ISSUE OFJuly 16, 1991" 
Volume 16, Number 53, July 16, 1991     
          
Pages 3915-3965



Proposed Sections


Texas Department of Commerce


3925-Texas Community Development Program


Railroad Commission of Texas


3930-Liquefied Petroleum Gas Division


Texas Workers' Compensation Commission


3933-Medical Benefits


Comptroller of Public Accounts


3933-Tax Administration


Texas Department of Human Services


Withdrawn Sections


Texas Workers' Compensation Commission


3937-Compliance and Practices-Administrative Violations
and Penalties


Adopted Sections


State Board of Insurance


3939-Property and Casualty Insurance


Texas Workers' Compensation Commission


3939-General Provisions-Practices and Procedures


3940-Compliance and Practices-Administrative Violations
and Penalties


Teacher Retirement System of Texas


3943-Benefits


Texas Department of Human Services


3943-Purchased Health Services


3944-Child Protective Services


State Board of Insurance


3950-Notification Pursuant to the Texas Insurance Code,
Chapter 5, Subchapter L


Open Meetings


3953-Texas State Board of Public Accountancy


3953-Texas Department of Agriculture


3953-State Aircraft Pooling Board


3953-Texas Alcoholic Beverage Commission


3953-Bond Review Board


3953-Texas Catastrophe Property Insurance Association


3953-Court Reporters Certification Board


3954-Texas Employment Commission


3954-Texas Public Finance Authority


3954-Texas Historical Commission


3954-Texas Department of Human Services


3955-Department of Information Resources


3955-State Board of Insurance


3955-Texas Commission on Jail Standards


3956-Judicial Districts Board


3956-Polygraph Examiners Board


3956-Public Utility Commission of Texas


3957-Texas Rehabilitation Commission


3957-Texas National Research Laboratory Commission


3957-Teacher Retirement System of Texas


3957-Texas State Treasury Department


3857-University of Texas System, M.D. Anderson Cancer Center

3958-Texas Water Commission


3958-Texas Water Development Board


3959-Texas Water Resources Finance Authority


3959-Texas Workers' Compensation Insurance Facility


3959-Regional Meetings


In Addition


Texas Air Control Board


3961-Notice of Contested Case Hearing


Texas Department of Human Services


3961-Correction of Public Notice


3961-Correction to Notice of Public Hearing


3962-Public Notice of Closed Solicitation


3962-Request for Proposals


State Board of Insurance


3962-Company Licensing


Texas Parks and Wildlife Department


3962-Notice of Public Hearing


Texas Water Commission


3963-Correction of Error


3965-Enforcement Orders


Texas Workers' Compensation Commission


3965-Announcement of Public Hearing and Extension of
Public Comment Period


3965-Correction of Error




CONTENTS CONTINUED INSIDE

ISSUE OFJuly 16, 1991" 
TAC Titles Affected



TAC Titles Affected-July


The following is a list of the administrative rules that have
been published this month.


