including, but not limited to, depreciation, amortization, deferred taxes, prepaid items, and return (including interest on long-term debt and dividends on preferred stock), will not be considered. (-b-) Any reasonable sampling method that is shown to be unbiased may be used in performing the lead-lag study. (-c-) The check clear date, or the invoice due date, whichever is later, will be used in calculating the lead-lag days used in the study. In those cases where multiple due dates and payment terms are offered by vendors, the invoice due date is the date corresponding to the terms accepted by the utility. (-d-) All funds received by the utility shall be considered available for use the business day following the receipt of the funds. (-e-) For electric and telephone utilities the balance of cash and working funds included in the working cash allowance calculation shall consist of the average daily bank balance of all non-interest bearing demand deposits and working cash funds. (-f-) The lead on federal income tax expense shall be calculated by measurement of the interval between the mid-point of the annual service period and the actual payment date of the utility. (-g-) If the cash working capital calculation results in a negative amount, the negative amount shall be included in rate base. (V) For all telephone local exchange carriers with fewer than 50,000 access lines, cash working capital shall be calculated by any method that the commission determines to be reasonable, subject to subclause (III) of this clause. (C)-(E) (No change.) (F) Self insurance reserve accounts. If a self insurance plan is approved by the commission, any shortages to the reserve account will be an increase to the rate base and any surpluses will be a decrease to the rate base. The utility shall maintain appropriate books and records to permit the commission to properly review all charges to the reserve account and determine whether the charges being booked to the reserve account are reasonable and correct. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on June 18, 1991. TRD-9107278 Mary Ross McDonald Secretary Public Utility Commission Effective date: July 10, 1991 Proposal publication date: December 25, 1990 For further information, please call: (512) 458-0100 Customer Service and Protection 16 TAC sec.23.59 The Public Utility Commission of Texas adopts new sec.23.59, concerning the investments of nuclear decommissioning funds, with changes to the proposed text as published in the December 25, 1991, issue of the Texas Register (15 TexReg 7483). Section 23.59 establishes requirements for the management of trusts created by utilities that own interests in nuclear generating plants, for the purpose of funding the cost of decommissioning the plants. The utilities that filed comments were strongly opposed to the requirement that the utility assure the funds are secure and earn a reasonable return. Central Power and Light Company commented that subsection (a)(1) should be deleted. Because the Nuclear Regulatory Commission (NRC) requires that the utility pay for the decommissioning of nuclear plants, the utility should not be mandated by rule of this commission to "assure" that the funds are secure and earning a reasonable return. Also, CPL believes that the balancing of security and return cannot be mandated due to changes over time. It also believes that such a rule could lead to hindsight, second guessing by the Commission. El Paso Electric Company also commented that the utility should not be required to "assure" that the funds are secure and earning a reasonable return. EPEC reasons that it is already under contractual obligations with the other owners of the Palo Verde nuclear plant to provide the decommissioning funds, and can certify to the commission that it handles its funds cautiously. In addition, EPEC does not believe that it can assure the funds. Gulf States also commented that the utility should not be required to "assure" that the funds are secure and earning a reasonable return because the standard is too rigorous. GSU believes that the utility should be held to a standard of "all reasonable efforts." GSU states that it is aware of its responsibilities as to the fund and intends to use all reasonable efforts in selecting competent trustees and investment managers. Houston Lighting and Power Company also objected to the requirement that a utility "assure" that the funds are secure and earning a reasonable return. HL&P believes that the utility should be required to make reasonable efforts to provide reasonable assurance. HL&P does not believe that the utility should become the guarantor of the funds. Texas Utilities also commented that the utility should not be required to "assure" that the funds are secure and earning a reasonable return. The utility should be held to the prudent man standard, because trust law uses the prudent man standard as the appropriate standard for trustees. The commission disagrees with the comments of the utilities on this matter. The ratepayers are providing the funds for the decommissioning of the nuclear units that service Texas. The level of the required amounts to decommission the nuclear plants are large. It is the utility's duty to oversee the investment of the funds by the investment manager and the trustee. The ratepayers should not be held accountable for any future shortfalls of the funding due to the poor management of the funds. It should be the shareholders, the investment managers, and the trustee that should be accountable for any shortfall due to poor investments. This is not to say that perfect hindsight will be the standard for judging a utility's performance. The commission must review the investments from the perspective of the knowledge that the utility had at the time of the investment. Yet, equity requires that the utilities be held to a strict standard of scrutiny as to these funds and the investments. Neither the prudent man standard nor the reasonable man standard provides an adequate level of safety for the ratepayers. Central Power and Light Company, El Paso Electric Company, Houston Lighting and Power Company, and Texas Utilities Electric Company commented that the rule should not require irrevocable trusts. The utilities commented that the term "irrevocable" would cause legal implications that would impair the removal of the funds at the time of decommissioning or the dissolution of the trust once decommissioning is complete. The office of public counsel commented that the rule should mirror 16 TAC sec.23.21, in that the funds are to be deposited monthly. The commission disagrees with the comments filed on the issue of irrevocable trusts. The commission believes that the funds should be placed in irrevocable trusts. Most of the trusts that currently exist are irrevocable. In addition, by requiring irrevocable trusts the utilities cannot use the funds for purposes other than decommissioning expenses. The commission disagrees with the comment made by the office of public council. The purpose of sec.23.21 is to address matters concerning the funding of the decommissioning funds. This section provides restrictions on the trusts for decommissioning. The requirement for monthly deposits is therefore appropriately in the section concerning the funding. Central Power and Light Company commented that the Texas Trust Code should not control; the trust should be administered in accordance with the laws of Texas, unless preempted by federal law. The trustee should be chosen based on its qualifications, instead of its geographical location. In addition, a corporate trustee should not be required. Instead, an institutional trustee should be required. El Paso Electric Company stated that the Texas Trust Code should not control. The company has executed a trust agreement and security agreement in connection with its sale and leaseback of Palo Verde Units 2 and 3. These agreements are governed by the laws of New York and cannot be altered without the consent of the participants. The company has also assigned its rights as beneficiary to the participants, and the company does not believe that the participants would allow the Texas Trust Code to control. In addition, the participants demanded that the company reappoint a trustee in a different state. Gulf States also commented that the Texas Trust Code should not be controlling. GSU's rates are determined by three jurisdictions, and each jurisdiction should not dictate that its laws should control. The law of the state where the trustee is headquartered should control. Houston Lighting and Power Company commented that the rule should not require that a trustee be qualified to act within Texas. HL&P also believed that this restriction would eliminate many qualified institutional trustees in states other than Texas. Texas Utilities Electric Company commented that the rule should not require a corporate trustee, and the Texas Trust Code should not be controlling. Texas Utilities' concerns are very similar to those expressed by the other utilities. Office of public counsel commented that the Texas Trust Code should control. The commission disagrees with the comments filed by the utilities on the issue of requiring that the Texas Trust Code control; yet, the commission does agree that the trustee should be an institutional trustee, rather than a corporate trustee. The commission has altered the adopted rule so that an institutional trustee is required. The commission's intent in such a requirement is that an individual will not be appointed as the trustee. In the event that the trustee mishandles the fund, the utility or its ratepayers should be able to require the trustee to be held liable for the lost funds. The result is achieved by requiring an institutional trustee. The Texas Trust Code requires that a corporate trustee have the powers to act as trustee within Texas. As explained by all of the utilities, this eliminates many qualified entities. In fact, three of the utilities with decommissioning funds use Mellon Bank, which is a Pennsylvania entity. The commission does not desire to exclude a highly qualified category of potential trustees; therefore, the trustee need not be qualified to act as a trustee in Texas in order to be appointed. The purpose of requiring that the Texas Trust Code control the administration and management of the decommissioning trust was to allow the laws of this state to control the funds supplied by its citizens. The citizens who are providing the funds would be assured that any lawsuits involving the trust would be decided based on Texas law. In addition, the commission is not in a position to be knowledgeable about the trust laws of various states or any changes in the laws. The commission does have the ability to become familiar with the Texas Trust Code and any amendments to the Code. GSU provided compelling reasons for the commission to alter the rule so that the Texas Trust Code does not control the administration of the trust. Yet, GSU's statements as to the possibility of other jurisdictions requiring their laws to control are speculative at the current time. If at a future date this issue does become a problem, then at that time the commission can consider an amendment to the rule. In addition, one utility states that it has an agreement that is inconsistent with the rule and requires the laws of another state to apply. The commission can address this issue separately, instead of changing the rule due to an exceptional situation. Each utility commented that the functions of the trustee and the investment manager are separate and distinct. The two areas should be segregated into different sections. There are several recommendations on the manner in which to structure the proposed rule with separate divisions for the trustee and the investment manager. These comments are detailed, but do not differ greatly. The commission agrees with the comments filed on the issue of segregating the functions of the trustee and the investment manager. This change required a modification in the description of the utility's obligations, so that they are also delineated by trustee and investment manager. The change also required the creation of a new subsection that was dedicated to the functions of the investment manager. Houston Lighting and Power Company commented that the utility should have the express power to either retain or replace the trustee. HL&P reasoned that because it had continuing duties as to the trustee's qualifications it should retain the right to remove the trustee. The commission agrees with HL&P's comments and has amended the adopted rule to incorporate the change. The utility should have the right to remove the trustee for the reasons stated by HL&P. Texas Utilities commented that the utility should not have continuing obligations as to the qualifications of the trustee. The commission does not agree with the comment filed by TU. The utility should be required to continually monitor the trustee as to its performance with the trust funds as well as other trusts. Trustees that are qualified today very possibly will not be qualified to administer the trusts 30 or 40 years from today. If a trustee is no longer qualified, it should be removed and replaced. The utility is in the sole position to be able to monitor the trustee over time; neither the commission or the ratepayers have this ability. Houston Lighting and Power Company commented that the fee schedules of the trustee should be compared to those trustees performing similar functions, instead of all trustees. The commission agrees with the comment filed by HL&P and has adopted similar language in the rule. The utilities should not be required to compare their trustee's fees to fees of trustees performing other functions; therefore, the utility's obligations are restricted to comparing the fees to trustee's performing similar functions. Houston Lighting and Power Company commented that the utility should not be required to investigate information of past performance of the trustee. In the event the commission disagrees, the utility should be required to investigate only readily available public information. El Paso Electric Company agreed with the obligation of the utility to investigate past performance and administration of a trustee. EPEC believes that the utility's responsibility should be limited to information of which the utility has knowledge. Gulf States Utilities also stated that a utility may not have information on problems of a trustee with other funds. The commission believes the rule should require the utility to investigate the past administration of trusts by the trustee. Such a review is important to determine the qualifications and suitability of the trustee. This requirement is to protect the ratepayers, who do not have the ability to chose the trustee. Houston Lighting and Power Company commented that subsection (b)(1) should be altered to correspond to the Texas Trust Code. HL&P stated that trust law requires that if the Texas Trust Code and the trust agreement are in conflict, then the terms of the trust controls. The commission does not agree with the suggestions of HL&P, as to this issue. This change would have the effect of lessening the restrictions on the trustee from the published rule. The commission believes that the rule is necessary to protect the funds paid by the ratepayers for the purposes of decommissioning nuclear plants. Central Power and Light Company and Texas Utilities Electric Company commented that the trustee should be able to make time or demand deposits with itself in the event that the trustee is a United States bank. CPL believes that the monthly amounts would not be large enough to justify deposits in permanent investments. CPL also pointed out that the IRS Code allows for such deposits for qualified funds. Houston Lighting and Power Company orally commented that the trustee should be allowed to invest funds on a short-term basis in its own money market accounts and mutual funds that contain a portion of the trustee's securities. The commission agrees with the comments and has revised the adopted rule in accordance with the comment. The trustee should be allowed to make deposits in its own accounts on a short-term basis for the ease of managing the funds. Texas Utilities Electric Company commented that there should not be a requirement that the interest earned on the corpus of the trust be treated as part of the corpus. TU argued that the distinction was unnecessary and without purpose. TU stated that neither the IRS, NRC, nor applicable trust law require such a provision. The commission does not agree with the comments of TU. It is the very fact that no other provisions of law require the same treatment for the corpus and the interest earned on the corpus that the language has been added to the rule. Under trust law, the same duties are not owed to the interest income as are owed to the principal. The decommissioning funding mechanism that the commission has established in all past dockets requires smaller amounts from the ratepayers due to the amount of interest that will be earned on the funds in the next 40 years. The interest is an extremely important item in the funding for the total decommissioning expense. For this reason, the same duties should be owed this element of the fund. El Paso Electric Company and Houston Lighting and Power Company commented that the rule should also require that the utility file the investment manager agreement in the same manner as the trust agreement. Houston Lighting and Power Company also suggested that any amendments to the trust agreements or the investment manager agreements be filed. The commission agrees with both comments and has altered the adopted rule accordingly. Due to the separation of the functions of the trustee and the investment manager, it became necessary to include this requirement. Central Power and Light Company commented that the use of qualified funds should not be mandatory. CPL believes that there are times when it is more advantageous to invest the funds in non-qualified investments. CPL argues that the proposed rule contemplates the use of non-qualified funds; therefore, there should not be a requirement to use qualified funds. Houston Lighting and Power Company commented that the proposed rule should be clear that the utility can invest in non-qualified funds to the extent that the IRS will not allow the funds to be qualified. Texas Utilities commented that the use of qualified funds should not be mandatory. TU believes that the utility should have discretion to invest in either qualified or non-qualified funds. In addition, there can be changes in circumstances that necessitate the utility maintaining flexibility. The commission agrees in part with the comments and has altered the adopted rule accordingly. The commission has adopted language proposed by Houston Lighting and Power Company as to this issue as well as other changes. All funds collected from the ratepayers that are eligible for qualified status should be invested in qualified investments. To the extent that the IRS deems a portion of the collected amounts not qualified, the utility should be permitted to invest in non-qualified investments. The commission requires qualified funds for various reasons. Most importantly, the commission believes that qualified funds reduce the total costs to the ratepayers due to the tax exempt status of the funds. The adopted rule allows a utility to petition the commission for a good cause waiver of the requirement to invest in qualified funds. This will allow the utility some flexibility when it can demonstrate to the commission that the non-qualified investment is justified. Central Power and Light Company, Gulf States Utilities, Houston Lighting and Power Company, and Texas Utilities Electric Company commented that the goals included in the rule for the trustee or investment manager should not refer to speculation or conservatism. CPL believes that because the terms are not defined in the rule, the reference would cause controversy. CPL suggested the use of the phrase "earning a reasonable return commensurate with the need to preserve the value of the assets of the trust." GSU also raised concerns about the lack of a definition of the terms. HL&P and TU were concerned about the terms leading to unreasonably low returns being achieved on the funds. Office of public counsel stated that the rule should contain a goal of conservatism for the trust fund. The commission agrees in part with the comments and has altered the adopted rule accordingly. The commission has adopted the language proposed by Central Power and Light Company as to this issue. The terms initially proposed would most likely cause litigation, and one of the purposes of the rule is to eliminate areas of controversy. The language adopted in the rule achieves the goal desired as to the requirements on the funds, while at the same time eliminating a possible area of contention. Central Power and Light Company, El Paso Electric Company, Gulf States Utilities, and Houston Lighting and Power Company commented that debt investments should not be required to be rated "A" or higher, but that instead, the investments should be investment grade. Texas Utilities Electric Company commented that debt investments should not be required to be rated "A" or higher, instead the entire portfolio should not be rated below a certain level, such as "AA". CPL stated that the proposed rule unduly limited investment flexibility. TU believes that the rule as proposed would unduly limit returns, and believes that the appropriate focus is on the overall portfolio. The commission agrees in part with the comments and has altered the adopted rule accordingly. The revised rule provides that funds must be invested in debt securities that are investment grade, yet the overall portfolio must contain a rating of "AA" by Standard & Poor's Corporation or a "Aa" by Moody's Investor's Service. In calculating the grade for the overall portfolio, treasury bonds will be assumed to have a triple A rating. The changes will allow the utilities flexibility in their investments in order to earn a higher rate of return and at the same time require an overall portfolio well above investment grade. Central Power and Light Company commented that debt ratings should not be used as an indicator for equity investments. CPL suggested use of a minimum capitalization or the fact that the equity is on the New York Stock Exchange. In the event bond ratings are retained as a standard, the level should be reduced to investment grade. This standard would allow security, while providing flexibility for a higher return. Texas Utilities Electric Company commented that the standards set in the proposed rule would automatically disqualify many good investments. TU suggested that the commission adopt a standard that the senior debt rating would not be below investment grade. Gulf States Utilities stated that the equity securities should not be measured based on debt ratings. The commission agrees in part with the comments and has altered the adopted rule accordingly. The revised rule provides that funds can be invested in securities that are investment grade. In addition, the rule provides for investments in equity securities in companies that do not have rated debt securities if the issuer has a capitalization of more than $100 million dollars and has paid common dividends for at least five years. This change in the rule allows the fund flexibility in its investments in order to earn a higher rate of return and at the same time require an overall portfolio well above investment grade. Central Power and Light Company, Gulf States Utilities, Houston Lighting and Power Company, and Texas Utilities Electric Company commented that the investment manager and trustee should be allowed to invest in pooled or mutual fund-type investments that contain the stock of the electric utility collecting the funds or its affiliates. The utilities believed that this would allow more flexibility in the investments. In addition, Houston Lighting and Power Company orally commented that the trustee should be allowed to invest in mutual funds that contain securities of the trustee. The commission agrees with the comments of the utilities as to investments in pooled or mutual fund investments and has altered the adopted rule accordingly. The language adopted in the rule was obtained from the Houston Lighting and Power Company comments. The revised rule provides that funds can be invested in mutual funds if the securities of the utility constitute no more than 5.0% of the fair market value of the assets of the mutual fund at the time of investment. Mutual funds are secure investments, and as such should not be excluded from the investment portfolio. The same provision was added to the subsection concerning the trustee's self-dealing. Central Power and Light Company and Texas Utilities Electric Company commented that the requirement for regional diversification should be limited to municipal securities. El Paso Electric Company suggested that the requirement for regional diversification be limited to municipal securities or real estate holdings. Gulf States Utilities stated that regional diversification is only possible with municipal bonds and bank deposits. Houston Lighting and Power Company believes that the requirement for regional diversification should be eliminated. The commission agrees with the comments of CPL, TU, EPEC, and GSU and the adopted rule has been altered accordingly. Regional diversification would be difficult to achieve and monitor for securities and debt instruments. The funds should not be concentrated in any one region for purposes of municipal securities or real estate holdings. The purpose for the diversification is so that in economic downturns the fund will not be concentrated in any one region. Central Power and Light Company, Gulf States Utilities, and Texas Utilities Electric Company commented that the diversification rules should not apply unless the value of the fund exceeds $50 million. El Paso Electric Company suggested that the diversification restrictions should apply for only those funds that are larger than $40 to 50 million. Houston Lighting and Power Company believes that there should be a $40 million dollar floor on the necessary funds to trigger the limitations on the investments. All of the utilities reasoned that diversification is only feasible with a trust funded at a certain level. The commission agrees with the comments of the utilities and has adopted a $40 million level to trigger the requirement to diversify as to the securities held in any one entity and the number of issues of securities in the portfolio. Central Power and Light Company, Houston Lighting and Power Company, and Texas Utilities Electric Company commented that there should not be a limit on the investments in any one industry group. The utilities stated that the term "recognized industry group" is undefined. The commission agrees with the comments of the utilities and has omitted the requirement as to the recognized industry group. The concept was not defined in the proposed rule, and it would be difficult to define. Central Power and Light Company commented that the diversification requirements should apply to a utility's multiple trusts for a generating unit in the aggregate and should not apply separately to each trust. The commission agrees with the comment and has adopted language consistent with the intent. As originally proposed, the diversification requirements would apply to the aggregate of funds collected by several utilities for the same nuclear unit. This was not what was intended. The rule has been revised to apply to the aggregate of all funds for one utility for one nuclear unit. Houston Lighting and Power Company commented that there should be a 20% limit on the securities from any one issue, instead of the 5.0% limit published in the proposed rule. Texas Utilities commented that there should not be a requirement on the number of issues of securities in the portfolio. The commission disagrees with the comments. The 5.0% limitation is a reasonable diversification requirement. If for some reason an issue lost its value, the loss to the trust would be limited to the 5.0%. Houston Lighting and Power Company commented that the language allowing investments in the federal government should be clarified to indicate whether the trust can invest in agencies of the federal government. The commission agrees with the comment and has incorporated the change in the adopted rule. The correction will clarify the commission's intent as to this issue. Texas Utilities Electric Company commented that there should be a subsection that specifies the effective dates of the requirements of the new rule. For all existing agreements, the utilities should be given 90 days to bring the agreements into compliance. The commission agrees with the comment and has incorporated the change in the adopted rule. Because the new rule will require the utilities to execute new agreements with their trustees and investment managers, there should be sufficient time for the utilities to comply with the rule. Except with regard to this 90-day period for the revision of existing agreements, the rule is effective upon publication. Office of public counsel commented that there should be clear language added to this section that states that the funds are collected from the ratepayers and that the fund is managed on behalf of the ratepayers. The commission has not included such language in the rule, because the concept is inherent in the rule and in the manner in which rates are collected from ratepayers for the purposes of the decommissioning fund. In addition to the changes made to the rule in accordance with comments filed by interested parties, the commission has made minor changes to the rule, for the sake of greater clarity. The changes are not intended to change the substance of the rule. The amendment is adopted under Texas Civil Statues, Article 1446c, sec.16(a), which authorize the Public Utility Commission of Texas to make and enforce rules that are reasonably required in the exercise of its powers and jurisdiction. sec.23.59 Nuclear Decommissioning Trusts. (a) Duties of electric utilities. (1) Each electric utility collecting funds for a nuclear decommissioning trust shall assure that the nuclear decommissioning trust is managed so that the funds are secure and earn a reasonable return; and, that the funds provided from the utility's cost of service, plus the amounts earned from investment of the funds, will be available at the time of decommissioning. (2) Each electric utility collecting funds for a nuclear decommissioning trust shall place the funds in an external, irrevocable trust fund. The utility shall appoint an institutional trustee and may appoint an investment manager(s). Unless otherwise specified in subsection (b) of this section, the Texas Trust Code controls the administration and management of the nuclear decommissioning trusts, except that the appointed trustee(s) need not be qualified to exercise trust powers in Texas. (3) The utility shall retain the right to replace the trustee with or without cause. In appointing a trustee, the electric utility shall have the following duties, which will be of a continuing nature: (A) a duty to determine whether the trustee's fee schedule for administering the trust is reasonable, when compared to other institutional trustees rendering similar services; (B) a duty to investigate and determine whether the past administration of trusts by the trustee has been reasonable; (C) a duty to investigate and determine whether the financial stability and strength of the trustee is adequate; (D) a duty to investigate and determine whether the trustee has complied with the trust agreement and this section as it relates to trustees; and (E) a duty to investigate any other factors which may bear on whether the trustee is suitable. (4) The utility shall retain the right to replace the investment manager with or without cause. In appointing an investment manager, the utility shall have the following duties, which will be of a continuing nature: (A) a duty to determine whether the investment manager's fee schedule for investment management services is reasonable, when compared to other such managers; (B) a duty to investigate and determine whether the past performance of the investment manager in managing investments has been reasonable; (C) a duty to investigate and determine whether the financial stability and strength of the investment manager is adequate for purposes of liability; (D) a duty to investigate and determine whether the investment manager has complied with the investment management agreement and this section as it relates to investments; and (E) a duty to investigate any other factors which may bear on whether the investment manager is suitable. (b) Agreements between the electric utility and the institutional trustee or investment manager. (1) The utility shall execute an agreement with the institutional trustee. The agreement shall include the restrictions set forth in subparagraph (A)-(D) of this paragraph and may include additional restrictions on the trustee. An electric utility shall not grant the trustee powers that are greater than those provided to trustees under the Texas Trust Code or that are inconsistent with the limitations of this section. (A) The interest earned on the corpus of the trust becomes part of the trust corpus. A trustee owes the same duties with regard to the interest earned on the corpus as are owed with regard to the corpus of the trust. (B) A trustee shall have a continuing duty to review the trust portfolio for compliance with investment guidelines and governing regulations. (C) A trustee shall not lend funds from the decommissioning trust with itself, its officers, or its directors. (D) A trustee shall not invest or reinvest decommissioning trust funds in instruments issued by the trustee, except for time deposits, demand deposits, or money market accounts of the trustee. However, investments of a decommissioning trust may include mutual funds that contain securities issued by the trustee if the securities of the trustee constitute no more than 5.0% of the fair market value of the assets of such mutual funds at the time of the investment. (2) The utility shall execute an agreement with the investment manager. (If the trustee performs investment management functions, the contractual provisions governing those functions must be included in either the trust agreement or a separate investment management agreement.) The agreement shall include the restrictions set forth in subparagraphs (A)-(D) of this paragraph and may include additional restrictions on the manager. An electric utility shall not grant the manager powers that are greater than those provided to trustees under the Texas Trust Code or that are inconsistent with the limitations of this section. (A) An investment manager shall, in investing and reinvesting the funds in the trust, comply with subsection (c) of this section. (B) The interest earned on the corpus of the trust becomes part of the trust corpus. An investment manager owes the same duties with regard to the interest earned on the corpus as are owed with regard to the corpus of the trust. (C) An investment manager shall have a continuing duty to review the trust portfolio to determine the appropriateness of the investments. (D) An investment manager shall not invest funds from the decommissioning trust with itself, its officers, or its directors. (3) A copy of the trust agreement, any investment management agreement, and any amendments shall be filed with the commission within 30 days after the execution or modification of the agreement. All previously executed agreements and amendments must be filed within 30 days of the effective date of this section. (4) Within 90 days after the effective date of this section, a utility that is a party to a trust agreement or an investment management agreement that is not in compliance with this section shall revise the agreement to comply with this section. (c) Trust investments. (1) Decommissioning trust agreements shall comply with all requirements of the Nuclear Regulatory Commission. The utility may invest the decommissioning funds by means of qualified or unqualified nuclear decommissioning trusts; however, the utility shall, to the extent permitted by the Internal Revenue Service, invest its decommissioning funds in "qualified" nuclear decommissioning trusts, in accordance with the Internal Revenue Service Code, sec.468A. The utility may request from the Commission a good cause waiver to invest funds in non-qualified trusts. (2) The following restrictions apply to investments of decommissioning trust funds. (A) The funds should be invested with a goal of earning a reasonable return commensurate with the need to preserve the value of the assets of the trusts. (B) A decommissioning trust shall not invest trust funds in corporate or municipal debt securities that have a bond rating below investment grade ("BBB" by Standard & Poor's Corporation or "Baa" by Moody's Investor's Service) at the time that the securities are purchased. The overall portfolio of debt instruments shall have a quality level not below a "AA" grade by Standard & Poor's Corporation or "Aa" by Moody's Investor's Service. In calculating the quality of the overall portfolio, debt securities issued by the federal government shall be considered as having a "AAA" rating. (C) A decommissioning trust shall not invest in equity securities of companies that have a debt rating below investment grade ("BBB" by Standard & Poor's Corporation or "Baa" by Moody's Investor's Service) at the time that the securities are purchased. Equity securities in companies that do not have rated debt securities may be purchased only if, at the time that the securities are purchased, the issuer has a capitalization of more than $100 million dollars and has paid common dividends for at least five years. (D) A decommissioning trust shall not invest in securities issued by the electric utility collecting the funds or any of its affiliates; provided, however, that investments of a decommissioning trust may include mutual funds that contain securities issued by the electric utility if the securities of the utility constitute no more than 5.0% of the fair market value of the assets of such mutual funds at the time of the investment. (E) In keeping with prudent investment practices, the portfolio of securities held in the decommissioning trust shall be diversified to the extent reasonably feasible given the size of the trust. No more than 50% of the trust's fair market value shall be invested in equity securities; municipal securities and real estate investments shall be diversified as to geographic region. Where a utility has multiple trusts for a single generating unit, the restrictions contained in this subsection apply to all trusts in the aggregate for that generating unit. The portfolio of securities held in the decommissioning trust(s) that contain securities with an aggregate value in excess of $40 million shall be diversified in accordance with the following additional restrictions: no more than 5.0% of the securities held may be issued by one entity, with the exception of the federal government, its agencies and instrumentalities; and there shall be at least 20 different issues of securities in the portfolio. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on June 18, 1991. TRD-9107279 Mary Ross McDonald Secretary Public Utility Commission Effective date: July 10, 1991 Proposal publication date: December 25, 1990 For further information, please call: (512) 458-0100 TITLE 25. HEALTH SERVICES Part II. Texas Department of Mental Health and Mental Retardation Chapter 403. Other Agencies and the Public Subchapter F. Inspection of Department Records 25 TAC sec.sec.403.181-403.185 The Texas Department of Mental Health and Mental Retardation (TXMHMR) adopts the repeal of sec.sec.403.181-403.185, concerning inspection of department records, without changes to the proposed text as published in the March 5, 1991, issue of the Texas Register (16 TexReg 1412). The repeals are in keeping with TXMHMR's sunset review, which affords an opportunity to identify rules that are dysfunctional, inefficient, or otherwise in need of revision and/or repeal. A significant portion of the subchapter is simply a reiteration of provisions included in the Texas Open Records Act and State Purchasing and General Services Commission rules. Those provisions dealing with internal policy are more appropriately described in internal operating instructions than in the Texas Administrative Code. No comments were received regarding adoption of the repeals. The repeals are adopted under Texas Civil Statutes, Article 5547-202, sec.2.11, which provide the Texas Board of Mental Health and Mental Retardation with rulemaking powers. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on June 24, 1991. TRD-9107479 Ann Utley Chairman Texas Department of Mental Health and Mental Retardation Effective date: July 15, 1991 Proposal publication date: March 5, 1991 For further information, please call: (512) 465-4670 Subchapter I. Capital Improvements by Citizen Groups 25 TAC sec.sec.403.251-403.274 The Texas Department of Mental Health and Mental Retardation (TXMHMR) adopts the repeal of sec.sec.403.251-403.274, concerning capital improvements by citizen groups, without changes to the proposed text as published in the May 14, 1991, issue of the Texas Register (16 TexReg 2645). New sec. s410.101-410. 122, also concerning capital improvements by citizen groups, will be adopted in the July 2, 1991, issue of the Texas Register. The new sections update terminology and references to various department entities, and call for design professionals in place of the former requirement of consultants. The new rules also remove the provision concerning application to the Texas Health Facilities Commission for certain capital improvements. No comments were received regarding adoption of the repeals. The repeals are adopted under Texas Civil Statutes, Article 5547-202, sec.2.11, which provide the Texas Board of Mental Health and Mental Retardation with rulemaking powers. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on June 24, 1991. TRD-9107480 Ann Utley Chairman Texas Department of Mental Health and Mental Retardation Effective date: July 15, 1991 Proposal publication date: May 14, 1991 For further information, please call: (512) 465-4670 Subchapter J. Adoption by Reference of State Plans 25 TAC sec.403.281, sec.403.282 The Texas Department of Mental Health and Mental Retardation (TXMHMR) adopts the repeal of sec.403.281, sec.403.282, concerning the adoption by reference of state plans, without changes to the proposed text as published in the March 12, 1991, issue of the Texas Register (16 TexReg 1501). The repeals are part of TXMHMR's sunset review process for policies and procedures. The sections that would be repealed were required to be published by Public Laws 94-63 and 96-368, governing the distribution of federal funds to community mental health and mental retardation centers under the categorical grant method. In 1981, these laws were superseded by federal laws requiring the distribution of federal funds for community-based programs using a block grant methodology, and the rules are therefore no longer required. No comments were received regarding adoption of the repeals. The repeals are adopted under Texas Civil Statutes, Article 5547-202, sec.2.11, which provides the Texas Board of Mental Health and Mental Retardation with rulemaking powers. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on June 24, 1991. TRD-9107476 Ann Utley Chairman Texas Department of Mental Health and Mental Retardation Effective date: July 15, 1991 Proposal publication date: March 12, 1991 For further information, please call: (512) 465-4670 Subchapter L. Tax-Sheltered Annuity Program for Department Employees 25 TAC sec.sec.403.321-403.336 The Texas Department of Mental Health and Mental Retardation (TXMHMR) adopts the repeal of sec.sec.403.321-403.336, concerning the tax-sheltered annuity program for TXMHMR employees without changes to the proposed text as published in the March 12, 1991, issue of the Texas Register (16 TexReg 1501). The repeals are part of TXMHMR's sunset review process for policies and procedures. The sections that would be repealed govern internal operations and therefore are more appropriately described in internal operating instructions than in the Texas Administrative Code. No comments were received regarding adoption of the repeals. The repeals are adopted under Texas Civil Statutes, Article 5547-202, sec.2.11, which provide the Texas Board of Mental Health and Mental Retardation with rulemaking powers. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on June 24, 1991. TRD-9107478 Ann Utley Chairman Texas Department of Mental Health and Mental Retardation Effective date: July 15, 1991 Proposal publication date: March 12, 1991 For further information, please call: (512) 465-4670 Subchapter S. Early Childhood Intervention Program 25 TAC sec.403.530 The Texas Department of Mental Health and Mental Retardation (TXMHMR) adopts the repeal of sec.403.530, concerning the Early Childhood Intervention Program, without changes to the proposed text as published in the May 14, 1991, issue of the Texas Register (16 TexReg 2645). The section adopts by reference rules of the Texas Department of Human Services, Texas Administrative Code 40, Chapter 621.1 through 621.48, with which TXMHMR must comply to receive federal funds for the program. Public comment on the proposed repeal was received from the Advisory Committee to the Texas Interagency Council on Early Childhood, which commended the department's efforts to reduce duplication and agreed the change would not affect programs for individuals requiring Early Childhood Intervention Services. The repeal is adopted under Texas Civil Statutes, Article 5547-202, sec.2.11, which provide the Texas Board of Mental Health and Mental Retardation with rulemaking powers. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on June 24, 1991. TRD-9107477 Ann Utley Chairman Texas Department of Mental Health and Mental Retardation Effective date: July 15, 1991 Proposal publication date: May 14, 1991 For further information, please call: (512) 465-4670 TITLE 28. INSURANCE Part II. Texas Workers' Compensation Commission Chapter 134. Benefits-Guidelines for Medical Services, Charges, and Payments Subchapter I. Provider Building Procedures 28 TAC sec.134.803 Texas Workers' Compensation Commission adopts new sec.134.803, without changes to the proposed text as published in the May 3, 1991, issue of the Texas Register (16 TexReg 2461). New sec.134.803 details the procedure for calculating interest on late payments of bills from health care providers who render medical services to injured workers under the Texas Workers' Compensation Act, Texas Civil Statutes, Article 8308-1.01 et seq. The section is necessary to establish a uniform method for computation of interest on bills paid after the 60th day the bill is submitted to an insurance carrier. New sec.134.803 provides that interest will be earned on the amount of a fee that is consistent with medical policies and fee guidelines established by the commission. The section requires a health care provider to submit bills that conform to the requirements described in sec.134.800 of this title (relating to Health Care Provider Billing). The section provides for computation of interest according to the rate established by the commission under the Texas Workers' Compensation Act, sec.1.04. Interest begins to accrue on the 60th day after the health care provider submits its bill to the insurance carrier, and runs until the bill is paid, and is computed according to three steps set out in the section. Concerning the proposed section, one commenter suggested that the first sentence in subsection (c) be modified by adding the following language after the word "bill": "containing all information required on the appropriate commission billing form." The commenter asked for the change on the basis that submission by a health care provider of an incomplete bill should not entitle the provider to interest when the late payment is due to lack of material information or the right form. The commission disagrees, noting that sec.134.803 (a) requires that bills be submitted consistent with the requirements described in sec.134.800 of this title (relating to Health Care Provider Billing), which is the section which deals with the form and information on the bill. The section dealt with here concerns only the method for computing interest, and the suggested language is not needed for that purpose. Alliance of American Insurers commented against the section as proposed. No comments specifically in favor of the section as proposed were received. The new section is adopted under Texas Civil Statutes Article 8308-2.09(a), which authorize the Commission to adopt rules necessary to implement and enforce the Texas Workers' Compensation Act, Texas Civil Statutes, Article 8308. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on June 20, 1991. TRD-9107326 Susan M. Kelley General Counsel Texas Workers' Compensation Commission Effective date: July 11, 1991 Proposal publication date: May 3, 1991 For further information, please call: (512) 440-3972 TITLE 31. NATURAL RESOURCES AND CONSERVATION Part II. Texas Parks and Wildlife Department Chapter 65. Fisheries and Wildlife Subchapter A. Statewide Hunting and Fishing 31 TAC sec.sec.65.1, 65.3, 65.26, 65.40, 65.62, 65.72, 65.78 The Texas Parks and Wildlife Commission, in a regularly scheduled public hearing held May 23, 1991, adopts 31 TAC new sec.65.26 and amendments to sec.sec. 65.1, 65.3, 65.40, 65.62, 65.72, and 65.78 concerning the Statewide Hunting and Fishing Proclamation. Sections 65.3, 65.40, 65.72, and 65.78 are adopted with changes to the proposed text as published in the April 16, 1991 issue of the Texas Register (16 TexReg 2188). Sections 65.1, 65.26, and 65.62 are adopted without changes and will not be republished. The changes made to the amendments as proposed in the Texas Register are: withdrew definitions of client and fishing guide at sec.65.3; amended sec.65. 40(1)(C) by adding 13 east Texas counties to clause (iv) and (vi), which restricts the taking of antlerless deer to the first nine and last nine days or first two and last two days of the general deer season without requiring antlerless deer permits; and also adds new clause (v) and new clause (vii) which limits to the first nine and last nine days or the first two and last two days of the deer season the taking of antlerless deer by antlerless deer permit on public lands in nine east Texas counties (this is an experimental season commonly called "doe days" which is designed to reduce harvest); amended sec.65. 72(b)(4)(A) to prohibit take of mullet greater than 12 inches in length during the months of October through January; withdrew reduced game fish bag limit for fishing guides at sec.65.72(b)(4)(B)(ii); provided in sec.65.72(b)(4)(B)(ii) a reduced bag limit and increased minimum size limit for bass in Lakes Caddo and Toledo Bend-this regulation was adopted by commission action March 28, 1991, Texas Register document number 9104557 (16 TexReg 2364); sec.65.72(b)(4)(B) (ii) provided Lakes Caddo, Toledo Bend, and Texoma with an exception for Guadalupe and spotted basses due to inter-jurisdictional agreements between Texas-Louisiana and Texas-Oklahoma; increased the daily bag limit for catfish from 10 to 15 for the six reservoirs selected for a three year experiment and added Johnson County to the location for Lake Whitney at 65.72(b)(4)(B)(ii); provided a 10" minimum length limit for crappie taken from lake Fork and Lake O'The Pines at sec.65.72(b)(4)(B)(ii); in those lakes it is required that the first 25 crappie caught must be retained during the months December through February; and modified crab trap buoy requirements at 65.78(d)(2)(B)(iv) through (vi) to differentiate between crab traps for commercial and non-commercial purposes. The rules as adopted have as their factual basis scientific studies and investigations which track trends in wildlife resource populations and assesses factors affecting those populations. These studies, included by reference, are available for public inspection at the Texas Parks and Wildlife Headquarters Complex, 4200 Smith School Road, Austin, Texas 78744. The commission is responsible for administering a flexible law to deal effectively with changing conditions to prevent depletion or waste of wildlife resources and to provide equitable and reasonable privileges of ownership to pursue, take, possess, and kill wildlife resources. The Texas Employment Commission on May 21, 1991, indicated in reply to departmental correspondence that the amendments as proposed will have minimal fiscal implications for the state. Fluctuations in wildlife resource populations, harvest options for areas having management goals, exceptions for areas having high hunting pressure in certain locales, decline in available habitat, effects of agricultural or commercial forestry management, detrimental and unintentional effects of some gear, simplification of seasons and bag limits within counties or in adjoining counties, differentiation between private and public lands, experimental regulations to assess management options, deletion of rules or requirements no longer needed, jurisdictional agreements, compliance with federal regulations, and protection from overharvest or exploitation for wildlife resources require that the commission adopt amendments for the 1991-1992 hunting and fishing seasons. The new section and amendments provide harvest opportunity of wildlife resources consistent with acknowledged fisheries and wildlife management tenets which are designed to prevent depletion or waste. Comments by the public concerning the amendments as proposed were presented to the Texas Parks and Wildlife Commission in its May 23, 1991, public hearing. The comments were summarized from comments made at 63 county public hearings held during the period April 29-May 16, 1991 throughout the state and attended by 1,164 persons; comments in the form of petitions, resolutions, surveys, letters, and telephone calls from more than 314 persons or groups; and comments made at the May 23, 1991 Commission public hearing by 33 persons or groups. No comments were received via the Texas Register. Comments made by the public at the county hearings concerned many of the proposed amendments (16 TexReg 2188) but they also commented upon regulations not being proposed for amendments. The comments included statements relating to a general deer population decline over large areas attributed to various reasons: overharvest of doe deer, lack of control over antlerless deer harvest, and buck deer harvest regulated through issuance of permits by landowners, overharvest of buck deer, harvest of spike bucks, lack of suitable deer habitat, and special game management plans. The public expressed opposition to either-sex deer hunting seasons; long deer season; archery-only deer seasons; opening date of deer season; length of doe season; separate deer seasons for archery, muzzleloading, and centerfire rifle; "doe days"; baiting of deer; deer proof fences; reduced daily bag limits for fishing guides; crappie minimum size limits; existing size and bag limits for bass; a reduced daily bag limit for catfish in six experimental reservoirs is a bag limit not large enough to justify a fishing trip; prohibiting the taking of the left claw from stone crabs; and maximum size limit for mullet. Persons at the county public hearings favored reduced deer bag limits; shortened deer season length; split deer season; "doe days" for northeast Texas; closed deer season; archery-only deer season; deletion of the late antlerless deer season in south Texas; concurrent general, archery-only, and blackpowder deer seasons; deletion of the early antlerless only deer season in east Texas; various (13) deer bag limits; pheasant bag limit reduction or closed season; shortened quail and turkey seasons; longer squirrel season; squirrel season outside of the deer season; reducing crappie minimum size limits; 14 inch experimental catfish minimum size limit but not a reduction in the daily bag limit; decreasing minimum size limits for bass; restoration of netting for rough fish; fish restocking; differing spotted sea trout size and bag limits; and smaller size limits for drum and red drum. Correspondence received at the department headquarters in the form of letters, petitions, surveys, resolutions, and telephone calls: 172 comments primarily concerning white-tailed deer seasons, bag limits, decline of deer population, management options for differing harvest regimes, 'doe days", protection of spike bucks, taking no buck deer with less than four points, closure of doe season, closure of deer season, providing split deer season, shortening deer season, fire ants impacting survival of fawns, feral hogs infesting south Texas, reinstating antlerless deer permits, game proof fences restricting natural range of deer, small landowners adjacent to large landowners overharvesting deer population, and delayed opening of deer season so majority of doe deer will be bred; 36 comments concerning freshwater fishing, specifically, bag limits for crappie, bass, yellow bass, white perch, and catfish, tournament fishing, cast netting, fishing guide limits, bass slot limits, minnow seine length, gill nets, and more restrictive regulations for freshwater fish; 24 comments concerning blackpowder season (primarily in support for a separate season, but not during the existing archery-only season); 19 comments attached to department surveys including a return to issuance of antlerless deer permits, deletion of "doe days", reduction of deer bag limit or relocation of deer from large closed ranches, closed deer season, closed deer season for four years, decline in deer populations, and fire ants as a problem for fawns; 17 comments concerning small game including requests for a longer squirrel season, pheasant becoming scarce, increasing pheasant season from 16 to 30 days, permitting rifles for spring turkey hunting, open season on Mearns' quail, hazardous conditions when hunting squirrel with squirrel dogs during deer season, and four month quail season is too long (as it put too much pressure on the bird crop); 12 comments concerning antlerless deer permits specifically to reinstate the antlerless deer permit system as this gives landowners additional control, and small landowners harvest more deer than produced on their land; 12 comments concerning saltwater fishing including removal of the trotline ban on weekends, reduction of red fish size limit, permitting recreational fishermen to use mullet over 12 inches in length, prefer that department just prohibit possession of mullet roe, protect sea turtles by using turtle excluder devices, decline in tarpon populations, reduction of the size limit for spotted trout, permitting take of black drum over 30 inch maximum length, and changes in shrimping regulations; seven comments concerning archery seasons including expanded usage of crossbow for people who have non-permanent (arthritis) disabilities, and separate muzzleloading season from archery-only season; seven miscellaneous comments requesting a sunrise/sunset chart for hunting guide, opposing release of predators such as wolves and panthers in Big Bend country, stating public hunters in riverbed of Canadian River pose a safety hazard, reintroduction of wolves for total ecosystem health, and opposing hunting on wildlife refuges; five comments favoring hunting deer with dogs; two comments concerning mule deer specifically to change season to the middle of January to insure superior bucks are allowed to breed, and close mule deer season for four to five years to build up population; and one comment opposing the hunting of deer with dogs. State Representative from Walker County spoke concerning white-tailed deer harvest in east Texas. Live Oak County Judge opposed existing antlerless deer season. Texas Sportsmen's Association spoke concerning deleting the experimental "doe days", prohibiting the taking of spike bucks, shortening the deer season and taking no buck deer with less than four points. A person representing City of Halletsville, Lavaca County, and Golden Crescent Regional Planning Commission spoke opposing the "doe days" experiment. Lonestar Bow Hunters Association spoke in favor of the openness of the public hearing. International Paper spoke in favor of the proposed rules but requested a swing tag for either a buck deer or a doe deer. Animal Protection Advisory spoke concerning the commission's awareness of groups interested in wildlife other than hunters, and that they are the majority of people. Morris County Commissioner spoke in opposition of taking antlerless deer. Doss Wildlife Cooperative spoke in opposition of early opening of deer season. Walker County Commissioner's Court spoke for reinstatement of antlerless deer permits. Cherokee Wildlife Committee spoke in opposition to deer bag limit reduction of one buck and two antlerless deer and taking of antlerless deer. Woodland Lakes Enterprises spoke in opposition to opening deer season too early and requested a one buck limit across the state. Wynne Hunting Club spoke for reinstating the antlerless deer permit system. Temple-Inland spoke in favor of the rules as proposed. Seafood Producers and Processors of the Upper Texas Coast spoke in opposition to maximum size limit for mullet. Hornbeck Seafood Company and Blume Seafood Company spoke in opposition of maximum size limit for mullet since crabbers use mullet for bait. Meacom's Pier spoke in opposition to maximum size limit for mullet. Willows of Inks Lake Property Owners Association spoke in opposition of cast netting in a small channel. Comments made at the 63 county public hearings; comments from letters, petitions, surveys, resolutions, and telephone calls; and comments made at the commission public hearing May 23, 1991 are available for public inspection at the Texas Parks and Wildlife Department, Headquarters Complex, 4200 Smith School Road, Austin, Texas 78744, telephone 1-800-792-1112 extension 4974 or (512) 389-4974. The Texas Parks and Wildlife Commission disagreed with several comments received because they were judged not to be compatible with wildlife resource management. The commission must make findings of fact based upon the department's scientific surveys and investigations. Several of the comments were related to rules not proposed as amendments in the Texas Register and will not be discussed below. With respect to deer regulations, the department staff through studies formulates regulations designed to conserve and protect the white-tailed deer resource and its habitat. The staff has determined that the status of deer populations determined from scientific surveys and investigations of deer populations does not warrant the extent of concern expressed by the public in their comments. Reduced deer bag limits for east Texas are appropriate because this population has been brought closer to the carrying capacity of the habitat. The regulations for deer bag limit reduction in east Texas are believed by staff to be adequate to protect the resource. Most deer populations in the state remain near or above carrying capacity of the habitat even though numbers of deer may be down in some areas. Comments from the public concerning white-tailed deer bag limits centered around the belief that bag limits are too liberal and permit harvest of too many antlerless deer. The majority of persons who commented requested either a stop in the harvest of antlerless deer or to reinstate the antlerless deer permit system based upon landowner acreage. Additionally, several persons opposed the buck deer bag limit reduction to one buck as they believed this restriction was unnecessary. Staff reviewed those comments and the data upon which the bag limits were based. Staff believes that the proposed bag limits are appropriate to address stable or declining deer populations and additional restrictions are not appropriate to deer management at this time. The reduction to a one buck bag limit in the areas as proposed is due to high hunting pressure on the buck segment of the herd. A reduced harvest of antlerless deer combined with a reduced buck harvest is necessary to balance the sex ratio of the deer herd. A reduced and healthy deer herd within the habitat's carrying capacity prevents degradation of habitat and lessens stress within the herd. An experimental harvest regime commonly called "doe days" was implemented during the 1990 hunting season. This harvest approach has proven applicable and effective in much of the southeastern United States. Comments were received from the 14-county area in the Lower Post Oak Savannah where this harvest regulation was implemented. The commentors opposed this regulation for being too liberal and believe too many antlerless deer were harvested and that existing deer populations are too low to support this harvest. However, landowners in this same study area who responded to a department mail survey were divided equally or slightly favoring the "doe day" regulation. Staff has reviewed the public's comments, the biological basis for this experiment, and the results of the 1990-1991 harvest surveys. This regulation appears to be a reasonable method of providing for limited antlerless harvest without requiring issuance of antlerless deer permits. Staff believes that this regulation can be tailored or adapted, with experience gained from this study, for future deer harvest needs of large areas of Texas. Additionally, several areas within this experimental regime were proposed for further reduction, to provide that antlerless deer may be taken only during the first two days of the hunting season. This downward adjustment is in response to a low deer population, heavy hunting pressure, scattered habitat, and findings of the harvest surveys in the affected areas. Comments concerning "doe days" regulations were received from the public in areas of northeast Texas. In general, persons who commented favored some combination of doe days over the proposed harvest of antlerless deer for the entire length of the deer season. A survey of the public who attended these hearings indicated that 79 per cent of the public favored doe days over the season-long harvest period. The majority of the people made it clear that what they really wanted was no harvest of antlerless deer at all. Staff reviewed this proposal and the public's concerns. There is cause for careful consideration and study in this region of Texas. Data indicates that the deer herd has declined from previous years in some areas. However, staff believes that the herd still continues to be at or near the carrying capacity of the habitat and harvest of antlerless deer is required. With respect to freshwater fishing regulations, the staff, through studies has determined that catfish is the second most popular sportfish in Texas. The current nine inch minimum size limit does little to address potential overharvest since few fish less than 12" are retained by anglers. The proposed 14" experimental minimum length limit assures that catfish have the opportunity to spawn at least once prior to being retained by fishermen and will increase the total yield available. With respect to saltwater fishing regulations, the staff has determined, through studies, that placing a maximum size limit for mullet is necessary. This regulation is needed to prevent current and future over exploitation of mature spawning mullet because of vulnerability to capture during their spawn. Staff investigations have determined that the greatest and most valuable use of mullet is as a forage species. Mullet are a widely consumed forage species that contribute to the long-term productivity of the aquatic ecosystem. Staff studies on stone crab survivability indicate that those populations are in danger of depletion unless additional conservation measures, which are enforceable, are applied to this fishery. Reductions in revenue to the total crab fishery will not be significant. The commission after hearing and reviewing the public's testimony and staff's response to the testimony made the following changes: provided east Texas counties with additional restrictions to reduce antlerless deer harvest by implementing the "doe days" regime for ten northeast Texas counties which may take antlerless deer only during the first nine and last nine days of the general season; and for three southeast Texas counties, the season for taking doe deer will be the first two and last two days of the general season; provided an increased daily bag limit from 10 to 15 for the experimental catfish regulation in six reservoirs, but maintained the 14" minimum size limit; withdrew the proposed fishing guide bag limit for game fish; and permitted fishermen to retain mullet over 12" in length except during the months October through January. Additional changes to the rules as proposed will provide uniform regulations for border lakes of Caddo, Toledo Bend and Texoma where inter-jurisdictional agreements have been confirmed. The minimum length limit of 10" for crappie on Lake Fork and Lake O'The Pines is continued with the exception for the winter months of December-February. The new regulation requires that the first 25 crappie caught must be retained in order to prevent waste due to low survival rates of crappie taken from deep water. New text relating to crabs separates commercial crab traps by requiring non-commercial crab trap buoys to have a colored stripe. Differentiation permits law enforcement and fishery managers to readily recognize the category of crab traps. Different statutory laws apply to those categories. The new section and amendments are adopted under the Texas Parks and Wildlife Code, Chapter 61, Uniform Wildlife regulatory Act (Wildlife Conservation ACt of 1983) which provides the Texas Commission with authority to establish wildlife resource regulations for this state. sec.65.3. Definitions. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. Wildlife management plan-A written document provided to the landowner or agent and approved by a department biologist after an investigation is completed on a tract of land. sec.65.40. Deer: White-tailed and Mule Deer. No person may take more than the aggregate total of five deer per license year; of which no more than two may be mule deer, only one of which may be a buck mule deer; no more than two white-tailed buck deer, or no more than five antlerless deer, both species combined. (1) White-tailed deer: general open seasons, bag, and possession limits shall be as follows. (A) In Bandera, Bell, Bexar, Blanco, Bosque, Brewster, Brown, Burnet, Calhoun, Coke, Coleman, Comal, Concho, Coryell, Crockett, Culberson, Edwards, Gillespie, Glasscock, Goliad, Hamilton, Hays, Irion, Jackson, Jeff Davis, Kendall, Kerr, Kimble, Kinney (only north of U. S. Highway 90), Lampasas, Llano, McCulloch, Mason, Matagorda, Medina (only north of U.S. Highway 90), Menard, Mills, Mitchell, Nolan, Pecos, Presidio, Reagan, Real, Reeves, Runnels, San Saba, Schleicher, Sterling, Sutton, Terrell, Tom Green, Travis, Uvalde (only north of U.S. Highway 90), Val Verde, Victoria, Wharton, and Williamson Counties, there is an open season for white-tailed deer. (i)-(iii) (No change.) (B) In Aransas, Atascosa, Bee, Brooks, Cameron, Dimmit, Duval, Frio, Hidalgo, Jim Hogg, Jim Wells, Kenedy, Kinney (only south of U.S. Highway 90), Kleberg, LaSalle, Live Oak, McMullen, Maverick, Medina (only south of U.S. Highway 90), Nueces, Refugio, San Patricio, Starr, Uvalde (only south of U.S. Highway 90), Webb, Willacy, Zapata, and Zavala Counties, there is an open season for white-tailed deer. (i) Open season: Second Saturday in November through the second Sunday in January. (ii) Bag limit: Four white-tailed deer, no more than two bucks. (iii) Antlerless white-tailed deer may be taken without an antlerless deer permit required by sec.65.27 of this title (relating to Permits) and sec.65.31 of this title (relating to Antlerless Mule Deer and White-tailed Deer Permits). (iv) Special (South Texas) late season: In the counties listed in this subparagraph there is a special late antlerless only white-tailed deer season. (I) Open season: January 18-February 2, 1992. (II) Bag limit: Four antlerless white-tailed deer only. Antlerless white-tailed deer may be taken without an antlerless deer permit in compliance with clause (iii) of this subparagraph. The bag limit is not in addition to the general or archery only season bag limits. (C) No person may take or possess more than one white-tailed buck deer per license year from counties, in the aggregate, listed within this subparagraph. (i) In Anderson, Angelina (only on Angelina National Forest and Corps of Engineers lands), Archer, Armstrong, Baylor, Borden, Brazos, Briscoe, Burleson, Camp, Carson, Childress, Clay, Collingsworth, Cooke, Cottle, Crane, Crosby, Delta, Denton, Dickens, Donley, Ector, Ellis, Falls, Fannin, Fisher, Floyd, Foard, Franklin, Freestone, Garza, Gray, Gregg, Grimes, Hall, Hardeman, Haskell, Hemphill, Hill, Hopkins, Houston, Howard, Hutchinson, Jack, Jasper (only on Angelina National Forest and Corps of Engineers lands), Johnson, Jones, Kent, King, Knox, Lamar, Leon, Limestone, Lipscomb, Loving, Madison, McLennan, Midland, Milam, Montague, Motley, Navarro, Newton (only on Sabine National Forest and Sabine River Authority lands), Ochiltree, Parker, Rains, Randall, Red River, Roberts, Robertson, Sabine (only on Sabine National Forest, Corps of Engineers lands, and Sabine River Authority River lands), San Augustine (only on Angelina and Sabine National Forests and Corps of Engineers lands), San Jacinto (only on Sam Houston National Forest), Scurry, Smith, Stonewall, Swisher, Tarrant, Titus, Trinity, (only on Davy Crockett National Forest), Upshur, Upton, Van Zandt, Ward, Wheeler, Wichita, Wilbarger, Wise, Wood, and Young Counties, there is an open season for white-tailed deer. (I) Open season: First Saturday in November through the first Sunday in January. (II) Bag limit: Three white-tailed deer, no more than one buck and no more than two antlerless deer, antlerless by permit only. (ii) In Angelina (except on Angelina National Forest and Corps of Engineers lands), Brazoria, Callahan, Chambers, Comanche, Eastland, Erath, Fort Bend, Grayson (only on Hagerman National Wildlife Refuge), Hardin, Hood, Jasper (except on Angelina National Forest and Corps of Engineers lands), Jefferson, Liberty, Newton (except on Sabine National Forest and Sabine River Authority lands), Orange, Palo Pinto, Polk, Sabine (except on Sabine National Forest, Corps of Engineers lands, and Sabine River Authority lands), San Augustine (except on Angelina and Sabine National Forests and Corps of Engineers lands), San Jacinto (except on Sam Houston National Forest), Shackelford, Somervell, Stephens, Taylor, Throckmorton, Trinity (except on Davy Crockett National Forest), and Tyler Counties, there is an open season for white-tailed deer. (I) Open Season: First Saturday in November through the first Sunday in January. (II) Bag limit: Three white-tailed deer, no more than one buck and no more than two antlerless deer. (III) Antlerless white-tailed deer may be taken without an antlerless deer permit required by sec.65.27 of this title (relating to Permits) and sec.65.31 of this title (relating to Antlerless Mule Deer and White-tailed Deer Permits). (iii) In Hartley, Moore, Oldham, and Potter Counties, there is an open season for white-tailed deer. (I) Open Season: Saturday before Thanksgiving for 16 consecutive days. (II) Bag limit: Three white-tailed deer, no more than one buck and no more than two antlerless deer, antlerless by permit only. (iv) In Bowie (excet on Corps of Engineers lands), Cass (except on Corps of Engineers lands), Cherokee, Colorado (only in that portion of the county that lies south and west of the Colorado River), DeWitt, Gonzales, Guadalupe (only in that area of the county bounded on the north by IH10 and on the west by State Highway 123), Harrison (except on Corps of Engineers lands), Karnes, Lavaca (only in that area of the county bounded on the north by U.S. Highway 90A and on the west by U.S. Highway 77), Marion (except on Corps of Engineers lands), Morris (except on Corps of Engineers lands), Nacogdoches (except on Angelina National Forest and Corps of Engineers lands), Panola, Rusk, Shelby (except on Sabine National Forest and Sabine River Authority lands), and Wilson Counties, there is an open season for white-tailed deer. (I) Open season: First Saturday in November through the first Sunday in January. (II) Bag limit: Three white-tailed deer, no more than one buck and no more than two antlerless deer. (III) Antlerless deer may be taken only during the first nine days and the last nine days of the general season. Antlerless deer may be taken without an antlerless deer permit required by sec.65.27 of this title (relating to Permits) and 65.31 of this title (relating to Antlerless Mule Deer and White-tailed Deer Permits), except antlerless deer may be taken only by antlerless deer permit authorized by sec.65.26 of this title (relating to Wildlife Management Plans). (v) In Bowie (only on Corps of Engineers lands), Cass (only on Corps of Engineers lands), Harrison (only on Corps of Engineers lands), Marion (only on Corps of Engineers lands), Morris (only on Corps of Engineers lands), Nacogdoches (only on Angelina National Forest and Corps of Engineers lands), and Shelby (only on Sabine National Forest and Sabine River Authority lands) Counties, there is an open season for white-tailed deer. (I) Open season: First Saturday in November through the first Sunday in January. (II) Bag limit: Three white-tailed deer, no more than one buck and no more than two antlerless deer, antlerless by permit only. (III) Antlerless deer may be taken only during the first nine days and the last nine days of the general season. (vi) In Bastrop, Caldwell, Fayette, Guadalupe (all lands north of IH10 and all lands west of State Highway 123), Harris, Lavaca (all lands north of U.S. Highway 90A and all lands west of U.S. Highway 77), Montgomery (except on Sam Houston National Forest) and Walker (except on Sam Houston National Forest) Counties there is an open season for white-tailed deer. (I) Open season: First Saturday in November through the first Sunday in January. (II) Bag limit: Three white-tailed deer, no more than one buck and no more than two antlerless deer. (III) Antlerless deer may be taken only during the first two days and the last two days of the general season. Antlerless deer may be taken without an antlerless deer permit required by sec.65.27 of this title (relating to permits) and sec.65. 31 of this title (relating to Antlerless Mule Deer and White-tailed Deer Permits) , except antlerless deer may be taken only by antlerless deer permit authorized by sec.65.26 of this title (relating to Wildlife Management Plans). (vii) In Montgomery (only on Sam Houston National Forest) and Walker (only on Sam Houston National Forest) Counties, there is an open season for white-tailed deer. (I) Open season: First Saturday in November through the first Sunday in January. (II) Bag limit: Three white-tailed deer, no more than one buck and no more than two antlerless deer, antlerless by permit only. (III) Antlerless deer may be taken only during the first two days and the last two days of the general season. (viii) In Austin, Colorado (only in that portion of the county that lies north and east of the Colorado River), Lee, Waller, and Washington Counties, there is an open season for white-tailed deer. (I) Open season: First Saturday in November through the first Sunday in January. (II) Bag limit: Three white-tailed deer, no more than one buck and no more than two antlerless deer. (III) Antlerless deer may be taken only during the first two days of the general season. Antlerless deer may be taken without an antlerless deer permit required by sec.65.27 of this title (relating to permits) and sec.65.31 of this title (relating to Antlerless Mule Deer and White-tailed Deer Permits), except antlerless deer may be taken only by antlerless deer permit authorized by sec.65. 