TITLE 1. ADMINSTRATION  


Part V. State Purchasing
and General Services Commission
  


1 TAC sec.113.10--3665   


1 TAC sec.113.13--3691   


1 TAC sec.113.17--3691   


1 TAC sec.sec.113.21, 113.23, 113.25--3692  



1 TAC sec.125.47--3693   


1 TAC sec.sec.125.61, 125.63, 125.65, 125.67--3693
 


Part XIII. Texas Incentive
and Productivity Commission 
 


1 TAC sec.sec.275.1, 275.3, 275.5, 275.7, 275.9, 275.11,
275.13, 275.15, 275.17, 275.19, 275.21--3665


TITLE 10. COMMUNNITY DEVELOPMENT  


Part IV. Texas Housing
Agency   


10 TAC sec.sec.149.1-149.13--3813  


Part V. Texas Department
of Commerce   


10 TAC sec.sec.178.10, 178.11, 178.12, 178.14, 178.16
-3925   


10 TAC sec.178.17, 178.18--3928   


10 TAC sec.178.20--


TITLE 16. ECONOMIC REGULATION  


Part I. Railroad Commission
of Texas   


16 TAC sec.3.1--3767   


16 TAC sec.3.14--3765   


16 TAC sec.5.181--3667   


16 TAC sec.7.1--3668   


16 TAC sec.7.2--3668   


16 TAC sec.7.3--3669   


16 TAC sec.7.4--3671   


16 TAC sec.7.5--3671   


16 TAC sec.7.6--3671   


16 TAC sec.7.7--3672   


16 TAC sec.7.8--3673   


16 TAC sec.7.9--3673   


16 TAC sec.7.10--3674   


16 TAC sec.sec.7.10, 1.15, 7.20, 2.22, 7.25, 7.27, 7.35
--3673   


16 TAC sec.7.11--3674   


16 TAC sec.7.48--3675   


16 TAC sec.sec.9.3, 9.15, 9.24-3930   


16 TAC sec.9.4--3931   


16 TAC sec.9.33--3932   


16 TAC sec.9.501--3932   


16 TAC sec.11.221--3675


TITLE 19. EDUCATION  


Part II. Texas Education
Agency   


19 TAC sec.75.4--3865   


19 TAC sec.78.1--3823   


19 TAC sec.105.71--3823   


19 TAC sec.141.431--3865   


19 TAC sec.141.433--3865   


19 TAC sec.149.21--3824   


19 TAC sec.157.98--3865   


19 TAC sec.185.15--3825


TITLE 22. EXAMINING BOARDS  


Part IX. Texas State
Board of Medical Examiners
  


22 TAC sec.sec.176.1-176.3--3759   


22 TAC sec.188.1, 188.2--3765   


22 TAC sec.193.7--3767  


Part XXII. Texas State
Board of Public Accountancy
  


22 TAC sec.527.1--3866   


22 TAC sec.527.2--3866   


22 TAC sec.527.3--3866   


22 TAC sec.527.4--3866   


22 TAC sec.527.5--3866   


22 TAC sec.527.6--3866   


22 TAC sec.527.7--3867


TITLE 25. HEALTH SERVICES  


Part II. Texas Department
of Mental Health and
Mental Retardation   


25 TAC sec.401.53--3760   


25 TAC sec.sec.405.1-405.18--3697   


25 TAC sec.sec.410.101-410.122--3704  


Part V. Center for
Rural Health Initiatives 
 


25 TAC sec.sec.500.21-500.42--3659, 3675


TITLE 28. INSURANCE  


Part I. State Board
of Insurance   


28 TAC sec.5.6171-5.6183--3939   


28 TAC sec.9.11--3867  


Part II. Texas Workers'
Compensation Commission   


28 TAC sec.42.105--3933   


28 TAC sec.42.110--3863   


28 TAC sec.102.5--3939   


28 TAC sec.134.2--3868   


28 TAC sec.134.4--3869   


28 TAC sec.133.3--3708   


28 TAC sec.134.400--3863   


28 TAC sec.180.1, sec.180.3-3940   


28 TAC sec.180.2--3937   


28 TAC sec.sec.180.4-180.8--3941


TITLE 31. NATURAL RESOURCES AND CONSERVATION  


Part II. Texas Parks
and Wildlife Department 
 


31 TAC sec.59.2, sec.59.3--3863  


Part III. Texas Air
Control Board   


31 TAC sec.101.27--3761   


31 TAC sec.115.10--3676, 3708   


31 TAC sec.sec.115.112, 115.114, 115.116, 115.119--3713
  


31 TAC sec.sec.115.122, 115.126, 115.129--3676, 3713
  


31 TAC sec.115.126, sec.115.129--3676   


31 TAC sec.sec.115.132, 115.136, 115.139--3718 
 


31 TAC sec.115.136, sec.115.139--3677   


31 TAC sec.sec.115.212, 115.215, 115.216, 115.219--3719
  


31 TAC sec.115.222, sec.115.229--3720   


31 TAC sec.115.224, sec.115.229--3678   


31 TAC sec.115.239--3721   


31 TAC sec.sec.115.315, 115.316, 115.319--3721 
 


31 TAC sec.115.317--3722   


31 TAC sec.sec.115.322, 115.324, 115.325, 115.327, 115.329
--3722   


31 TAC sec.sec.115.332, 115.334, 115.335, 115.337, 115.339
--3723   


31 TAC sec.sec.115.342, 115.344, 115.345, 115.347, 115.349
--3724   


31 TAC sec.115.417, sec.115.419--3725   


31 TAC sec.sec.115.421-115.427, 115.429--3726  



31 TAC sec.sec.115.422, 115.423, 115.425, 115.426, 115.429
--3678   


31 TAC sec.sec.115.432, 115.435, 115.436, 115.437, 115.439
--3728   


31 TAC sec.sec.115.435, 115.436, 115.439--3679 
 


31 TAC sec.115.512, sec.115.519--3729   


31 TAC sec.sec.115.532, 115.536, 115.537, 115.539--3729
  


31 TAC sec.116.11--3680  


Part IX. Texas Water
Commission   


31 TAC sec.331.481, sec.334.482--3689   


31 TAC sec.335.112--3730   


31 TAC sec.335.431--3731  


Part X. Texas Water
Development Board   


31 TAC sec.sec.363.1-363.3--3769   


31 TAC sec.sec.363.1-363.5--3769   


31 TAC sec.sec.363.11-363.15--3769   


31 TAC sec.sec.363.31-363.32--3769   


31 TAC sec.sec.363.31-363.38--3769   


31 TAC sec.sec.363.41-363.43--3769   


31 TAC sec.sec.363.51-363.57--3770   


31 TAC sec.sec.363.52-363.60--3770   


31 TAC sec.363.71--3770   


31 TAC sec.363.71, sec.363.72--3770   


31 TAC sec.sec.363.81-363.85--3771   


31 TAC sec.363.91, sec.363.92--3771   


31 TAC sec.sec.363.101-363.108--3771   


31 TAC sec.363.111, 363.112--3771   


31 TAC sec.sec.363.121-363.126--3771   


31 TAC sec.363.141--3771   


31 TAC sec.sec.363.161-363.165--3771   


31 TAC sec.363.181--3772   


31 TAC sec.363.201, sec.363.202--3772   


31 TAC sec.sec.363.201-363.208--3772   


31 TAC sec.sec.363.221-363.224--3772   


31 TAC sec.sec.363.231-363.235--3775   


31 TAC sec.363.241, sec.363.242--3775   


31 TAC sec.sec.363.251-363.257--3776   


31 TAC sec.sec.363.281-363.283--3776   


31 TAC sec.sec.363.291-363.295--3776   


31 TAC sec.363.301, sec.363.302--3776   


31 TAC sec.sec.363.301-363.303--3776   


31 TAC sec.sec.363.311-363.314--3776   


31 TAC sec.sec.363.311-363.321--3776   


31 TAC sec.363.321--3776   


31 TAC sec.363.331--3776   


31 TAC sec.sec.363.331-363.333--3777   


31 TAC sec.sec.363.401-363.404--3777   


31 TAC sec.sec.363.501-363.508--3777   


31 TAC sec.sec.363.601-363.610--3777   


31 TAC sec.370.1, sec.370.2--3826, 3863   


31 TAC sec.sec.379.21-370.35--3827, 3863  



31 TAC sec.sec.370.41-370.43--3828, 3863  



31 TAC sec.sec.370.51-370.53--3829, 3863  



31 TAC sec.370.61--3829, 3864


TITLE 34. PUBLIC FINANCE  


Part I. Comptroller
of Public Accounts  



34 TAC sec.3.253--3681   


34 TAC sec.3.282--3682   


34 TAC sec.3.286--3683   


34 TAC sec.3.287--3933   


34 TAC sec.3.375--3684   


34 TAC sec.3.425--3686   


34 TAC sec.29.11--3943  


Part IV. Employees Retirement
Systems of Texas  



34 TAC sec.81.1, sec.81.7--3777   


34 TAC sec.81.7--3765   


34 TAC sec.sec.85.3, 85.5, 85.7, 85.9--3779  


Part V. Texas County
and District Retirement System
  


34 TAC sec.107.2--3869  


Part VI. Texas Municipal
Retirement System   


34 TAC sec.123.1--3779   


34 TAC sec.127.3--3779  


Part VII. State Property
Tax Board   


34 TAC sec.153.2--3821, 3829


TITLE 37. PUBLIC SAFETY AND CORRECTIONS  


Part III. Texas Youth
Commission   


37 TAC sec.sec.81.111, 81.113, 81.118--3830  



37 TAC sec.sec.81.114, 81.116, 81.117, 81.120, 81.121
--3830   


37 TAC sec.sec.81.401, 81.402, 81.403, 81.404, 81.405,
81.406, 81.407--3830   


37 TAC sec.85.1, sec.85.3--3831   


37 TAC sec.sec.85.21, 85.23, 85.25, 85.29, 85.35--3833
  


37 TAC sec.85.23, sec.85.29--3839   


37 TAC sec.sec.85.27, 85.31, 85.33, 85.43--3840 
 


37 TAC sec.sec.87.1, 87.3, 87.7, 87.9, 87.21, 87.23
--3843   


37 TAC sec.sec.87.7, 87.9, 87.21, 87.23--3843, 3847
  


37 TAC sec.87.53--3846, 3847   


37 TAC sec.87.75--3846, 3847   


37 TAC sec.sec.91.1, 91.3, 91.5, 91.7, 91.9, 91.11, 91.13
--3847   


37 TAC sec.91.31--   


37 TAC sec.sec.91.55, 91.57, 91.59, 91.63, 91.65, 91.69
--3855   


37 TAC sec.sec.91.55, 91.57, 91.59, 91.63, 91.65, 91.69,
91.73--3855   


37 TAC sec.81.113--3757


TITLE 40. SOCIAL SERVICES AND ASSISTANCE  


Part I. Texas Department
of Human Services  



40 TAC sec.3.704--3869   


40 TAC sec.3.902--3731, 3870   


40 TAC sec.11.107--3871   


40 TAC sec.15.433--3763   


40 TAC sec.15.455, sec.15.465--3763   


40 TAC sec.15.500--3763   


40 TAC sec.sec.29.201-29.207--3871   


40 TAC sec.29.603, sec.29.606--3943   


40 TAC sec.29.112--3944   


40 TAC sec.29.2401--3872   


40 TAC sec.48.2203, sec.48.2205--3731   


40 TAC sec.sec.48.2801-48.2810--3860   


40 TAC sec.48.2904, sec.48.2924--3862   


40 TAC sec.48.2906, sec.48.2918--3764   


40 TAC sec.48.2908--3764   


40 TAC sec.sec.49.1801-49.1806--3944   


40 TAC sec.79.1603-79.1605, 79.1607, 79.1608, 79.1610, 79.1612,
79.1614--3779   


40 TAC sec.sec.79.1701, 79.1705, 79.1714, 79.1716--3780
  


40 TAC sec.sec.85.4001, 85.4013, 85.4018--3780 
 


40 TAC sec.85.6016--3780  


Part VI. Texas Commission
on Human Rights   


40 TAC sec.327.1--3872

   
   

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 10. COMMUNITY DEVELOPMENT

Part V. Texas Department of Commerce

Chapter 178. Texas Community Development Programs


Subchapter A. Allocation of Program Funds


10 TAC sec.sec.178.10,
178.11, 178.12, 178.14, 178.16


The Texas Department of Commerce (Commerce) proposes amendments
to sec.sec.178. 10, 178.11, 178.12, 178.14, and 178.16, concerning
the allocation of Community Development Block Grant (CDBG) non-entitlement
area funds under the Texas Community Development Program (TCDP).
The proposed sections establish the standards and procedures
by which Commerce will allocate Community Development funds to
eligible units of general local government in Texas beginning
with the expenditure of federal fiscal year 1991 funds. The proposed
sections include application requirements, and selection procedures
and criteria.

Sedora Jefferson, general counsel, has determined that for
the first five-year period the sections are in effect there will
be no fiscal implications for state or local government as a
result of enforcing or administering the sections.

Ruth Cedillo, TCDP director, also has determined that for
each year of the first five years the sections are in effect
the public benefit anticipated as a result of enforcing the sections
will be the equitable distribution of funds to eligible units
of general local government. There will be no effect on small
businesses. There is no anticipated economic cost to persons
who are required to comply with the sections as proposed.

Comments on the proposal may be submitted to Sedora Jefferson,
General Counsel, P.O. Box 12728, Austin, Texas 78711 within 30
days after the date of this publication.

The amendments are proposed under the Texas Government Code
Annotated, Chapter 481, Subchapter N, which provides Commerce
with the authority to allocate CDBG nonentitlement area funds
to eligible counties and municipalities according to department
rules.



sec.178.10. General Provisions.


(a) Definitions and abbreviations. The following words
and terms, when used in this subchapter, shall have the following
meanings, unless the context clearly indicates otherwise.


(1)-(14) (No change.)


(15) State review committee-The State Community
Development Review Committee established pursuant to <nl>the
Texas Government Code, Chapter
481, Subchapter N<ol>
[Texas Civil Statutes, Article
4413(201)].


(16)-(18) (No change.)


(b)  Overview. Community development block grant nonentitlement
area funds are distributed by the Texas Community Development
Program to eligible units of general local government in the
following program areas:


(1)-(5) (No change.)


(6)<nl> governor's special assistance
fund for small and minority
businesses<ol> [special impact
fund];


(7)<nl> colonia fund<ol>
[housing development fund].


(c) (No change.)


(d)  Eligible location. Only projects or activities which
are located in the nonentitlement areas of the state are eligible
for funding under the Texas Community Development Program. 
<nl>The only exception is
Hidalgo County, an entitlement
county, which is eligible
for the colonia fund.


(e)  Ineligible activities. Any type of activity not
described or referred to in the Federal Housing and Community
Development Act of 1974, sec.5305(a) (42 United States Code,
sec.5301 et seq) is ineligible for funding under the Texas
Community Development Program. Specific ineligible activities
include but are not limited to construction of buildings and
facilities used for the general conduct of government (e.g.,
city halls and courthouses); new housing construction, except
as described as eligible under the <nl>current
Texas Community Development Program
application guides<ol> [housing
development fund]; the financing
of political activities; purchases
of construction equipment; income
payments, such as housing
allowances; most operation and
maintenance expenses; pre-contract
costs, such as application
preparation fees paid prior
to submittal of the application
prisons; and racetracks.


(f)-(k) (No change.)