26 of this title (relating to Wildlife Management Plans). (ix) In Hunt County, there is an open season for white-tailed deer. (I) Open season: First Saturday in November for nine consecutive days. (II) Bag limit: Three white-tailed deer, no more than one buck and no more than two antlerless deer, antlerless deer by permit only. (D) In Henderson County, there is an open season for white-tailed deer. (i) Open season: First Saturday in November through the first Sunday in January. (ii) Bag limit: Three white-tailed deer, no more than one buck and no more than two antlerless deer, antlerless deer by permit only. (iii) Special Requirement: In that portion of Henderson County bounded on the north by the county line, on the east by U.S. Highway 175 and Tin Can Alley Road, on the south by State Highway 31, and on the west by State Highway 274, hunting, shooting, or taking of deer is restricted to shotguns with buckshot or longbow and arrows, and other game animals or game birds may be taken only with shotgun or longbow and arrows. (E) In Andrews, Bailey, Castro, Cochran, Collin, Dallam, Dallas, Dawson, Deaf Smith, El Paso, Gaines, Galveston, Grayson (except Hagerman National Wildlife Refuge), Hale, Hansford, Hockley, Hudspeth, Kaufman, Lamb, Lubbock, Lynn, Martin, Parmer, Rockwall, Sherman, Terry, Winkler, and Yoakum Counties, there is no general open season for white-tailed deer. (2) White-tailed deer: archery only open seasons, bag, and possession limits shall be as follows. (A) In Aransas, Atascosa, Bandera, Bee, Bell, Bexar, Blanco, Bosque, Brewster, Brooks, Brown, Burnet, Calhoun, Cameron, Coke, Coleman, Comal, Concho, Coryell, Crockett, Culberson, Dimmit, Duval, Edwards, Frio, Gillespie, Glasscock, Goliad, Hamilton, Hays, Hidalgo, Irion, Jackson, Jeff Davis, Jim Hogg, Jim Wells, Kendall, Kenedy, Kerr, Kimble, Kinney, Kleberg, Lampasas, LaSalle, Live Oak, Llano, McCulloch, McMullen, Mason, Matagorda, Maverick, Medina, Menard, Mills, Mitchell, Nolan, Nueces, Pecos, Presidio, Reagan, Real, Reeves, Refugio, Runnels, San Patricio, San Saba, Schleicher, Starr, Sterling, Sutton, Terrell, Tom Green, Travis, Uvalde, Val Verde, Victoria, Webb, Wharton, Willacy, Williamson, Zapata, and Zavala Counties, there is an open season during which white-tailed deer may be taken only with longbow and arrows. (i)-(ii) (No change.) (B) No person may take or possess more than one white-tailed buck deer per license year from counties, in the aggregate, listed within this subparagraph. (i) In Anderson, Angelina, Austin, Borden, Bowie, Brazoria, Brazos, Burleson, Callahan, Camp, Cass, Chambers, Cherokee, Colorado, Comanche, Delta, DeWitt, Eastland, Erath, Falls, Fayette, Fisher, Fort Bend, Franklin, Freestone, Gonzales, Gray, Grayson (only on the Hagerman National Wildlife Refuge), Gregg, Grimes, Guadalupe, Hardin, Harris, Harrison, Haskell, Hemphill, Henderson, Hood, Hopkins, Houston, Howard, Hutchinson, Jack, Jasper, Jefferson, Karnes, Kent, Lamar, Lavaca, Lee, Leon, Liberty, Limestone, McLennan, Madison, Marion, Milam, Morris, Montgomery, Nacogdoches, Navarro, Newton, Orange, Palo Pinto, Panola, Parker, Polk, Red River, Roberts, Robertson, Rusk, Sabine, San Augustine, San Jacinto, Scurry, Shackelford, Shelby, Smith, Somervell, Stephens, Taylor, Throckmorton, Titus, Trinity, Tyler, Upshur, Upton, Van Zandt, Walker, Wheeler, Wilson, Wise, Wood, and Young Counties, there is an open season during which white-tailed deer may be taken only with longbow and arrows. (I)-(II) (No change.) (ii) In Archer, Armstrong, Bastrop, Baylor, Briscoe, Caldwell, Carson, Childress, Clay, Collingsworth, Cooke, Cottle, Crane, Crosby, Denton, Dickens, Donley, Ector, Ellis, Fannin, Floyd, Foard, Garza, Grayson (except on Hagerman National Wildlife Refuge), Hall, Hardeman, Hartley, Hill, Hunt, Johnson, Jones, Kaufman, King, Knox, Lipscomb, Loving, Midland, Montague, Moore, Motley, Ochiltree, Oldham, Potter, Rains, Randall, Stonewall, Swisher, Tarrant, Waller, Ward, Washington, Wichita, and Wilbarger Counties, there is an open season during which white-tailed buck deer may be taken only with longbow and arrows. (I)-(II) (No change.) (C)-(D) (No change.) (3)-(5) (No change.) sec.65.72. Fish. (a) (No change.) (b) Bag, possession, and length limits. (1)-(3) (No change.) (4) There are no bag, possession, or length limits on game or non-game fish, except as provided in these rules. insert [graphic] (c) Freshwater devices, means and methods. (1) (No change.) (2) It is unlawful for any person to take, attempt to take, or possess fish caught by any device, means, or method other than as authorized in these rules. (A)-(E) (No change.) (F) Seine. Non-game fish only, to be used for bait only, may be taken with a seine except that carp, buffalo, freshwater drum, and tilapia may be taken for any purpose. It is unlawful for any person to use a seine: (i) which exceeds 60 feet in length. (ii)-(iii) (No change.) (G)-(M) (No change.) (N) Gill nets, trammel nets, and hoop nets. (i) It is unlawful for any person to use gill nets, trammel nets, or hoop nets in the freshwaters of this state except that: (I) non-game fish only may be taken in the following rivers and streams, exclusive of tributaries: (-a-)-(-h-) (No change.) (-i-) Yegua Creek from Somerville Dam to its confluence with the Brazos River; and (II) non-game fish only may be taken in all freshwaters of Dimmit, Gillespie, Liberty, and Zavala Counties and in all fresh waters of Jefferson and Orange Counties, except those eastward of State Highway 347 and southward of IH 10. (ii) (No change.) (d) Saltwater devices, means, and methods. (1) (No change.) (2) Only the following means and methods may be used for taking fish: (A)-(B) (No change.) (C) Trotlines. (i)-(xiii) (No change.) (xiv) Sail lines. (I) Line length shall not exceed 1,800 feet from the reel to the sail. (II) The sail and most shoreward float must be a highly visible orange or red color. (III) No float on the line may be more than 200 feet from the sail. (IV) A weight of not less than one ounce shall be attached to the line not less than four feet or more than six feet shoreward of the last shoreward float. (V) Reflectors of not less than two square inches shall be affixed to the sail and floats and be visible from all directions for sail lines operated from 30 minutes after sunset to 30 minutes before sunrise. (VI) There is no hook spacing requirement for sail lines. (VII) No more than one sail line may be used per fisherman. (VIII) Sail lines may not be used by the holder of a commercial fishing license. (IX) Sail lines must be attended at all times the line is fishing. (X) Sail lines may not have more than 30 hooks and no hook may be placed more than 200 feet from the sail. (D) Perch traps. (i) -(ii) (No change.) (iii) Perch traps must be marked with an orange floating visible buoy not less than six inches in height and six inches in width, or with an orange plastic bottle of not less than one gallon in size. The buoy must have a gear tag attached. (e) (No change.) sec.65.78. Crabs. (a) Bag, Possession and Size limits. (1) -(2) (No change.) (3) It is unlawful for any person to: (A)-(B) (No change.) (C) Remove the left claw from a stone crab (each retained claw must be at least 2 inches long); (D)-(E) (No change.) (b)-(c) (No change.) (d) Devices, Manners, and Methods. (1) (No change.) (2) Only the following means and methods may be used for taking crabs: (A) (No change.) (B) Crab trap. It is unlawful for any person to: (i)-(iii) (No change.) (iv) fish a crab trap for commercial purposes that is not marked with a white floating buoy not less than six inches in height and six inches in width or with a white plastic bottle of not less than one gallon size attached to the crab trap; (v) fish a crab trap for non-commercial purposes without a white, floating buoy not less than six inches in height and six inches in width or with a white plastic bottle of not less than one gallon size with the buoy or bottle having a two-inch wide center stripe of contrasting color to the buoy attached to the crab trap; (vi) fish a crab trap in public waters without a valid gear tag that has a date that is more than 30 days old attached to the buoy or plastic bottle; (vii) (No change.) (C)-(D) (No change.) This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on June 20, 1991. TRD-9107360 Paul M. Shinkawa Director, Legal Services Texas Parks and Wildlife Department Effective date: September 1, 1991 Proposal publication date: April 16, 1991 For further information, please call: 1-800-792-1112, ext. 4974 or (512) 389-4974 Subchapter H. Type I Wildlife Management Areas, Hunting and Fishing 31 TAC sec.sec.65.190-65.194 The Texas Parks and Wildlife Department adopts amendments to sec.sec.65. 190-65.194, concerning the Type I Wildlife Management Areas Hunting and Fishing Proclamation, without changes to the proposed text as published in the April 16, 1991, issue of the Texas Register (16 TexReg 2199). The amendments as adopted were necessary to add new areas, provide new definitions, clarify rules, revise criteria for conducting public hunts on designated units of the state park system, restrict certain activities considered hazardous to the public or harmful to the resource, and expand hunting opportunity. The adopted rules provide for harvest of wildlife resources consistent with recognized wildlife management tenets. The rules as adopted provide for sound management of wildlife resources and permit additional public hunting opportunity based upon scientific studies and investigations. Comments concerning the proposed rules were received in the form of letters, telephone calls, and testimony at the public hearing. Comments primarily concerned the conduct of public hunts on state parks with three persons supporting such activity and 27 persons opposed. Two commenters supported the proposed designation of muzzleloading only deer hunts and one commenter requested designation of additional archer only hunts on state areas. The Audubon Council of Texas opposed hunting of any kind in state parks. A regional representative of the National Audubon Society stated that the organization did not object to hunts on state parks for management purposes, but was opposed to hunts on state parks conducted primarily for recreation. The representative suggested that the commission provide more guidance in selecting individual state parks to be hunted and allow for public input prior to the final decision to avoid conflict with use of state parks for conventional park purposes. The Lone Star Chapter of the Sierra Club opposed recreational hunts on state parks and requested that the revised criteria for conducting hunts on state parks not be approved. The representative said that population control should be done by the most efficient means available and also stated that there was a need to provide some non-hunted areas for the public to enjoy. Fund for Animals conveyed by telephone the organization's opposition to hunting of any type and especially public hunts on state parks. Sportsmen's Conservationists of Texas supported the proposed amendments as they would provide for improved management of wildlife resources and increased public hunting opportunity. Lone Star Bowhunters Association expressed a desire of the provision of additional archery only hunts on state areas. The Parks and Wildlife Commission disagreed with several of the comments because they were judged not to be compatible with proper resource management on departmental areas. Public hunts on state parks are conducted to properly manage the wildlife resource by removing surplus animals and maintaining populations under control so that damage to natural habitat or native species does not occur. Public hunts are the most cost efficient method available to the department to remove surplus animals. The taking of wildlife resources on state parks must meet the specific criteria of the Texas Parks and Wildlife Code, Chapter 62, Subchapter D, and sec.65.190(7)(A)-(C) of this proposal in order to be performed. The commission after hearing and reviewing the public's testimony and staff's response to the testimony adopted the proposed amendments unchanged. The rules as adopted are reasonable and consistent with the commission's authority to manage wildlife resources along sound biological lines. The rules have as their factual basis scientific studies and investigations which track trends in wildlife resource populations and assess factors affecting those populations. These studies incorporated by reference, are available for public inspection at the Texas Parks and Wildlife Department, Headquarters Complex, 4200 Smith School Road, Austin, Texas 78744, 1-800-792-1112, extension 4770 or (512) 389-4770. The amendments are adopted under the Texas Parks and Wildlife Code, Chapter 81, Subchapter E, which provides the Texas Parks and Wildlife Commission with authority to regulate seasons, number, means, methods, and conditions for taking wildlife resources on wildlife management areas; with respect to designated state parks, the commission is acting under the authority of the Texas Parks and Wildlife Code, Chapter 62, Subchapter D, which provides authority as sound biological management practices warrant to prescribe seasons, number, size, kind, and sex and the means and method of taking any wildlife. This agency hereby certifies that the amendments as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on June 21, 1991. TRD-9107416 Paul M. Shinkawa Director, Legal Services Texas Parks and Wildlife Department Effective date: September 1, 1991 Proposal publication date: April 16, 1991 For further information, please call: 1-800-792-1112, extension 4770 or (512) 389-4770 Part III. Texas Air Control Board Chapter 111. Control of Air Pollution from Visible Emissions and Particulate Matter 31 TAC sec.sec.111.124, 111.125, 111.127, 111.129 The Texas Air Control Board (TACB) adopt new sec.111.124 and amendments to sec.sec.111.125, 111.127, and 111.129 with changes to the proposed text as published in the December 21, 1990, issue of the Texas Register (15 TexReg 7421). A new sec.111.124 and amendments to sec.sec.111.125, 111.127, and 111.129 are intended to regulate facilities, such as boilers, industrial furnaces, and cement kilns, which use hazardous waste from off-site sources as fuel on a commercial basis and are not regulated by the United States Environmental Protection Agency (EPA) under Subpart O of 40 Code of Federal Regulations (CFR) 264 or 265. The new sec.111.124 establishes emission and operational requirements for commercial combustion facilities which burn hazardous wastes a fuel. The amendments to sec.sec.111.125, 111.127, and 111.129 add testing, monitoring, and operational requirements for those facilities and include some minor editorial changes. Public hearings were held on January 16, 1991, in Austin and New Braunfels; on January 17, 1991, in Midlothian; and on March 6, 1991, in Austin. Testimony was received from 42 commenters during the comment period which closed March 6, 1991. Two commenters supported the proposal. They were the City of Houston Department of Health and Human Services and State Representative Keith Oakley. Forty commenters opposed the proposal. They were the Cement Manufacturers Association of Texas, Inc. (CMAT); Lafarge Corporation and Systech Environmental Corporation; the City of New Braunfels; the Lone Star Chapter of the Sierra Club; EWK Consultants, Inc.; Texans United and Greenpeace; BFI Medical Waste Systems; E.I. du Pont de Nemours & Company; Henry & Kelly, Attorneys at Law; Texas-New Mexico Power Company; EPA; Southwestern Public Service Company; Sterling Chemicals, Inc.; BoxCrow Cement Company, L.P.; Southdown, Inc.; North Texas Cement Company; and 24 individuals. Overall, the commenters responded in a variety of ways to the proposed rules. Some commenters addressed the specific provisions in the proposal, others compared the proposal with recently published federal rules, and several addressed issues regarding the agency's permit review process. The following discussion initially addresses the more general comments, and, then, addresses the comments which deal with specific parts of the proposal. The proposed rules generated a great amount of interest, both among the general public and the regulated community, with regard to regulating those combustion units which have been permitted to burn hazardous waste as fuel. A large number of the commenters who submitted oral and/or written testimony expressed concern with the issuance or cancellation of permits for specific combustion units or for cement kilns in general. The proposed rules are intended to regulate a particular type of permitted combustion facility statewide and do not involve the issuance of permits to individual facilities or the possibility of removing previously issued permits. Much of the testimony received at the New Braunfels and Midlothian hearings involved arguments against the permitting of such facilities. This testimony is not germane to the proposed rules and will not be discussed further. Several commenters suggested that commercial combustion facilities which burn hazardous waste as fuel be considered incinerators and that they be regulated as such. Currently, two cement kiln facilities in Texas are permitted by the TACB to burn hazardous waste. Kilns are industrial furnaces deigned to use several fuels to heat mineral-bearing materials in one step of the cement manufacturing process, while incinerators are designed solely to destroy wastes. Even though the two may appear identical superficially with regard to air contaminant emission, the designs of the units necessitate somewhat different regulations to control air pollution. Several commenters, all members of the regulated community, requested that the TACB not adopt regulations for commercial facilities which burn hazardous waste as fuel and, rather, adopt by reference the permitting rules for boilers and industrial furnaces (BIF) recently published by the EPA. The most notable of this testimony was submitted by the Cement Manufacturers Association of Texas and by Lafarge Corporation and Systech Environmental Corporation. These two commenters analyzed EPA's BIF rules in the greatest of detail, contrasting them with the TACB proposal and promoting EPA's rules as their preferred regulatory document. The preamble to the TACB proposal never made any mention of the EPA rules and did not solicit comments regarding the possibility of adopting any or all of the federal rules. The EPA rules were designed to bring BIF units into the federal permitting system and, for the most part, are not structured appropriately for inclusion in the TACB rules. The EPA rules are more lenient than the TACB proposal with respect to standard for particulate and hydrogen chloride (HCl), with respect to implementation and compliance schedules, and with respect to exemptions. The TACB rules provide a more stringent standard for particulate matter and a more stringent, technology-based standard for HCl. The TACB rules do not exempt facilities from testing or other requirements, and they provide shorter compliance schedules and greater monitoring requirements. Furthermore, the Texas Water Commission (TWC) is the only state agency that has statutory authority to adopt EPA's BIF rules. The proposed TACB rules are intended to be an enforcement tool, independent of any conditions placed in a state or federal permit. In addition, testimony submitted by EPA contained neither a discussion of the federal rules nor a recommendation for the state to defer to those rules. EPA's comments treated the proposed rules as independent regulatory language. In particular, the following issues were raised by CMAT. EPA's BIF rules are more developed than the TACB proposal and, unlike the TACB proposal, followed five years of intensive scientific investigation, literature reviews, much public comment, and consultation with various experts. The TACB concedes that the BIF rules are more comprehensive and complicated. The TACB rules address a small subset of the facilities regulated by the BIF rules; that is, commercial burners. The simplicity of the TACB rules is not necessarily negative, and, in fact, the TACB rules are in many respects similar to the BIF rules. However, the BIF rules contain at least five exemption scenarios that would allow hazardous waste burning facilities to avoid compliance with various sections of the BIF rules. The TACB rules have no such exemptions because such exemptions are not in the best interests of effective air pollution control. The BIF interim status standards accomplish the same protections of public health as do the TACB rules. The staff disagrees. EPA's interim status allows facilities to delay compliance testing a significant number of months and destruction removal efficiency testing can be delayed indefinitely. There- fore, the interim status standards do not protect public health to the same degree as do the proposed TACB rules, which establish definite deadlines. BIF is extremely protective of health and the TACB rules may or may not be health protective. The staff disagrees. The BIF rules set limits of 100 parts per million (ppm) for carbon monoxide (CO) 20 ppm for hydrocarbons (HC) (in-stack concentrations). The TACB proposal would set standards for CO and HC based upon levels measured in the trial burn. These levels set by the TACB would be subject to the same health impact analysis as would any other emissions from a permitted facility. Therefore, the TACB approach will be more health protective overall. An oxygen (O2) standard is not needed because CO and HC standards indicate when 02 is insufficient for complete combustion. Further, the 02 standard may actually cause harm because it may require additional excess air that would increase total flow of combustion gases to the atmosphere and decrease effi- ciency of the process. The staff disagrees. An 02 standard is necessary to assure minimum combustion efficiency. For example, low oxygen levels are suspected as the cause of confirmed odor nuisance conditions in Midlothian. Regarding excess air in cement kilns, it is true that the higher the excess air, the lower the production capacity of the kiln. However, the opinion of the staff is that the air quality benefits of the 02 standard far outweigh the slightly lowered production capacity. The BIF rule standards for metals, chlorine (C12), and HCl are extremely well-developed, while the TACB proposal fails to provide any such standards The TACB proposal is parallel, if not identical, to the BIF rules for metals and C12. The TACB proposal exceeds the BIF rules for HCl since a technology-based, minimum removal efficiency and/or maximum allowable emission rate is required. The TACB proposal contains no criteria to ensure adequate operation of pollution control devices. While the rules do not specifically address operation of pollution control devices, these requirements are contained in permit conditions for all affected facilities. The BIF rules provide for a much more thorough automatic waste feed (AWF) cutoff because the TACB proposal excludes several important parameters that the BIF rules require to be tied in to the AFW system. The BIF rules are not necessarily more thorough than the TACB proposal since the TACB proposal allows the inclusion of "any other operating limit determined necessary by the executive director" to be connected to the AWF shutoff. In other words, under the TACB proposal, any appropriate process parameter can be connected to the AWF system and can, in fact, go beyond the scope of the BIF rules if determined to be necessary by the executive director. General interim status standards are not mentioned in the TACB proposal. The majority of the BIF general interim status standards deal with issues such as site security, financial assurance, training, and emergency preparedness. While the staff feels that these issues are important, they do not directly relate to air pollution control. What evidence does the TACB have to suggest that EPA was wrong to conclude that 18 months are required to implement necessary changes to comply with BIF rules? The staff believes that six months is an adequate period to allow for trial burn completion. This is consistent with EPA New Source Performance Standards testing requirements. Also, based on TACB experience, the staff believes that 12 months, as proposed, is sufficient time to amend or revise the permits for the two existing Texas plants in order to establish the health-based limits for the toxic air emissions. Some commenters suggested that the proposal include provisions to regulate the transportation, storage, and handling of hazardous waste fuel, to regulate the handling and disposal of ash and captured particulate matter, and to require contingency plans for fuel spills. To the extent that they are regulated, these matters are subject to the rules of the TWC. The proper removal and loading of ash and captured particulate matter usually is addressed in the unit's permit conditions which specify that materials must be handled in a manner to prevent particles from becoming airborne. One commenter contended that concrete products made with cement from a kiln which burns hazardous waste should be labeled "made with hazardous waste." The TACB does not have the statutory authority or responsibility to regulate product labeling. The opening sentence of sec.111.124 establishes the applicability of the section to commercial combustion facilities. Three commenters requested clarification of the term "commercial" with relation to off-site sources. Two other commenters recommended that applicability include on-site activities of companies which burn waste they produce. The intent of this rule is to apply only to BIF units which receive and burn hazardous wastes from other companies as fuel to recover energy. The commercial transaction assumes transport of the waste/fuel to the combustion unit from some other company's property, a change of ownership of the waste/fuel, and a direct or indirect financial benefit for disposal of the waste/fuel. Companies which produce waste and use it as fuel in their own furnaces or boilers are not involved in this process. In addition, waste mixtures received from off-site sources may vary in content and mixture from one shipment to the next, and once burned, can produce emissions just as varied. Companies which burn their own waste have a much more consistent waste mixture which will result in more consistently controlled emissions. Commercial burning needs a much higher degree of regulatory control. The wording of the sentence has been modified for clarification of both issues raised by the commenters. A particulate matter limit of 0.08 grains per dry standard cubic foot (g/dscf) in the stack gas was proposed in sec.111.124(1). Several commenters recommended particulate matter limits, ranging from 0.05 g/dscf down to 0.008 g/dscf. In addition, two commenters objected to inclusion of particulate matter caught in the back half (impinger) of the particulate sampling device. The staff acknowledges that some individual permits for BIF units may contain somewhat lower particulate limits, but that the proposed limit is a reasonable level for statewide enforcement, particularly for cement kilns. Inclusion of all particulate caught in the sampling device, both front and back halves, provides more sampling accuracy, more stringency in the particulate limit, and consistency with stack sampling of hazardous waste incinerators. One commenter recommended that the concentration limit for particulate be replaced with a mass emission rate stated, for example, in pounds per hour for the waste gas stream. The commenter's reason was that large stacks will emit greater total amounts of particulate under a specified concentration limit than small ones. The proposed concentration limit is a conventional method of regulating large-volume emissions and is protective of public health. It sets a single limit applicable to all stacks, rather than a range of emission rates which vary with stack size and parameters, as was suggested by the commenter. Another commenter suggested that the correction to 7.0% oxygen (O2) be allowed only if the post-combustion 02 levels exceed 7.0% to discourage the operator from lowering 02 levels during operations. The correction to 7.0% 02 is consistent with industrywide calculation methods and with regulatory calculations for similar types of units. The 7.0% level represents a standard point of reference for calculation and is not an operational specification. A consultant contended that cement kilns are not adequately equipped to handle metallic and other particulate emissions from the burning of hazardous waste as fuel. The staff disagrees since electrostatic precipitators (ESPs) and baghouses have proven to be effective control devices for those emissions. Several commenters, including EPA, suggested the addition of an opacity limit of 5.0% or 10%. An opacity limit was not included in the proposal; however, the opacity limits for visible emissions contained in sec.111.111 are applicable and adequately stringent. The EPA commenter indicated that the 30% opacity limit in sec.111.111 for facilities built before 1972 appears to be incompatible with the proposed mass particulate limit, 0.08 g/dscf, in sec.111. 124. The commenter argued that a unit which operates at 30% opacity will surely exceed the 0.08 g/dscf particulate limit. The TACB staff does not believe that there is sufficient evidence, at this time, to demonstrate such 100% correlation between 30% opacity and mass emissions greater than 0.08 g/dscf. The proposal does not present a choice between an opacity limit and a particulate limit. The particulate limit mut be met, even if the resulting opacity, by necessity, is lower than 30%. Several comments were received regarding the HCl removal efficiency proposed in sec.111.124(2). A cement company recommended that the requirement for an HCl control device be deleted, contending that the alkaline content of a kiln causes a reduction in HCl of more than 95%. Other commenters suggested HCl minimum removal efficiencies (MREs) much higher than 95%. The MRE computation will be based on the difference between the total chlorides entering the unit from all sources and the chloride in the hydrogen chloride emitted from the unit, expressed as a percentage of the incoming chloride. The staff supports a 95% MRE based on the results of EPA sampling of cement kilns which showed an MRE range of 90-99% and the concept of allowing the kiln operator the option of achieving the 95% MRE with or without a control device. The wording of paragraph (2) has been modified to provide that option. An individual recommended that the rule prohibit any increase in particulate and vaporized liquids from units which switch fuels. The commenter appears to assume that a switch from a conventional fuel, such as coal, to hazardous waste as fuel will result in particulate and "vaporized liquids" emissions increases. The staff finds no basis for this assumption. Paragraph (3) of sec.111.124 requires a destruction and removal efficiency (DRE) of at least 99.99% for each principal organic hazardous constituent (POHC) in each waste feed. An individual recommended that the rule include a specific plan to control "transient or puff" emissions which could lower the DRE below 99. 99%. These momentary high readings, or "spikes," are infrequent, difficult to prevent, and not readily quantifiable, but are included with all monitored data to be averaged for a one-hour period. The same commenter recommended that the DRE level be determined based on the "most toxic member" of the dioxin/furan families being burned. Dioxins and furans are manufacturing contaminants and, also, are products of combustion present in emissions from boilers and industrial furnaces firing a variety of fuels. Dioxin- and furan-containing wastes (EPA Hazardous Wastes F020, F021, F022, F023, F026, and F027) are not permitted in the waste feed for BIF units in Texas, so a DRE is not applicable. The proposed rule requires enforceable emissions limits for dioxins/furans and chlorine generated from the combustion process as "toxic products of incomplete combustion" under sec.111.124(5). Another commenter suggested that the 99.99% DRE be required for each class of fuel, with a stack test for each class burned, and that an acid gas scrubber be used to remove chlorinated compounds. A 99.99% DRE is provided for in paragraph (3) of sec.111.124, a stack test representative of each class is required in paragraph (4), and a scrubber would be specified, as needed, in a permit. The POHCs selected under sec.111.124(3) may be used to qualify more than one class of compounds in the waste stream. A third commenter suggested a 99.9999% DRE for the trial burn so that a 99.99% DRE could be assured during regular operations. The staff believes that the requirement to use the trial burn to establish operating limits for subsequent operations, under s111.124(4), is sufficient to ensure a consistent DRE of 99.99%. A 99. 99% DRE is consistent with the requirements of the EPA BIF regulations in Subpart H and incinerator regulations in Subpart 0. EPA requested the addition to sec.111.124 of a requirement for minimum temperature and residence time for all combustion gases. BIF units, particularly cement kilns, have high combustion temperatures and long residence times which are adequate to guarantee appropriate destruction of hazardous waste. These two functions are addressed on a case-by-case basis in individual permits and all facilities which burn hazardous waste as fuel must have permits. The requirement for a trial burn was proposed in sec.111.124(4). Several commenters seemed to misunderstand the overall principle and purpose of the trial burn. Others objected to specifications for the performance of a burn established by EPA at 40 CFR 270.62 or for the operating limits proposed in paragraph (4). The purpose of a trial burn is to test the operating capabilities of the unit and to establish performance characteristics which can be met on a regular basis. The trial burn presents an opportunity for the unit operator to try different operational combinations in order to bring emissions within established limits. The operator may choose compound concentrations in any quantity, but is not required by the proposed rule to test simultaneous maximum concentrations of all compounds, as was interpreted by one commenter. After those combinations are approved, they define the operational control needed in all future burning. In response to one question about the TACB's role at a trial burn, the TACB will approve the burn protocol and will have technical staff present to observe and quality assure the procedure. Regarding suggested changes to the operating limits to be monitored during the trial burn, the staff supports the items proposed in subparagraphs (A)-(G) as essential parameters to be observed during a trial burn and finds no basis for any reduction of the list. Of particular value is the provision in subparagraph (G), which allows the agency to set additional operating limits on a case-by-case basis. Regarding commenters' concerns with the federal specifications for trial burns, any suggestions would have to be presented to EPA. EPA requested the addition of a requirement for EPA approval of any changes or substitutions in future burning subsequent to a trial burn to enhance federal enforcement of the state rule. Placement of such a requirement in the rule would not be appropriate or necessary and the additional paperwork resulting from such a requirement would be burdensome on the unit operator. EPA will obtain enforcement ability once the rule is approved for inclusion in the State Implementation Plan. If necessary, some procedural agreement on enforcement could be developed without involving a change in the rule. The word "prior" has been deleted from paragraph (4) to clarify that agency approval of changes must occur before changes are made, but not necessarily during the original trial burn. Several commenters expressed concern that day-to-day combustion process variations may create conditions different from those of the trial burn and cause a violation of the regulation or the conditions of the unit's permit. The unit operator should design the trial burn plan to encompass all anticipated operational variations. Those which pass the test will be included in the unit's scope of allowable operations, but others will subject the company to enforcement action. Section 111.124(5) restricts the burning of waste containing chlorinated compounds and certain metals, unless the agency has established enforceable emissions limits for the metals present in the waste feed and for toxic products of incomplete combustion (PICs). One commenter asked how, when, and at what levels the agency would set enforceable emissions limits. These limits in all cases are specified in the unit's permit and must be determined on a case-by-case basis. A second commenter asked which PICs would have limits. Certain polychlorinated dibenzo-p-dioxins, certain polychlorinated dibenzofurans, total hydrocarbons (which include all organic PICs), and chlorine gas resulting from the burning of chlorinated compounds must have limits in the permit. The same commenter requested the addition of nickel and selenium to the list of metals in paragraph (5). These metals, also not chosen to be addressed by EPA's BIF rules, will be included in permitting on a case-by-case basis. A third commenter recommended before-and-after stack monitoring if any chlorinated compounds are burned. The permit limit established for any toxic PIC will carry a requirement for appropriate controls and/or limits in the use of chlorinated fuel. As stated in the rule, the enforceable limits for metals and toxic PICs will be designed to protect public health. An individual recommended that sulfur-containing wastes and wastes containing the other halogens (fluorine, bromine, and iodine) be included with chlorine in the provisions of sec.111.124(5). Sulfur compound emissions, whether from burned coal or from burned waste, are addressed in a unit's permit. Fluorine, bromine, and iodine are not typically present in waste in sufficient quantities to warrant inclusion in the section, but are addressed in a unit's permit as necessary. Section 111.124(8) requires an automatic waste feed cutoff system if approved operation limits are not met. One commenter pointed out that the paragraph does not specify the conditions under which the unit may resume the burning of waste. The staff recognizes the point of concern to the commenter and has added additional wording to state the conditions needed for continued operations. One commenter recommended a complete ban on waste burning during start-up and shutdown. Section 111.124(7), as proposed, is worded to prohibit the introduction of waste into the unit during start-up or shutdown unless the approved operational limits are being met. Section 111.124(8) requires control methods for fugitive emissions from the unit. No substantive comments were received concerning this paragraph. Section 111.124(9) specifies compliance dates for the first eight paragraphs of sec.111.124 with regard to currently permitted facilities. Two commenters remarked that having existing facilities meet the proposed compliance dates is not possible since one has expired and the other is only a short time away. The staff agrees with the commenters and has extended the compliance dates to December 31, 1991 and July 31, 1992, respectively. Facilities permitted in the future will have specific compliance dates included in the permit conditions. The staff has added wording to paragraph (9) to clarify this difference. Section 111.125 specifies testing requirements for both incinerators and for commercial combustion facilities. A cement company noted that this section, and sec.111.127 and sec.111.129, seem to be much more appropriate for incinerators than for cement kilns. The staff acknowledges that these sections may appear that way, but, that they are quite applicable to both types of facilities. In order to clarify the wording of the three sections, the staff has added reference to commercial combustion facilities, where needed, to provide more of a distinction between requirements for incinerators and for commercial combustion facilities. The staff has corrected a typographical error in sec.111.125(5). "SW-486" should read "SW-846" at the end of the paragraph. Also, by agreement with the staff of the Texas Register Division of the Secretary of State's office, new subtitles have been added to paragraphs (5) and (6) for consistency with the other paragraphs in the section. EPA requested that the TACB remove from paragraph (6) of s111.125 the words "equivalent test methods" and replace them with wording to allow only "minor modifications" to test methods. No substantive changes were proposed for paragraph (6). Changes suggested by the commenter would need to be considered in future rulemaking. Section 111.127 was amended to add monitoring requirements for commercial combustion facilities. Ambient monitoring was recommended by several commenters to track specific contaminant emissions from commercial combustion facilities which burn hazardous waste as fuel. The agency conducts site-specific ambient monitoring on a case-by-case basis. However, permanently sited ambient monitoring is a costly part of the agency's operations which must be planned and considered within the budget and legislative appropriation processes. Further, any requirement for individual facilities to purchase and maintain ambient monitors would be beyond the scope of this rulemaking. EPA submitted two new subsections to be added to sec.111.127, which would require unit operators to conduct daily inspections of equipment and frequent tests of the automatic waste feed cutoff system. The suggested requirements appear to have merit, but would need to be considered in future rulemaking. Two commenters recommended a requirement for stack sampling each six months. Such a requirement is not reasonable and is unnecessary for enforcement purposes. Continuous emissions monitoring, as specified in s111.127(c), is designed to detect abnormalities and to verify normal operations. An individual contended that night burning should be prohibited because observers are unable to conduct opacity readings in the dark. The continuous emissions monitor for opacity is capable of nighttime readings. The same commenter recommended that radio-active wastes be banned from the waste feed. Radioactive wastes are heavily regulated by at least two state agencies and the United States Nuclear Regulatory Commission. Such materials are subjected to highly controlled disposal procedures and are not available for blending with combustible wastes. One commenter requested clarification of the applicability of sec.111.127(c) to medical waste incinerators with regard to continuous monitoring of total hydrocarbons (THC). The provisions of sec.111.127(c) apply to commercial combustion facilities which burn hazardous waste as fuel. Monitoring requirements for medical waste incinerators are included in sec.111.127(a). A cement company suggested that combustion temperatures be indicated by some appropriate indicator, such as product quality, rather than by direct temperature measurement. The commenter contended that the high combustion temperatures (3,200-3,600 degrees Fahrenheit) in a kiln make direct measurement impossible and that alternative methods, such as optical pyrometers, have proven to be unreliable. The use of a subjective evaluation such as product quality is not enforceable as a measurement of temperature even though the preferred "quality" of the product may be highly correlated with temperature. Electronic and optical method are available which can accomplish the measurement of temperatures typically found in a kiln. Four commenters argued that any upsets should be reported to local government officials and neighbors and that monitoring and reporting records should be available to the public. All monitoring and upset reports are available to the public at the TACB regional offices. All records, except confidential information, relating to specific permits are available from the TACB. In addition, the board recently adopted amendments to sec.101.6, concerning Reporting Requirements for Major Upsets, designed to strengthen the agency's ability to obtain comprehensive information following a major upset. As a matter of practice, TACB regional offices inform local officials of upsets which may impact nearby public areas. A consultant recommended a monitoring specification for negative 0 pressure and temperature in the combustion zone and questioned the correction of readings to 7.0% 02- A requirement for negative pressure is included in sec.111.124(1), and a minimum temperature specification, as explained earlier, is unnecessary for most units. Also, as mentioned earlier, a correction to 7.0% O2 through the calculation formula simply standardizes the results of monitoring. No substantive comments were received on proposed changes to sec.111.129. A commenter pointed out that the proposal lacked penalties and other enforcement measures. Normal TACB enforcement procedures apply to commercial combustion facilities and include, among other things, notices of violation and penalties for rule violations. A consultant proposed that commercial combustion facilities be inspected regularly by private contractors with expenses paid by the facility owner, and another commenter suggested having inspectors stationed at each facility site. The TACB, EPA, and authorized local agencies hold the statutory responsibility and authority to maintain an enforcement staff and to conduct air quality inspections. These responsibilities cannot be delegated to private contractors, and the TACB has neither the statutory authority nor the appropriated funds to station inspectors permanently on company property. A great number of the comments received addressed issues which are beyond the scope of this rulemaking. In addition to those