(l)  Unobligated and recaptured funds. Any additional
funds resulting from the recapture of dollars from a prior year's
allocation, recapture of program income, unobligated funds from
a program area specified in subsection (b) of this section, or
reallocated funds which the United States Department of Housing
and Urban Development has recaptured from small cities grantees
will be redistributed to eligible communities on a priority basis
with eligible emergency and urgent need projects <nl>and
projects benefitting public housing
<ol> as the highest 
<nl>priorities<ol> [priority]. Any
additional remaining funds may
be redistributed to eligible
communities at the discretion
of the executive director
of the department within
such program areas.


(m)  (No change.)


(n) Performance threshold requirements. In addition to
the requirements of subsection (h) of this section, an applicant
must satisfy the following performance requirements in order
to be eligible to apply for program year 1991 funds. A contract
is considered executed for the purposes of this subsection on
the date stated in sec.2 of such contract:


(1) (No change.)


(2) expend all but the audit funds awarded under a contract
<nl>(except for texas capital
fund contracts)<ol> executed
at least 24 months prior
to the program year 1991
application deadline and submit
to the department the
close-out documents required by
the most recent edition
of the Texas Community
Development Program Project Implementation
Manual<ol>.



sec.178.11. Regional Review
Committees.


(a)-(b) (No change.)


(c) General requirements. In the performance of its responsibilities,
each regional review committee shall comply with all federal
and state laws and regulations relating to the administration
of community development block grant nonentitlement area funds
including, but not limited to, requirements of this subchapter,
the scoring procedures specified in the current Regional Review
Committee Guidebook, and the procedures established by the regional
review committee under the Texas Community Development Program.


(1) (No change. )


(2) Conflicts of interest. No member of a regional review
committee shall [participate in the deliberations concerning
an application or] vote on an application if the member is on
the governing body of the applicant. A county judge or county
commissioner may not score an application from an incorporated
city within the county, unless specifically authorized by the
regional review committee.


(3)-(4) (No change.)


(d) (No change.)



sec.178.12. Community Development
Fund.


(a) General provisions. This fund covers housing, public
facilities, and public service projects. Eligible units of general
local government may apply for funding of a single purpose project
such as housing assistance, sewer improvements, water improvements,
drainage, roads, or community centers, or for a multi-purpose
project which consists of any combination of such eligible activities.


(1)  An applicant may not submit an application under
this fund and also under the <nl>colonia fund
<ol> [special impact fund,
housing development fund] or
urgent need fund during
the same program year
if the proposed activity
under each application is
the same or substantially
similar.


(2) In addition to the threshold requirements of sec.178.10(h)
of this title (relating to General Provisions) <nl>and
the requirements of sec.178.10(n),
in order to be eligible
to apply for community
development funds, an applicant
must document that at
least 51% of the persons
who would directly benefit
from the implementation of
each activity proposed in
the application are of
low to moderate income.


(b) (No change.)


(c) Allocation plan.


(1) (No change.)


(2) Each state planning region is provided with a target
allocation of funds for applications in its region that are ranked
in accordance with a shared scoring system involving the department
and the regional review committees. Where the remainder of the
target allocation is insufficient to completely fund the next
ranked application, the department works with the affected applicant
to determine whether partial funding is feasible. If partial
funding is not feasible, the remaining funds from all the target
allocations are pooled to fund projects from among the highest
ranked, unfunded applications from each of the 24 state planning
regions. Selection criteria for such applications will consist
of the selection criteria scored by the department under this
fund. Marginal applicants' scores are recomputed based on the
applicants competing in the marginal pool competition only. [Funds
remaining unobligated under the special impact fund and housing
development fund are repooled to fund marginal projects under
this paragraph.]


(d) (No change.)


(e) Selection criteria. The following is an outline of
the selection criteria used by the department and the regional
review committees for scoring applications under the community
development fund. Seven hundred points are available.


(1) (No change.)


(2) Benefit to low- and moderate-income persons (total
-<nl>40<ol> [30] points).
An application in which
at least 60% of the
Texas Community Development Program
funds requested benefit low-
and moderate-income persons receives
<nl>40<ol> [30] points.


(3) (No change.)


(4) Project impact (total-<nl>170<ol>
[165] points). Each application
is scored on how the
proposed project resolves the
identified need and the
severity of the need
within the applying jurisdiction.
Information submitted in the
application or presented to
the regional review committees
is used by a committee
composed of staff of
the department to generate
scores on this factor.


(5) Match (total-<nl>60<ol>
[75] points). An applicant's
matching share may consist
of one or more of
the following contributions: cash;
in-kind services of equipment
use; materials or supplies;
or land. An applicant's
match is considered only
if the contributions are
used in the same target
areas for activities directly
related to the activities
proposed in its application;
if the applicant demonstrates
that its matching share
has been specifically designated
for use in the activities
proposed in its application;
and if the applicant
has used an acceptable
and reasonable method of
valuation. The population category
under which county applications
are scored depends on
the project type and
the beneficiary population served.
If the project benefits
residents of the entire
county, the total population
of the county is used.
If the project is for
activities in the unincorporated
area of the county with
a target area of beneficiaries,
the population category is
based on the residents
of the entire unincorporated
area of the county. For
county applications addressing
water and sewer improvements
in unincorporated areas, the
population category is based
on the actual number
of beneficiaries to be
served by the project
activities. The population category
under which joint applications
are scored is based on
the combined populations of
the joint applicants according
to the <nl>1990<ol>
[1980] census. Applications for
housing rehabilitation and for
affordable new permanent housing
for low- and moderate-income
persons receive the <nl>60
<ol> [75] points without
including any matching funds.
This exception is for
housing activities only. Sewer
or water service line/connections
are not counted as housing
rehabilitation. Demolition/clearance and
code enforcement, when done
in the same target area
are counted as part of
the housing rehabilitation activity.
When demolition/clearance and code
enforcement are proposed without
housing rehabilitation activities,
then the match score
is still based on actual
matching funds committed by
the applicant. Applications which
include additional activities,
other than related housing
activities, are scored based
on the percentage of
match provided for the
additional activities. The terms
used in this paragraph
are further defined in
the current application guide
for this fund.


<nl>(A) Applicants with populations
equal to or less than
750 according to the
1990 census:


<nl>(i)<nl> match equal
to or greater than 5.0%
of grant request-60;


<nl>(ii)<nl> match at
least 4.0% but less than
5.0% of grant request-40;


<nl>(iii)<nl> match at
least 3.0% but less than
4.0% of grant request-20;


<nl>(iv) <nl> match
at least 2.0% but less
than 3.0% of grant request
-10;


<nl>(v)<nl> match less
than 2.0% of grant request
-0.


<nl>(B) <ol>[(A)] Applicants
with populations <nl>equal
to or less than<ol>
[under] 1,500 <nl>but
over 750<ol> according
to the <nl>1990<ol>
[1980] census:


(i)<ol> match equal to
or greater than 10% of
grant request-<nl>60<ol>
[75];


(ii)<ol> match at least
7.5% but less than 10%
of grant request-<nl>40
<ol> [50];


(iii)<ol> match at least
5.0% but less than 7.5%
of grant request-<nl>20
<ol> [25];


(iv)<ol> match at least
2.5% but less than 5.0%
of grant request-10;


(v)<ol> match less than
2.5% of grant request-0.


<nl>(C)<ol>[(B)] Applicants with
populations <nl>equal to
or less than<ol> [under]
5,000 but over 1,500
according to the <nl>1990
<ol> [1980] census:


(i)<ol> match equal to
or greater than 15% of
grant request-<nl>60<ol>
[75];


(ii)<ol> match at least
11.5% but less than 15%
of grant request-<nl>40
<ol> [50];


(iii) <ol> match at least
7.5% but less than 11.5%
of grant request-<nl>20
<ol> [25];


(iv)<ol> match at least
3.5% but less than 7.5%
of grant request-10;


(v)<ol> match less than
3.5% of grant request-0.


<nl>(D)<ol>[(C)] Applicants with
populations over 5,000 according
to the <nl>1990<ol>
[1980] census:


(i)<ol> match equal to
or greater than 20% of
grant request-<nl>60<ol>
[75];


(ii)<ol> match at least
15% but less than 20%
of grant request-<nl>40
<ol> [50];


(iii)<ol> match at least
10% but less than 15%
of grant request-<nl>20
<ol> [25];


(iv) <ol> match at least
5.0% but less than 10%
of grant request-10;


(v)<ol> match less than
5.0% of grant request-0.


(6) (No change.)



sec.178.14. Planning/Capacity
Building Fund.


(a) General provisions. This fund is intended to provide
an opportunity for units of general local government to prepare
comprehensive community development plans, develop strategies,
assess needs, and build or improve local capacity to undertake
future community development projects or to prepare other needed
planning elements. Eligible units of general local government
are to be the direct recipients of planning contracts. Units
of general local government may submit one application for planning
funds annually if all previous planning/capacity building contracts
with the department have been totally reimbursed by the department.