mentioned previously, a significant number related to the agency's permitting activities and the provisions normally specified as permit conditions. Some of those issues were the use of best available control technology, the injection of fuel into the hot end of the combustion unit, analysis of the waste feed, health effects review and risk assessment, dispersion modeling, minimum temperature and residence times, the percentage of waste burned with relation to all fuels, and operation/contingency plans. Other issues regarded activities not conducted or regulated by the TACB and included compliance history review, environmental risk assessment, distance limits, the training of industrial employees, and planning for transportation, handling, and spillage of wastes. These amendments are adopted under the Texas Clean Air Act (TCAA), sec.382.017 Texas Health and Safety Code (Vernon 1990), which provides the TACB with the authority to adopt rules consistent with the policy and purposes of the TCAA. sec.111.124. Burning Hazardous Waste Fuels in Commercial Combustion Facilities.em>No person shall cause, suffer, allow, or permit the burning of hazardous waste as fuel for energy recovery in any facility that accepts hazardous waste as fuel from off-site sources which involves a commercial transaction or a change in ownership of the waste and is not regulated by the United States Environmental Protection Agency at 40 Code of Federal Regulations (CFR) Part 264 or 265, Subpart 0, unless the following requirements are met. (1) Particulate emissions shall not exceed 0.18 gram per dry standard cubic meter or 0.08 grain per dry standard cubic foot, to include particulate matter caught by impinger train, when corrected for 7.0% oxygen in the stack gas according to the formula specified in sec.111.121(1) of this title (relating to Single-, Dual-, and Multiple-Chamber Incinerators). (2) Hydrogen chloride (HCl) emissions greater than 1.8 kilograms (four pounds) per hour shall be controlled with a minimum removal efficiency of 95%. (3) Destruction and removal efficiency (DRE) shall be at least 99.99% for each principal organic hazardous constituent (POHC) in each waste feed. The POHCs shall be selected according to the method at 40 Code of Federal Reuglations Part 264.342 and shall be approved in advance by the Executive Director. DRE shall be determined using the following formula: (4) The facility shall perform a trial burn according to the requirements listed at 40 Code of Federal Regulations Part 270.62 to determine compliance with paragraphs (1)-(3) of this Section. The operating conditions and waste feed composition during a trial burn demonstrating compliance with the requirements of paragraphs (1)-(3) of this section shall be maintained as limits for subsequent operation for the facility. Substitution of new hazardous waste constituents and increases in the concentration of any hazardous waste constituent compared to the conditions existing during the trial burn will require retesting, unless such change or substitution has received written approval from the executive director. The operating limits shall be monitored continuously and shall include the following: (A) maximum carbon monoxide level in the exhaust gas of the combustion device; (B) minimum oxygen level in the exhaust gas of the combustion device; (C) maximum waste feed rate to the combustion device; (D) minimum combustion temperature; (E) an appropriate indicator of combustion gas velocity; (F) maximum total hydrocarbons in the exhaust gas of the combustion device; and (G) any other operating limit determined necessary by the Executive Director to ensure that the requirements of paragraphs (1)-(3) of this section are met. (5) The facility shall not burn any chlorinated hazardous waste or hazardous waste containing any of the following metals, unless the Executive Director has established an enforceable emission limit designed to protect public health for each metal and for toxic products of incomplete combustion. (6) The facility shall maintain an automatic waste feed cutoff sytem which shall activate if the facility is not operating within the limits determined in accordance with paragraph (4) of this section and shall remain activated until the facility is operating within the limits determined in accordance with paragraph (4) of this section. (7) During tart-up or shutdown of the facility, hazardous waste fuels must not be fed into the combustion zone unless the facility is operating within the limits determined in accordance with paragraph (4) of this section. (8) Fugitive emissions from the combustion zone shall be controlled by maintaining the combustion zone pressure lower than atmospheric pressure or by keeping the combustion zone totally sealed to prevent fugitive emissions. (9) Compliance with the requirements of paragraphs (1)-(4) and (6)-(8) of this section shall be as soon as practicable, but no later than December 31, 1991. Compliance with paragraph (5) shall be as soon as practicable, but no later than July 31, 1992. This paragraph applies to facilities burning hazardous waste as fuel prior to the effective date of this section. Facilities permitted after that date will be subject to compliance dates specified by permit. sec.111.125. Testing Requirements. Upon the request of the executive director or a designated representative of the Texas Air Control Board, or a representative of the United States Environmental Protection Agency, or the local air pollution control agency, compliance with sec.111.121 of this title (relating to Single-, Dual-, and Multiple-Chamber Incinerators) and sec.111.123 of this title (relating to Medical Waste Incinerators) shall be demonstrated by application of the test methods included in paragraphs (1)-(4) of this section, as appropriate. Compliance with sec.111.124 of this title (relating to Burning Hazardous Waste Fuels in Commercial Combustion Facili- ties) shall be demonstrated by application of the test methods included in paragraphs (1)-(5) of this section. Test reports-prepared to demonstrate compliance with sec.111.124 shall clearly document the operating conditions and waste feed composition existing during the test. (1)-(4) (No change.) (5) Destruction and removal efficiency. Destruction and removal efficiency, measuring principal organic hazardous constituent (POHC) mass feed rate to the commercial combustion facility, measuring the mass emission rate of POHC in the stack gas, and analyzing the POHC sample obtained from the stack gas, using the following test methods, respectively: Method 8240 of SW-846 "Test Methods for Evaluating Solid Waste," Method 0030 (VOST) of SW-846, Method 5040 of SW-846. (6) Alternative methods. Equivalent test methods approved by the executive director. sec.111.127. Monitoring Requirements. (a) (No change.) (b) The owner or operator of an incinerator or commercial combustion facility subject to the requirements of sec.sec.111.121; 111.123; 111.124; and 111. 125 of this title (relating to Single-, Dual-, and Multiple-Chamber Incinerators; Medical Waste Incinerators; Burning Hazardous Waste Fuels in Commercial Combustion Facilities; and Testing Requirements), respectively, shall maintain written records of all monitoring and testing results, hours of operation, and quantity of waste burned. Such records shall be retained for a period of not less than two years before being destroyed. Such records shall be made available upon request by authorized representatives of the TACB, United States Environmental Protection Agency (EPA), or local air pollution control agencies. Alternately, for facilities other than commercial combustion facilities, in the absence of records verifying waste quantities burned, the design capacity of the unit will be used to determine applicable controls. (c) The owner or operator of a commercial combustion facility subject to the requirements of sec.111.124 of this title (relating to Burning Hazardous Waste Fuels in Commercial Combustion Facilities) shall install, calibrate, maintain, and operate a monitoring device that continuously measures and records the waste feed rate, combustion gas velocity, opacity, oxygen content, carbon monoxide (CO) content, total hydrocarbon (THC) content, and temperature of the exhaust gas of the combustion device. CO and THC shall be corrected to 7.0% oxygen, reported on a dry basis, and measured in the same location. The oxygen, THC, CO, combustion gas velocity, and opacity devices must be certified for use following procedures outlined in 40 Code of Federal Regulations Part 60. Such certification must be approved by the Executive Director or his designated representative of the TACB. Compliance determinations may be made based on results of monitoring with a certified monitor. (d) Upon the request of the executive director or a designated representative of the TACB, EPA, or local air pollution control agency, the owner or operator of an incinerator which is exempt from the requirements specified in sec.111.121 of this title (relating to Single-, Dual- and Multiple-Chamber Incinerators) and whose incinerator has the capacity to burn more than 100 pounds per hour shall maintain written records of the amount of waste burned. Such records shall be retained for a period of not less than two years before being destroyed. sec.111.129. Operating Requirements. The owner or operator of incinerators or commercial combustion facilities subject to the requirements of sec. s111.121; 111.123; 111.124; 111.125; and 111.127 of this title (relating to Single-, Dual-, or Multiple-Chamber Incinerators; Medical Waste Incinerators; Burning Hazardous Waste Fuels in Commercial Combustion Facilities; Testing Requirements; and Monitoring and Recordkeeping Requirements), respectively, shall meet the following operating requirements: (1)-(2) (No change.) This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on June 20, 1991. TRD-9107379 Lane Hartsock Director, Planning and Development Program Texas Air Control Board Effective date: July 11, 1991 Proposal publication date: December 21, 1990 For further information, please call: (512) 908-1770 TITLE 37. PUBLIC SAFETY AND CORRECTION Part VIII. Commission on Fire Protection Personnel Standards and Education Chapter 231. Practice and Procedures 37 TAC sec.sec.231.1-231.56 The Commission on Fire Protection Personnel Standards and Education adopts the repeal of sec.sec.231.1-231.56 and new sec.sec.231.1, 231.3, 231.5, 231.7, 231.9, 231.11, 231.13, 231.15, 231.17, 231.19, 231.21, 231.23, 231.25, 231.27, 231.29, 231.31, 231.33, 231.35, 231.37, 231.39, 231.41, 231.43, 231.45, 231.47, 231.49, 231.51, 231.53, 231.55, 231.57, 231.59, 231.61, 231.63, 231.65, 231.67, 231.69, 231.71, 231.73, 231.75, 231.77, 231.79, 231.81, 231.83, 231.85, 231.87, 231.89, 231.91, 231.93, 231.95, 231.97, 231.99, 231.101, 231.103, 231.105, and 231.107 concerning practice and procedure and administration practice and procedure. New sec.sec.231.1, 231.3, 231.5, 231.7, 231.9, 231.11, 231.15, 231.17, 231.19, 231.21, 231.25, 231.27, 231.35, 231.37, 231.39, 231.41, 231.43, 231.47, 231.53, 231.55, 231.57, 231.59, 231.61, 231.63, 231.67, 231.69, 231.71, 231.77, 231.79, 231.83, 231.85, 231.93, 231.95, 231.97, 231.99, 231.103, and 231.105 are adopted with changes to the proposed text as published in the April 16, 1991, issue of the Texas Register (16 TexReg 2216). The repeal of sec.sec.231.1-231.56 and new sec.sec.231.13, 231.23, 231.29, 231.31, 231.45, 231.49, 231.51, 231.65, 231.73, 231.75, 231.81, 231.87 231.89, 231.91, 231.101, and 231.107 are adopted without changes and will not be republished. The repeals are necessary to delete obsolete, contradictory, and inadequate language which is seriously hampering the commission in its actions to comply with its legislative mandates. The new sections supply the rules of procedure for the administrative operation of the agency. They will provide clear and concise language to aid in agency operation and promote a better understanding of agency procedures. The repealed sections will be replaced with new sections and the rules established by these new sections will be used to conduct all business before the agency. No comments were received regarding adoption of the repeals and new sections. The repeals are adopted under the Government Code, Executive Branch, Chapter 416, sec.416.007 which provides the Commission on Fire Protection with the authority to adopt rules for the administration of this chapter and for the commission's internal management and control. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on June 19, 1991. TRD-9107284 K. R. Ethridge Field Representative Commission on Fire Protection Personnel Standards and Education Effective date: July 10, 1991 Proposal publication date: April 16, 1991 For further information, please call: (512) 837-9851 37 TAC sec.sec.231.1, 231.3, 231.5, 231.7, 231.9, 231.11, 231.13, 231.15, 231.17, 231.19, 231.21, 231.23, 231.25, 231.27, 231.29, 231.31, 231.33, 231.35, 231.37, 231.39, 231.41, 231.43, 231.45, 231.47, 231.49, 231.51, 231.53, 231.55, 231.57, 231.59, 231.61, 231.63, 231.71, 231.73, 231.75, 231.77, 231.79, 231.81, 231.83, 231.85, 231.87, 231.89, 231.91, 231.93, 231.95, 231.97, 231.99, 231.101, 231.103, 231.105, 231.107 The new sections are adopted under the Government Code, Executive Branch, Chapter 416, sec.416.007 which provides the Commission on Fire Protection with the authority to adopt rules for the administration of this chapter and for the Commission's internal management and control. sec.231.1. Definitions. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. Applicant-A petitioner or a party or parties seeking document of certification or rule from the commission. Commission-The Texas Commission on Fire Protection Personnel Standards and Education. Commissioner-One of the decision making body defined as the "Commission." Complainant-Any party who has filed a signed, written complaint with the commission, against any party subject to the jurisdiction of the commission. Contested Case -A proceeding, including but not restricted to the issuance of certificates, permits, etc., in which the legal rights, duties, or privileges of a part are to be determined by the commission after an opportunity for adjudicative hearing. Director-The executive director in charge of the commission office. Division-An administrative unit for regulation of specific activities within the jurisdiction of the commission. Examiner-Any person to conduct hearings on matters within the commission's jurisdiction. Intervenor-Any party otherwise not defined. License-The whole or part of any commission permit, certificate, approval, registration, or similar form of permission required by law. Licensing-The commission process respecting the granting, denial, renewal, revocation, suspension, annulment, withdrawal, or amendment of a license. Party-Each person or agency named or admitted as a party. Person-Any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than an agency. Petitioner-An applicant or a party or parties seeking document of certification or rule from the commission. Pleading-Written allegations filed by parties concerning their respective claims or objections. Protestant-Any party opposing an application or petition filed with the commission. Register-The Texas Register. Respondent-Any party against whom any complaint has been filed. Rule-Any agency statement of general applicability that implements, interprets, or prescribes law or policy, or describes the procedure or practice requirements of an agency. The term includes the amendment or repeal of a prior rule, but does not include statements concerning only the internal management or organization of an agency and not affecting private rights or procedures. This definition includes substantive regulations. sec.231.3. Objective. The purpose of these rules is to provide for a simple and efficient system of procedure before the commission, to ensure uniform standards of practice and procedure, public participation, notice of commission actions, and a fair and expeditious determination of causes. These rules shall be liberally construed, with a view towards the purpose for which they were adopted. sec.231.5. Scope. This chapter shall govern the procedure for the institution, conduct, and determination of all causes and proceedings before the commission. They shall not be construed so as to enlarge, diminish, modify, or alter the jurisdiction, powers, or authority of the commission, or the substantive rights of any person. sec.231.7. Documents. Filing. All applicants, petitions, complaints, motions, protests, replies, answers, notices, and other pleadings relating to any proceeding pending or to be instituted before the commission shall be filed with the director. They shall be deemed filed only when actually received by him accompanied by the filing fee, if any, required by statute or commission rules. All pleadings shall be accompanied by a signed copy for each commissioner. sec.231.9. Time-Computation. (a) Computing time. In computing any period of time prescribed or allowed by these rules, by order of the commission, or by any applicable statute, the period shall begin on the day after the act, event, or default in controversy and conclude on the last day of such computed period, unless it be a Saturday, Sunday, or a legal holiday, in which event the period runs until the end of the next day which is neither a Saturday, Sunday, or a legal holiday. (b) Extensions. Unless otherwise provided by statute, the time for filing any pleading, except a notice of protest, may be extended by order of the director, upon the following conditions. (1) A written motion must be duly filed with the director prior to the expiration of the applicable period of time allowed for such filings. (2) The written motion must show good cause for such extension and that the need is not caused by the neglect, indifference, or lack of diligence on the part of the movant. (3) A copy of any such motion shall be served upon all other parties of record to the proceeding contemporaneously with the filing thereof. sec.231.11. Agreements To Be in Writing. (a) Unless precluded by law, informal disposition may be made of any contested case by stipulation, agreed settlement, consent order, or default. (b)No stipulation or agreement between the parties, their attorneys, or representatives, with regard to any matter involved in any proceeding before the commission, shall be enforced unless it shall have been reduced to writing and signed by the parties or their authorized representatives, or unless it shall have been dictated into the record by them during the course of a hearing, or incorporated in an order bearing their written approval. This rule does not limit a party's ability to waive, modify, or stipulate any right or privilege afforded by these rules, unless precluded by law. sec.231.15. Service in Non-Rule Making Proceedings. (a) Publication. Where published notice is permitted or prescribed by these rules or by statute, it shall be made by incorporating it in the printed memorandum of notices regularly circulated by the commission to those persons entitled by law to receive such notices. (b) Personal service. Where personal service of notice by the commission is required, the commission shall mail the same, certified or registered mail, to the last known place of address of the personal entitled to receive such notice. (c) Service of pleadings. A copy of any protest, reply, answer, motion, or other pleading filed by any party in any proceeding subsequent to the institution thereof shall be mailed or otherwise delivered by the party filing the same to every other party of record. If any party has appeared in the proceeding by attorney or other representative authorized under these rules to make appearance, service shall be made upon such attorney or other representative. The willful failure of any party to make such service shall be sufficient grounds for the entry of an order by the director, or the presiding examiner, striking the protest, reply, answer, motion, or other pleading from the record. (d) Certificate of service. A certificate by the party, attorney, or representative who files a pleading, stating that it has been served on the other parties, shall be prima facie evidence of such service. The following form of certificate will be sufficient in the connection: I hereby certify that I have this (here state the day of the month) day of (here state the month) (here state the year), served copies of the foregoing pleading upon all other parties to this proceeding, by (here state the manner of service) (here place signature of party or representative)." sec.231.17. Conduct and Decorum. Every party, witness, attorney, or other representative shall comport himself in all proceedings with proper dignity, courtesy, and respect for the commission, the director, the examiner, and all other parties. Disorderly conduct will not be tolerated. Attorneys and other representatives of parties shall observe and practice the standards of ethical behavior for attorneys at law by the Texas State Bar. sec.231.19. Parties-Classification. Parties to proceedings before the commission are applicants, protestants, petitioners, complaints, respondents, and intervenors. Regardless of errors as to designations in their pleadings, the parties shall be accorded their true status in the proceeding. sec.231.21. Parties In Interest. (a) Any party interested may appear in any proceeding before the commission. All appearances shall be subject to a motion to strike upon a showing that the party has no justiciable or administratively cognizable interest in the proceeding. Any person, public official, agency, or department of the State of Texas or any of its political subdivisions, or any civic or trade organization shall be permitted to intervene: (1) in support of, or in opposition to, all or part of the relief sought in any contested proceeding by filing at least 10 days in advance of the hearing date; or (2) in support of the relief sought in any uncontested proceeding by filing at least five days in advance of the hearing date, a petition in intervention showing its interest, the basis for its position in the case, and at the hearing may present any relevant and proper testimony and evidence bearing upon the issues involved in the particular proceeding. (b) A petition to intervene in an uncontested proceeding shall not delay or change the nature of the proceeding, its purpose, or the method of procedure. sec.231.25. Pleadings-Classification. Pleadings filed with the commission through the director shall be applications, protests, petitions, complaints, answers, replies, motions for rehearing, and other motions. Regardless of any error in the designation of a pleading, it shall be accorded its true status in the proceeding in which it was filed. sec.231.27. Pleadings-Form and Content. (a) Typewritten or printed. Pleadings shall be typewritten or printed upon paper 8 1/2 inches wide and 11 inches long with an inside margin of at least one inch, and exhibits annexed thereto shall be folded to the same size. Reproductions are acceptable, provided all copies are clear and permanently legible. (b) Content. Pleadings shall state their object, contain a concise statement of the facts in support of same, and shall be signed by the applicant or his authorized agent. (c) Signature and address. The original of every pleading shall be signed in ink by the party filing the paper, or by his authorized representative. Pleadings shall contain the address of the party filing the document or the name, telephone number, fax number (if available), and business address of the representative. (d) Forms. Official forms for use in certain commission proceedings are addressed in subsection (f) of this section. The official forms in subsection (f) of this section shall be printed, when appropriate, under the supervision of the director and he shall furnish copies thereof to any person upon request. All pleadings which are subject of an official form shall contain the information, allegations, and other matter designated in such official form and shall conform substantially to the form thereof. (e) Other pleadings. All pleadings for which no official form is prescribed shall contain the following: (1) the name of the party seeking to bring about or prevent action by the commission; (2) the names of all other known parties in interest; (3) a concise statement of the fact relied upon by the pleader; (4) a prayer stating the type of relief, action, or order desired by the pleader; (5) any other matter required by statute; (6) a certificate of service as required by sec.231.15 of this title (relating to Service in Non-rulemaking Proceedings). (f) Filing fees. Each applicant, petition, or complaint which is intended to institute a proceeding before the commission shall be accompanied by the filing fee prescribed by law and these rules. (1) Applicant. (Here give name and complete mailing address of applicant on whose behalf the application is filed, hereafter called applicant). (2) Caption. Applicant hereby seeks (Here make specific reference to the rule or rules which are proposed to establish, change, or amend, so that it or they may be readily identified, prepared in a manner to indicate the words to be added or deleted from the current text, if any). (3) Proposed change. (Here make reference to an exhibit to be attached to and incorporated by reference to the petition. The said exhibit to show the amendment providing for the proposed new provision, rule, regulations, or other change, including the proposed effective date, application, and all other necessary information, in the exact form in which it is to be published, adopted, or promulgated). (4) Justification. (Here submit the justification for the proposed action in narrative form with sufficient particularity to inform the commission and any interested party fully of the fact upon which applicant relies). (5) Resume or concise abstract. (Here file with the petition a concise but complete resume or abstract of the information required in paragraphs (1), (2), (3), (4) hereof). Respectfully submitted, (here place signature of applicant) (here place signature of attorney or representative) (here place complete address). sec.231.33. Amendments. Any pleading may be amended at any time upon motion, provided, that the applicant, complaint, or petition upon which notice has been issued shall not be amended so as to broaden the scope thereof. A protestant or intervenor may at any time adopt amendment the licenses, rules, or regulations proposed in the application or petition. sec.231.35. Commission Records-Incorporated by Reference. Any pleading may adopt and incorporate, by specific reference thereto, any part of any document or entry in the official files and records of the commission. This rule shall not relieve any applicant of the necessity of alleging in detail, if required, facts necessary to sustain his burden of proof imposed by law. sec.231.37. Cases-Docketing and Numbering. Upon receipt of an application or other pleading, which is intended to institute a proceeding before the commission and complies with these rules as to form and content, the director shall docket the same as a pending proceeding and serve notice thereon by publication or by personal service. sec.231.39. Proceedings-Non-Rulemaking Publication of Notice. At least quarterly, the director shall publish notice of all applications or other pleading by which proceedings shall have been instituted in a commission division since the last previous publication of notice. Said published notice shall not include, however, any proceeding in which personal service of notice is required by law. Said published notice shall set out the name and address of the applicant or other party filing the same, the docket number, and the name and address of his attorney or other representative, shall contain a concise statement of the action sought in the proceeding, reference to commission jurisdiction and statutory authority or substantive rule for action sought, and shall state that every person who desires to appear in opposition must file a notice of protest with the director within 15 days after the publication of said notice, with service of a copy of said notice of protest upon the party who instituted the proceeding, and that if no notice of protest shall have been received by the director within the 15-day period, the proceeding will be proceeded and determined upon the uncontested docket, at a time and place certain therein stated. The date of publication of all such notices shall be the date on which they are published. sec.231.41. Licenses. (a) When the grant, denial, or renewal of a license is required to be preceded by notice and opportunity for hearing, the provisions of this rule concerning contested cases apply. (b) When a licensee has made timely and sufficient application for the renewal of a license or a new license for any activity of a continuing nature, the existing license does not expire until the application has been finally determined by the commission, and in case the application is denied or the terms of the new license limited, until the last day for seeking review of the commission order or a later date fixed by order of the reviewing court. sec.231.43. Proceedings-Contested. (a) When a notice of protest is filed with the director within 15 days after the publication notice, as provided in s231.15 of this title (relating to Service in Non-rulemaking Proceedings), and sec.231.39, of this title (relating to Publication of Notice in Non-rule making Proceedings), the director shall assign such case to the contested docket, notify the commission of the necessity to hear the case, and appoint an examiner. In a contested case, all parties must be afforded an opportunity for hearing after reasonable notification of not less than 10 days. (b) The notice must include: (1) a statement of time, place, and nature of the hearing; (2) a statement of the legal authority and jurisdiction under which the hearing is to be held; (3) a reference to the particular section of the statutes and rules involved; and (4) a short and plain statement of the matters asserted. (c) If the commission or other party is unable to state the matter in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved. Thereafter, on timely written application, a more definite and detailed statement must be furnished not less than three days prior to the date set for the hearing. sec.231.47. Applications-Expedited Procedure. (a) An application seeking institution of or change in any license or rule may be given expedited processing if, in addition to meeting all requirements ordinarily required for the filing of the type of application, the applicant submits with the application, in writing and under oath, all of the evidence that would otherwise support the same at an oral hearing held in connection therewith. Examples of such evidence are reports and affidavits of prospective witnesses. (b) The director shall review each application requesting expedited processing and determine if it contains all information necessary to enable the commission to reach a favorable decision on it. The applicant shall state, in writing, that he expressly waives his opportunity for adjudicative hearing and any requirements for preparation of a proposal for decision. If approved by the director, such application shall be docketed and placed in the notice of hearing in a column designated for this type of application. If no protest has been filed against such application at the expiration of the period for filing same, an order approving the application shall be prepared and duly processed without further proceedings. However, if the director determines that such an application does not contain all necessary information for processing without an oral hearing, it will be docketed as a regular application, and if unprotested, will be heard at a regular call of the uncontested docket. Any application for expedited processing to which a protest has been filed will be handled as any other contested application. sec.231.53. Motions for Matters Before the Commission. (a) Motions for postponements, continuance, withdrawal, or dismissal of applications or other matters which have been duly set for hearing, shall be in writing, shall be filed with the director, and distributed to all interested parties, under a certificate of service, not less than five days prior to the designated date that the matter is to be heard. Such motion shall set forth, under oath, the specific grounds upon which the moving party seeks such action and shall make reference to all prior motions of the same nature filed in the same proceeding. Failure to comply with the aforementioned, except for good cause shown, may be construed as lack of diligence on the part of the moving party, and at the discretion of the director, may result in the dismissal of the application or other matter in issue, with prejudice to refiling. Once an application has actually proceeded to hearing, pursuant to the notice issued thereon, no postponement or continuance shall be granted by the examiner without the consent of all parties involved, unless the commission shall have ordered such postponement or continuance. (b) The commission may continue a hearing from time to time and from place to place. The notice of the hearing must indicate the times and places at which the hearing may be continued. If a hearing is not concluded on the day it commences, the commission shall, to the extent possible, proceed with the conduct of the hearing on each subsequent working day until the hearing is concluded. sec.231.55. Hearings-Joint. A motion for consolidation of two or more applications, petitions, or other proceedings shall be in writing, signed by the movant, his attorney or representatives, and filed with the director prior to the date set for hearing. No two or more applications, petitions, complaints, or other proceedings shall be consolidated or heard jointly without the affirmative consent of all parties to allow such proceeding, unless the commission shall find that the two or more applications, petitions, complaints, or other proceedings involve common questions of law and fact, and shall further find that separate hearings would result in unwarranted expense, delay, or substantial injustice. sec.231.57. Hearings-Place and Nature. All hearings conducted in any proceeding shall be open to the public, except for settlement conferences authorized by law. All hearings conducted shall be held in Austin, unless for good and sufficient cause the commission shall designate another place of hearing in the interest of the public. sec.231.59. Presiding Officer. (a) Hearings will be conducted by a quorum of the commission, a member of the commission, the director, or a hearing examiner, any and all which are at times referred to in these rules as the examiner or presiding examiner. The presiding examiner shall have authority to administer oaths, to examine witnesses, and to rule upon admissibility of evidence and amendments to pleadings. He shall have the authority to recess any hearing from day to day. (b) If the presiding examiner dies, becomes disabled, or withdraws or is removed from employment on the case at any time before the final decision thereof, the commission or the director may appoint another presiding examiner who may perform any function remaining to be performed without the necessity of repeating any previous proceedings in the case. sec.231.61. Order or Procedure. (a) In all proceedings the petitioner, applicant, or complainant, respectively, shall be entitled to open and close. Where several proceedings are heard on a consolidated record, the presiding examiner shall designate who shall open and close. The examiner in all cases shall determine at what stage intervenors shall be permitted to offer evidence. After all parties have completed the presentation of their evidence, the commission may call upon any issue, to be presented at further public hearing after notice to all parties of record. (b) The presiding examiner shall direct all parties to enter their appearance on the record. If exceptions to the form or sufficiency of a pleading have been filed in writing at least three days prior to the date of hearing, they shall be heard, otherwise not. If exceptions are sustained, the examiner shall allow a reasonable time for amendment, subject to the provisions of sec.231. 33 of this title (relating to Amendments). sec.231.63. Reporters and Transcripts. (a) Proceedings, or any part of them, must be transcribed on written request of any party. This rule does not limit the commission to a stenographic record of the proceedings. (b) The original transcript shall be delivered to the director not more than 14 working days after close of the hearing. A stenographic reporter must first submit a written request to the director containing the following: (1) the full name and address of the party requesting the copy; (2) the number of pages in the transcript; and (3) the costs of the copy to the party. (c) Upon approval of the request by the director, the stenographic reporter shall furnish a copy to the requesting party at not more than $.30 per page plus the cost of the postage, if any. The director or commission may exclude a stenographic reporter for late delivery or poor workmanship in previous hearings. (d) Suggested corrections to the transcript of the record may be offered within 10 days after the transcript is filed in the proceeding, unless the examiner or the commission shall permit suggested corrections to be ordered thereafter. Suggested corrections shall be served in writing upon each part of the record, the official reporter, and the examiner. If suggested corrections are not objected to, the examiner will direct the corrections to be made and the manner of making them. In case the parties disagree on suggested corrections, they may be heard by the examiner, who shall then determine the manner in which the record shall be changed if at all. sec.231.67. Dismissal Without Hearing. The commission may entertain motions for dismissal without a hearing for any of the following reasons: (1) failure to prosecute; (2) unnecessary duplication of proceedings or res judicata; (3) withdrawal, moot questions, or stale petitions; or (4) lack of jurisdiction. sec.231.69. Rules of Evidence. In all contested cases, irrelevant, immaterial, or unduly repetitious evidence shall be excluded. The rules of evidence as applied in non-jury civil cases in the district courts of this state shall be followed. When necessary to ascertain facts not reasonably susceptible of proof under those rules, evidence not admissible thereunder may be admitted, except where precluded by statute, if it is of a type commonly relied upon by reasonably prudent men in the conduct of their affairs. The commission shall give effect to the rules of privilege recognized by law. Objections to evidentiary offers may be made and shall be noted in the record. Subject to these requirements, if a hearing will be expedited and the interest of the parties will not be prejudiced substantially, any part of the evidence may be received in written from. sec.231.71. Documentary Evidence and Official Notice. (a) Documentary evidence may be received in the form of copies or excerpts, if the original is not readily available. On request, parties shall be given an opportunity to compare the copy with the original. When numerous documents are offered, the presiding examiner may limit those admitted to a number which is typical and representative, and may, at his discretion, require the abstracting of the relevant data from the documents and the presentation of the abstracts in the form of an exhibit; provided, however, that before making such requirement, the examiner shall require that all parties of record or their representatives be given the right to examine the documents from which such abstracts were made. (b) Official notice may be taken of all facts judicially cognizable. In addition, notice may be taken of generally recognized facts within the area of the commission's specialized knowledge. Parties shall be notified either before or during the hearing, or by reference in preliminary reports or otherwise, of the material officially noticed, including any staff memoranda or data, and they shall be afforded an opportunity to contest the material so noticed. The special skills or knowledge of the commission and its staff may be utilized in evaluating the evidence, subject to the prohibition regarding ex parte communications. sec.231.77. Exhibits. (a) Form. Exhibits of documentary character shall be of such size, as set forth in sec.231.27 of this title (relating to Form and Content of Pleadings), as not unduly to encumber the files and records of the commission. There shall be a brief statement on the first sheet of the exhibit of what the exhibit purports to show. Exhibits shall be limited to facts material and relevant to the issues involved in a particular proceeding. (b) Tender and service. The original of each exhibit offered shall be tendered to the reporter for identification; one copy shall be furnished to presiding examiner, and one to each other party of record or his attorney or representative. (c) Excluded exhibits. In the event an exhibit has been identified, objected to, and excluded, the presiding examiner shall determine whether or not the party offering the exhibit withdraws the offer, and if so, permit the return of the exhibit to him. If the excluded exhibit is not withdrawn, it shall be given an exhibit number for identification, shall be endorsed by the examiner with his ruling, and shall be included in the record for the purpose only of preserving the exception. (d) After hearing. Unless specifically directed by the presiding examiner, or by the commission itself, no exhibit will be permitted to be filed in any proceeding after the conclusion of the hearing. In the event the commission allows an exhibit to be filed after the conclusion of the hearing, copies of the late-filed exhibit shall be served on all parties of record. sec.231.79. Proof-Offer. When testimony is excluded by ruling of the examiner, the party offering such evidence shall be permitted to make an offer of proof by dictating or submitting in writing the substance of the proposed testimony, prior to the conclusion of the hearing, and such offer of proof shall be sufficient to review by the commission. The presiding examiner may ask such questions of the witness as he deems necessary to satisfy himself that the witness would testify as represented in the offer of proof. An alleged error in sustaining and objection to questions asked on cross-examination may be preserved without making an offer of proof. sec.231.83. Subpoenas. (a) Following a written request by a party or on its own motion, the commission, the director, or any member thereof, may issue subpoenas: (1) for the attendance of a witness for any place in the State of Texas at a hearing in a pending proceeding. During the course of a hearing, a subpoena may be issued by the presiding examiner; (2) compelling production of books, papers, accounts, or documents as deemed necessary, if the matter sought is relevant, material, and will not result in harassment, imposition, or undue inconvenience or expense to the party to be required to produce the same. (b) Motions of subpoenas shall be addressed to the commission, shall be verified and shall specify as nearly as possible, the books, papers, accounts, or documents desired and the material and relevant facts to be proved by them. (c) Subpoenas shall be issued only after a showing of good cause and deposit of sums sufficient to ensure payment of expenses incident to the subpoenas. Service of subpoenas and payment of witness fees shall be made in the manner prescribed in the Administrative Procedure and Texas Register Act. sec.231.85. Decision-Proposals. (a) If in a contested case a majority of the officials of the commission who are to render the final decision have not heard the case or read the record, the decision, if adverse to a party to the proceeding other than the commission itself, may not be made until a proposal for decision is served on the parties, and an opportunity is afforded to each party adversely affected to file exceptions and present briefs to the officials who are to render the decision. If any party files exceptions or presents briefs, an opportunity must be afforded to all other parties to file replies to exceptions or briefs. The proposal for decision must contain a statement of the reasons for the proposed decision and of each finding of fact and conclusion of law necessary to the proposed decision, prepared by the person who conducted the hearing or by one who has read the record. The proposal for decision may be amended pursuant to exceptions, replies, or briefs submitted by the parties without again being served on the parties. The parties by written stipulation may waive compliance with this section. (b) When a proposal for decision is prepared, a copy of the proposal shall be served forthwith by the director on each party and his attorney of record. Upon the expiration of the 20th day following the time provided for the filing of exceptions and briefs in sec.231.87 of this title (relating to Filing of Exceptions, Briefs, and Replies), the proposal for decision may be adopted by written order of the commission, unless exceptions and briefs shall have been filed in the manner required in s231.87. If deemed warranted by the director, the assigned examiner may direct a party to draft and submit a proposal for decision which shall include proposed findings of facts and a concise and explicit statement of the underlying facts supporting such proposed findings developed from the record. sec.231.93. Final Decisions and Orders. All final decisions and orders of the commission shall be in writing and shall be signed by a majority of the commissioners. A final decision shall include findings of fact and conclusions of law, separately stated. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. If, in accordance with commission rules, a party submits proposed findings of fact, the decision shall include a ruling on each proposed finding. Parties shall be notified either personally or by mail of any decision or order. On written request, a copy of the decision or order shall be delivered or mailed to any party and to his attorney of record. sec.231.95. Administrative Finality. (a) A decision is final, in the absence of a timely motion for rehearing, on the expiration of the period for filing a motion for rehearing, and is final and appealable on the date of rendition of the order overruling the motion for rehearing, or on the date the motion is overruled by operation of law. If the commission board includes a member who receives no salary for his work as a board member, and resides outside Travis County, the board may rule on a motions for rehearing at a meeting or by mail, telephone, telegraph, or other suitable means of communication. (b) If the commission finds that an imminent peril to the public health, safety, or welfare requires immediate effect of a final decision or order in a contested case, it shall recite the finding in the decision or order as well as the fact that the decision is final and effective on the date rendered, in which event the decision or order is final and appealable on the date rendered and no motion of rehearing is required as a prerequisite for appeal. sec.231.97. Motions For Rehearing. Except as provided in sec.231. 95(b) of this title (relating to Administrative Finality), a motion for rehearing is a prerequisite to an appeal. A motion for rehearing must be filed within 20 days after the date of rendition of a final decision or order. Replies to a motion for rehearing must be filed with the commission within 30 days after the date of rendition of decision or order, and commission action on the motion must be taken within 45 days after the date of rendition of the final decision or order. The commission may, by written order, extend the period of time for filing the motions and replies and taking action, except that an extension may not extend the period for the commission action beyond 90 days after the date of rendition of the final decision or order. In the event of an extension, the motion for a rehearing is overruled by operation of law on the date fixed by the order, or in the absence of a fixed date, 90 days after the date of the final decision or order. The parties may by agreement, with the approval of the commission, provide for a modification of the times provided in this section. sec.231.99. Consultations-Ex Parte. Unless required for the disposition of ex parte matters authorized by law, members or employees of the commission assigned to render a decision or to make findings of fact and conclusions of law in a contested case may not communicate, directly or indirectly, in connection with any issue of fact, or law with any agency, person, party, or their representatives, except on notice and opportunity for all parties to participate. A board member may communicate ex parte with other members of the board, and pursuant to the authority provided in sec.231.71(b) of this title (relating to Documentary Evidence and Official Notice), members or employees of an agency assigned to render a decision or to make findings of fact and conclusions of law in a contested case may communicate ex parte with employees of the commission who have not participated in any hearing in the case for the purpose of utilizing the special skills or knowledge of the commission and its staff in evaluating evidence. sec.231.103. Show Cause Orders and Complaints. (a) The commission, either on its own motion or upon receipt of sufficient written complaint, may, in its sound discretion, at any time after notice to all interested parties, including personal service upon the license holder, cite any person operating under its jurisdiction to appear before it in a public hearing and require him it to show cause why his or its license should not be revoked, suspended, or amended, or other action available to the commission be taken, including imposition of administration penalties, for failure to comply with an applicable statute, or the rules, rates, regulations, or orders of the commission, or for failure to abide by the terms and provisions of the license itself. All hearings in such proceeding shall be conducted in accordance with the provisions of these rules. (b) No revocation, suspension, annulment, withdrawal of any license or penalty is effective unless, prior to the institution of commission proceedings, the commission gives notice by personal service or by registered or certified mail to the licensee of facts or conduct alleged to warrant the intended actions, and the licensee is given an opportunity to show compliance with all requirements of law for the retention of the license. sec.231.105. Rules-Suspension. In any case in which a public emergency or imperative public necessity so requires, the commission may suspend the operations of these rules and to the extent authorized by law, may authorize temporary licenses. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on June 19, 1991. TRD-9107285 K. R. Ethridge Field Representative Commission on Fire Protection Personnel Standards and Education Effective date: July 10, 1991 Proposal publication date: April 16, 1991 For further information, please call: (512) 837-9851 Chapter 233. Standards Manual Procedures of the Commission 37 TAC sec.sec.233.1-233.4 The Commission on Fire Protection Personnel Standards and Education adopts the repeal of sec.sec.233.1-233.4, 233.11-233.13, 233.21-233.23, 233.31, 233.33, 233.35, 233.41, 233.43, 233.61-233.64, 233.66, 233.71, 233.81, 233.101-233.111, 233.121-233.128, 233.142, 233.151-233.156, 233.158, 233.160, and 233.161 and new sec. s 233.1, 233.3, 233.5, 233.7, 233.9, 233.11, 233.13, 233.15, 233.17, 233.19, 233.21, 233.23, 233.25, 233.27, 233.29, 233.31, 233.33, 233.35, 233.37, 233.39, 233.41, 233.43, 233.45, 233.47, 233.49, 233.51, 233.53, 233.55, 233.57, 233.59, 233.61, 233.63, 233.71, 233.81, 233.83, 233.85, 233.87, 233.89, 233.91, 233.93, 233.95, 233.97, 233.99, 233.101, 233.103, 233.105, 233.107, 233.109, 233.113, 233.115, 233.117, 233.119, 233.121, 233.123, and 233.131. New sec.sec.233.9, 233. 17, 233.39, 233.61, 233.95, 233.109, 233.121, and 233.131 are adopted with changes to the proposed text as published in the April 16, 1991, issue of Texas Register (16 TexReg 2219). The repeals and new sec.sec.233.1, 233.3, 233.5, 233.7, 233.11, 233.13, 233.15, 233.19, 233.21, 233.23, 233.25, 233.27, 233.29, 233.31, 233.33, 233.35, 233.37, 233.41, 233.43, 233.45, 233.47, 233.49, 233.51, 233.53, 233.55, 233.57, 233.59, 233.63, 233.71, 233.81, 233.83, 233.85, 233.87, 233.89, 233.91, 233.93, 233.97, 233.99, 233.101, 233.103, 233.105, 233. 107, 233.113, 233.115, 233.117, 233.119, and 233.123 are adopted without changes and will not be republished. The repeals are necessary to delete obsolete, contradictory, and inadequate language which is seriously hampering the commission in its actions concerning matters before the commission. The new sections establish the rules for certification of fire protection personnel and the requirements for approval by the commission of training programs and training facilities. They are necessary in order for the commission to fulfill its legislative mandates. The repealed sections will be replaced with new sections. The rules established by these new sections will be used to conduct all business before the agency concerning certification and approvals. No comments were received regarding adoption of the repeals and new sections. The repeals are adopted under the Government Code, Executive Branch, Chapter 416, sec.416.007, which provides the Commission on Fire Protection with the authority to adopt rules for the administration of this chapter and for the commission's internal management and control. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on June 19, 1991. TRD-9107286 K. R. Ethridge Field Representative Commission on Fire Protection Personnel Standards and Education Effective date: July 10, 1991 Proposal publication date: April 16, 1991 For further information, please call: (512) 837-9851 37 TAC sec.sec.233.1, 233.3, 233.5, 233.7, 233.9, 233.11, 233. 13, 233.15, 233.17, 233.19, 233.21, 233.23, 233.25, 233.27, 233.29, 233.31, 233. 33, 233.35, 233.37, 233.39, 233.41, 233.43, 233.45, 233.47, 233.49, 233.51, 233. 53, 233.55, 233.57, 233.59, 233.61, 233.63, 233.71, 233.81, 233.83, 233.85, 233. 87, 233.89, 233.91, 233.93, 233.95, 233.97, 233.99, 233.101, 233.103, 233.105, 233.107, 233.109, 233.113, 233.115, 233.117, 233.119, 233.121, 233.123, 233.131 The new sections are adopted under the Government Code, Executive Branch, Chapter 416, sec.416.007, which provides the Commission on Fire Protection with the authority to adopt rules for the administration of this chapter and for the commission's internal management and control. sec.233.9. Minimum Standards for Basic Structural Fire Protection Personnel. (a) Fire protection personnel must complete a commission approved basic structural fire suppression course prior to being assigned to fire suppression duties. (b) The minimum training standard for basic structural fire suppression personnel shall consist of one of the following: (1) completion of a commission approved 400-hour, basic structural fire suppression course within one year prior to employment (see sec.233.131 of this title (relating to Testing for Renewal or Certification Status)) and one year of experience working as a full-time/full-paid fire fighter; or (2) completion of an out-of-state training program deemed equivalent to a commission approved basic structural fire suppression course, documentation of one years' experience as a full-time/full-paid fire fighter and successfully pass a test, administered by the commission, prior to being assigned to any fire suppression duties (see sec.233.131); or (3) completion of a military training program deemed equivalent to a commission approved basic structural fire suppression course, documentation of one years' experience as a full-time/full-paid fire fighter, and successfully passing a test administered by the commission prior to being assigned to any fire suppression duties (see sec.233.131). (c) All questions of training equivalency will be decided by the commission. (d) The commission approved basic structural fire suppression courses shall be taught by a training facility that has been certified by the commission as provided in sec.sec.233.17-233.29 of this title (relating to Minimum Standards for Recruit Training Facilities for Structural Fire Suppression Personnel; Apparatus -Structure Training Facility; Equipment-Structure Training Facility; Reference Material-Structure Training Facility; Testing and Records-Structure Training Facility; Staff -Structure Training Facility; General Information-Structure Training Facility). (e) The commission will maintain a list of all reference materials used for basic structural fire fighter training. The list will be on file at the commission Office, and provided to anyone who requests the list. (f) The commission approved 400-hour, basic structural fire suppression course shall consist of at least the following listed subjects and hours: (1) Fire Department Organization, Rules and Regulations -eight class hours. This subject shall include: (A) fire department history, traditions, and organization; (B) operation of the fire department, as well as the responsibilities and duties of fire fighters; (C) at least one hour devoted to familiarizing the student with the commission and the commission standards manual. (2) Forcible Entry, Rope and Portable Extinguishers - 20 Class Hours. (A) The forcible entry portion of this subject will include: (i) general building construction; (ii) types of forcible entry tools and their use in opening doors, windows, roofs, floors, walls, partitions, and ceilings to include care and maintenance of forcible entry tools. (B) The rope portion of this subject will include: (i) the physical characteristics of various types of rope used in the fire service; (ii) the care and maintenance procedures to be followed regarding fire service rope, to include crowning, whipping, and splicing; (iii) identification and demonstration of the techniques when using rope for life rescue lines, hoisting tools, equipment, anchoring lines, tying ladder halyard; (iv) the use of common terminology when tying knots and hitches. (C) The portable extinguisher portion of this subject will include: (i) classification of fires and fire extinguishers; (ii) the techniques to be utilized when using fire extinguishers on fires, and the use of extinguishers for special hazards; (iii) installing, marking, and inspection of portable fire extinguishers. (3) Fire Service Ladder Practices-16 Class Hours. This subject shall include: (A) various terms applied to fire service ladders; (B) identification of fire service ladder types, construction, maintenance, and testing; (C) detailed information and practices on handling fire service ladders and special tasks related to them. (4) Fire Hose Practices-20 class hours. This subject shall include: (A) construction, care, and testing of fire service hose and various fire house accessories; (B) the preparation and manipulation of hose rolls, folds, connections, carries, drags, and special operation; (C) fire hose loads and layouts. (5) Salvage and Overhaul Practices-16 class hours. This subject shall include: (A) planning, preparing, and practices to be used for salvage operations; (B) equipment needed and its care and preparation; (C) the methods of spreading, and folding salvage covers and the most effective ways to handle water run-off; (D) the value of proper overhaul and restoring the premises; (E) recognizing fire origin and preserving arson evidence. (6) Fire Stream Practices-24 Class Hours. This subject shall include: (A) characteristics, requirements, and principals of fire streams; (B) the developing, computing, and applying of various types of fire streams to operational situations; (C) the formulas used for application of fire streams; (D) the actions and reactions created by applying fire streams under different circumstances. (7) Fire Apparatus Practices-eight class hours. This subject shall include: (A) various types of fire apparatus classified by their functions; (B) maintenance and testing procedures regarding pumpers, aerial ladders, elevating platforms; (C) general safety operations and driving techniques of fire apparatus, to include a driving exercise utilizing a fire department pumper. (8) Ventilation Practice-16 class hours. This subject shall include: (A) the requirements and characteristics of burning; (B) products of combustion, and the phases of burning; (C) the objective and advantages of ventilation, to include the transmission of heat, building construction features to be considered, and various types of ventilation methods that can be applied. (9) Rescue Practices-16 class hours. This subject shall include: (A) general information regarding various types of rescue situations, to include search and rescue techniques used inside and outside structures, trenching rescue, water and ice rescue, and vehicle extrication; (B) the advantages of pre-rescue planning; (C) various techniques of stabilizing a situation and victim, to include the application and use of basic knots and rope work; (D) a discussion of the rescue equipment utilized during a rescue situation. (10) First Aid or ECA-40 class hours. (A) This subject shall include: (i) a general explanation of human anatomy; (ii) patient assessment of injuries or illness, and diagnostic signs; (iii) the emergency care to be administered regarding air-way management, heart attack, bleeding, poisoning, fractures, shock, emergency childbirth, and other related mental or medical emergency situations; (iv) the proper use of the equipment required to perform the task. (B) Any fire fighter trainee with documentation verifying completion of 40 class hours of first aid, ECA, EMT, or paramedic training may at the discretion of the employing entity, use said training to satisfy this subject requirement. (11) Inspection Practices-24 class hours. This subject shall include: (A) fire prevention and inspection techniques utilized to determine fire hazards and/or causes; (B) building construction, occupancy, fire load, and code enforcement; (C) special hazard identification; (D) the use of fire inspection forms, check lists, reference sources, map symbols, records, and reports utilized to conduct fire inspections. (12) Water Supplies-eight class hours. This subject shall include: (A) the importance, basic components, adequacy, reliability, and carrying capacity of water systems; (B) the general requirements regarding maintenance, distribution, control, valves, and flow test for fire hydrants. (13) Automatic Sprinklers-eight class hours. This subject shall include: (A) a brief explanation on the history of automatic sprinklers and their successes and failures; (B) the various types of automatic sprinkler system components to include water supplies; (C) surveys, supporting operations, and the value of automatic sprinkler systems. (14) Aircraft Fire Protection and Rescue Practices -eight class hours. This subject shall include: (A) familiarization of various types of aircraft and general airport operations; (B) the objective of conventional and specialized fire fighting apparatus and tools; (C) the use and care of aircraft fire fighter protective clothing, and equipment; (D) the use and effects of extinguishing agents; (E) hazardous materials as related to aircraft and airports; (F) communications as related to airports and aircraft; (G) the importance of pre-emergency planning. (15) Fire Service Hydraulics-24 class hours. This subject shall include: (A) a basic mathematical review to prepare for calculating fire streams; (B) the methods for calculating fire streams to include the techniques, formulas, and symbols for computing various water flows for master streams, hand lines, relaying water; (C) the methods and formulas for calculating container volume. (16) Fire Science and Hazardous Materials-40 class hours. (A) The fire science portion of this subject shall include information related to fire fighting regarding: (i) chemistry of fire; (ii) state of matter; (iii) chemical properties of matter; (iv) specific gravity; (v) vapor density and the mechanics of gases and liquids; (vi) the properties of electricity. (B) The hazardous materials portion of this subject will: (i) identify materials classified as hazardous; (ii) identify authorities regulating transportation, storage, and placarding of hazardous materials; (iii) discuss the role of fire service personnel in handling hazardous materials including recognized safety procedures and correct protective equipment. (17) Fire Alarm and Communications-eight Class Hours. This subject shall include: (A) the procedures for receiving, recording, and establishing the location and nature of the emergency; (B) the dispatching procedures for dispatching emergency equipment; (C) the procedures used regarding general radio communications; (D) the procedures for maintaining various types of radio activities, forms, logs, and records. (18) Community Relations-two class hours. This subject shall include: (A) the importance of public opinion regarding fire protection personnel; (B) the procedures to be followed to maintain good public opinion. (19) Report Writing-four class hours. This subject shall include: (A) the procedures and techniques used to write a narrative report; (B) the procedures for completing fire department forms and reports. (20) Emergency Driving Practices-eight class hours. This subject shall include: (A) vehicle laws, departmental policy, directives, and operating rules; (B) driver training, testing and safety operation. (21) Emergency Management Operations-two class hours. This subject shall include a review of case histories regarding natural, man-made, and riot torn city disasters in the United States, to include the effects on and procedure required of the emergency management system to stabilize the situation. (22) Fire and Arson Investigation-12 class hours. This subject shall include: (A) the law of arson; (B) the fire fighter's responsibility in fire investigation and arson detection; (C) the fire fighter's responsibility for preliminary investigation to determine the origin and case of fire; (D) the value of photographs and sketches; (E) the value of reports by the fire officer surveying the premises; (F) the importance of and methods for preservation and protection of evidence. (23) Self-contained Breathing Apparatus Practices-eight class hours. This subject shall include: (A) the history of breathing apparatus; (B) the necessity of breathing apparatus use; (C) instruction in donning, use, care, inspection, testing and maintenance of self-contained breathing apparatus. (24) Fire Fighter Safety Practices-eight class hours. This subject shall include: (A) basic concepts and philosophy of accident prevention; (B) the essentials of safety procedures to follow regarding fire fighter training, fire ground operations, and station activities. (25) Bomb Search Investigations-two class hours. This subject shall include: (A) the role of fire service personnel regarding bomb search procedures and techniques to be utilized; (B) other public service organizations that may be available; (C) a discussion of state and federal law regarding bomb incidents. (26) Pre-Fire Planning-two class hours. This subject shall include: (A) identification the need, advantages, and methods utilized for commercial, industrial, and residential pre-fire planning programs; (B) the actual construction of a pre-fire plan. (27) Simulated Emergency Operations-20 class hours. This subject shall include: (A) an introduction to the Incident Command System (16 hours); (B) the role of fire protection personnel in simulated operation involving natural and/or man-made emergency incidents; (C) simulations related to residential, commercial, industrial, rail, aircraft, and highways; (D) simulations of wild land fires, hazardous materials incidents, floods, high wind storms, earthquakes, and other type incidents that require the use of fire protection personnel. (28) Free Elective-28 class hours. (A) The free elective class hours will allow the training facility staff to increase class time for any subject as may be needed by the training facility, in order to comply with the minimum standards for basic fire fighter certification. (B) These hours will also provide training facility staff the time to evaluate the knowledge and skills of the fire fighter trainee and the effectiveness of the instruction, as stated in sec.233.17 and sec.233.25. sec.233.17. Minimum Standards for Recruit Training Facilities for Structural Fire Protection Personnel. (a) Minimum requirements for certification for an approved recruit training facility shall include facilities, apparatus, equipment, reference materials, and records to support a quality basic fire fighter education and training program. The resources must provide for classroom instruction, demonstrations, and practical exercises for the trainees to develop the knowledge and skills required for basic fire fighter certification. (b) The facilities and training shall be performance oriented. "Hands-on" training with maximum practical participation by trainees should be an integral part of the training program. The evaluation process for each phase of training will emphasize performance testing to determine if the trainee has acquired the knowledge and skills to achieve the required level of competency. NFPA Standard #1001, fire fighter professional qualifications, provides valid and reliable criteria and should be used as a guide for performance testing. (c) It must be clearly understood that the minimum standard for recruit training facilities is applicable only as the title implies and does not address the additional training facilities which are required for the continuing in-service training essential to the development and maintenance of a well-coordinated and effective fire service organization. (d) An organization, installation, or facility may submit a written application for certification as an approved recruit training facility to the commission. Such application will include descriptions and addresses of physical facilities together with inventory of apparatus, equipment, and reference material to be utilized in conducting the basic fire fighter training curriculum as specified by the commission. It is not required that the equipment be permanently assigned nor kept at a training facility. Photographs of resources, annotated to reflect applicant and identity of the resource, may be included with application. (e) All training must be submitted to the commission for approval prior to the commencement of the training. A recruit training facility should submit a written request to the commission to be issued a set of basic fire fighter lesson plans and performance skills evaluations to be utilized by the recruit training facility instructors. The recruit training facilities instructors are responsible for ensuring that all subjects are taught as stated in sec.233.9 of this title (relating to Minimum Training Standards for Basic Structural Fire Protection Personnel). (f) The following minimum resources required for certification as an approved recruit training facility may be combined or separate utilizing one or more structures. In either event the facilities and equipment must be available and used by the instructor and trainees: (1) a training tower equivalent to two or more stories in height. The term "training tower" as used in these standards is a structure suitable for training in the practical application of ladder evolutions, rescue drills, hose advancement, and rope work. (It is important to note these key requirements may not be compatible with the requirements for key rate credit. Cities planning to build or modify a training tower should carefully check the criteria for key rate credit prior to expending funds for such a facility.); (2) a facility for classroom instructions with appropriate environmental control and seating capacity for anticipated trainees. The facility utilized must be conducive to an effective learning environment; (3) an area for practical application of principles and procedures of fire fighting, pumper driving exercise, pumper operation, to include friction loss, nozzle reaction, fire stream patterns, and GPM discharge utilizing various layouts for hand lines and master stream appliances; (4) an enclosed area or room for use in practical training with self-contained breathing apparatus. This may be a smoke and fire room or enclosed area which can be charged with smoke-producing devices to provide a realistic training environment. sec.233.39. Minimum Standards for TX-1 Aircraft Crash and Rescue Fire Protection Personnel Certification. (a) The minimum class hours of training required for TX-1 certification shall be 235 hours. (b) To quality for the TX-1 certificate, the applicant must have completed all the requirements for TX-2 certification, plus at least 35 additional hours as specified in the following subjects: (1) Fire Prevention and Inspections-two class hours. This subject shall consist of additional or more in depth training in the subjects as listed under sec.233.37(b)(4) of this title (relating to Minimum Standards for TX-2 Aircraft Crash and Rescue Fire Protection Personnel Certification). (2) CFR Equipment and Agents-two class hours. This subject shall consist of additional or more in depth training in the subjects as listed under section sec.233.37(b)(5). (3) Hot Drills (live fires)-two class hours. This subject shall consist of additional or more in depth training in the subjects as listed under sec.233.35(b)(11) of this title (relating to Minimum Standards for TX-3 Aircraft Crash and Rescue Fire Protection Personnel Certification). (4) Hazardous Materials-three class hours. This subject shall consist of additional or more indepth training in the subjects as listed under section sec.233.37(b)(9). (5) Flammable/Combustible Liquids and Combustible Metals -six class hours. This subject shall cover: (A) physical properties of flammable liquids, flash points, flammable or explosive range; (B) Classes IA, IB, and IC aircraft fuels; (C) extinguishing flammable and combustible liquid fires; (D) combustible metals in aircraft such as magnesium, titanium, and alloys, their properties, procedures for fighting and extinguishing combustible metal fires. (6) Aircraft Systems-seven class hours. This subject shall include: (A) fuel, electrical, oxygen, hydraulic, fire extinguisher, anti-icing, de-icing and aircraft egress systems; (B) system hazards and their location; (C) system capacities and color codes. (7) Aircraft Forcible Entry Tools-seven class hours. This subject shall cover: (A) small hand tools for forcible entry; (B) specialized hand tools for forcible entry; (C) features of large specialized forcible entry tools; (D) correct usage of forcible entry tools; (E) proper safety gear while using forcible entry tools. (8) Explosive Recognition-six class hours. This subject shall include: (A) identification and classification of explosives; (B) department of transportation placarding system for explosives; (C) definitions and examples of proper authorities such as the military, FAA, and DOT. sec.233.61. Commission Action -Aircraft Crash and Rescue Training Facilities. (a) All recruit training facilities for aircraft crash and rescue fire fighters after October 1, 1986, shall meet these minimum requirements. The commission shall take action on applications within 90 days from the date applications are received at commission headquarters. (b) Approved recruit aircraft crash and rescue training facilities are subject to inspection by the commission at any time during regular business hours. (c) An approved aircraft crash and rescue training facility is encouraged to upgrade and improve the physical facilities, equipment, and reference material on a continuing basis. (d) A school desiring to make substantive changes in the facilities or other areas under which the school was originally approved must coordinate those changes with the commission Office. (e) The commission shall be notified promptly of any change in the approved recruit aircraft crash and rescue training facility coordinator. The term "coordinator" as used in these standards is the official responsible for recruit aircraft crash and rescue training facilities, or schools, regardless of his or her official title. (f) The commission shall be notified promptly of any change in intermediate instructors (certified as indicated in sec.233.81 of this title (relating to Minimum Standards for Basic Fire Protection Instructor Certification)) at an approved aircraft crash and rescue training facility. A new instructor may be appointed to the aircraft crash and rescue training facility that possesses a basic instructor certificate (as indicated in sec.233.81) and provided that an intermediate instructor certificate is obtained within one year from the date of appointment. (g) The commission may revoke the certification of a recruit aircraft crash and rescue training facility when in the judgment of the commission the school is: (1) inadequate and fails to provide the quality of training required for basic aircraft crash and rescue fire fighter certification; or (2) fails to comply with commission rules and/or the minimum standards set by the commission for training facilities; or (3) fails to submit required reports in a timely manner, or submits false reports to the commission. sec.233.95. Inspector Certification Level Based on Population. (a) Inspector certification is based upon the following combination of class hours and city population: (1) cities having a population of more than 250,000 require: "A" Inspector certification-200 class hours; (2) cities having a population of 70,001 to 250,000 require: "B" inspector certification-170 class hours; (3) cities having a population of 70, 000 or less require: "C" inspector certification-140 class hours. (b) The requirements, in subsection (a) of this section are minimum; however, it is recommended that inspector personnel comply with the requirements for the "A" certificate where possible. The subject matter for "C" certification is required for all fire prevention personnel. The additional subject matter required for "B" and "A" certification is in addition to the requirments for "C" inspector certification. sec.233.109. Minimum Standards for Fire Fighter/Fire Inspector Limited Certification. (a) The purpose of this section is to set forth the requirements and rules governing the issuance of certificates for fire fighter/fire inspector limited certification. The commission has ruled that an individual cannot be simultaneously assigned as a full-time fire fighter and a full-time inspector with the same employing entity. An entity may assign a full-time fire fighter, limited inspection duties, under the direct or indirect supervision of a full-time inspector. An example of direct supervision would be a scenario where the limited inspector would have as an immediate supervisor, a full-time inspector, during the time he was assigned to inspection duties. An example of indirect supervision would be a scenario where the limited inspector's immediate supervisor is a fire suppression officer, however the employing entity must have a full-time inspector who is ultimately responsible for the inspection activity of the entity and available for supervision of the limited inspector as necessary to enable the limited inspector to carry out the assigned duties. (b) Applicants for fire fighter/fire inspector limited certification must complete the following requirements. (1) The applicant must possess at least basic structure fire protection personnel certification as set forth in sec.233.9 of this title (relating to Minimum Standards for Basic Structural Fire Protection Personnel). (2) The applicant must submit documented proof of completion of the training requirements for A, B, or C inspector as required by sec.sec.233.97, 233.99, or 233. 101 of this title (relating to Minimum Standards for "C" Inspector Certification; Minimum Standards for "B" Inspector Certification; Minimum Standards for "A" Inspector Certification). (3) The individual must complete one calendar year of experience working in fire prevention and fire inspection in less than a full time capacity under the direct or indirect supervision of a full time, full paid fire inspector for the same employing entity. (4) The fire fighter/fire inspector limited is not eligible to apply for intermediate, advanced or master fire inspector certification. sec.233.121. Minimum Standards for Fire Fighter/Arson Investigator Limited Certification. (a) The purpose of this section is to set forth the requirements and rules governing the issuance of certificates for fire fighter/fire arson investigator limited certification. The commission has ruled that an individual cannot be simultaneously assigned as a full-time fire fighter and a full-time fire and arson investigator with the same employing entity. An entity may assign a full-time fire fighter, limited fire and arson investigator duties, under the direct or indirect supervision of a full-time fire and arson investigator. An example of direct supervision would be a scenario where the limited investigator would have as an immediate supervisor, a full-time fire and arson investigator, during the time he was assigned to investigation duties. An example of indirect supervision would be a scenario where the limited investigator's immediate supervisor is a fire suppression officer, however the employing entity must have a full-time inspector who is ultimately responsible for the investigation activity of the entity and available for supervision of the limited investigator as necessary to enable the limited investigator to carry out the assigned duties. (b) Applicants for fire fighter/fire inspector limited certification must complete the following requirements: (1) possess at least basic structure fire protection personnel certification as set forth in sec.233.9 of this title (relating to Minimum Standards for Basic Structural Fire Protection Personnel); (2) possess a current basic peace officer's certificate and license from the Commission on Law Enforcement Officers Standards and Education; and (3) hold a current commission as a peace officer with the employing entity for which the arson investigations will be done; and (4) submit documented proof of completing the training requirements for arson investigator prescribed by sec.233. 113 of this title (relating to Minimum Standards for Advanced Structural Fire Protection Personnel Certification); (5) have one calendar year of experience working in arson investigation in less than a full-time capacity, under the direct or indirect supervision of a full-time, full paid arson investigator for the same employing entity. (c) An individual who holds fire fighter/arson investigator limited certification is not eligible to apply for intermediate, advanced, or master fire and arson investigator certification. sec.233.131. Testing for Renewal or Certification Status. (a) An individual on inactive status (as defined in sec.239.3(h) of this title (relating to Fees), for more than two years or one who does not become employed as a full-time, full-paid fire fighter, within one year after completing a recruit school approved by the commission shall, prior to assignment to fire suppression duties: (1) enroll in and successfully complete an approved basic recruit school; or (2) pass a written proficiency test administered by the commission, with a minimum test score of 70% within one year prior to the date of assignment to fire suppression duties. (b) An individual who has served a minimum of one year as a full-time, full-paid fire fighter in a state other than Texas or in a branch of the military shall, prior to assignment to fire suppression duties: (1) Enroll in and successfully complete an approved basic recruit school within one year prior to the date of employment; or (2) document equivalent training to that required by the commission in sec.233.9 of this title (relating to Minimum Standards for Basic Structural Fire Protection Personnel), document one year of service as a full-time, full-paid fire fighter, and pass a written proficiency test administered by the commission, with a minimum test score of 70%, within one year prior to the date of assignment to fire suppression duties. (c) An individual who does not pass the proficiency test on the first attempt may reschedule and be retested two additional times. If the individual does not pass the commission proficiency test on the third attempt then the individual will be required to complete an approved basic recruit school to again be certifiable. (d) Passing the commission proficiency test only indicates that an individual has satisfied the training requirements set by the commission. (e) The employing entity must apply to the commission for certification of all fire protection personnel, whether the individual completes an approved recruit school or passes the commission proficiency test. (f) Successfully passing the commission proficiency test does not prohibit the employing entity from requiring individuals to complete training requirements set by the employing entity. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on June 19, 1991. TRD-9107301 K. R. Ethridge Field Representative Commission on Fire Protection Personnel Standards and Education Effective date: July 10, 1991 Proposal publication date: April 16, 1991 For further information, please call: (512) 837-9851 Standards Implementation Method 37 TAC sec.sec.233.11-233.13 The repeals are adopted under the Government Code, Executive Branch, Chapter 416, sec.416.007, related to general powers which provides the commission with the authority to adopt rules for the administration of this chapter and for the commission's internal management and control. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on June 19, 1991. TRD-9107287 K. R. Ethridge Field Representative Commission on Fire Protection Personnel Standards and Education Effective date: July 10, 1991 Proposal publication date: April 16, 1991 For further information, please call: (512) 837-9851 Minimum Standards for Employment 37 TAC sec.sec.233.21-233.23 The repeals are adopted under the Government Code, Executive Branch, Chapter 416, sec.416.007, related to general powers which provides the commission with the authority to adopt rules for the administration of this chapter and for the commission's internal management and control. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on June 19, 1991. TRD-9107288 K. R. Ethridge Field Representative Commission on Fire Protection Personnel Standards and Education Effective date: July 10, 1991 Proposal publication date: April 16, 1991 For further information, please call: (512) 837-9851 Minimum Standards for Fire Suppression Personnel 37 TAC sec.233.31 The repeal is adopted under the Government Code, Executive Branch, Chapter 416, sec.416.007, related to general powers which provides the commission with the authority to adopt rules for the administration of this chapter and for the commission's internal management and control. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on June 19, 1991. TRD-9107289 K. R. Ethridge Field Representative Commission on Fire Protection Personnel Standards and Education Effective date: July 10, 1991 Proposal publication date: April 16, 1991 For further information, please call: (512) 837-9851 Minimum Standards for Fire Fighter/Fire Inspector (Limited) 37 TAC sec.233.33 The repeal is adopted under the Government Code, Executive Branch, Chapter 416, sec.416.007, related to general powers which provides the commission with the authority to adopt rules for the administration of this chapter and for the commission's internal management and control. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on June 19, 1991. TRD-9107290 K. R. Ethridge Field Representative Commission on Fire Protection Personnel Standards and Education Effective date: July 10, 1991 Proposal publication date: April 16, 1991 For further information, please call: (512) 837-9851 Minimum Standards for Fire Fighter/Arson Investigator (Limited) 37 TAC sec.233.35 The repeal is adopted under the Government Code, Executive Branch, Chapter 416, sec.416.007, related to general powers which provides the commission with the authority to adopt rules for the administration of this chapter and for the commission's internal management and control. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on June 19, 1991. TRD-9107291 K. R. Ethridge Field Representative Commission on Fire Protection Personnel Standards and Education Effective date: July 10, 1991 Proposal publication date: April 16, 1991 For further information, please call: (512) 837-9851 Minimum Standards for Fire Service Instructor Certification 37 TAC sec.233.41 The repeal is adopted under the Government Code, Executive Branch, Chapter 416, sec.416.007, related to general powers which provides the commission with the authority to adopt rules for the administration of this chapter and for the commission's internal management and control. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on June 19, 1991. TRD-9107292 K. R. Ethridge Field Representative Commission on Fire Protection Personnel Standards and Education Effective date: July 10, 1991 Proposal publication date: April 16, 1991 For further information, please call: (512) 837-9851 Minimum Standards for Aircraft Crash and Rescue Instructor Certification 37 TAC sec.233.43 The repeal is adopted under the Government Code, Executive Branch, Chapter 416, sec.416.007, related to general powers which provides the commission with the authority to adopt rules for the administration of this chapter and for the commission's internal management and control. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on June 19, 1991. TRD-9107293 K. R. Ethridge Field Representative Commission on Fire Protection Personnel Standards and Education Effective date: July 10, 1991 Proposal publication date: April 16, 1991 For further information, please call: (512) 837-9851 Minimum Standards for Fire and Arson Investigation Personnel 37 TAC sec.sec.233.61-233.64 The repeals are adopted under the Government Code, Executive Branch, Chapter 416, sec.416.007, related to general powers which provides the commission with the authority to adopt rules for the administration of this chapter and for the commission's internal management and control. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on June 19, 1991. TRD-9107294 K. R. Ethridge Field Representative Commission on Fire Protection Personnel Standards and Education Effective date: July 10, 1991 Proposal publication date: April 16, 1991 For further information, please call: (512) 837-9851 Basic Fire and Arson Investigator Certification for Law Enforcement Officers 37 TAC sec.233.66 The repeal is adopted under the Government Code, Executive Branch, Chapter 416, sec.416.007, related to general powers which provides the commission with the authority to adopt rules for the administration of this chapter and for the commission's internal management and control. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on June 19, 1991. TRD-9107295 K. R. Ethridge Field Representative Commission on Fire Protection Personnel Standards and Education Effective date: July 10, 1991 Proposal publication date: April 16, 1991 For further information, please call: (512) 837-9851 Requirements for Associate of Applied Science Degree-Fire Technology 37 TAC sec.233.71 The repeal is adopted under the Government Code, Executive Branch, Chapter 416, sec.416.007, related to general powers which provides the commission with the authority to adopt rules for the administration of this chapter and for the commission's internal management and control. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on June 19, 1991. TRD-9107296 K. R. Ethridge Field Representative Commission on Fire Protection Personnel Standards and Education Effective date: July 10, 1991 Proposal publication date: April 16, 1991 For further information, please call: (512) 837-9851 Minimum Standards for Marine Fire Fighters 37 TAC sec.233.81 The is adopted under the Government Code, Executive Branch, Chapter 416, sec.416.007, related to general powers which provides the commission with the authority to adopt rules for the administration of this chapter and for the commission's internal management and control. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on June 19, 1991. TRD-9107297 K. R. Ethridge Field Representative Commission on Fire Protection Personnel Standards and Education Effective date: July 10, 1991 Proposal publication date: April 16, 1991 For further information, please call: (512) 837-9851 Minimum Standards for Fire Prevention Personnel 37 TAC sec.sec.233.101-233.111 The repeals are adopted under the Government Code, Executive Branch, Chapter 416, sec.416.007, related to general powers which provides the commission with the authority to adopt rules for the administration of this chapter and for the commission's internal management and control. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on June 19, 1991. TRD-9107298 K. R. Ethridge Field Representative Commission on Fire Protection Personnel Standards and Education Effective date: July 10, 1991 Proposal publication date: April 16, 1991 For further information, please call: (512) 837-9851 Minimum Standards for Recruit Training Facilities 37 TAC sec.sec.233.121-233.128 The repeals are adopted under the Government Code, Executive Branch, Chapter 416, sec.416.007, related to general powers which provides the commission with the authority to adopt rules for the administration of this chapter and for the commission's internal management and control. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on June 19, 1991. TRD-9107299 K. R. Ethridge Field Representative Commission on Fire Protection Personnel Standards and Education Effective date: July 10, 1991 Proposal publication date: April 16, 1991 For further information, please call: (512) 837-9851 Aircraft Crash and Rescue Fire Fighter Standards 37 TAC sec.233.142 The repeal is adopted under the Government Code, Executive Branch, Chapter 416, sec.416.007, related to general powers which provides the commission with the authority to adopt rules for the administration of this chapter and for the commission's internal management and control. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on June 19, 1991. TRD-9107300 K. R. Ethridge Field Representative Commission on Fire Protection Personnel Standards and Education Effective date: July 10, 1991 Proposal publication date: April 16, 1991 For further information, please call: (512) 837-9851 Certification and Renewal Fees 37 TAC sec.sec.233.151-233.156 The repeals are adopted under the Government Code, Executive Branch, Chapter 416, sec.416.007, related to general powers which provides the commission with the authority to adopt rules for the administration of this chapter and for the commission's internal management and control. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on June 19, 1991. TRD-9107301 K. R. Ethridge Field Representative Commission on Fire Protection Personnel Standards and Education Effective date: July 10, 1991 Proposal publication date: April 16, 1991 For further information, please call: (512) 837-9851 Minimum Standards for Aircraft Crash and Rescue Training Facilities 37 TAC sec.233.158 The repeal is adopted under the Government Code, Executive Branch, Chapter 416, sec.416.007, related to general powers which provides the commission with the authority to adopt rules for the administration of this chapter and for the commission's internal management and control. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on June 19, 1991. TRD-9107302 K. R. Ethridge Field Representative Commission on Fire Protection Personnel Standards and Education Effective date: July 10, 1991 Proposal publication date: April 16, 1991 For further information, please call: (512) 837-9851 Miscellaneous Fees 37 TAC sec.233.160, sec.233.161 The repeals are adopted under the Government Code, Executive Branch, Chapter 416, sec.416.007, related to general powers which provides the commission with the authority to adopt rules for the administration of this chapter and for the commission's internal management and control. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on June 19, 1991. TRD-9107303 K. R. Ethridge Field Representative Commission on Fire Protection Personnel Standards and Education Effective date: July 10, 1991 Proposal publication date: April 16, 1991 For further information, please call: (512) 837-9851 Chapter 235. Forms 37 TAC sec.sec.235.1, 235.3, 235.5, 235.7 The Commission on Fire Protection Personnel Standards and Education adopts new sec.sec.235.1, 235.3, 235.5, 235.7 and repeal sec.sec.235.11, 235.21-235.28, 235. 41, and 235.43 concerning forms and policies, without changes to the proposed text as published in the April 16, 1991, issue of the Texas Register (16 TexReg 2220). The new sections provide the means and procedure for information submission to the agency and dissemination of information by the agency as necessary to comply with legislative mandates. They will provide clear and concise language to aid in agency operation and promote a better understanding of agency procedures. The repeals are necessary to delete obsolete, contradictory, and inadequate language which is seriously hampering the commission in its actions concerning matters before the commission. The rules established by the new sections will enable the agency to create and maintain forms as needed to conduct all business before the agency and will replace the repeals. No comments were received regarding adoption of the new and repealed sections. The new sections are adopted under Government Code, Executive Branch, Chapter 416, sec.416.007 which provides the Commission on Fire Protection with the authority to adopt rules for the administration of this chapter and for the commission's internal management and control. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on June 19, 1991. TRD-9107309 K. R. Ethridge Field Representative Commission on Fire Protection Personnel Standards and Education Effective date: July 10, 1991 Proposal publication date: April 16, 1991 For further information, please call: (512) 837-9851 Chapter 235. Policy Definition of a Full Paid Fire Fighter 37 TAC sec.235.11 The repeal is adopted under the Government Code, Executive Branch, Chapter 416, sec.416.007, related to general powers which provide the commission with the authority to adopt rules for the administration of this chapter and for the commission's internal management and control. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on June 19, 1991. TRW-9107306 K. R. Ethridge Field Representative Commission on Fire Protection Personnel Standards and Education Effective date: July 10, 1991 Proposal publication date: April 16, 1991 For further information, please call: (512) 837-9851 Proper Utilization of CFP Forms 37 TAC sec.sec.235.21-235.28 The repeals are adopted under the Government Code, Executive Branch, Chapter 416, sec.416.007, related to general powers which provide the commission with the authority to adopt rules for the administration of this chapter and for the commission's internal management and control. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on June 19, 1991. TRD-9107307 K. R. Ethridge Field Representative Commission on Fire Protection Personnel Standards and Education Effective date: July 10, 1991 Proposal publication date: April 16, 1991 For further information, please call: (512) 837-9851 Definition of Fire Fighting Experience 37 TAC sec.235.41, sec.235.43 The repeals are adopted under the Government Code, Executive Branch, Chapter 416, sec.416.007, related to general powers which provide the commission with the authority to adopt rules for the administration of this chapter and for the commission's internal management and control. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on June 19, 1991. TRD-9107308 K. R. Ethridge Field Representative Commission on Fire Protection Personnel Standards and Education Effective date: July 10, 1991 Proposal publication date: April 16, 1991 For further information, please call: (512) 837-9851 Chapter 237. Fire Fighter Safety 37 TAC sec.sec.237.1, 237.3, 237.5 The Commission on Fire Protection Personnel Standards and Education adopts new sec.sec.237.1, 237.3, and 237.5, concerning fire fighter safety, without changes to the proposed text as published in the April 16, 1991, issue of the Texas Register (16 TexReg 2221). The new sections provide the rules for employers of fire protection personnel, who must comply with state law in regard to fire fighter safety as related to protective clothing and breathing apparatus. The rules established by these sections will result in uniform compliance across the state which will improve fire fighter safety in general. No comments were received regarding adoption of the new sections. The new sections are adopted under the Government Code, Executive Branch, Chapter 416, sec.416.041 and sec.416.042, which provides the Commission on Fire Protection with the authority to set standards for fire fighter safety in regarding to protective clothing and breathing apparatus. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on June 19, 1991. TRD-9107311 K. R. Ethridge Field Representative Commission on Fire Protection Personnel Standards and Education Effective date: July 10, 1991 Proposal publication date: April 16, 1991 For further information, please call: (512) 837-9851 Chapter 237. Fire Fighter Safety Equipment 37 TAC sec.237.11 The Commission on Fire Protection Personnel Standards and Education adopts the repeal of sec.237.11 concerning fire fighter boots, without changes to the proposed text as published in the April 16, 1991, issue of the Texas Register (16 TexReg 2221). The repeal is necessary to delete obsolete, contradictory, and inadequate language which is seriously hampering the commission in its actions concerning matters before the commission. The repealed sections will be replaced with new sections. No comments were received regarding adoption of the repeal. The repeal is adopted under the Government Code, Executive Branch, Chapter 416, sec.416.007, related to general powers which provides the commission with the authority to adopt rules for the administration of this chapter and for the commission's internal management and control. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on June 19, 1991. TRD-9107310 K. R. Ethridge Field Representative Commission on Fire Protection Personnel Standards and Education Effective date: July 10, 1991 Proposal publication date: April 16, 1991 For further information, please call: (512) 837-9851 Chapter 239. Fees 37 TAC sec.sec.239.1, 239.3, 239.5, 239.7, 239.9, 239.11 The Commission on Fire Protection Personnel Standards and Education adopts new sec.sec.239.1, 239.3, 239.5, 239.7, 239.9, and 239.11, concerning fees, without changes to the proposed text as published in the April 16, 1991, issue of the Texas Register (16 TexReg 2221). The new sections supply the rules regarding certification fees, renewal fees, and general cost recovery for manuals, lesson plans, and other information supplied by the commission as required by the state. For the most part these sections contain language clarification which will aid the public in understanding the procedures for collecting fees. The increased manual fees will enable the commission to provide a quality manual. No comments were received regarding adoption of the new section. The sections are adopted under the Government Code, Executive Branch, Chapter 416, sec.416.009 and sec.416.010, which provides the Commission on Fire Protection with the authority to set fees for certification and renewal of certification and for manuals and general cost recovery for printing and copying. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on June 19, 1991. TRD-9107312 K. R. Ethridge Field Representative Commission on Fire Protection Personnel Standards and Education Effective date: July 10, 1991 Proposal publication date: April 16, 1991 For further information, please call: (512) 837-9851 State Board of Insurance Exempt Filing Notification Pursuant to the Insurance Code, Chapter 5, Subchapter L (Editor's note: As required by the Insurance Code, Article 5.96 and Article 5.97, the Register publishes notices of actions taken by the State Board of Insurance pursuant to Chapter 5, Subchapter L, of the Code. Board action taken under these articles is not subject to the Administrative Procedure and Texas Register Act, and the final actions printed in this section have not been previously published as proposals. These actions become effective 15 days after the date of publication or on a later specified date. The text of the material being adopted will not be published, but may be examined in the offices of the State Board of Insurance, 1110 San Jacinto Street, Austin.) The State Board of Insruance has adopted amendments to the Texas Automobile Manual (the Manual), and the Texas Standard Provisions for Automobile Policies (the Standard Provisions). The Manual is amended by adding endorsement SI 1, and the Standards Provisions are amended by adding endorsement SI 1 to the Single Interest Automobile Physical Damage Insurance Policy (Individual Policy Form). These amendments are editorial in nature, and they change the reference to Exclusion IV.J. in Section VII-Conditions-C. Other Insurance, to reference Exclusion IV.H. It is necessary to amend the Manual's Endorsement Supplement cross reference schedule to reflect the addition of endorsement SI 1 by adding subsection F. Additionally, an amendment to the Manual's Texas Endorsement Supplement cross reference schedule under Rule Number 135 changes 135.1.B.3., 1.B.6. 1.B.7, and 1. B.9. to read 135.1.C.3., 1.C.6., 1.C.7. and 1.C.9. respectively. This amendment is editorial in nature, also. This notification is made pursuant to the Insurance Code, Article 5.97, which exempts it from the requirements of the Administrative Procedure and Texas Register Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on June 21, 1991. TRD-9107390 Nicholas Murphy Chief Clerk State Board of Insurance Effective date: August 1, 1991 For further information, please call: (512) 463-6327 Open Meetings Agencies with statewide jurisdiction must give at least seven days notice before an impending meeting. Institutions of higher education or political subdivisions covering all or part of four or more counties (regional agencies) must post notice at least 72 hours prior to a scheduled meeting time. Some notices may be received too late to be published before the meeting is held, but all notices are published in the Texas Register. Emergency meetings and agendas. Any of the governmental entities named above must have notice of an emergency meeting, an emergency revision to an agenda, and the reason for such emergency posted for at least two hours before the meeting is convened. Emergency meeting notices filed by all governmental agencies will be published. Posting of open meeting notices. All notices are posted on the bulletin board outside the Office of the Secretary of State on the first floor of the East Wing in the State Capitol, Austin. These notices may contain more detailed agenda than what is published in the Texas Register. Texas Department of Agriculture Monday, July 1, 1991, 8:30 a.m. The Texas Agricultural Finance Authority of the Texas Department of Agriculture will meet at the Stephen F. Austin Building, 1700 North Congress Avenue, Room 924, Austin. According to the agenda summary, the authority will discuss and act on minutes of June 14, 1991 meeting; hear report on Attorney General opinion request; consideration and action on opinion request and financial assistance applications; staff report on commercial paper notes; report from rule revision committee; staff report on travel expenses; and discussion on other business. Contact: Dick Waterfield, 1700 North Congress Avenue, Room 924, Austin, Texas 78701, (512) 475-1614. Filed: June 21, 1991, 4:20 p.m. TRD-9107454 Friday, July 12, 1991, 9 a.m. The Texas Department of Agriculture will meet at the Texas Department of Agriculture District Office, Expressway 83, Two Blocks West of Morningside Road, San Juan. According to the complete agenda, the department will hold an administrative hearing to review alleged violation of Texas Agriculture Code sec.103.001, et seq by Krio Produce, Inc., as petitioned by Bruno Escobar. Contact: Dolores Alvarado Hibbs, P.O. Box 12847, Austin, Texas 78711, (512) 463-7583. Filed: June 20, 1991, 1:54 p.m. TRD-9107350 Friday, July 12, 1991, 10 a.m. The Texas Department of Agriculture will meet at the Texas Department of Agriculture District Office, Expressway 83, Two Blocks West of Morningside Road, San Juan. According to the complete agenda, the department will hold an administrative hearing to review alleged violation of Texas Agriculture Code sec.103.001, et seq by Margarito G. Singh versus Teddy Bertuca Co. Contact: Dolores Alvarado Hibbs, P.O. Box 12847, Austin, Texas 78711, (512) 463-7583. Filed: June 20, 1991, 1:55 p.m. TRD-9107351 Friday, July 12, 1991, 11 a.m. The Texas Department of Agriculture will meet at the Texas Department of Agriculture District Office, Expressway 83, Two Blocks West of Morningside Road, San Juan. According to the complete agenda, the department will hold an administrative hearing to review alleged violation of Texas Agriculture Code sec.103.001, et seq by Mexican Blue Eyes, Inc. as petitioned by Charles Bennett Murphee. Contact: Dolores Alvarado Hibbs, P.O. Box 12847, Austin, Texas 78711, (512) 463-7583. Filed: June 20, 1991, 1:55 p.m. TRD-9107352 Monday, July 15, 1991, 1 p.m. The Texas Department of Agriculture will meet at the Texas Department of Agriculture, Stephen F. Austin Building, 1700 North Congress Avenue, Room 933, Austin. According to the complete agenda, the department will hold an administrative hearing to review alleged violation of Texas Agriculture Code sec.76.116(a)(1)(Vernon 1991); and 4 TAC sec.7.22(a) by James B. Garrett. Contact: Chris Hanger, P.O. Box 12847, Austin, Texas 78711, (512) 463-7703. Filed: June 21, 1991, 10:37 a.m. TRD-9107398 Texas Commission on Alcohol and Drug Abuse Tuesday, June 25, 1991, 8:30 a.m. The Board of Commissioners of the Texas Commission on Alcohol and Drug Abuse met at 720 Brazos Street, Suite 800, Austin. According to the emergency revised agenda summary, the board acted on appeal of comprehensive services request for proposal from Oxford Counseling Center. The emergency status was necessary as action needed on item within 30 days by the board of commissioners. Contact: Becky Davis or David Tatum, 720 Brazos Street, Suite 403, Austin, Texas 78701, (512) 867-8700. Filed: June 21, 1991, 9:13 a.m. TRD-9107392 Thursday, July 11, 1991, 9:30 a.m. The Grant and Contract Review Committee of the Texas Commission on Alcohol and Drug Abuse will meet at the Perry Brooks Building, Eighth Floor Conference Room, 720 Brazos Street, Austin. According to the complete agenda, the committee will deliberate and determine final funding decisions on eligible applications received through the Comprehensive Alcohol and Drug Abuse Services request for proposals. Contact: Reta Alexander, 720 Brazos Street, Ste. 403, Austin, Texas 78701-2506, (512) 867-8700. Filed: June 21, 1991, 9:13 a.m. TRD-9107391 Texas Department of Aviation Thursday, July 11, 1991, 11:30 a.m. The Texas Board of Aviation of the Texas Department of Aviation will meet at Louie B's Restaurant, 301 East Sixth Street, Austin. According to the agenda summary, the members of the Texas Board of Aviation plan to have lunch. Although this function is primarily a social event and no formal action is planned, the members may discuss items concerning the board meeting which is scheduled for 1:30 p.m., July 11, 1991. Contact: Lydia Scarborough, P.O. Box 12607, Austin, Texas 78711, (512) 476-9262. Filed: June 24, 1991, 9:02 a.m. TRD-9107466 Thursday, July 11, 1991, 1:30 p.m. The Texas Board of Aviation of the Texas Department of Aviation will meet at the Anson Jones Building, 410 East Fifth Street, Room 221, Austin. According to the agenda summary, the board will approve minutes of the May 21, 1991 meeting; Facilities Development Program: consideration of proposed changes to the 1991 and 1992 Facilities Development Program; proposed projects to be moved to Federal FY 1991; proposed projects to be moved to Federal FY 1993; consideration of project cost increases; facilities development program status report; consideration of drug free work place policy; consideration of the safety and health program; and hear director's report. Contact: Lydia Scarborough, P.O. Box 12607, Austin, Texas 78711, (512) 476-9262. Filed: June 24, 1991, 9:02 a.m. TRD-9107467 Bond Review Board Thursday, June 27, 1991, 10 a.m. The Bond Review Board held an emergency meeting at the State Capitol, Sergeant's Committee Room, Austin. According to the complete agenda, the board called the meeting to order; considered proposed issue: application of Texas Higher Education Coordinating Board for issuance of Student Loan Revenue Bonds, Series 1991; discussed other business; and adjourned. The emergency status was necessary because consideration of issue postponed at issuer's request from regular board meeting. Contact: Tom K. Pollard, 506 Sam Houston Building, 201 East 14th Street, Austin, Texas 78701, (512) 463-1741. Filed: June 21, 1991, 1:10 p.m. TRD-9107415 Daughters of the Republic of Texas, Inc. Tuesday-Wednesday, July 2-3, 1991, 2 p.m. and 1 p.m. respectively. The Board of Management of the Daughters of the Republic of Texas, Inc. will meet at the Howard Johnson Hotel, Trinity East Meeting Room, 7800 North IH-35, Austin. According to the complete agenda, the board will, on Tuesday call the meeting to order in an open public session to determine quorum; announcement of closed session pursuant to Article 6252-17 sec.2(a); give invocation; pledge to flags; recess to closed executive session to discuss matters affecting stated-owned properties pursuant to Article sec.2(a), lawyer advice regarding threatened litigation; recess to open meeting; open business-state property-museum; and adjourn. On Wednesday, the meeting will be called to order, reopen public session; to determine quorum; announcement of closed session pursuant to Article 6252-17 sec.2(a); invocation; pledge to flags; recess to closed executive session to discuss matters affecting state owned properties pursuant to Article 6252-17 sec.2(a)-lawyer advice; recess to open meeting to discuss open business session of state owned property-museum; and adjourn. Contact: Sam Dibrell, 515 Busby Drive, San Antonio, Texas 78209-1172, (512) 824-3228. Filed: June 24, 1991, 10:19 a.m. TRD-9107484 Texas Commission for the Deaf Friday, June 28, 1991, 9:30 a.m. The Board of Commissioners of the Texas Commission for the Deaf will meet at the Texas Rehabilitation Commission, Commissioners Planning Facility #7231, 4900 North Lamar Boulevard, Austin. According to the complete agenda, the board will call the meeting to order; hear public comments; approval of April 26, 1991 minutes; hear chairperson's report; executive director's report-timely information update; budget as of April 30, 1991; approval of certification/recertification/revocation; interpreter fee schedule; recommended reimbursement rate to interpreters; update on IAC;s; legislative wrap-up; discuss old business; new business; announcements; and adjourn. Contact: Larry Evans, 1524 South IH-35, Suite 200, Austin, Texas 78704, (512) 444-3323. Filed: June 21, 1991, 1:49 p.m. TRD-9107419 Texas Education Agency Friday, June 28, 1991, 10 a.m. The Commission on Standards for the Teaching Profession of the Texas Education Agency will meet at the William B. Travis Building, 1701 North Congress Avenue, Room 8-101, Austin. According to the agenda summary, the commission will take roll call; adoption of agenda; approval of minutes; individual programs (1987 standards); Midwestern State University, Our Lady of the Lake University, Texas A&I University and University of North Texas; review and recommendation of proposed new Rule 19 TAC sec.141.250; substitution of management training or professional experience for certification credit for mid-management administrator and superintendent certification programs; review and recommendation of requirements for associate and school psychologist, to include national certification; and discussion of plans for 44th annual Texas conference on teacher education. Contact: Edward M. Vodicka, 1701 North Congress Avenue, Austin, Texas 78701, (512) 463-9337. Filed: June 20, 1991, 5:10 p.m. TRD-9107385 Texas Employment Commission Monday, July 1, 1991, 1:30 p.m. The Texas Employment Commission will meet at the TEC Building, 101 East 15th Street, Room 644, Austin. According to the agenda summary, the commission will approve prior meeting notes; internal procedures of commission appeals; consideration and action on tax liability cases and higher level appeals in unemployment compensation cases listed on Commission Docket 27; and set date on next meeting. Contact: Courtenay Browning, 101 East 15th Street, Austin, Texas 78778, (512) 463-2226. Filed: June 21, 1991, 4:03 p.m. TRD-9107447 Commission of Fire Protection Thursday, July 11, 1991, 10 a.m. The Select Board, Commission for Executive Directors of the Commission of Fire Protection will meet at 9800 North Lamar Boulevard, #160, Austin. According to the agenda summary, the committee members Pat Hughes, James Roberts, Wayne Sibley and Chairman Bill Strickland will meet to interview four applicant finalists: Rose Michel Munguia, Bill Carter, Robert Fowler and Cy Long, for the executive director position. The Committee will deliberate upon completion of the interviews and announce on July 12, 1991, at the regular quarterly commission meeting; discuss new business, by the chairman, the appointment of an executive director for the Commission on Fire Protection Personnel Standards and Education pursuant to sec.2-(g) of the Texas Open Meeting Act, Texas Revised Civil Statute, Article 6252-17. Contact: K. R. Ethridge, 9800 North Lamar Boulevard, #160, Austin, Texas 78704, (512) 837-9851. Filed: June 21, 1991, 10:41 a.m. TRD-9107402 Thursday, July 11, 1991, 1 p.m. The Fire Suppression Committee of the Commission of Fire Protection will meet at the Embassy Suites Hotel North, 5901 North IH-35, Austin. According to the agenda summary, the committee will consider final adoption of continuing education for structural fire protection personnel; consider subcommittee proposal from statewide testing committee regarding structural fire protection personnel; and subcommittee proposal from statewide hazardous material advisory committee. Contact: K. R. Ethridge, 9800 North Lamar Boulevard, #160, Austin, Texas 78704, (512) 837-9851. Filed: June 21, 1991, 10:41 a.m. TRD-9107403 Thursday, July 11, 1991, 2:30 p.m. The Fire Service Instructor Committee of the Commission of Fire Protection will meet at the Embassy Suites Hotel North, 5901 North IH-35, Austin. According to the agenda summary, the committee will consider final adoption of instructor training courses and consider rule regarding reciprocity agreement concerning accepting methods of teaching courses from Texas Department of Health and Texas Commission of Law Enforcement. Contact: K. R. Ethridge, 9800 North Lamar Boulevard, #160, Austin, Texas 78704, (512) 837-9851. Filed: June 21, 1991, 10:41 a.m. TRD-9107404 Thursday, July 11, 1991, 3:30 p.m. The Fire Protection Committee of the Commission of Fire Protection will meet at the Embassy Suites Hotel North, 5901 North IH-35, Austin. According to the agenda summary, the committee will consider proposal from statewide fire and arson investigation committee regarding fire arson investigator certification curriculum. Contact: K. R. Ethridge, 9800 North Lamar Boulevard, #160, Austin, Texas 78704, (512) 837-9851. Filed: June 21, 1991, 10:41 a.m. TRD-9107405 Thursday, July 11, 1991, 4:40 p.m. The Aircraft Crash and Rescue Fire Protection Committee of the Commission of Fire Protection will consider subcommittee proposals for statewide CFR certification. Contact: K. R. Ethridge, 9800 North Lamar Boulevard, #160, Austin, Texas 78704, (512) 837-9851. Filed: June 21, 1991, 10:42 a.m. TRD-9107406 Thursday, July 11, 1991, 5:30 p.m. The Assessment and Development Committee of the Commission of Fire Protection will meet at the Embassy Suites Hotel North, 5901 North IH-35, Austin. According to the agenda summary, the committee will consider report from statewide fines task force committee for the purpose of setting rules outlining fines procedures and amounts. Contact: K. R. Ethridge, 9800 North Lamar Boulevard, #160, Austin, Texas 78704, (512) 837-9851. Filed: June 21, 1991, 10:42 a.m. TRD-9107407 Thursday, July 12, 1991, 9 a.m. The Commission of Fire Protection will meet at the Embassy Suites Hotel North, 5901 North IH-35, Austin. According to the agenda summary, the commission will hold their quarterly meeting and hear committee reports; and consider new business and old business. Contact: K. R. Ethridge, 9800 North Lamar Boulevard, #160, Austin, Texas 78704, (512) 837-9851. Filed: June 21, 1991, 10:42 a.m. TRD-9107408 Governor's Task Force on Revenue Saturday, June 29, 1991, 9:30 a.m. The Governor's Task Force on Revenue will meet at the State Capitol, Senate Chamber, Austin. According to the complete agenda, the Task Force will consider final recommendations; and adoption of final recommendations. Contact: Terrell Blodgett, P.O. Box 12068, Austin, Texas 78711, (512) 463-3004. Filed: June 21, 1991, 3:51 p.m. TRD-9107445 Texas Department of Health Saturday, June 29, 1991, 9 a.m. The Continuing Education Committee of the Medical Technologist Advisory Board of the Texas Department of Health will meet at the Texas Department of Health, 4200 North Lamar Boulevard, Room 204B, Austin. According to the complete agenda, the board will consider and possibly act on materials prepared by the Department of Health staff relating to continuing education; various concerns regarding continuation education for medical radiologic technologists; and committee recommendations on continuing education. Contact: Donna Hardin, 1100 West 49th Street, Austin, Texas 78756, (512) 459-2960. Filed: June 21, 1991, 4:06 p.m. TRD-9107448 Saturday, June 29, 1991, 10 a.m. The Personnel/Search Committee of the Texas Board of Health of the Texas Department of Health will meet at the Texas Department of Health, 1100 West 49th Street, Room M-739, Austin. According to the complete agenda, the committee will discuss in executive session the candidates for the position of Commissioner of Health, Texas Department of Health; and select in open session the list of candidates to be interviewed for the position of Commissioner of Health. Contact: Kris Lloyd, 1100 West 49th Street, Austin, Texas 78756, (512) 458-7484. Filed: June 21, 1991, 4:06 p.m. TRD-9107449 Saturday, June 29, 1991, 10:30 a.m. The Medical Radiologic Technologist Advisory Board will meet at the Professional Licensing and Certification Division Conference Room, 4200 North Lamar Boulevard, Austin. According to the complete agenda, the board will approve minutes of previous meeting; consider and possibly act on program administrator's report; chairman's report; committee appointments; public comments received and approval of amendments to rules in 25 TAC, Chapter 143; committee reports; applications recommended for disapproval by program administrator; hear announcements and consider other matters not requiring board action; and set next meeting date. Contact: Donna Hardin, 1100 West 49th Street, Austin, Texas 78756, (512) 459-2965. Filed: June 20, 1991 1:56 p.m. TRD-9107354 Wednesday, July 10, 1991, 1:30 p.m. The Case Management Subcommittee of the Maternal and Child Health Advisory Committee of the Texas Department of Health will meet at the Texas Department of Health, 1100 West 49th Street, Room T-407, Austin. According to the complete agenda, the subcommittee will consider and possibly act on status of document titled, "Case Management: A Component of Care Coordination"; Maternal and Infant Health Improvement Act case management activities; public health Region Three maternal and infant care access grant; case management reimbursement activities of the Texas Department of Human Services. Contact: Walter P. Peter, Jr., 1100 West 49th Street, Austin, Texas 78756, (512) 458-7700. Filed: June 21, 1991, 4:06 p.m. TRD-9107450 Wednesday, July 10, 1991, 3:30 p.m. The Integrated Eligibility Subcommittee of the Maternal and Child Health Advisory Committee of the Texas Department of Health will meet at the Texas Department of Health, 1100 West 49th Street, Room M-618, Austin. According to the complete agenda, the subcommittee will review integrated eligibility pilot projects funded by the Texas Department of Health (Amarillo-Public Health Region 2/Texas Tech Project; Houston-Harris County Hospital District Automation Project; Public Health Region 1-MCH Services and Billing Automation Project); and a statewide integrated application process of publicly funded programs. Contact: Walter P. Peter, Jr., 1100 West 49th Street, Austin, Texas 78756, (512) 458-7700. Filed: June 21, 1991, 4:06 p.m. TRD-9107451 Thursday, July 11, 1991, 8:30 a.m. The Maternal and Child Health Advisory Committee of the Texas Department of Health will meet at the Texas Department of Health, 1100 West 49th Street, Room T-607, Austin. According to the complete agenda, the committee will consider and possibly act on legislative update; integrated eligibility; case management; Title V block grant application for fiscal year 1992; project with Texas Commission on Alcohol and Drug Abuse concerning the prevention of substance abuse during pregnancy; Maternal and Infant Health Improvement Act contracts for fiscal year 1992; early periodic screening dental treatment update; medicaid activities involving numbers of clients served and