(1) A cash match equal to or greater than 20% of the
total Texas Community Development Program funds requested is
required of all applicants having a population <nl>over
<ol> [of] 5,000 [or more],
<nl>a cash match equal
to or greater than 15%
of the total Texas Community
Development Program funds requested
is required of all applicants
having a population over
1, 500 but equal to
or less than 5,000,<ol>
a cash match equal to
or greater than 10% of
the total Texas Community
Development Program funds requested
is required of all applicants
having a population <nl>over
750 but equal to or
less than 1, 500, 
<ol>[of less than 5,000.]
<nl> and a cash match
equal to or greater than
5.0% of the total Texas
Community Development Program funds
requested is required of
all applicants having a
population of less than
750.<ol> The population
of an applicant is based
on the <nl>1990<ol>
[1980] census unless an
applicant submits a survey
conducted in accordance with
sec.178.1(k) of this title
(relating to General Provisions).
<nl>The percentage of
match required from a
county applicant is based
on the actual target
area population benefitting from
the proposed planning project.
<ol> In lieu of providing
the cash match specified
in this paragraph, and
as further described in
the most recent application
guide for this fund,
an applicant may agree
to pay out of its
own resources for other
eligible planning activities described
on the matrix included
in such application guide.


(2) In addition to the threshold requirements of sec.178.10(h)
<nl>and the requirements of
sec.178.10(n)<ol>, in order
to be eligible to apply
for planning/capacity building
funding, an applicant under
this section must document
that at least 51% of
the persons in the area
who would benefit from
the implementation of the
proposed planning activity are
of low and moderate income.


(b) (No change.)


(c) Selection procedures. Scoring and the recommended
ranking of projects is done by staff and a [project review] committee
<nl>composed of department
staff<ol> with input from
the regional review committees.
[The Project Review Committee
is composed of Texas
Community Development Program managers
and other members designated
by the director of the
Texas Community Development Program.]
The application and selection
procedures consist of the
following steps.


(1) Prior to the application deadline, each eligible
jurisdiction may submit one application for funding under the
planning/capacity building fund. <nl>An applicant
may not submit an application
under this fund and also
under the colonia fund
if the proposed activity
under each application is
the same or substantially
similar.<ol> One copy
of the application must
be provided to the applicant's
regional review committee and
two copies must be submitted
to the department.


(2)  (No change.)


(3) Each regional review committee may, at its option,
review and comment on a planning/capacity building proposal from
a jurisdiction within its state planning region. These comments
will become part of the application file [and are considered
by the Project Review Committee], provided such comments are
received by the department prior to scoring of the applications.


(4) The department staff and <nl>the department
staff committee<ol> [Project
Review Committee] generate scores
on factors related to
planning strategy and products.
Each application is scored
on how the proposed planning
activities resolve the identified
community development needs of
the local government. This
information, as well as
any comments made by
the regional review committee,
will be used by the
<nl>department staff committee
<ol> [Project Review Committee]
and department staff to
generate scores on the
planning strategy and products
factors.


(5)-(9) (No change.)


(d)  Selection criteria. The following is an outline
of the selection criteria used by the department [, the Project
Review Committee, and the State Review Committee] for selection
of the projects under the planning/capacity building fund. Four
hundred twenty-five points are available.


(1)-(2) (No change. )


(3) Project design (total-100 points).


(A) (No change.)


(B) Areawide proposals (50 points). <nl>An
applicant must propose to
conduct all activities described
in its application throughout
the entire jurisdiction of
the applicant to receive
the maximum 50 points.
An applicant proposing target
area planning will receive
zero points.


(4) (No change. )



sec.178.16. Urgent Need
Fund.


(a) General provision. Assistance under this fund is
provided only to eliminate existing water and sewer conditions
which pose a serious and immediate threat to the health or welfare
of the residents of the applicant where other financial resources
are not available to meet such conditions. A unit of general
local government that wishes to receive assistance under this
fund must submit an application, as provided by the department,
to the department. There is no application deadline. An applicant
may not submit an application under this fund and also under
the community development fund or the <nl>colonia
fund<ol> [special impact
fund] during the same
program year if the proposed
activity under each application
is the same or substantially
similar. An applicant may
submit only one application
under this fund in any
one program year. The
department may negotiate the
level of funding to be
provided to an applicant
and the scope of work
to be performed by the
applicant.


(b) Threshold requirements. In addition to the requirements
set forth in sec.178.10(h) of this title (relating to General
Provisions) <nl>and the requirements
of sec.178.10(n)<ol>, each
of the following requirements
must be satisfied in
order to be eligible
for funding under this
fund:


(1)-(3) (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 8, 1991.

TRD-9108103

Cathy Bonner

Interim Executive Director

Texas Department of Commerce

Earliest possible date of adoption: July 8, 1991

For further information, please call: (512) 320-9666

   
   


10 TAC sec.178.17, sec.178.18


(Editor's note: The
text of the following
sections proposed for repeal
will not be published.
The sections may be examined
in the offices of the
Texas Department of Commerce
or in the Texas Register
office, Room 245, James
Earl Rudder Building, 1019
Brazos Street, Austin.)


The Texas Department of Commerce (Commerce) proposes the repeal
of sec.178. 17 and sec.178.18, concerning the special impact
fund and the housing development fund under which a portion of
federal fiscal years 1986-1990 community development block grant
(CDBG) nonentitlement are funds were allocated to units of general
local government. In accordance with Commerce federal fiscal
year 1991 final statement submitted to the United States Department
of Housing and Urban Development, the repeal deletes the special
impact fund and the housing development fund as separate sources
of funding under the Texas Community Development Program (TCDP).

Sedora Jefferson, general counsel, has determined that for
the first five-year period the repeal is in effect there will
be no fiscal implications for state or local government as a
result of enforcing or administering the repeals.

Ruth Cedillo, TCDP director, 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 repeal will
be greater availability of funds for projects benefiting the
residents of severely distressed unincorporated areas. 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 Sedora Jefferson,
General Counsel, P.O. Box 12728, Austin, Texas 78711, within
30 days after the date of this publication.

The repeals are proposed under the Texas Government Code Annotated,
Chapter 481, Subchapter N, which provides Commerce with the authority
to allocate CDBG nonentitlement area funds to eligible counties
and municipalities according to department rules.


This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's authority
to adopt.

Issued in Austin, Texas, on June 8, 1991.

TRD-9108104

Cathy Bonner

Interim Executive Director

Texas Department of Commerce

Earliest possible date of adoption: August 16, 1991

For further information, please call: (512) 320-9666

   
   


10 TAC sec.178.20


The Texas Department of Commerce (Commerce) proposes new 
s178.20, concerning the establishment of a colonia fund under
the Texas Community Development Program (TCDP). The colonia fund
will be available to eligible counties for water, sewer, and
planning projects in severely distressed unincorporated areas.
The proposed section establishes the standards and procedures
by which Commerce will allocate colonia funds to eligible units
of general local government in Texas beginning with the expenditure
of federal fiscal year 1991 funds. The proposed section includes
application requirements, and selection procedures and criteria.

Sedora Jefferson, 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.

Ruth Cedillo, TCDP director, 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 equitable distribution of funds to eligible units
of general local government. 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 Sedora Jefferson,
General Counsel, P.O. Box 12728, Austin, Texas 78711, within
30 days after the date of this publication.

The new section is proposed under the Texas Government Code
Annotated, Chapter 481, Subchapter N, which provides Commerce
with the authority to allocate CDBG nonentitlement area funds
to eligible counties and municipalities according to department
rules.



sec.178.20. Colonial Fund.


(a) General provisions. This fund covers the payment
of assessments, access fees, and capital recovery fees for low
and moderate income persons for eligible water and sewer improvements
projects and eligible planning activities projects to serve severely
distressed unincorporated areas of counties which meet the definition
of a colonia under this fund. A colonia is defined as: any identifiable
unincorporated community that is designated as such by the department;
is determined to be a colonia on the basis of objective criteria,
including lack of potable water supply, lack of adequate sewage
systems, and lack of decent, safe, and sanitary housing; and
was in existence and generally recognized as a colonia prior
to November 28, 1990. For an eligible county to submit an application
on behalf of eligible colonia areas, the colonia areas must be
within 150 miles of the Texas-Mexico border region, except that
any county that is part of a standard metropolitan statistical
area with a population exceeding one million is not eligible
under this fund.


(1)  An applicant may not submit an application under
this fund and also under the community development fund, planning/capacity
building fund or urgent need fund during the same program year
if the proposed activity under each application is the same or
substantially similar.


(2) In addition to the threshold requirements of sec.178.10(h)
of this title (General Provisions) and the requirements of 
s178.10(n) in order to be eligible to apply for colonia funds,
an applicant must document that at least 51% of the persons who
would directly benefit from the implementation of each activity
proposed in the application are of low to moderate income.


(3) Applicants submitting proposals for colonia fund
planning activities are not required to provide a cash match
in support of the project.


(b) Eligible activities. The only eligible activities
under the colonia fund are:


(1) the payment of assessments (including any charge
made as a condition of obtaining access) levied against properties
owned and occupied by persons of low and moderate income to recover
the capital cost for a public water and/or sewer improvement;


(2) payment of the cost of planning community development
(including water and sewage facilities) and housing activities;
costs for the provision of information and technical assistance
to residents of the area in which the activities are located
and to appropriate nonprofit organizations and public agencies
acting on behalf of the residents; and costs for preliminary
surveys and analyses of market needs, preliminary site engineering
and architectural services, site options, applications, mortgage
commitments, legal services, and obtaining construction loans.


(c) Types of applications. Eligible applicants may submit
one application for the payment of assessments activities and
one application for eligible planning activities. The two eligible
activities (payment of assessments activities and planning activities)
cannot be included in one application, but must be applied for
under separate applications. Priority for funding will be given
to applications for payment of assessments activities. If the
entire state allocation under this fund is obligated for payment
of assessments applications, then applications for planning activities
under this fund will be considered under the planning/capacity
building fund (sec.178.14 of this title (relating Planning/Capacity
Building Fund)).


(d)  Funding cycle. This fund will be allocated on an
annual basis to eligible county applicants on a competitive basis.
Applications for funding must be received by the department by
5 p.m. on the date specified in the most recent application guide
for this fund.


(e) Selection procedures.


(1)  On or before the application deadline, each eligible
county may submit one application for payment of assessments
activities and one application for planning activities for funding
under the colonia fund. Copies of the application must be provided
to the applicant's regional review committee and the department.


(2) Upon receipt of an application, the department staff
performs an initial review to determine whether the application
is complete and whether all proposed activities are eligible
for funding. The results of this initial review are provided
to the applicant. If not subject to disqualification, the applicant
may correct any deficiencies identified within 10 calendar days
of the date of the staff's notification.


(3) Each regional review committee may, at its option,
review and comment on a colonia fund proposal from a jurisdiction
within its state planning region. These comments will become
part of the application file, provided such comments are received
by the department prior to scoring of the applications.


(4)  The department then scores the applications to determine
colonia fund rankings. Scores on the selection factors are derived
from standardized data from the Census Bureau, other federal
or state sources, and from information provided by the applicant.


(5) Following a final technical review, the department
staff makes funding recommendations to the State Review Committee.


(6) The funding recommendations of the State Review Committee
are then provided to the executive director of the department.


(7) The executive director of the department reviews
the final recommendations for project awards and announces the
contract awards.


(8) Upon announcement of contract awards, the department
staff works with recipients to execute the contract agreements.
While the award must be based on the information provided in
the application, the department may negotiate any element of
the contract with the recipient as long as the contract amount
is not increased and the level of benefits described in the application
is not decreased. The level of benefits may be negotiated only
when the project is partially funded.


(f) Selection criteria (payment of assessments activities).
The following is an outline of the selection criteria to be used
by the department for scoring applications for payment of assessments
activities under the colonia fund. Three hundred fifty points
are available.


(1) Community distress (total-60 points). All community
distress scores are based on the population of the applicant
and the census geographic areas where project activities are
located. An applicant that has 125% or more of the average of
all applicants of the rate on any community distress factor,
except per capita income, will receive the maximum number of
points available for that factor. An applicant with less than
125% of the average of all applicants on a factor will receive
a proportionate share of the maximum number of points available
for that factor. An applicant that has 75% or less of the average
of all applicants on the per capita income factor will receive
the maximum number of points available for that factor:


(A) percentage of persons living in poverty-20;


(B) per capita income-20;


(C) percentage of housing units without plumbing-20.


(2) Benefit to low-and moderate-income persons (total-50
points).


(A) Number of low-and moderate-income persons to be served
(20 points). Points will be awarded using the median number of
low-and moderate-income persons to benefit from all colonia fund
applications received as the base figure using the following
scale:


(i)<ol> 120% or above
the median number of
low-and moderate-income beneficiaries-20;


(ii)<ol> 100% to 119.99%
of the median number
of low-and moderate-income beneficiaries-15;


(iii)<ol> 80% to 99.99%
of the median number
of low-and moderate-income beneficiaries-10;


(iv)<ol> below 80% of
the median number of
low-and moderate-income beneficiaries-0.


(B) Low-and moderate-income percentage of the entire
colonia area(s) receiving project benefit (30 points). Points
will be awarded based on the percentage of low-and moderate-income
persons residing within the entire boundaries of the colonia
area(s) where project activities are located according to the
following scale:


(i)<ol> 100% to 95%
low-to moderate-income percentage
for persons residing in
the colonia area(s)-30;


(ii)<ol> 94.99% to 90%
low-to moderate-income percentage
for persons residing in
the colonia area(s)-25;


(iii)<ol> 89.99% to 80%
low-to moderate-income percentage
for persons residing in
the colonia area(s)-20;


(iv)<ol> 79.99% to 70%
low-to moderate-income percentage
for persons residing in
the colonia area(s)-10;


(v)<ol> below 80% low-to
moderate-income percentage for
persons residing in the
colonia area(s)-0.


(3) Percentage of minorities presently employed by the
applicant divided by the percentage of minority residents within
the local community (total-25 points). In the event less than
5.0% of the applicant's population base is composed of minority
residents or the applicant has less than five permanent full-time
employees, the applicant will be assigned the average score on
this factor for all applicants under this fund or the score calculated
on its actual figures, whichever is higher. The terms used in
this paragraph are defined in the most recent application for
this fund.


(4) Project design (total-215 points). Each application
is scored based on how the proposed project resolves the identified
need and the severity of need within the applying jurisdiction.
Information submitted in the application is used by a committee
composed of staff of the department to generate scores on the
project design factor.


(g) Selection criteria (planning activities). The following
is an outline of the selection criteria used by the department
for scoring applications for eligible planning activities under
this fund. In the event that the entire colonia fund allocation
is obligated to colonia fund applications for payment of assessments
activities, then colonia fund applications for planning activities
will be considered under the planning/capacity building fund
competition and will be scored using the selection criteria under
sec.178.14(d). Four hundred twenty-five points are available.


(1) Community distress (total-50 points). All community
distress factor scores are based on the total population of the
applicant:


(A) percentage of persons living in poverty-15;


(B) per capita income-15;


(C) percentage of housing units without some or all plumbing-10;


(D) unemployment rate-10.


(2) Percentage of minorities presently employed by the
applicant divided by the percentage of minority residents within
the local community (total-25 points). In the event less than
5.0% of the applicant's population base is composed of minority
residents or the applicant has less than five full-time permanent
employees, the applicant will be assigned the average score on
this factor for all applicants, or the score calculated on its
actual figures, whichever is higher. The terms used in this paragraph
are defined in the current application guide.


(3) Project design (total-100 points).


(A) Program priority (50 points). An applicant chooses
its own priorities under this scoring factor. All activities
are weighted at 10 points apiece. An applicant receives 50 points
for its first five priorities. Proposals that include the activities
shown on the matrix in the most recent application guide for
this fund as priorities will receive primary consideration. An
applicant is not limited to requesting only its first five priorities.
It may also request funds for activities viewed as necessary,
but no additional points would be available for these activities.
Applicants with fewer than five priorities or wishing to accomplish
fewer than five activities receive point consideration for efficient
use of grant funds under "Planning Strategy and Products" described
in the most recent application guide for this fund.


(B)  Areawide proposals (50 points). An applicant must
propose to conduct all activities described in its application
on a colonia-wide basis to receive the maximum 50 points. An
applicant proposing planning for portions of colonias will receive
zero points.


(4) Planning strategy and products (total-250 points).


(A) Previous planning (50 points):


(i)<ol> an applicant which
has not previously received
a planning/capacity building contract
to benefit the colonia(s)
included in the application-50
points;


(ii)<ol> an applicant which
has received previous planning/capacity
building funding and can
demonstrate that at least
three previous planning recommendations
have been implemented, i.e.,
funds from any source
have been spent to implement
recommendations included in the
plans-40;


(iii) <ol> an applicant which
has participated in the
program established under this
section and can demonstrate
implementation of some of
the planning recommendations, regardless
of the source of funding,
or an applicant which
has received previous planning/capacity
building funding but can
demonstrate that conditions have
changed to warrant new
planning for the same
activities-20.


(B) Proposed planning effort (200 points). The factors
considered by a committee composed of staff of the department
in determining this score are as follows:


(i)<ol> the extent to
which findings of any
previous planning efforts have
been implemented;


(ii)<ol> how clearly the
proposed planning effort will
resolve the community needs
addressed in the application;


(iii)<ol> whether the proposed
activities will result in
the development of a
strategy capable of implementation
and will be an efficient
use of contract funds;
and


(iv)<ol> demonstration of local
commitment.


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 8, 1991.

TRD-9108105

Cathy Bonner

Interim Executive Director

Texas Department of Commerce

Earliest possible date of adoption: August 16, 1991

For further information, please call: (512) 320-9666

   
   


TITLE 16. ECONOMIC REGULATION

Part I. Railroad Commission of Texas

Chapter 9. Liquefied Petroleum Gas Division


Subchapter A. General Applicability and Requirements


The Railroad Commission of Texas proposes to repeal and replace
sec.9.4 concerning registration for testing laboratories. In
addition, the commission proposes amendments to sec.sec.9.3,
9.15, and 9.24, concerning categories of LP-gas licenses, LP-gas
report forms, and insurance requirements for LP-gas licensees.
The commission proposes the changes in order to bring theses
sections into compliance with the requirements of House Bill
2505 and Chapter 113 of the Texas Natural Resources Code.

The commission proposes to repeal and replace sec.9.4 due
to extensive changes in the rule. New sec.9.4 requires a test
manual to be submitted by Category A, B, or O licensees. The
section also sets out licensing deadlines for testing laboratories
registered with the division prior to August 26, 1991. Section
9.4 extends the registration deadline for these testing laboratories
until August 26, 1992, and provides that all LP-gas related activies
must cease on that date unless an applicable license is obtained.