dollars allocated to date for fiscal year 1991; election of officers; consider old and new business not requiring any action; and hear public comments. Contact: Walter P. Peter, Jr., 1100 West 49th Street, Austin, Texas 78756, (512) 458-7000. Filed: June 20, 1991, 1:56 p.m. TRD-9107355 Wednesday, July 17, 1991, 10 a.m. The Advisory Committee on Personal Care Facilities of the Texas Department of Health will meet at the Texas Department of Health, 1100 West 49th Street, Room T-610, Austin. According to the complete agenda, the committee will consider and possibly act on legislative update; implementation of current licensing and standards; appointment of subcommittee to implement Senate Bill 865, 72nd Legislation, Regular Session, 1991. Contact: Richard Butler, 1100 West 49th Street, Austin, Texas 78756, (512) 458-7706. Filed: June 21, 1991, 4:07 p.m. TRD-9107452 Texas Higher Education Coordinating Board Thursday, July 11, 1991, 9:30 a.m. The Committee of the Whole of the Texas Higher Education Coordinating Board will meet at the Chevy Chase Office Complex Building One, Room 1.100, 7700 Chevy Chase Drive, Austin. According to the complete agenda, the committee will consider possible actions necessary if funding of higher education is inadequate: closure of degree programs; enrollment ceilings; recommendations for increases in the tuition rates charged at public institutions of higher education; and closing or merging institutions; and report on recommendations of Texas Performance Review related to higher education. Contact: Kenneth H. Ashworth, P.O. Box 12788, Austin, Texas 78711, (512) 483-6101. Filed: June 20, 1991, 1:47 p.m. TRD-9107336 Thursday, July 11, 1991, 10:15 a.m. The Universities Committee of the Texas Higher Education Coordinating Board will meet at the Chevy Chase Office Complex Building One, Room 1.100, 7700 Chevy Chase Drive, Austin. According to the agenda summary, the committee will consider matters relating to universities. Contact: Kenneth H. Ashworth, P.O. Box 12788, Austin, Texas 78711, (512) 483-6101. Filed: June 20, 1991, 1:47 p.m. TRD-9107337 Thursday, July 11, 1991, 11 a.m. The Health Affairs Committee of the Texas Higher Education Coordinating Board will meet at the Chevy Chase Office Complex Building One, Room 1.100, 7700 Chevy Chase Drive, Austin. According to the agenda summary, the committee will consider matters relating to health affairs. Contact: Kenneth H. Ashworth, P.O. Box 12788, Austin, Texas 78711, (512) 483-6101. Filed: June 20, 1991, 1:47 p.m. TRD-9107338 Thursday, July 11, 1991, 11:30 a.m. The Community Colleges and Technical Institutes Committee of the Texas Higher Education Coordinating Board will meet at the Chevy Chase Office Complex Building One, Room 1.100, 7700 Chevy Chase Drive, Austin. According to the agenda summary, the committee will consider matters relating to community colleges and technical institutes. Contact: Kenneth H. Ashworth, P.O. Box 12788, Austin, Texas 78711, (512) 483-6101. Filed: June 20, 1991, 1:47 p.m. TRD-9107339 Thursday, July 11, 1991, noon. The Committee of the Whole of the Texas Higher Education Coordinating Board will meet at the Chevy Chase Office Complex Building One, Room 1.100, 7700 Chevy Chase Drive, Austin. According to the complete agenda, the committee will meet in executive session to hear a report on the status of South Texas Lawsuit. Contact: Kenneth H. Ashworth, P.O. Box 12788, Austin, Texas 78711, (512) 483-6101. Filed: June 20, 1991, 1:48 p.m. TRD-9107340 Thursday, July 11, 1991, 1 p.m. The Educational Opportunity Committee of the Texas Higher Education Coordinating Board will meet at the Chevy Chase Office Complex Building One, Room 1.100, 7700 Chevy Chase Drive, Austin. According to the complete agenda, the committee will consider two additional recommendations to institutions for actions to carry out the Texas Educational Opportunity Plan; create action plan for the recruitment and retention of minority students; and carry out research projects that review and critique minority recruitment and retention efforts. Contact: Kenneth H. Ashworth, P.O. Box 12788, Austin, Texas 78711, (512) 483-6101. Filed: June 20, 1991, 1:48 p.m. TRD-9107341 Thursday, July 11, 1991, 1:15 p.m. The Campus Planning Committee of the Texas Higher Education Coordinating Board will meet at the Chevy Chase Office Complex Building One, Room 1.100, 7700 Chevy Chase Drive, Austin. According to the agenda summary, the committee will consider matters relating to campus planning. Contact: Kenneth H. Ashworth, P.O. Box 12788, Austin, Texas 78711, (512) 483-6101. Filed: June 20, 1991, 1:48 p.m. TRD-9107342 Thursday, July 11, 1991, 2 p.m. The Student Services Committee of the Texas Higher Education Coordinating Board will meet at the Chevy Chase Office Complex Building One, Room 1.100, 7700 Chevy Chase Drive, Austin. According to the agenda summary, the committee will consider matters relating to student services. Contact: Kenneth H. Ashworth, P.O. Box 12788, Austin, Texas 78711, (512) 483-6101. Filed: June 20, 1991, 1:49 p.m. TRD-9107343 Thursday, July 11, 1991, 2:30 p.m. The Texas Higher Education Coordinating Board will meet at the Chevy Chase Office Complex Building One, Room 1.100, 7700 Chevy Chase Drive, Austin. According to the complete agenda, the board will consider matters relating to Joint Liaison Committee, Coordinating Board/State Board of Education. Contact: Kenneth H. Ashworth, P.O. Box 12788, Austin, Texas 78711, (512) 483-6101. Filed: June 20, 1991, 1:49 p.m. TRD-9107344 Thursday, July 11, 1991, 2:45 p.m. The Administration and Financial Planning Committee of the Texas Higher Education Coordinating Board will meet at the Chevy Chase Office Complex Building One, Room 1.100, 7700 Chevy Chase Drive, Austin. According to the agenda summary, the committee will consider matters relating to administration and financial planning. Contact: Kenneth H. Ashworth, P.O. Box 12788, Austin, Texas 78711, (512) 483-6101. Filed: June 20, 1991, 1:49 p.m. TRD-9107345 Friday, July 12, 1991, 9 a.m. The Texas Higher Education Coordinating Board will meet at the Chevy Chase Office Complex Building One, Room 1.100, 7700 Chevy Chase Drive, Austin. According to the agenda summary, the board will consider matters relating to the Committee of the Whole; the Committee on Universities; Committee on Health Affairs; Committee on Community Colleges and Technical Institutes; Committee on Educational Opportunity; Committee on Campus Planning; Committee on Student Services; Joint Liaison Committee; Committee on Administration and Financial Planning; and reports to the Coordinating Board. Contact: Kenneth H. Ashworth, P.O. Box 12788, Austin, Texas 78711, (512) 483-6101. Filed: June 20, 1991, 1:49 p.m. TRD-9107346 Texas Department of Human Services Tuesday, July 9, 1991, 9 a.m. The Medical Care Advisory Committee of the Texas Department of Human Services will meet at the Texas Department of Health, Moreton Building, 1100 West 49th Street, Room 739, Austin. According to the complete agenda, the committee will hear opening and deputy commissioner's comments; approval of minutes; reports on federal legislative update; revision to the strategic plan of the Office on Services to Persons with Disabilities; application for medicaid community supported living arrangement services; revised medical effective date policy; burial funds policy; PASARR; ICF-MR special children's facilities; PACE long-term care capitation model; staff requirements for special attendants in PHC; certain hospitals as disproportionate share hospitals; medicaid payment of certified family and pediatric nurse practitioners; disproportionate share for hospitals providing high volume medicaid days; vendor drug formulary rule change on OBRA; subcommittee reports; open discussion by members; next meeting; and adjournment. Contact: Carolyn Howell, P.O. Box 149030, Austin, Texas 78714-9030, (512) 459-3053. Filed: June 25, 1991, 9:23 a.m. TRD-9107510 Friday, July 12, 1991, 10 a.m. The Aged and Disabled Services Advisory Committee of the Texas Department of Human Services will meet at 701 West 51st Street, First Floor, East Tower, Public Hearing Room, Austin. According to the agenda summary, the committee will hear opening and deputy commissioner's comments; approval of minutes; federal legislative update; strategic plan of the Office on Services to Persons with Disabilities; application for medicaid community supported living arrangement services; republic rate hearing comments to the board; ICF/MR related conditions VIII experimental class, special medical effective date policy; burial funds policy; PASARR; reimbursement methodology for ICF-MR special children's facilities: PACE long-term Care capitation model in Texas; staff requirements for special attendants in PHC; open discussion by members; next meeting; and adjournment. Contact: Carolyn Howell, P.O. Box 149030, Austin, Texas 78714-9030, (512) 459-3053. Filed: June 25, 1991, 9:24 a.m. TRD-9107511 State Board of Insurance Monday, July 1, 1991, 9 a.m. The Commissioner's Hearing Section of the State Board of Insurance will meet at 333 Guadalupe Street, Hobby I, 12th Floor, Austin. According to the complete agenda, the section will conduct a public hearing to consider the proposed plan of merger of Diversified Life Insurance Company, San Antonio, into Unilife Insurance Company, Phoenix, Arizona, with Unilife Insurance being the survivor. Docket Number 9107401. Contact: J. C. Thomas, 333 Guadalupe Street, Hobby I, Austin, Texas 78701, (512) 475-2983. Filed: June 21, 1991, 10:40 a.m. TRD-9107401 Tuesday, July 2, 1991, 9 a.m. The State Board of Insurance will meet at the William P. Hobby Building, 333 Guadalupe Street, Room 100, Austin. According to the complete agenda, the board will hold a public hearing to consider a request by Jerry Martin Trucking on rating and calculation of an experience rating modifier, a surcharge, and rates for workers' compensation insurance. Contact: Angelia Johnson, 333 Guadalupe Street, Austin, Texas 78701, (512) 463-6328. Filed: June 24, 1991, 10:46 a.m. TRD-9107487 Tuesday, July 2, 1991, 9 a.m. The State Board of Insurance will meet at the William P. Hobby Building, 333 Guadalupe Street, Tower I, 12th Floor, Austin. According to the complete revised agenda, the board will hold a public hearing to consider a request by Jerry Martin Trucking on rating and calculation of an experience rating modifier, a surcharge, and rates for workers' compensation insurance. Contact: Angelia Johnson, 333 Guadalupe Street, Austin, Texas 78701, (512) 463-6328. Filed: June 24, 1991, 2:31 p.m. TRD-9107493 Tuesday, July 2, 1991, 1:30 p.m. The Commissioner's Hearing Section of the State Board of Insurance will meet at 333 Guadalupe Street, Hobby I, 12th Floor, Austin. According to the complete agenda, the section will conduct a public hearing to consider the application of First Benefits, Inc., Topeka, Kansas, for a Certificate of Authority to do business as a third party administrator. Docket Number 11221. Contact: James W. Norman, 333 Guadalupe Street, Hobby I, Austin, Texas 78701, (512) 475-2983. Filed: June 21, 1991, 10:40 a.m. TRD-9107400 Monday, July 8, 1991, 9 a.m. The Commissioner's Hearing Section of the State Board of Insurance will meet at 333 Guadalupe Street, Hobby I, 12th Floor, Austin. According to the complete agenda, the section will conduct a public hearing to consider the approval of amendment to the Articles of Agreement of Reliance Lloyds, Dallas, changing the principal business office, changing the attorney-in-fact and substituting underwriters. Contact: Earl Corbitt, 333 Guadalupe Street, Hobby I, Austin, Texas 78701, (512) 475-2983. Filed: June 21, 1991, 10:40 a.m. TRD-9107399 Texas Board of Professional Land Surveying Friday-Saturday, July 12-13, 1991, 9 a.m. The Texas Board of Professional Land Surveying will meet at 7701 North Lamar Boulevard, Suite 400, Austin. According to the complete agenda, the board will approve the minutes of the previous meeting; discuss correspondence; verify the April, 1991 examination results; conduct interviews; hear committee reports; conduct on formal hearing on Complaints 88-7, 90-5, 90-13, 90-14 and 90-15; review new applications; reconsider old applications; and consider new business. Contact: Sandy Smith, 7701 North Lamar Boulevard, Suite 400, Austin, Texas 78752, (512) 452-9427. Filed: June 20, 1991, 1:55 p.m. TRD-9107353 Texas Department of Licensing and Regulation Tuesday, July 2, 1991, 10 a.m. The Business and Occupational Programs, Boxing of the Texas Department of Licensing and Regulation will meet at the E. O. Thompson Building, 920 Colorado Street, Room 1012, Austin. According to the complete agenda, the department will hold an administrative hearing to consider the assessment of an administrative penalty and suspension or revocation of license on Loretta Gorman for violations of Articles 8501-1, 16 TAC, Chapter 61, 61.100 and 61.104. Contact: Paula Hamje, 920 Colorado Street, Austin, Texas 78701, (512) 475-2899. Filed: June 20, 1991, 4:54 p.m. TRD-9107334 Mental Health and Mental Retardation Center of East Texas Thursday, June 27, 1991, 4 p.m. The Board of Trustees of the Mental Health and Mental Retardation Center of East Texas met at 2323 West Front Street, Board Room, Tyler. According to the agenda summary, the board discussed the constitution and bylaws and election of officers; election of officers; and selection of auditor. Contact: Richard J. DeSanto, P.O. Box 4730, Tyler, Texas 75712, (903) 597-1351. Filed: June 21, 1991, 2:13 p.m. TRD-9107425 State Preservation Board Monday, July 1, 1991, 8:30 a.m. The Permanent Advisory Committee of the State Preservation Board will meet at the SPB Construction Trailer Conference Room, Austin. According to the agenda summary, the committee will call the meeting to order; approve minutes; discuss old or unfinished business: approval of construction documents for the Texas Capitol Interior Preservation Project and to take bids; approval of preliminary project and administrative budgets; discuss new business: approval of change order for exterior preservation project to add a construction contingency of $440,000; approval of lease of warehouse for storage of capitol artifacts; and furnishings for restoration project. Contact: Cynthia Alexander, 201 East 14th Street, Austin, Texas 78711, (512) 463-5495. Filed: June 21, 1991, 4:22 p.m. TRD-9107455 Monday, July 1, 1991, 10 a.m. The State Preservation Board will meet at the Texas Capitol, Speaker's Committee Room, Austin. According to the agenda summary, the board will call the meeting to order; approve minutes; no old or unfinished business to discuss; new business: approval of SPB rule additions and modifications to conform to Senate Bill 1117; approval of construction; documents for the Texas Capitol Interior Preservation project and to take bids; approval of construction documents for the Texas Capitol Interior Asbestos Abatement Project and to take bids; approval of preliminary project and administrative budgets; change order and construction contingency status; consulting contracts; approval of lease of warehouse for storage of Capitol artifacts and furnishings for restoration project; update on the furnishings plan; approval of Permanent Advisory Committee appointments to Collections Review Committee; approval of additions to Capitol Collections; approval of designation of Capitol trust Fund Signatory Authority; approval to develop fund raising program for historic furnishings project. Contact: Cynthia Alexander, 201 East 14th Street, Austin, Texas 78711, (512) 463-5495. Filed: June 21, 1991, 4:12 p.m. TRD-9107453 Texas Public Finance Authority Monday, July 1, 1991, 1 p.m. The Board of the Texas Public Finance Authority will meet at 1711 San Jacinto Street, Central Services Building, Room 402, Austin. According to the complete agenda, the board will call the meeting to order; approve minutes; consider request from: TDCJ for use of unobligated construction fund balances; SPGSC for $2,000,000 in additional revenue bonds; consider proposals to restructure escrow investments for 1986 advance refunding building revenue bond issue; consider selection of financial firm to assist in the implementation of the state master equipment finance program; and discuss future board meetings and agenda items. Contact: Pamela Scivicque, 1201 Brazos Street, Suite 313, Austin, Texas 78701, (512) 463-5544. Filed: June 20, 1991, 2:07 p.m. TRD-9107358 Public Utility Commission of Texas Tuesday, July 2, 1991, 1:30 p.m. The Hearings Division of the Public Utility Commission of Texas will meet at 7800 Shoal Creek Boulevard, Suite 450N, Austin. According to the complete agenda, the division will hold a prehearing conference in Docket Number 10389-application of Southwestern Bell Telephone Company to revise tariff in compliance with Substantive Rule sec.23.54. Contact: Mary Ross McDonald, 7800 Shoal Creek Boulevard, Austin, Texas 78757, (512) 458-0100. Filed: June 24, 1991, 3:30 p.m. TRD-9107502 Friday, July 5, 1991, 10 a.m. The Hearings Division of the Public Utility Commission of Texas will meet at 7800 Shoal Creek Boulevard, Suite 450N, Austin. According to the complete agenda, the division will hold a prehearing conference in Project Number 10404-Guadalupe Valley Electric Cooperative, Inc. 's report to the Public Utility Commission of Texas concerning refund of net benefits of Lower Colorado River Authority's transmission lease payment. Contact: Mary Ross McDonald, 7800 Shoal Creek Boulevard, Austin, Texas 78757, (512) 458-0100. Filed: June 24, 1991, 3:29 p.m. TRD-9107500 State Purchasing and General Services Commission Tuesday, June 25, 1991, 9:30 a.m. The State Purchasing and General Services Commission met at the Central Services Building, 1711 San Jacinto Street, Conference Room 402, Austin. According to the emergency revised agenda summary, the commission also considered and discussed proposed requests for proposals for air fare contracts. The emergency status was necessary as commission action on specifications was an immediate and not reasonably foreseen necessity to permit timely advertisement of a request for proposals for air fare contracts. Contact: Judith M. Porras, 1711 San Jacinto Street, Austin, Texas 78701, (512) 463-3446. Filed: June 24, 1991, 3:25 p.m. TRD-9107499 Texas Racing Commission Monday, July 1, 1991, 10:30 a.m. The Texas Racing Commission will meet at the Stephen F. Austin Building, 1700 North Congress Avenue, Room 118, Austin. According to the agenda summary, the commission will call the meeting to order; take roll call; approve minutes of the May 6, 1991, meeting; presentations by Sue Baittie, D.V.M., John T. Williams, and Cary Alsobrook; consideration and votes on the following: Horse and Greyhound Rulemaking, Number 91-01-02/Dennis Lee Turner, Number 90-02-0032/Roger Moore, matters relating to Gulf Greyhound-request for exemption to sec.309.311(b), request for 1992 race dates; executive session pursuant to sec.6.03(b); Texas Racing Act (Article 179e, Vernon's Texas Civil Statutes) to consider management contract with Texas Greyhound Association, Corpus Christi Greyhound Racing Associate's request for 1992 race dates, Valley Greyhound Association's request for 1992 race dates, application periods to accept application for a Class 1 racetrack license in Dallas and/or Tarrant Counties; matters relating to Trinity Meadows-request for 1992 race dates, request for approval of night racing; meet in executive session under sec.6.03(b), Article 179e to consider Trinity Meadows concession agreement regarding sale of reserve seating, sky boxes, and Jockey Club; matters relating to Bandera Downs, Inc.-request for additional 1991 race dates, request for 1992 race dates, Manor Down's request for 1992 race dates; and Gillespie County Fair and Festivals Association's request for 1992 race dates. Contact: Paula Cochran Carter, P.O. Box 12080, Austin, Texas 78711, (512) 794-8461. Filed: June 21, 1991, 2:43 p.m. TRD-9107434 Monday, July 1, 1991, 10:30 a.m. The Texas Racing Commission will meet at the Stephen F. Austin Building, 1700 North Congress Avenue, Room 118, Austin. According to the emergency revised agenda summary, the commission will hear a presentation by David J. Freeman, Executive Secretary, regarding budgetary matters. The emergency status is necessary to ensure complete preparation for the upcoming special session of the legislature regarding the 1992-1993 budget. Contact: Paula Cochran Carter, P.O. Box 12080, Austin, Texas 78711, (512) 794-8461. Filed: June 24, 1991, 2:50 p.m. TRD-9107494 School Land Board Tuesday, July 2, 1991, 10 a.m. The School Land Board will meet at the Stephen F. Austin Building, General Land Office, 1700 North Congress Avenue, Room 831, Austin. According to the agenda summary, the board will approve previous board meeting minutes; opening and consideration of bids received at the July 2, 1991 oil and gas lease sale; opening and consideration of bids received at the July 2, 1991 sealed bid land sale; consideration of nominations, terms, conditions and procedures for a special oil and gas lease sale; consideration of nominations, terms, conditions and procedures for the October 1, 1991 oil, gas and other minerals lease sale; consideration of surface easement, Gulf of Mexico, Jefferson County; coastal public lands-easement applications, Mud Lake, Harris Co.; Offatts Bayou, Galveston County; Laguna Madre, Cameron County; San Bernard River, Brazoria County; Carancahua Bay, Jackson County; lease application, West Bay, Brazoria County; structure permit terminations, Laguna Madre, Cameron and Kenedy Counties; structure permit requests, Laguna Madre, Cameron and Kenedy Counties; consideration of proposed coastal enforcement policies; meet in executive session, consideration of boundary agreement between the State of Texas and Cameron County; and discuss pending and proposed litigation. Contact: Linda K. Fisher, 1700 North Congress Avenue, Austin, Texas 78701, (512) 463-5016. Filed: June 24, 1991, 4:04 p.m. TRD-9107503 State Securities Board Thursday, July 11, 1991, 9:15 a.m. The State Securities Board will meet at the Employees Retirement System Auditorium, 1800 San Jacinto Street, Austin. According to the agenda summary, the board will approve minutes of April 11, 1991 meeting; published proposals to: amend sec.109.3 to expand institutions to which investment advice may be rendered under a new Section 5.T exemption; create a new sec.109.5 regarding sales pursuant to sec.5.C(1); amend sec.111.2; create new sec.115.7 regarding maintenance and inspection of records; create new sec.139.12 regarding exemption for same auction sales of oil and gas interests; new rule proposals to: amend sec.105.10 regarding payment of costs of preparation of record for appeal; amend sec.109.14 to create a new Section 5.T exemption for transactions among persons in oil and gas industry, and clarify when dealer registration is required; legislative matters regarding appropriations; possible recommendations regarding level of fees in Act and/or creating new fees; and other legislation affecting agency; subsequent meeting items; and hear reports from division directors and commissioner. Contact: Richard D. Latham, 1800 San Jacinto Street, Austin, Texas 78701, (512) 474-2233. Filed: June 21, 1991, 9:51 a.m. TRD-9107394 Teacher Retirement System of Texas Tuesday, July 9, 1991, noon. The Medical Board of the Teacher Retirement System of Texas will meet at 1000 Red River Street, Room 420E, Austin. According to the complete agenda, the board will discuss the files of members who are currently applying for disability retirement; and the files of disability retirees who are due a re-examination report. Contact: Don Cadenhead, 1000 Red River Street, Austin, Texas 78701-2698, (512) 397-6400. Filed: June 25, 1991, 10:01 a.m. TRD-9107513 The Texas A&M University System, Board of Regents Monday, July 1, 1991, 10:30 a.m. The Board of Regents Tarleton Presidential Search Committee of the Texas A&M University will meet at the Dallas/Fort Worth Hyatt Regency Hotel, East Tower, Dallas. According to the complete agenda, the committee will consider any and all things leading to the selection of the President of Tarleton State University. Contact: Vicki Running, The Texas A&M University, College Station, Texas 77843, (409) 845-9600. Filed: June 24, 1991, 10:36 a.m. TRD-9107486 Texas State University System Tuesday, June 25, 1991, 9 a.m. The Board of Regents of Texas State University System held a telephone conference call meeting by speakerphone available in Room 505, Sam Houston Building, Austin. According to the complete agenda, the board considered the release and settlement agreement with Robert and Mary Hardesty regarding their lawsuit against the System; and considered granting Robert Hardesty the title of president emeritus. Contact: Lamar Urbanovsky, 201 East 14th Street, Austin, Texas 78701, (512) 463-1808. Filed: June 21, 1991, 8:13 a.m. TRD-9107386 Texas Turnpike Authority Monday, July 1, 1991, 4:30 p.m. The Contract Awards Committee of the Texas Turnpike Authority will meet at the Texas Turnpike Authority Administration Building, 3015 Raleigh Street, Dallas. According to the complete agenda, the committee will take roll call of directors; consider award of construction of Dallas North Tollway Median Lanes-Keller Springs to Briargrove Lane and at FM 544 and ramp widening-Mockingbird and Wycliff; and adjournment. Contact: Harry Kabler, P.O. Box 190369, Dallas, Texas 75219, (214) 522-6200. Filed: June 21, 1991, 3:56 p.m. TRD-9107446 Texas Water Commission Monday, June 24, 1991, 3 p.m. The Texas Water Commission met at the Stephen F. Austin Building, 1700 North Congress Avenue, Room 118, Austin. According to the emergency revised agenda summary, the commission will consider various matters within the regulatory jurisdiction of he commission. In addition, the commission will consider items previously posted for open meeting and at such meeting verbally postponed or continued to this date. With regard to any item, the commission may take various actions, including, but not limited to scheduling an item in the entirety or for particular action at a future date or time. The emergency status was necessary due to reasonably unforeseeable circumstances, setting of this matter was necessary. Contact: Doug Kitts, P.O. Box 13087, Austin, Texas 78711, (512) 463-7898. Filed: June 20, 1991, 3:53 p.m. TRD-9107372 Tuesday, July 2, 1991, 10 a.m. The Office of Hearings Examiner of the Texas Water Commission will meet at the Stephen F. Austin Building, 1700 North Congress Avenue, Room 1149A, Austin. According to the agenda summary, the office will hold a public hearing on assessment of administrative penalties and requiring certain actions of Anzon, Inc. Contact: Heidi Jackson, P.O. Box 13087, Austin, Texas 78711, (512) 463-7875. Filed: June 20, 1991, 3:55 p.m. TRD-9107377 Wednesday, July 3, 1991, 9 a.m. The Texas Water Commission will meet at the Stephen F. Austin Building, 1700 North Congress Avenue, Room 118, Austin. According to the agennda summary, the commission will consider various matters within the regulatory jurisdiction of the commission. In addition, the commission will consider items previously posted for open meeting and at such meeting verbally postponed or continued to this date. With regard to any item, the commission may take various actions, including, but not limited to scheduling an item in the entirety or for particular action at a future date or time. Contact: Doug Kitts, P.O. Box 13087, Austin, Texas 78711, (512) 463-7898. Filed: June 21, 1991 3:46 p.m. TRD-9107436 Wednesday, July 3, 1991, 3 p.m. The Texas Water Commission will meet at the Stephen F. Austin Building, 1700 North Congress Avenue, Room 118, Austin. According to the agenda summary, the commission will consider various matters within the regulatory jurisdiction of the commission. In addition, the commission will consider items previously posted for open meeting and at such meeting verbally postponed or continued to this date. With regard to any item, the commission may take various actions, including, but not limited to scheduling an item in the entirety or for particular action at a future date or time. Contact: Doug Kitts, P.O. Box 13087, Austin, Texas 78711, (512) 463-7898. Filed: June 21, 1991, 3:46 p.m. TRD-9107437 Wednesday, July 10, 1991, 3 p.m. The Texas Water Commission will meet at the Stephen F. Austin Building, 1700 North Congress Avenue, Room 118, Austin. According to the complete agenda, the commission will consider an application by Alamo Conservation and Reuse District, Application Number 5358, to install diversion facilities on Leon Creek and divert from the creek, an amount of water equal to that amount of treated wastewater discharged at the Leon Creek Wastewater Treatment Plant into Comanche Creek, tributary of Leon Creek, tributary of the Medina River, San Antonio River basin, 2800 feet upstream of the proposed diversion facilities, 10 miles south-southwest of the Bexar County Courthouse. Contact: Diane Smith, P.O. Box 13087, Austin, Texas 78711, (512) 463-8069. Filed: June 20, 1991, 3:52 p.m. TRD-9107371 Thursday, August 8, 1991, 9 a.m. The Office of Hearings Examiner of the Texas Water Commission will meet at the Bryan Municipal Building, Council Chambers, First Floor, 300 South Texas Avenue, Bryan. According to the agenda summary, the office will consider an application by Atochem North America, Inc. for an amendment to Permit Number 013393 to authorize a discharge of stormwater into No Name Lake; thence to Fin Feather Lake; thence to an unnamed tributary of Country Club (Municipal) Lake; thence to Country Club (Municipal) Lake; thence to Burton Creek; thence to Carters Creek; thence into the Navasota River, Segment Number 1209 of the Brazos River Basin. Contact: Leslie Limes, P.O. Box 13087, Austin, Texas 78711, (512) 463-7875. Filed: June 20, 1991, 3:53 p.m. TRD-9107373 Wednesday, August 14, 1991, 9 a.m. The Office of Hearings Examiner of the Texas Water Commission will meet at the Stephen F. Austin Building, 1700 North Congress Avenue, Room 618, Austin. According to the agenda summary, the office will consider an application by Lake Travis Independent School District for renewal of Permit Number 12920-02 which authorizes disposal of treated domestic wastewater effluent from a primary school. The effluent is pressure dosed to evapotranspiration beds. The plant site and pressure dosing fields are at 607 North Ranch Road 620, approximately 2.5 miles northeast of the intersection of Ranch Road 620 and Lohmann Ford Road in Travis County. Contact: Bill Zukauckas, P.O. Box 13087, Austin, Texas 78711, (512) 463-7875. Filed: June 20, 1991, 3:54 p.m. TRD-9107374 Thursday, August 15, 1991, 9 a.m. The Office of Hearings Examiner of the Texas Water Commission will meet at the Environmental Pollution Control, Auditorium, 7411 Park Place, One Mile South of Loop 610 at the intersection of Telephone Road, Houston. According to the agenda summary, the office will consider an application by Houston Marine Services, Inc. for an amendment to Permit Number 02842 in order to add an outfall to regulate the discharge of treated tank bottom wastewater and stormwater. The permit currently authorizes a discharge of stormwater runoff. The effluent is discharged into Burnett Bay in Segment Number 2430 of the Bays and Estuaries. Contact: Deborah Parker, P.O. Box 13087, Austin, Texas 78711, (512) 463-7875. Filed: June 20, 1991, 3:54 p.m. TRD-9107375 Thursday, August 1, 1991, 9 a.m. The Office of Hearings Examiner of the Texas Water Commission will meet at the McKinney City Hall, Council Chambers, 222 North Tennessee Street, McKinney. According to the agenda summary, the office will consider an application by Clemons Creek Joint Venture for renewal of Permit Number 12899-01 authorizing a discharge of treated domestic wastewater effluent into Clemons Creek; thence to the East Fork of the Trinity River; thence to Lake Lavon in Segment Number 0821 of the Trinity River Basin. Contact: Kerry Sullivan, P.O. Box 13087, Austin, Texas 78711, (512) 463-7875. Filed: June 20, 1991, 3:55 p.m. TRD-9107378 Wednesday, September 11, 1991, 3 p.m. The Texas Water Commission will meet at the Stephen F. Austin Building, 1700 North Congress Avenue, Room 118, Austin. According to the agenda summary, the commission will consider an application to appropriate public waters of the State of Texas, Application Number 5364, submitted by Brothers Cattle Company, Inc. The applicant seeks to divert not to exceed 62.5 acre-feet of water per annum from Jones Creek, tributary of the Colorado River, Colorado River Basin to a proposed off-channel reservoir for irrigation of not to exceed 18 acres of land (rice) per annum. The land which is to be irrigated by gravity from the reservoir is located in Wharton County, approximately 13.5 miles west-southwest of Wharton, within a 71. 73 acre-feet tract in the B. B. Pearce Survey, Abstract Number 318. The applicant has indicated that water diverted but not consumed will be returned to Jones Creek and has estimated a return of 6 acre-feet of water per annum. Contact: Terry Slade, P.O. Box 13087, Austin, Texas 78711, (512) 371-6386. Filed: June 21, 1991, 3:47 p.m. TRD-9107438 Wednesday, September 11, 3 p.m. The Texas Water Commission will meet at the Stephen F. Austin Building, 1700 North Congress Avenue, Room 118, Austin. According to the agenda summary, the commission will consider an application to appropriate public waters of the State of Texas, Application Number 4120B filed by John V. Melcher and wife, Nancy Thompson Melcher, to amend Permit Number 3830 to authorize an extension of the term of the permit beyond the current expiration date of December 31, 1991. No other changes or additions are requested in the application. The permit authorizes the diversion and use of not to exceed 450 acre-feet of water per annum from Blue Creek, tributary of the Colorado River, Colorado River Basin, to irrigate 250 acres of land in Wharton County. Contact: Rick Airey, P.O. Box 13087, Austin, Texas 78711, (512) 371-6384. Filed: June 21, 1991, 3:48 p.m. TRD-9107439 Wednesday, September 11, 1991, 3 p.m. The Texas Water Commission will meet at the Stephen F. Austin Building, 1700 North Congress Avenue, Room 118, Austin. According to the agenda summary, the commission will consider an application to appropriate public waters of the State of Texas, Application Number 5363, submitted by Cove Creek Corporation. The applicant seeks to divert not to exceed 967 acre-feet of water per annum from Buffalo Bayou into Cove Creek, tributary of Buffalo Bayou, tributary of the San Jacinto River, San Jacinto River Basin. The water would be used to flush out sewage effluent spills and other contaminates (water quality purposes) out of Cove Creek, which is located approximately 13.5 miles west of the Harris County Courthouse, Houston, Harris County. The applicant estimates 967 acre-feet of water per annum would be returned to Buffalo Bayou which would result in no net loss of water in Buffalo Bayou. Contact: Rick Airey, P.O. Box 13087, Austin, Texas 78711, (512) 371-6384. Filed: June 21, 1991, 3:48 p.m. TRD-9107440 Wednesday, September 11, 1991, 3 p.m. The Texas Water Commission will meet at the Stephen F. Austin Building, 1700 North Congress Avenue, Room 118, Austin. According to the agenda summary, the commission will consider an application to appropriate public waters of the State of Texas, Application Number 5362, by Harris County Flood Control District. The applicant seeks authorization to divert flood flows from Keegans Bayou, tributary of Brays Bayou, tributary of Buffalo Bayou, tributary of San Jacinto River, San Jacinto River Basin, and from Brays Bayou through proposed/modified diversion channels to Sims Bayou for flood protection, approximately 11.5 miles west of the Harris County Courthouse, Harris County, Houston. Contact: Rick Airey, P.O. Box 13087, Austin, Texas 78711, (512) 371-6384. Filed: June 21, 1991, 3:49 p.m. TRD-9107442 Wednesday, September 11, 1991, 3 p.m. The Texas Water Commission will meet at the Stephen F. Austin Building, 1700 North Congress Avenue, Room 118, Austin. According to the agenda summary, the commission will consider an application to appropriate public waters of the State of Texas, Application Number 5257A, by Lakeside Country Club, to amend Permit Number 5257 to divert an additional 160 acre-feet of water per annum from Buffalo Bayou at the authorized diversion point to an unnamed tributary (a small ravine), for aesthetic purposes, which flows back into Buffalo Bayou at a point North 2 degrees West, 10,000 feet from the Fort Smith survey corner, which is 1,000 feet downstream of the authorized diversion point. The applicant has indicated that channel losses will be negligible during the short period of time that the water will be in the ravine. There will be no increase in the authorized maximum diversion rate. This permit affects the San Jacinto River Basin, Harris County. Contact: Rick Airey, P.O. Box 13087, Austin, Texas 78711, (512) 371-6384. Filed: June 21, 1991, 3:49 p.m. TRD-9107443 Wednesday, September 11, 1991, 3 p.m. The Texas Water Commission will meet at the Stephen F. Austin Building, 1700 North Congress Avenue, Room 118, Austin. According to the agenda summary, the commission will consider an amendment to Permit Number 3995 to increase the authorized annual appropriation of water from the San Bernard River from 340 acre-feet to 1752 acre-feet, to increase the acreage to be irrigated per year from 340 acres to 750 acres out of 887.2712 acres in the William Prater Survey, Abstract 120, Brazoria County, and to increase the maximum diversion rate from 6.68 cfs (300 pgm) to 9.60 cfs (4310 gpm) Paul Wleczyk and Benny Wleczyk, the applicants, state that the water will be used to irrigate rice, cotton, corn, milo, and soybeans. Application Number 4299A. Contact: Mark Evans, P.O. Box 13087, Austin, Texas 78711, (512) 371-6389. Filed: June 21, 1991, 3:50 p.m. TRD-9107444 Texas Workers' Compensation Commission Thursday, June 27, 1991, 9 a.m. The Texas Workers' Compensation Commission met at the Southfield Building, 4000 South IH-35, Rooms 910-911, Austin. According to the agenda summary, the commission will call the meeting to order; approval of minutes for the public meeting of June 13, 1991; discussion and consideration of rules for adoption; report by commissioners/staff on trip to view workers' compensation imaging system; general report of issues relating to commission activities; discussion of future public meetings; and final adjournment. Contact: George E. Chapman, 4000 South IH-35, Austin, Texas 78704, (512) 448-7962. Filed: June 21, 1991, 2:34 p.m. TRD-9107427 Regional Meetings Meetings Filed June 20, 1991 The Alamo Area Council of Governments Area Judges met at 118 Broadway, Suite 400, San Antonio, June 25, 1991, at 11:30 a.m. Information may be obtained from Al J. Notzon III, 118 Broadway, Suite 400, San Antonio, Texas 78205, (512) 225-5201. TRD-9106327. The Alamo Area Council of Governments Board of Directors met at AACOG, 118 Broadway, Suite 400, San Antonio, June 25, 1991, at 1 p.m. Information may be obtained from Al J. Notzon III, 118 Broadway, Suite 400, San Antonio, Texas 78205, (512) 225-5201. TRD-9107328. The Blanco Central Appraisal District Appraisal Review Board met at the Blanco County Courthouse Annex, Avenue G and Seventh Street, Johnson City, June 25, 1991, at 9 a.m. Information may be obtained from Hollis Petri, P.O. Box 338, Johnson City, Texas 78636, (512) 868-4624. TRD-9107356. The Brazos Valley Solid Waste Management Agency Board of Trustees met at the College Station Council Chambers, 1101 Texas Avenue, College Station, June 25, 1991, at 2 p.m. Information may be obtained from Cathy Locke, 1101 Texas Avenue, College Station, Texas 77840, (409) 764-3507. TRD-9107366. The Central Texas Mental Health and Mental Retardation Center Board of Trustees met at 408 Mulberry Drive, Brownwood, June 24, 1991, at 5 p.m. (revised agenda). Information may be obtained from Danny Armstrong, 408 Mulberry Drive, Brownwood, Texas 76801, (915) 646-9574, ext. 102. TRD-9107383. The Comal Appraisal District Board of Directors met at 430 West Mill Street, New Braunfels, June 24, 1991, at 4 p.m. Information may be obtained from Lynn E. Rodgers, P.O. Box 311222, New Braunfels, Texas 78131-1222, (512) 625-8597. TRD-9107347. The Dallas Central Appraisal District Appraisal Review Board will meet at 2949 North Stemmons Freeway, Dallas, June 28, 1991, at noon. Information may be obtained from Rick L. Kuehler, 2949 North Stemmons Freeway, Dallas, Texas 75247, (214) 631-0520. TRD-9107369. The Education Service Center, Region XVI Board of Directors will meet at the Texas Empire Room of the Amarillo Club, Seventh and Tyler, Amarillo, June 28, 1991, at 12:45 p.m. Information may be obtained from Jim Holmes, 1601 South Cleveland Street, Amarillo, Texas 79102, (806) 376-5521. TRD-9107349. The Erath County Appraisal District Appraisal Review Board will meet at the Board Room, 1390 Harbin Drive, Stephenville, June 27-28, 1991, at 9 a.m. Information may be obtained from Trecia Perales, 1390 Harbin Drive, Stephenville, Texas 76401, (817) 965-5434. TRD-9107348. The Fiftieth Judicial District Juvenile Board met at the Commissioners Courtroom, Cottle County Courthouse, Paducah, June 27, 1991, at 1: 30 p.m. Information may be obtained from David W. Hajek, P.O. Box 508, Seymour, Texas 76380, (817) 888-2852. TRD-9107365. The Hansford County Appraisal District Board of Directors held a special meeting at 709 West Seventh Street, Spearman, June 26, 1991, at 9 a.m. Information may be obtained from Alice Peddy, P.O. Box 567, Spearman, Texas 79081, (806) 659-5575. TRD-9107361. The Hockley County Appraisal District Appraisal Review Board met at 1103-C Houston Street, Levelland, June 27, 1991, at 8:30 a.m. Information may be obtained from Nick Williams, P.O. Box 1090, Levelland, Texas 79336, (806) 894-9654. TRD-9107370. The Lower Colorado River Authority Finance and Administration Committee met at 3700 Lake Austin Boulevard, Austin, June 26, 1991, at 9 a.m. Information may be obtained from Glen E. Taylor, P.O. Box 220, Austin, Texas 78767, (512) 473-3283. TRD-9107329. The Lower Colorado River Authority Energy Operations Committee met at 3700 Lake Austin Boulevard, Austin, June 26, 1991, at 9 a.m. Information may be obtained from Glen E. Taylor, P.O. Box 220, Austin, Texas 78767, (512) 473-3283. TRD-9107330. The Lower Colorado River Authority Planning and Public Policy Committee met at 3700 Lake Austin Boulevard, Austin, June 26, 1991, at 9 a.m. Information may be obtained from Glen E. Taylor, P.O. Box 220, Austin, Texas 78767, (512) 473-3283. TRD-9107331. The Lower Colorado River Authority Natural Resources Committee met at 3700 Lake Austin Boulevard, Austin, June 26, 1991, at 9 a.m. Information may be obtained from Glen E. Taylor, P.O. Box 220, Austin, Texas 78767, (512) 473-3283. TRD-9107332. The Lower Colorado River Authority Audit and Budget Committee met at 3700 Lake Austin Boulevard, Austin, June 26, 1991, at 9 a.m. Information may be obtained from Glen E. Taylor, P.O. Box 220, Austin, Texas 78767, (512) 473-3283. TRD-9107333. The Lower Colorado River Authority Board of Directors met at 3700 Lake Austin Boulevard, Austin, June 26, 1991, at 9 a.m. Information may be obtained from Glen E. Taylor, P.O. Box 220, Austin, Texas 78767, (512) 473-3283. TRD-9107334. The Lower Colorado River Authority Board of Directors will meet at 3700 Lake Austin Boulevard, Austin, June 27, 1991, at 9 a.m. Information may be obtained from Glen E. Taylor, P.O. Box 220, Austin, Texas 78767, (512) 473-3283. TRD-9107335. The West Central Texas Council of Governments Executive Committee met at 1025 East North 10th Street, Abilene, June 26, 1991, at 12:45 p.m. (revised agenda). Information may be obtained from Brad Helbert, 1025 East North 10th Street, Abilene, Texas 79601, (915) 672-8544. TRD-9107325. Meetings Filed June 21, 1991 The Coryell County Appraisal District Appraisal Review Board met at the Coryell County Appraisal District Office, 113 North Seventh Street, Gatesville, June 27, 1991, at 9:30 a.m. Information may be obtained from Darrell Lisenbe, P.O. Box 142, Gatesville, Texas 76528, (817) 865-6593. TRD-9107418. The Dallas Area Rapid Transit Economic and Business Development Ad Hoc Committee met at the DART Office, 601 Pacific Avenue, Board Room, Dallas, June 25, 1991, at 10 a.m. Information may be obtained from Nancy McKethan, 601 Pacific Avenue, Dallas, Texas 75202, (214) 658-6237. TRD-9107422. The Dallas Area Rapid Transit CBD Transit Master Plan Subcommittee met at the DART Office, 601 Pacific Avenue, Board Room, Dallas, June 25, 1991, at 1 p.m. Information may be obtained from Nancy McKethan, 601 Pacific Avenue, Dallas, Texas 75202, (214) 658-6237. TRD-9107424. The Dallas Area Rapid Transit Minority Affairs Committee met at the DART Office, 601 Pacific Avenue, Board Room, Dallas, June 25, 1991, at 2 p.m. Information may be obtained from Nancy McKethan, 601 Pacific Avenue, Dallas, Texas 75202, (214) 658-6237. TRD-9107423. The Dallas Area Rapid Transit Governmental Relations Committee met at the DART Office, 601 Pacific Avenue, Board Room, Dallas, June 25, 1991, at 3 p.m. Information may be obtained from Nancy McKethan, 601 Pacific Avenue, Dallas, Texas 75202, (214) 658-6237. TRD-9107421. The Dallas Area Rapid Transit Board of Directors' met at the DART Office, 601 Pacific Avenue, Board Room, Dallas, June 25, 1991, at 4 p.m. Information may be obtained from Nancy McKethan, 601 Pacific Avenue, Dallas, Texas 75202, (214) 658-6237. TRD-9107420. The Dallas Central Appraisal District Board of Directors met at 2949 North Stemmons Freeway, Dallas, June 25, 1991, at 8 a.m. Information may be obtained from Rick L. Kuehler, 2949 North Stemmons Freeway, Dallas, Texas 75247, (214) 631-0520. TRD-9107413. The East Texas Council of Governments JTPA Board of Directors met at the Ramada Inn, Highway 259, Kilgore, June 27, 1991, at 11:30 a.m. Information may be obtained from Glynn Knight, 3800 Stone Road, Kilgore, Texas 75662, (903) 984-8641. TRD-9107393. The East Texas Council of Governments Executive Committee met at the ETCOG Offices, Kilgore, June 27, 1991, at 2 p.m. Information may be obtained from Glynn Knight, 3800 Stone Road, Kilgore, Texas 75662, (903) 984-8641. TRD-9107412. The Gulf Bend Mental Health and Mental Retardation Center Board of Trustees met at 1404 Village Drive, Gulf Bend MHMR Center, Victoria, June 27, 1991, at noon. Information may be obtained from Sharon Pratka, 1404 Village Drive, Victoria, Texas 77901, (512) 575-0611. TRD-9107389. The Heart of Texas Region Mental Health and Mental Retardation Center Board of Trustees met at 110 South 12th Street, Waco, June 27, 1991, at 11:45 a.m. Information may be obtained from Helen Jasso, P.O. Box 890, Waco, Texas 76701, (817) 752-3451. TRD-9107414. The Liberty County Central Appraisal District Board of Directors met at 315 Main Street, Liberty, June 26, 1991, at 9:30 a.m. (revised agenda) Information may be obtained from Sherry Greak, P.O. Box 10016, Liberty, Texas 77575, (409) 336-5722. TRD-9107433. The Lower Rio Grande Valley Development Council Board of Directors met at the Harlingen Chamber of Commerce, 311 East Tyler Street, Harlingen, June 27, 1991, at 1:30 p.m. Information may be obtained from Kenneth N. Jones, Jr., 4900 North 23rd Street, McAllen, Texas 78504, (512) 682-3481. TRD-9107387. The Middle Rio Grande Development Council Board of Directors met at the Uvalde Country Club, East Main Street (behind K-Mart), Uvalde, June 26, 1991, at 2 p.m. (revised agenda). Information may be obtained from Michael Patterson, P.O. Box 1199, Carrizo Springs, Texas 78834, (512) 876-3533. TRD-9107441. The North Central Texas Council of Governments Executive Board met at Centerpoint Two, 616 Six Flags Drive, Second Floor, Arlington, June 27, 1991, at 12:45 p.m. Information may be obtained from Edwina J. Shires, P.O. Drawer COG, Arlington, Texas 76005-5888, (817) 640-3300. TRD-9107388. The Panhandle Regional Planning Commission Board of Directors will meet at 2736 West Tenth Street, PRPC Board Room, Amarillo, June 27, 1991, at 1: 30 p.m. Information may be obtained from Rebecca Rusk, P.O. Box 9257, Amarillo, Texas 79105-9257, (806) 372-3381. TRD-9107426. Meetings Filed June 24, 1991 The Brazos Higher Education Authority, Inc. Executive Committee of the Board of Directors will meet at the Brazos Club, Bank One Building, Valley Mills and Waco Drive, Waco, June 28, 1991, at 11:30 a.m. Information may be obtained from Murray Watson, Jr., 2600 Washington Avenue, Waco, Texas 76710, (817) 753-0915. TRD-9107496. The Brazos Valley Development Council Bootstrap Coordinating Body Committee met at the Council's Office, 3006 East 29th Street, Door #2, Bryan, June 27, 1991, at 9 a.m. Information may be obtained from Sandy Shumaker, P.O. Drawer 4128, Bryan, Texas 77805-4128, (409) 776-2277. TRD-9107470. The Colorado River Municipal Water District Board of Directors will meet at 400 East 24th Street, Big Spring, June 27, 1991, at 10 a.m. Information may be obtained from O. H. Ivie, P.O. Box 869, Big Spring, Texas 79721, (915) 267-6341. TRD-9107504. The Dawson County Central Appraisal District Board of Directors will meet at 920 North Dallas Avenue, Lamesa, July 3, 1991, at 7 a.m. Information may be obtained from Tom Anderson, P.O. Box 797, Lamesa, Texas 79331, (806) 872-7060. TRD-9107471. The Dawson County Central Appraisal District Appraisal Review Board will meet at the Lamesa Branch of Howard College, 1810 Lubbock Highway, Lamesa, July 2-3, 1991, at 10 a.m. Information may be obtained from Tom Anderson, P.O. Box 797, Lamesa, Texas 79331, (806) 872-7060. TRD-9107472. The Erath County Appraisal District Board of Directors held an emergency meeting at 1390 Harbin Drive, Board Room, Stephenville, June 24, 1991, at 4 p.m. (rescheduled from June 12, 1991). The emergency status was necessary as the1 1992 proposed budget had to be reviewed and mailed to entities as soon as possible. Information may be obtained from Trecia Perales, 1390 Harbin Drive, Stephenville, Texas 76401, (817) 965-5434. TRD-9107473. The Hood County Education District Board of Trustees will meet at the GISD Administration Building, 600 West Pearl Street, Granbury, June 28, 1991, at 7 p.m. Information may be obtained from Harold Chesnut, P.O. Box 819, Granbury, Texas 76048, (817) 573-2471. TRD-9107505. The Lamb County Education District Board of Trustees met at 1500 East Delano, Littlefield, June 26, 1991, at 8 p.m. Information may be obtained from Jerry Blakely, 1500 East Delano, Littlefield, Texas 79339, (806) 385-6474. TRD-9107458. The Pecan Valley Mental Health and Mental Retardation Region Board of Trustees met at the Pecan Valley MHMR Region Clinical Office, 104 Charles Street, Granbury, June 26, 1991, at 9 a.m. The emergency status was necessary as purchase of computer equipment needed to be completed as soon as possible. Information may be obtained from Dr. Theresa Mulloy, P.O. Box 973, Stephenville, Texas 76401, (817) 965-7806. TRD-9107498. The Tyler County Appraisal District Appraisal Review Board will meet at 806 West Bluff, Woodville, July 1, 1991, at 9 a.m. Information may be obtained from Linda Lewis, P.O. Drawer 9, Woodville, Texas 75979, (409) 283-3736. TRD-9107459. The Tyler County Appraisal District Appraisal Review Board will meet at 806 West Bluff, Woodville, July 2, 1991, at 9 a.m. Information may be obtained from Linda Lewis, P.O. Drawer 9, Woodville, Texas 75979, (409) 283-3736. TRD-9107460. The Tyler County Appraisal District Appraisal Review Board will meet at 806 West Bluff, Woodville, July 3, 1991, at 9 a.m. Information may be obtained from Linda Lewis, P.O. Drawer 9, Woodville, Texas 75979, (409) 283-3736. TRD-9107461. The Tyler County Appraisal District Appraisal Review Board will meet at 806 West Bluff, Woodville, July 9, 1991, at 9 a.m. Information may be obtained from Linda Lewis, P.O. Drawer 9, Woodville, Texas 75979, (409) 283-3736. TRD-9107462. The Wheeler County Appraisal District Board of Directors will meet at the District's Office, County Courthouse Square, Wheeler, July 1, 1991, at 8 p.m. Information may be obtained from Larry M. Schoenhals, P.O. Box 1200, Wheeler, Texas 79096, (806) 826-5900. TRD-9107474. The Wheeler County Appraisal District Board of Review will meet at the District's Office, County Courthouse Square, Wheeler, July 9, 1991, at 8 a.m. Information may be obtained from Larry M. Schoenhals, P.O. Box 1200, Wheeler, Texas 79096, (806) 826-5900. TRD-9107463. The Wheeler County Appraisal District Appraisal Review Board will meet at the District's Office, County Courthouse Square, Wheeler, July 9, 1991, at 9:30 a.m. Information may be obtained from Larry M. Schoenhals, P.O. Box 1200, Wheeler, Texas 79096, (806) 826-5900. TRD-9107464. The Wheeler County Appraisal District Appraisal Review Board will meet at the District's Office, County Courthouse Square, Wheeler, July 10, 1991, at 9:30 a.m. Information may be obtained from Larry M. Schoenhals, P.O. Box 1200, Wheeler, Texas 79096, (806) 826-5900. TRD-9107465. Meetings Filed June 25, 1991 The Capital Area Planning Council Executive Committee will meet at 2520 IH-35 South, Suite 100, Austin. Information may be obtained from Richard G. Bean, 2520 IH-35 South, Suite 100, Austin, Texas 78704, (512) 443-7653. TRD-9107512. The Lavaca County Central Appraisal District Board of Directors will meet at the Lavaca County Central Appraisal District, 113 North Main Street, Hallettsville, July 8, 1991, at 4 p.m. Information may be obtained from Diane Munson, P.O. Box 386, Hallettsville, Texas 77964, (512) 798-4396. TRD-9107509. ISSUE OFJune 28, 1991" In Addition The Texas Register is required by statute to publish certain documents, including applications to purchase control of state banks, notices of rate ceilings, changes in interest rate and applications to install remote service units, and consultant proposal requests and awards. To aid agencies in communicating information quickly and effectively, other information of general interest to the public is published as space allows. Texas Department of Commerce Notice of Contract Award Pursuant to Texas Civil Statutes, Article 6252-11c and in accordance with the Job Training Partnership Act (JTPA) [Public Law 97-300], the Texas Department of Commerce (Commerce) publishes this notice of contract award. The request for proposal appeared in the January 29, 1991, issue of the Texas Register (16 TexReg 506). The intent of the request was to select a Texas-based organization to conduct statewide survey research related to the post-program follow-up of former JTPA program participants. Commerce has carefully reviewed and evaluated all proposals submitted before the deadline of proposal submission and decided to award the contract to the Public Policy Resources Laboratory of the Texas A&M University (PPRL/Texas A&M). Each proposal was thoroughly evaluated on the basis of the following four criteria: demonstrated effectiveness of bidder; experience of key personnel; organizational/management systems; and comprehensiveness of proposed work plan. Details of the contract are being negotiated between Commerce and the PPRL/Texas A&M. The contract will commence on September 1, 1991, and expire on August 31, 1992. Issued in Austin, Texas, on June 20, 1991. TRD-9107380 Cathy Bonner Interim Executive Director Texas Department of Commerce Filed: June 20, 1991 For further information, please call: (512) 320-9800 Office of Consumer Credit Commissioner Notice of Rate Ceilings The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in Texas Civil Statutes, Title 79, Articles 1.04, 1.05, 1.11, and 15.02, as amended (Texas Civil Statutes, Articles 5069-1.04, 1.05, 1.11, and 15.02). Issued in Austin, Texas, on June 17, 1991. TRD-9107417 Al Endsley Consumer Credit Commissioner Filed: June 21, 1991 For further information, please call: (512) 479-1280 Texas Department of Health Correction of Error The Texas Department of Health submitted notices of meetings for the Advisory Council on Massage Therapy and its Rules Committee for the June 11, 1991, Texas Register (16 TexReg 3212). Due to an error in the department's submission, the year of the legislature was incorrect. The legislation considered by the Advisory Council on Massage Therapy and by its Rules Committee is House Bill 2420, 72nd Legislature, 1991. Permit Application for Municipal Solid Waste Site Notice of Filing Notice is hereby given that the City of Alvin presently holds Solid Waste Permit Number 1446 as heretofore issued by the Texas Department of Health for the operation of a Type I municipal solid waste site located 6.1 miles northeast of the SH 288 and FM 1462 intersection and being east of and adjacent to CR 38 in Brazoria County. Said permit holder has now filed with the Texas Department of Health an application to amend the aforesaid permit to expand the waste disposal area, combine six separate fill areas with a single fill area and raise the finish elevation. The site covers approximately 144.62 acres of land, and is to daily receive approximately 148 tons of solid waste under the regulatory jurisdiction of the Texas Department of Health for disposal or other processing in accordance with the department's "Municipal Solid Waste Regulations." A technical review of the application is being made by the department's Bureau of Solid Waste Management and will be made by various State and local agencies which have a jurisdictional interest. No public hearing will be held on this application unless a person affected has requested a public hearing. Any such request for a public hearing shall be in writing and contain the name, mailing address, and phone number of the person making the request; and a brief description of how the requester, or persons represented by the requester, has suffered or will suffer actual injury or economic damage by the granting of the application. If a hearing is requested by a person affected, or if the Bureau of Solid Waste Management determines that a public hearing should be held, notice of such hearing will be published in a newspaper regularly published or circulated in the county in which the site is located at least 30 days prior to the date of such hearing. Requests for a public hearing and/or requests for a copy of the application shall be submitted in writing to the Chief, Bureau of Solid Waste Management, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756, (512) 458-7271. Issued in Austin, Texas, on June 21, 1991. TRD-9107428 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Filed: June 21, 1991 For further information, please call: (512) 458-7271 South Texas Environmental Management Company, Inc., has filed Application Number 2150 with the Texas Department of Health for a permit to operate a proposed Type V municipal solid waste site (medical waste incinerator) to be located approximately two miles north of Flatonia, 0.25 mile east of the intersection of SH 95 and FM 154 in Fayette County. The site covers approximately 37.699 acres of land, and is to daily receive approximately 120 tons of solid waste under the regulatory jurisdiction of the Texas Department of Health for disposal or other processing in accordance with the department's "Municipal Solid Waste Management Regulations." A technical review of the application is being made by the department's Bureau of Solid Waste Management and will be made by various state and local agencies which have a jurisdictional interest. No public hearing will be held on this application unless a person affected has requested a public hearing. Any such request for a public hearing shall be in writing and contain the name, mailing address, and phone number of the person making the request; and a brief description of how the requester, or persons represented by the requester, has suffered or will suffer actual injury or economic damage by the granting of the application. If a hearing is requested by a person affected, or if the Bureau of Solid Waste Management determines that a public hearing should be held, notice of such hearing will be published in a newspaper regularly published or circulated in the county in which the site is located at least 30 days prior to the date of such hearing. Requests for a public hearing and/or requests for a copy of the application shall be submitted in writing to the Chief, Bureau of Solid Waste Management, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756, (512) 458-7271. Issued in Austin, Texas, on June 21, 1991. TRD-9107430 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Filed: June 21, 1991 For further information, please call: (512) 458-7271 Texas Environmental Management Company, Inc. has filed Application Number 2149 with the Texas Department of Health for a permit to operate a proposed Type V municipal solid waste site (medical waste incinerator) to be located southwest of Milford, approximately 1.7 miles southwest of the intersection of US 77 and FM 308, adjacent to and on the south side of US 77 in Ellis County. The site covers approximately 126.554 acres of land, and is to daily receive approximately 120 tons of solid waste under the regulatory jurisdiction of the Texas Department of Health for disposal or other processing in accordance with the department's "Municipal Solid Waste Management Regulations." A technical review of the application is being made by the department's Bureau of Solid Waste Management and will be made by various state and local agencies which have a jurisdictional interest. No public hearing will be held on this application unless a person affected has requested a public hearing. Any such request for a public hearing shall be in writing and contain the name, mailing address, and phone number of the person making the request; and a brief description of how the requester, or persons represented by the requester, has suffered or will suffer actual injury or economic damage by the granting of the application. If a hearing is requested by a person affected, or if the Bureau of Solid Waste Management determines that a public hearing should be held, notice of such hearing will be published in a newspaper regularly published or circulated in the county in which the site is located at least 30 days prior to the date of such hearing. Requests for a public hearing and/or requests for a copy of the application shall be submitted in writing to the Chief, Bureau of Solid Waste Management, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756, (512) 458-7271. Issued in Austin, Texas, on June 21, 1991. TRD-9107429 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Filed: June 21, 1991 For further information, please call: (512) 458-7271 James L. and Marjorie E. Jones, doing business as ARS Tire Disposal has filed Application Number 2178 with the Texas Department of Health for a permit to operate a proposed Type VIII D municipal solid waste site (tire disposal) located on CR 190, 0.7 miles southwest of the intersection of SH 155 with FM 344 and FM 2661, in Smith County. The site covers approximately 15 acres of land, and is to daily receive approximately 14 tons of solid waste under the regulatory jurisdiction of the Texas Department of Health for disposal or other processing in accordance with the department's "Municipal Solid Waste Management Regulations." A technical review of the application is being made by the department's Bureau of Solid Waste Management and will be made by various state and local agencies which have a jurisdictional interest. No public hearing will be held on this application unless a person affected has requested a public hearing. Any such request for a public hearing shall be in writing and contain the name, mailing address, and phone number of the person making the request; and a brief description of how the requester, or persons represented by the requester, has suffered or will suffer actual injury or economic damage by the granting of the application. If a hearing is requested by a person affected, or if the Bureau of Solid Waste Management determines that a public hearing should be held, notice of such hearing will be published in a newspaper regularly published or circulated in the county in which the site is located at least 30 days prior to the date of such hearing. Requests for a public hearing and/or requests for a copy of the application shall be submitted in writing to the Chief, Bureau of Solid Waste Management, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756. (512) 458-7271. Issued in Austin, Texas, on June 21, 1991. TRD-9107432 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Filed: June 21, 1991 For further information, please call: (512) 458-7271 Notice is hereby given that Waste Management of Texas, Inc., presently holds Solid Waste Permit Number 1307-A as heretofore issued by the Texas Department of Health for the operation of a Type I municipal solid waste site located 2.5 miles southeast of the intersection of U.S. 59 (Eastex Freeway) and FM 1960 (Will Clayton Parkway), in Harris County. Said permit holder has now filed with the Texas Department of Health an application to amend the aforesaid permit to increase the acreage from 120.89 acres to 277.35 acres and increase the overall height of fill. The site covers approximately 277.35 acres of land, and is to daily receive approximately 1,000 tons of solid waste under the regulatory jurisdiction of the Texas Department of Health for disposal or other processing in accordance with the department's "Municipal Solid Waste Regulations." A technical review of the application is being made by the department's Bureau of Solid Waste Management and will be made by various state and local agencies which have a jurisdictional interest. No public hearing will be held on this application unless a person affected has requested a public hearing. Any such request for a public hearing shall be in writing and contain the name, mailing address, and phone number of the person making the request; and a brief description of how the requester, or persons represented by the requester, has suffered or will suffer actual injury or economic damage by the granting of the application. If a hearing is requested by a person affected, or if the Bureau of Solid Waste Management determines that a public hearing should be held, notice of such hearing will be published in a newspaper regularly published or circulated in the county in which the site is located at least 30 days prior to the date of such hearing. Requests for a public hearing and/or requests for a copy of the application shall be submitted in writing to the Chief, Bureau of Solid Waste Management, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756; phone: (512) 458-7271. Issued in Austin, Texas, on June 21, 1991. TRD-9107431 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Filed: June 21, 1991 For further information, please call: (512) 458-7271 Texas Department of Human Services Notice of Amended Consultant Proposal Request The Texas Department of Human Services (DHS) has opted to allow an extension for proposal preparation in conjunction with the WelNet enhancement integrated data base consultant proposal request that was published in the May 24, 1991, issue of the Texas Register (16 TexReg 2921). The schedule will approximately be amendment for proposals to be due at 3 p.m. on July 9, 1991; offerors available for validation calls July 18-19, 1991; last date for withdrawal of proposals is July 24, 1991; oral presentations by top offerors tentatively set for August 1, 1991; consultant selection September 1, 1991; written notice sent to unsuccessful offerors September 1, 1991; and contract signed September 16, 1991. Closing Date: Proposals must be received by 3 p.m., July 9, 1991. No proposals will be accepted as responsive after that deadline. Proposals should be mailed to Bobbie Ann Fisher, Systems Planning Analyst, Advanced Planning Document Services Section, M.C. W-631, P.O. Box 149030, Austin, Texas 78714-9030. Proposal may also be delivered to Ms. Fisher at the John H. Winters Building, Sixth floor, West Tower, Section A, 701 West 51st Street, Austin. Communication about this amended consultant proposal request with any DHS personnel, other than Ms. Fisher, before the proposal due date will be grounds for disqualification of the offeror. Evaluation and Selection: Selection of the contractor will be based on: expertise and experience of the offeror and key personnel; proposed approach; demonstrated ability to meet project deadlines within project budget cost; and a demonstrated background and understanding of the project needs and agency current environment. All responsive proposals will be subject to evaluation by a review committee of qualified DHS personnel. This committee will recommend a single proposal which most clearly meets the identified requirements. Final decision will be that of department management based on this recommendation and their separate review of evaluation scores and bidder performance summaries. Issued in Austin, Texas, on June 24, 1991. TRD-9107469 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Filed: June 24, 1991 For further information, please call: (512) 450-3765 Notice of Open Solicitation Pursuant to the Human Resources Code, Title 2, Chapters 22 and 32 and 40 TAC sec.19.2004, in the September 11, 1990, issue of the Texas Register (15 TexReg 5315), the Texas Department of Human Services (TDHS) is announcing an open solicitation period of 30 days (starting the date of this public notice) for the construction of a 90-bed nursing facility in the county identified in the May 17, 1991, issue of the Texas Register (16 TexReg 2776). That county is also listed in this public notice. Potential contractors desiring to construct a 90-bed nursing facility in the counties identified in this public notice must submit a written reply (as described in 40 TAC sec.19.2004) to TDHS, Gary L. Allen, Institutional Programs Section, Mail Code W-519, P.O. Box 149030, Austin, Texas 78714-9030. The written reply must be received by TDHS by 5 p.m., July 29, 1991, the last day of the open solicitation period. Potential contractors will be allowed 90 days to qualify and qualified potential contractors will be placed on a secondary-selection waiting list in the order that their applications are received. To qualify, potential contractors must demonstrate an intent and ability to begin construction of a facility and to complete contracting within specified time frames. They must submit a letter of application to TDHS with the following documentation: first, there must be acceptable written documentation showing the ownership of or an option to buy the land on which the proposed facility is or will be located. Second, documentation must include a letter of finance from a financial institution. Third, documentation must include a signed agreement stating that, if selected, the potential contractor will pay liquidated damages if the 180-day and/or 18-month deadline(s) described in 40 TAC sec.19.2004(q) are not met. The signed agreement must also require the potential contractor to provide, within 10 working days after the date of selection, a surety bond or other financial guarantee acceptable to DHS ensuring payment in the event of default. If the 180-day deadline is not met, liquidated damages are 5.0% of the estimated total cost of the proposed or completed facility. If the 18-month deadline is not met, liquidated damages are 10% of the estimated total cost of the proposed or completed facility. Fourth, there must be acceptable written documentation that the preliminary architectural plans for the proposed or completed facility have been submitted to the Texas Department of Health. Each application must be complete at the time of its receipt. DHS accepts the first qualified potential contractor on the secondary-selection waiting list. If no potential contractors submit replies during this open solicitation period, DHS will place another public notice in the Texas Register announcing the reopening of the open solicitation period until a potential contractor replies. Issued in Austin, Texas, on June 21, 1991. TRD-9107397 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Filed: June 21, 1991 For further information, please call: (512) 450-3765 Request for Proposal The Texas Department of Human Services (DHS), Region 5, is soliciting proposals for evaluation and treatment services and for parent training. Geographic Areas: Providers will be selected to provide identified evaluation/treatment and parent training services for each county of the region. Funding Limitations: Final allocations are contingent on DHS Region 5's finalized annual allocation. The current allocation is $2,265,131. Method of Payment: After services are delivered a DHS Form 2016, Report of Purchased Delivered Services, is submitted through the designated broker for these services. The broker compiles all bills and submits the accumulated Forms 2016 and submits along with a DHS Form 4116, State of Texas Purchase Request Voucher, to the fiscal division on a monthly basis. Payment will be distributed by the designated broker to the subcontractors. Contract Period: The initial contract period will be September 1, 1991, through August 31, 1992, with a regional option to renew on a yearly basis through August 31, 1995. Limitations On Who May Submit: Individuals (sole proprietors), partnerships, private agencies or private corporations, profit or not for profit, are eligible to submit proposals. Obtaining Procurement Package: For a copy of a request for proposal package, call or write Bernie Sorrels, 631 106th Street, P.O. Box 5128, Arlington, Texas 76011-5128, (817) 640-5090, extension 2031. The request for proposal will be available from Monday, July 1, 1991, up to submittal date. Proposals may be submitted by certified mail or in person at 631 106th Street, Arlington. Proposals must actually be received in the Child Protective Services Division at 631 106th Street, Arlington, Texas 76011-5128 by 4 p.m., Monday, July 23, 1991, or the proposal will be considered non-responsive. Issued in Austin, Texas, on June 24, 1991. TRD-9107468 Nancy Murphy Agency liaison, Policy Document and Support Texas Department of Human Services Filed: June 24, 1991 For further information, please call: (512) 450-3765 Lower Colorado River Authority Application of Electric Utility for a Certificate of Convenience and Necessity Notice is hereby given that on the 7th day of June, 1991, the Lower Colorado River Authority filed an Application of Electric Utility for a Certificate of Convenience and Necessity (CCN) for Proposed Distribution Facilities with the Public Utility Commission of Texas, in Docket Number 10401. Said CCN is for the construction of a new substation and approximately 0.8 mile of distribution line to provide electric service to LCRA's Hilbig Gas Storage Facility. The proposed facilities will be located approximately 1.5 miles from the town of Rockne in Bastrop County. A copy of all relevant material is available for public inspection at the Public Utility Commission of Texas or at the Lower Colorado River Authority, 3700 Lake Austin Boulevard, Austin, Monday-Friday, 8 a.m. to 5 p.m. (except holidays). Issued in Austin, Texas on June 20, 1991 TRD-9107435 Glen E. Taylor General Counsel Lower Colorado River Authority Filed: June 21, 1991 For further information, please call: (512) 473-3281 Texas Department of Mental Health and Mental Retardation Notice of Public Hearing Texas Department of Mental Health and Mental Retardation (TXMHMR) will hold a public hearing on proposed new rules concerning abuse and neglect of persons served by TXMHMR facilities (new sec. s404.1-404.20). The public hearing is scheduled for Monday, July 22, 1991, from 1:30 p.m. to 5 p.m. in the TXMHMR Central Office Auditorium at 909 West 45th Street, Austin, Texas 78756. The proposed sections were published for public comment in the May 14, 1991, issue of Texas Register (16 TexReg 2646). Copies of the proposal are available for review in TXMHMR's Office of Policy Development, 4405 North Lamar Boulevard, Room 411, Austin, Texas 78756, or by calling Linda Logan, Director, Policy Development, (512) 465-4516. If deaf interpreters are required, notify Ms. Logan at the preceding number 72 hours prior to the meeting. Issued in Austin, Texas on June 21, 1991 TRD-9107456 Harry Deckard Attorney Texas Department of Mental Health and Mental Retardation Filed: June 21, 1991 For further information, please call: (512) 465-4670 Texas Department of Mental Health and Mental Retardation (TXMHMR) will hold a public hearing on a draft new policy concerning human sexuality in TXMHMR facilities. The public hearing is scheduled for Friday, July 19, 1991, from 1:30 p.m. to 5 p.m. in the TXMHMR Central Office Auditorium at 909 West 45th Street, Austin, Texas 78756. The draft was distributed for field review on May 14, 1991, to department facilities, community MHMR centers, central office management and program staff, and advocacy organizations. Copies of the draft are available for review in TXMHMR's Office of Policy Development, 4405 North Lamar Boulevard, Room 411, Austin, Texas 78756, or by calling Linda Logan, Director, Policy Development, (512) 465-4516. If deaf interpreters are required, notify Ms. Logan at the preceding number 72 hours prior to the meeting. Issued in Austin, Texas on June 21, 1991 TRD-9107457 Harry Deckard Attorney Texas Department of Mental Health and Mental Retardation Filed: June 21, 1991 For further information, please call: (512) 465-4670 Texas Parks and Wildlife Department Notice of Joint Public Hearing Notice of joint public hearing for the Texas Water Commission Section 401 Water Quality Certification and for Texas Parks and Wildlife Department permit to remove sand from the public waters of the State of Texas: July 12, 1991, 2 p. m., Room C-200, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Travis County. Notice is hereby given that a representative of the Executive Director, Texas Water Commission will conduct a nonevidentiary hearing at the above-listed time and place pursuant to the requirements of 31 Texas Administrative Code, Chapter 279 on the application of the Parker LaFarge, Inc., whose mailing address is 5103 Navigation Boulevard, Houston, Texas 77011, for a Corps of Engineers Section 404 permit, USCOE Permit Number 19344, which requires a Section 401 certification from the state. All comments received at the hearing plus written comments received by the Water Commission prior to and at the hearing will be considered in determining the appropriate response on the request for a Section 401 water quality certification. Written comments and or inquiries should be addressed to Kevin McCalla, Legal Division, Texas Water Commission, P.O. Box 13087, Austin, Texas 78711-3087. Notice also is hereby given that an examiner appointed by the Executive Director of the Texas Parks and Wildlife Department will conduct an evidentiary hearing at the above-listed time and place (immediately following the Texas Water Commission hearing) on the application, filed on March 28, 1991, by Parker LaFarge Inc., whose address is 5103 Navigation, Houston, Texas 77011, for a permit: to remove up to 30,000 cubic yards of sand per month from the San Jacinto River approximately 7.5 miles north of the mouth of the river in an area approximately 900 feet by 1,500 feet adjacent to the properties of Arco Oil and Gas and the residents along Clear Lake Road in Highlands. This permit is requested under the authority granted to the Texas Parks and Wildlife Commission in Chapter 86 of the Parks and Wildlife Code. All interested parties may appear and be heard at the hearing. Evidence or testimony may be presented orally or in writing by affidavit or deposition. All evidence offered must be subject to cross-examination or otherwise qualify as admissible evidence under the Texas Rules of Civil Evidence in order to be considered by the commission. Written evidence should be filed with the examiner prior to the hearing date. This hearing will be held under the authority of Texas Civil Statutes, Article 6252-13a, sec.18(a) and the rules of the Texas Parks and Wildlife Commission, 31 TAC sec.57.61 et seq. and 31 TAC sec.51.21 et seq. The record of this proceeding will include evidence and testimony taken at the public hearing. The hearing may be continued from time to time and place to place, if necessary, to develop all relevant evidence bearing on the subject of the hearing. The examiner retains the authority to schedule or reschedule hearings as deemed necessary. Further information concerning any aspect of the application may be obtained by contacting Myron Hess, Senior Environmental Counsel, Legal Services Division, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; telephone (512) 389-4724, telefax (512) 389-4394. Information concerning any procedures of the hearing or scheduling may be obtained by contacting Jennifer Mellett, Hearing Examiner, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; telephone (512) 389-4867. Issued in Austin, Texas, on June 20, 1991. TRD-9107359 Jennifer Mellett Hearing Examiner Texas Parks and Wildlife Department Filed: June 20, 1991 For further information, please call: (512) 389-4867 Texas Public Finance Authority Request For Proposals For Insurance Policy Texas Public Finance Authority (TPFA) is requesting proposals for Insurance Coverage with no coinsurance penalty, in the amount of 100% of the replacement value of each insurable project on which bond issues are outstanding; and Business Interruption (Loss of Rents) Insurance equal to one year's debt service on all of the outstanding Bonds. The deadline for proposal submission is noon, August 20, 1991. Selection will be based on lowest cost for the one year period provided that all criteria and specifications are met or exceeded. This request is in accordance with the Texas Civil Statutes, Article 6252-11c. Copies of the proposal request may be obtained by calling or writing Julie Frazier, Texas Public Finance Authority, P.O. Box 12906, Austin, Texas 78711, (512) 463-5544. Issued in Austin, Texas, on June 20, 1991. TRD-9107357 Julie Frazier Administrative Technician Texas Public Finance Authority Filed: June 20, 1991 For further information, please call: (512) 463-5544 Public Utility Commission of Texas Notice of Intent To File Pursuant To Public Utility Commission Substantive Rule 23.27 Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application pursuant to Public Utility Commission Substantive Rule 23.27 for approval of customer-specific PLEXAR-Custom Service for Tyler Junior College. Tariff Title and Number . Application of Southwestern Bell Telephone Company for Approval of PLEXAR-Custom Service for Tyler Junior College pursuant to Public Utility Commission Substantive Rule 23.27(k). Tariff Control Number 10419. The Application. Southwestern Bell Telephone Company is requesting approval of PLEXAR-Custom Service for Tyler Junior College. The geographic service market for this specific service is the Tyler area. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at 7800 Shoal Creek Boulevard, Suite 400N, Austin, Texas 78757, or call the Public Utility Commission Public Information Section at (512) 458-0256, or (512) 458-0221 for teletypewriter for the deaf. Issued in Austin, Texas, on June 18, 1991. TRD-9107277 Mary Ross McDonald Secretary of the Commission Public Utility Commission of Texas Filed: June 19, 1991 For further information, please call: (512) 458-0100 State Securities Board Correction of Error The State Securities Board submitted a proposed new 7 TAC sec.139.12, concerning a new exemption from the securities registration requirements of the Securities Act for some oil and gas interests sold at auction as long as certain conditions are met. Due to an error by the Texas Register in the May 3, 1991, issue (16 TexReg 2459), the numbering format under paragraph (4) was incorrect. The paragraph should read as follows. (4) Purchaser. (A) Knowledge and experience. The purchaser is engaged in the business of exploring for or producing oil and gas or other minerals as an ongoing business. By reason of this knowledge and experience, the purchaser has evaluated the merits and risks of the property or interest to be purchased at auction and has formed an opinion based solely upon his knowledge and experience and not upon any statement, representation, or printed material provided or made by auctioneer or seller. (B) Financial ability. The purchaser has