The amendment to sec.9.3 adds Category O, testing laboratories,
to the categories of LP-gas licenses. Section 9.3 has also been
revised to incorporate mobile fuel containers and systems and
the testing of LP-gas containers and systems into the definitions
of the appropriate categories of licenses. LPG Form 27, Application
for Testing Laboratories Registration, has been deleted from
sec.9.15, and sec.9.24 has been amended to state the insurance
requirements for Category O licensees. The requirement that Categories
B and O licensees carry completed operations and products liability
insurance has also been added to sec.9.24, and all required
insurance amounts for Category B licensees have been increased.
The references to the LPG Form 998C were changed to LPG Form
998B in sec.9.24.

Thomas D. Petru, director of the Liquefied Petroleum Gas Division,
has determined that for the first five-year period the proposed
sections are in effect there will be no fiscal implications for
state or local governments as a result of enforcing or administering
the sections.

Mr. Petru also has determined that for each year of the first
five years the sections as proposed are in effect the public
benefit anticipated as a result of enforcing the sections as
proposed would be an increase in public safety due to greater
regulatory control over testing laboratories. There will be no
effect on small businesses. There is no anticipated economic
cost to persons who are required to comply with the sections
as proposed.

Comments on the proposal may be submitted to Thomas D. Petru,
Director, Liquefied Petroleum Gas Division, Railroad Commission
of Texas, P.O. Box 12967, Austin, Texas 78711-2967. Comments
will be accepted for 30 days after publication in the Texas
Register.


16 TAC sec.sec.9.3, 9.15,
9.24


The amendments are proposed under the Texas Natural Resources
Code, sec.113. 051, which authorizes the Railroad Commission
of Texas to promulgate rules and standards related to the liquefied
petroleum gas industry and its operations which will protect
or tend to protect the health, safety, and welfare of the general
public.



sec.9.3 Categories of
Licenses.<ol> A prospective
licensee may apply to
the LP-Gas Division for
a license to engage in
one or more of the
following categories:


(1) Category A-Manufacturers and/or fabricators, which
covers the manufacture, fabrication, assembly, repair, installation,
subframing <nl>testing<ol> and
sale of LP-gas containers,
including LP-gas motor 
<nl>or mobile<ol> fuel
containers and systems, and
the repair and installation
of transport and transfer
systems;


(2) Category B-Transport outfitters, which covers the
subframing<nl>, testing<ol>
and sale of LP-gas transport
containers, the <nl>testing
of LP-gas storage containers,
<ol> and the installation
<nl>, testing,<ol> and
sale of LP-gas motor
<nl>or mobile<ol> fuel
contains <nl>and systems
<ol>, and the installation
and repair of transport
<nl>systems,<ol> and motor
<nl>or mobile<ol> fuel
systems;


(3)-(4)  (No change.)


(5) Category E-Retail and wholesale dealers, which covers
the storage, sale, transportation, and distribution of LP-gas
at retail and wholesale, and all other activities included in
this section<nl>,<ol> except
the manufacture, fabrication, assembly,
repair, [and] subframing<nl>,
and testing<ol> of LP-gas
containers;


(6)-(11) (No change.)


(12)  Category L-Carburetion, which covers the sale and
installation of LP-gas motor <nl>or mobile
<ol> fuel containers, and
the sale and installation
of LP-gas motor fuel
systems;


(13) Category M-Recreational vehicle installers and repairmen,
which covers the sale, service, and installation of recreational
vehicle containers, and the installation, repair, and service
of recreation vehicle appliances, piping, and <nl>LP-gas
<ol> [LPG] systems, including
recreational vehicle motor 
<nl>or mobile<ol> fuel
systems and containers;


(14) (No change.)


<nl>(15) Category O-Testing laboratories
which covers the testing
of an LP-gas container
for the purpose of determining
the safety of the container
of LP-gas service, including
the necessary disconnection and
reconnection of LP-gas motor
fuel systems or mobile
fuel systems, transfer systems,
and transport systems involved
in the testing of containers.



sec.9.15. LP-Gas Report
Forms.<ol> Under the provisions
of the Texas Natural
Resources Code, Chapter 113,
the Railroad Commission of
Texas has adopted by
reference the following forms
for use by the Liquefied
Petroleum Gas (LP-Gas) Division.
These forms as available
to the public upon request
[directed] to the LP-Gas
Division in Austin:


(1)-(10) (No change.)


(11) LPG Form 16B. Application for Examination Exemption
by a Master or Journeyman Plumber <nl>or a
<ol> [/] Class A or
B Air Conditioning and
Refrigeration Contractor;


(12)-(21) (No change.)


[(22) LPG Form 27. Application for Testing Laboratories
Registration;]


<nl>(22)<ol>[(23)] LPG For
500. Application for Tentative
Approval;


<nl>(23)<ol>[(24) LPG Form
500a. Notice of LP-Gas
Installation;


<nl>(24)<ol>[(25)] LPG Form
501. Completion Report;


<nl>(25)<ol>[(26)] LPG Form
502. Application for Liquefied
Petroleum Gas Equipment and
Component Approval;


<nl>(26)<ol>[(27)] LPG Form
503. Application to Install
a LP-Gas System on School
Bus/Mass Transit Vehicles;


<nl>(27)<ol>[(28)] LPG Form
504. Notice of Subsequent
Installation or Conversion by
the Same Ultimate Consumer
or Licensee;


<nl>(28)<ol>[(29)] LPG Form
996A. Certificate of Insurance,
Worker's Compensation and Employer's
Liability;


<nl>(29)<ol>[(30)] LPG Form
996B. Statement in Lieu
of Worker's Compensation and
Employer's Liability Insurance;


<nl>(30)<ol>[(31)] LPG Form
997A. Certificate of Insurance,
Motor Vehicle Bodily Injury,
and Property Damage Liability;


<nl>(31)<ol>[(32)] LPG Form
997B. Statement in Lieu
of Motor Vehicle Bodily
Injury, and Property Damage
Liability Insurance;


<nl>(32)<ol>[(33)] LPG Form
998A. Certificate of Insurance,
General Liability;


<nl>(33)<ol>[(34)] LPG Form
998B. Statement in Lieu
of General Liability Insurance
and/or Completed Operations and
Products Liability Insurance.


<nl>(34)<ol>[(35)] LPG Form
999. Notice of Insurance
Cancellation.



sec.9.24. Insurance Requirements.


(a) Pursuant to the Texas Natural Resources Code, Chapter
113, the Railroad Commission of Texas has adopted the following
minimum amounts of insurance for LP-gas <nl>licensees
<ol> [dealers] licensed by
he State of Texas. A
valid certificate of insurance
shall be filed with the
LP-Gas Division before the
commission grants or renews
a license.


(1) (No change.)


(2) Category B-Transport outfitters.


(A) general liability, including premises and operations
coverage <nl>and completed operations
and products liability coverage
<ol>: <nl>$300,000<ol> [$25,000]
bodily injury; <nl>$100,000
<ol> [$10,000] property damage;
<nl>$300,000 aggregate; or
$300, 000<ol> [$25,000]
combined single limits;


(B) (No change.)


(3) -(14) (No change.)


<nl>(15) Category O-Testing laboratory:


<nl>(A) general liability, including
premises and operations coverage
and completed operations and
products liability coverage: $300,000
bodily injury: $100,000 property
damage $300,000 aggregate; or
$300,000 combined single limits;


<nl>(B) workers' compensation,
including employers' liability.


(b)  (No change.)


(c) A Category C, E, H, or J licensee or applicant for
a license that does not operate or contemplate operating a motor
vehicle equipped with an LP-gas cargo <nl>container
<ol> [tank] or does not
transport or contemplate transporting
LP-gas by vehicle in
any manner may file LPG
Form 997B in lieu of
a certificate of <nl>motor
vehicle<ol> [automobile] bodily
injury and property damage
insurance, if this certificate
is otherwise required. The
licensee or applicant for
a license must file the
required insurance certificate
with the division before
operating a motor vehicle
equipped with an LP-gas
cargo <nl>container<ol>
[tank] or transporting LP-gas
by vehicle in any manner.


(d) A Category A, <nl>B,<ol> C,
[or] E<nl>, or O
<ol> licensee or applicant
for a license that does
not engage in or contemplate
engaging in any LP-gas
operations that would be
covered by completed operations
and products liability insurance
may file LPG Form 
<nl>998B<ol> [998C] in
lieu of a certificate
of completed operations and
produces liability insurance. The
licensee or application for
a license must file the
required insurance certificate
with the division before
engaging in any operations
that require completed operations
and products liability insurance.


(e) A licensee or applicant for a license that does not
engage in or contemplate engaging in any operations that would
be covered by general liability insurance may file LPG Form 
<nl>998B<ol> [998C] in
lieu of a certificate
of general liability insurance.
The licensee or applicant
for a license must file
the required insurance certificate
with the division before
engaging in any operations
that require general liability
insurance.


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 July 8, 1991.

TRD-9108172

Martha V. Swanger

Hearings Examiner, Legal Division, General Law

Railroad Commission of Texas

Earliest possible date of adoption: August 16, 1991

For further information, please call: (512) 463-6949

   
   


16 TAC sec.9.4


(Editor's note: The
text of the following
section proposed for repeal
will not be published.
The section may be examined
in the offices of the
Railroad Commission of Texas
or in the Texas Register
office, Room 245, James
Earl Rudder Building, 1019
Brazos Street, Austin.)


The repeal is proposed under the Texas Natural Resources Code,
sec.113.051, which authorizes the Railroad Commission of Texas
to promulgate rules and standards related to the liquefied petroleum
gas industry and its operations, which will protect the health,
safety, and welfare of the general public.



sec.9.4. Registration for
Testing Laboratories.


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 July 8, 1991.

TRD-9108171

Martha V. Swanger

Hearings Examiner, Legal Division, General Law

Railroad Commission of Texas

Earliest possible date of adoption: August 16, 1991

For further information, please call: (512) 463-6949

   
   


The new section is proposed under the Texas Natural Resources
Code, sec.113. 051, which authorizes the Railroad Commission
of Texas to promulgate rules and standards related to the liquefied
petroleum gas industry and its operations, which will protect
the health, safety, and welfare of the general public.



sec.9.4. Requirements for
Testing.


(a) In addition to the other licensing requirements set
out in the Texas Natural Resources Code and the LP-Gas Safety
Rules, any Category A, B, or O licensee that proposes to determine
the safety of an LP-gas container for LP-gas service in the State
of Texas shall submit for division approval a written detailed
test manual covering all testing activities. Also, any testing
laboratory currently registered with the division or any category
A, B, or O licensee that seeks to obtain or renew an LP-gas license
must submit its manual for division approval prior to the issuance
or renewal of the applicable license. Any revisions to a test
manual must be submitted and approved prior to implementation.
Procedures for hydrostatic testing must include the use of a
calibrated pressure chart recorder. Any reasonable material may
be required by the commission or division director in connection
with division approval.


(b) The registration for testing laboratories registered
with the division on or prior to August 26, 1991, shall continue
in effect until August 26, 1992, unless such registration is
revoked following a formal hearing. Such registration will expire
automatically on August 26, 1992, and an applicable license will
be required for any continued testing activities. All testing
laboratories operating under the extended registration prescribed
by this section must comply with the insurance requirements pertaining
to Category A licensees as set out in the Texas Natural Resources
Code, sec.113.097 and sec.113. 099, except that no products
liability insurance is required. All certificates filed are subject
to the insurance conditions of the Texas Natural Resources Code,
sec.113.098.


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 July 8, 1991.

TRD-9108173

Martha V. Swanger

Hearings Examiner, Legal Division, General Law

Texas Railroad Commission of Texas

Earliest possible date of adoption: August 16, 1991

For further information, please call: (512) 463-6949

   
   


Subchapter B. Basic Rules


16 TAC sec.9.33


The Railroad Commission of Texas proposes an amendment to
sec.9.33, concerning certification of testing laboratories
for testing containers when a manufacturer's data report is unavailable.
The commission proposes the revision in order to bring the section
into compliance with the requirements of House Bill 2505 and
the Texas Natural Resources Code, Chapter 113. The section has
been amended to cover testing laboratories licensed with the
commission.

Thomas D. Petru, director of the Liquefied Petroleum Gas Division,
has determined that for the first five-year period the proposed
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. Petru 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 an increase in public
safety due to greater regulatory control over testing laboratories.
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 Thomas D. Petru,
Director, Liquefied Petroleum Gas Division, Railroad Commission
of Texas, P.O. Box 12967, Austin, Texas 78711-2967. Comments
will be accepted for 30 days after publication in the Texas
Register.

The amendment is proposed under the Texas Natural Resources
Code, sec.113.051, which authorizes the Railroad Commission
of Texas to promulgate rules and standards related to the liquefied
petroleum gas industry and its operations, which will protect
the health, safety, and welfare of the general public.



sec.9.33. Authorized Containers.


(a) (No change.)


(b) Manufacturer's data report and plans and specifications.


(1)-(2) (No change.)


(3) Exceptions.


(A) (No change.)


(B) Certification by testing laboratory.


(i)(et) Manufacturer's data report unavailable. Where
the manufacturer's data report is unavailable or does not meet
the requirements of paragraph (1) of this subsection, a [recognized]
testing laboratory <nl>licensed by or
<ol> registered with the
Railroad Commission of Texas
shall test the affected
container or vessel and,
prior to its use in
the transport or storage
of LP-gas in the State
of Texas (other than
that which may be incidental
to such testing), the
laboratory shall submit its
certification to the Railroad
Commission that the container
or vessel is safe for
LP-gas service.


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 July 8, 1991.

TRD-9108175

Martha V. Swanger

Hearings Examiner

Railroad Commission of Texas

Earliest possible date of adoption: August 16, 1991

For further information, please call: (512) 463-6949

   
   


Subchapter P. Division XIV


16 TAC sec.9.501


The amendment is proposed under the Texas Natural Resources
Code, sec.113. 051, which authorizes the Railroad Commission
of Texas to promulgate rules and standards related to the liquefied
petroleum gas industry and its operations, which will protect
the health, safety, and welfare of the general public.



sec.9.501. Testing Requirements.


(a) Each cargo container unit required to be registered
with <nl>the<ol> [this] division
must be tested at least
once every five years
and each test prescribed
in this section must
be conducted [in accordance
with the applicable provision(s)
of the ASME Code and]
in accordance with the
<nl>division approved manual
of the Category A, B,
or O licensee or the
registered testing laboratory performing
the test<ol> [quality
procedures documentation approved
by the division]. <nl>No
<ol> [Any] cargo container
<nl>unit that<ol> [which]
has been out of LP-gas
service for a period
of one year or more
shall [not] be returned
to LP-gas service until
it has <nl>been shown
to meet<ol> [fulfilled]
the testing requirements 
<nl>of<ol> [in] this section
([which shall] <nl>including
<ol> [include] any test
the division director [may]
reasonably <nl>requires<ol>
[require]). <nl>Documentation<ol>
[Such documentation] <nl>of
the required testing<ol>
must be filed by 
<nl>the Category A, B,
or O licensee<ol> [either
an ASME Code fabricator
licensed by the division]
or by <nl>the<ol>
[a] testing laboratory registered
with the division. Upon
completion of any test
[or repairs] required under
this section, the results
of <nl>the<ol> [any
such] test [or repair]
must clearly indicate whether
<nl>the cargo container
<ol> [such] unit is safe
for LP-gas service and
must be submitted by
the <nl>licensee<ol> [licensed
fabricator] or registered testing
laboratory that tested [or
repaired] the affected cargo
container unit on a LPG
Form 8 (Manufacturer's Report
of Pressure Vessel Repair,
Modification, and Testing) 
<nl>. This form<ol> [and]
must be received <nl>by
<ol> [at] the division
within 30 days of the
[date of repair or the]
due date of the test(s)
required under this section.
If evidence of any unsafe
condition is discovered as
a result of any of
the tests performed under
this section, the cargo
container unit must be
immediately removed from LP-gas
service until an official
communication is received from
the division, which will
include written notice that
authorizes returning such unit
to LP-gas service.


(b) (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 July 8, 1991.

TRD-9108174

Martha Swanger

Hearings Examiner, Legal Division, General Law

Railroad Commission of Texas

Earliest possible date of adoption: August 16, 1991

For further information, please call: (512) 463-6949

   
   


TITLE 28. INSURANCE

Part II. Texas Workers' Compensation Commission

Chapter 42. Medical Benefits


Subchapter B. Medical Cost Evaluation


28 TAC sec.42.105


The Texas Workers' Compensation Commission proposes an amendment
to sec.42. 105, concerning medical fee guideline. The purpose
of the amendment is to change the commission's address, and to
make clear that the guideline used to pay for medical services
and durable medical equipment provided to persons who were injured
prior to January 1, 1991, shall be the same as that adopted by
the commissioners of the Texas Workers' Compensation Commission,
under 28 TAC sec.134. 200.

The amendment changes the address of the commission from the
old Riverside Drive location to the current Southfield Building
location. It makes clear that copies of the guideline must be
purchased from the Reprographics Department of the commission.
Further, to avoid confusion, it makes clear that the incorporated
guideline in this section is to be the same as that adopted by
the commissioners of the commission, so that the same guideline
will be used for all services rendered to injured workers regardless
of the date of injury. The guideline incorporated herein shall
be used to calculate payment for services and durable medical
equipment provided on and after August 1, 1991.

R. Glenn Looney, manager of planning and analysis, 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. There
is no anticipated impact on employment, locally or statewide,
as a result of implementing the proposed amendment to the section.

Mr. Looney 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 implementation
of medical cost containment measures provided by the Workers'
Compensation Act, using the same guideline as that implemented
by the commissioners for "new law" medical services payment processing.
There will be no effect on small businesses. The anticipated
economic cost to persons who are required to comply with the
amended section as proposed will include the cost of the new
guideline, dependent upon the cost of printing the final published
version. Also, there will be undeterminable costs to participating
health care providers to update their billing systems to include
new codes and amounts. There may be an increase or decrease in
costs to carriers in the revision of systems to accomodate the
fee guideline, as well as possible decreases in revenues to health
care providers as a result of the revision of fees although most
of these costs will have been incurred in adapting to the guideline
adopted by the commission under 28 TAC sec.134.200. There may
be a decrease to employers in the cost of providing medical benefits
to injured workers as a result of the implementation of the fee
schedule incorporated in sec.134.200 and this section.

Comments on the proposed amendment may be submitted to Susan
M. Kelley, General Counsel, Texas Workers' Compensation Commission,
The Southfield Building, 4000 South I-H 35, Austin, Texas 78704.
Comments will be accepted for 30 days after publication of this
proposal in the Texas Register.

The amendment is proposed under Texas Civil Statutes, Article
8306, sec.7(b) (1990), which specifically authorize the board
to adopt rules to implement medical cost containment; Article
8308-17.12(b), which authorize 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
the new Texas Workers' Compensation Act (which delegation was
made by the commission on April 1, 1990); 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; and Article 8307, sec.4(a)(1990),
which authorize the board to make rules to carry out and enforce
the Workers' Compensation Act.



sec.42.105. Medical Fee
Guideline.


(a) (No change.)


(b) The commission will publish and adopt by reference
herein a relative value scale used in conjunction with the 1990
CPT (Physicians' Current Procedural Terminology) as part of the
Medical Fee Guideline for
Services Rendered Under the
Texas Workers' Compensation Act.
<ol> This guideline is
published as the 1991
Texas Workers' Compensation Commission
Medical Fee Guideline<ol>
which is incorporated herein
by reference. <nl>This
shall be the same guideline
adopted by the Texas
Workers' Compensation Commission
and incorporated into sec.134.200
of this title (relating
to Medical Fee Guideline).
as it exists on the
effective date of this
section. and as it may
be amended thereafter by
the commissioners.<ol> The
guideline may be obtained
from the<nl> Reprographics
Department<ol> [Division of
Medical Review], Texas Workers'
Compensation Commission, <nl>The
Southfield Building, 4000 South
I-H 35, [200 East Riverside
Drive] Austin, Texas 78704
[-1287].


(c) (No change.)


(d) The guidelines established herein shall be used for
services rendered, and durable medical equipment prescribed,
on and after <nl>August 1, 1991
[February 1, 1991].


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 July 8, 1991.

TRD-9108078

George E. Chapman

Executive Director

Texas Workers' Compensation Commission

Earliest possible date of adoption: August 16, 1991

For further information, please call: (512) 448-7962.

   
   


TITLE 34. PUBLIC FINANCE

Part I. Comptroller of Public Accounts

Chapter 3. Tax Administration


Subchapter O. State Sales and Use Tax


34 TAC sec.3.287


The Comptroller of Public Accounts proposes an amendment to
sec.3.287, concerning exemption certificates. The amendment
provides information to retailers regarding the time period for
obtaining exemption certificates prior to an audit. The amendment
also provides information to persons purchasing tangible personal
property for the Federal Deposit Insurance Corporation and the
Resolution Trust Corporation.

Tom Plaut, chief revenue estimator, 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.

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. This section is adopted
under the Tax Code, Title 2, and does not require a statement
of fiscal implications for 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 Lucy Glover,
Manager, Tax Administration Division, P.O. Box 13528, Austin,
Texas 78711.

This 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.3.287. Exemption Certificates.


(a)-(c) (No change.)


(1)-(2) (No change.)


(3) A person who issues an exemption certificate when
purchasing a taxable item who knows at the time of purchase the
item will be used in a manner other than that expressed in the
certificate is guilty of a <nl>criminal offense
<ol> [misdemeanor and upon
conviction shall be fined
not more than $500 for
each conviction].


(4) The seller should obtain the properly executed exemption
certificate at the time the <nl>taxable<ol>
transaction occurs. <nl>All
certificates obtained on or
after the date the comptroller's
auditor actually begins work
on the audit at the
seller's place of business
or on the seller's records
after the entrance conference
are subject to verification.
All incomplete certificates will
be disallowed regardless of
when they were obtained.
The<ol> [Any certificates
obtained after the transaction
will be subject to verification
by the comptroller. If
the certificates are not
obtained at the transaction
date, the] seller has
60 days from the date
written notice is <nl>received
by<ol> [given by the
comptroller to] the seller
<nl>from the comptroller
<ol> in which to deliver
<nl>the certificates<ol>
[them] to the comptroller.
<nl>Written notice shall
be given by the comptroller
upon the filing of a
petition for redetermination or
claim for refund. For
the purposes of this
section, written notice given
by mail is presumed to
have been received by
the seller within three
business days from the
date of deposit in the
custody of the United
States Postal Service. The
seller may overcome the
presumption by submitting proof
from the United States
Postal Service or by
other competent evidence showing
a later delivery date.
Any certificates delivered to
the comptroller<ol> during
the 60-day period will
be subject to independent
verification <nl>by the
comptroller<ol> before any
deductions will be allowed.
Certificates delivered after the
60-day <nl>period<ol> [limit]
will not be <nl>accepted
<ol> [allowed] and the
deduction will not be
granted.


(5)-(6) (No change.)


(e)-(f) (No change.)


<nl>(g) Purchases of taxable
items by agents of the
Federal Deposit Insurance Corporation
(FDIC) or the Resolution
Trust Corporation (RTC). The
FDIC/RTC may purchase items
tax free for use in
operating a property or
business to which they
have title. An exemption
certificate may be issued
by either the FDIC/RTC
or by persons acting
as agents for the FDIC/RTC
when purchasing items that
are incorporated into or
used on the property
or business being managed.
The certificate must state
that the purchases are
being made by or for
the FDIC/RTC. The FDIC/RTC
or persons managing property
or a business for these
corporations may issue an
exemption certificate when:


<nl>(1) the FDIC/RTC provides
documentation to the person
managing the property or
business showing that title
to the property or business
being managed was transferred
to the FDIC/RTC; and


<nl>(2) the FDIC/RTC has
entered into a written
agreement with the person
managing the property or
business that designates that
person as its agent and
authorizes that person to
make purchases on its
behalf. The agreement must
be in the person's files
for review by the comptroller.
It is not necessary to
provide a copy of the
agreement to suppliers.


<nl>(h)<ol>[(g)] Form of
an exemption certificate. An
exemption certificate must be
in substantially the form
set out as follows.


[graphic]


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 July 8, 1991.

TRD-9108088

Martin Cherry

Chief, General Law Section

Comptroller of Public Accounts

Earliest possible date of adoption: August 16, 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 28. INSURANCE

Part II. Texas Workers' Compensation Commission

Chapter 180. Compliance and Practices-Administrative Violations
and Penalties


28 TAC sec.180.2


The Texas Workers' Compensation Commission has withdrawn from
consideration for permanent adoption a proposed new sec.180.2
which appeared in the April 23, 1991, issue of the Texas
Register (16 TexReg 2276). The effective date of this
withdrawal is July 8, 1991.


Issued in Austin, Texas, on July 8, 1991.

TRD-9108093

Patricia Schnautz

Staff Services Assistant

Texas Workers' Compensation Commission

Effective date: July 8, 1991

For further information, please call: (512) 440-3972

   
   

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 28. INSURANCE

Part I. State Board of Insurance

Chapter 5. Property and Casualty Insurance


Subchapter G. Worker's Compensation Insurance


Workers' Compensation Insurance Rate Deviation Filing Rules


28 TAC sec.sec.5.6171-5.6183


The State Board of Insurance adopts new sec.sec.5.6171-5.6183,
without changes to the proposed text as published in the January
8, 1991, issue of the Texas Register
 (16 TexReg 86).

Sections 5.6171-5.6183 concern the filing of applications
for downward rate deviations (rates less than those promulgated
by the State Board of Insurance) applicable to workers' compensation
insurance and/or employers' liability insurance by any insurer
writing these coverages in the State of Texas. The new sections
are necessary to prescribe requirements for submission of applications
to the State Board of Insurance for deviations as established
by the Insurance Code, Article 5.60(h), effective January 1,
1991.

New sec.5.6171 sets forth the scope of sec.sec.5.6172-5.6183.
Section 5.6172 requires that companies applying to use a deviated
rate must submit Texas Workers' Compensation Deviation Application
Form WCD-100, which must be accompanied by balance sheets, income
statements, and change in surplus for prescribed periods. New
sec.5.6173 requires that deviation applications shall be filed
under oath. Section 5.6174 sets forth requirements concerning
classification, coverage, and percentage of deviations. New 
s5.6175 requires that deviations must be uniform by class and
must apply statewide, unless otherwise approved by the board.
Section 5.6176 prescribes that statistical and financial information
included on a deviation application shall be taken from the applicant's
most currently filed Texas Annual Statement and Insurance Expense
Exhibit. New sec.5.6177 requires that an applicant submit specific
underwriting information. New sec.5.6178 describes statistical
reporting requirements in connection with approval of a deviation.
Section 5.6179 requires that a deviation application be accompanied
by a cover letter in which the proposed deviation is justified.
Section 5.6180 and sec.5.6181 describe termination and renewal
of deviations. New sec.5.6182 sets forth procedures for approval,
revocation, or suspension of deviations. New sec.5.6183 describes
the manner in which approved deviations will apply to the promulgated
manual rate.

No comments were received regarding adoption of the new sections.

The new sections are adopted under the Insurance Code, Article
1.04, which provides the State Board of Insurance with the authority
to adopt rules in accordance with the laws of this state, and
under the Insurance Code, Article 5. 60(h), which provides the
board with the authority to promulgate rules specifying the forms
and requirements for an application for deviation.


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 July 5, 1991.

TRD-9108114

Nicholas Murphy

Chief Clerk

State Board of Insurance

Effective date: July 29, 1991

Proposal publication date: January 8, 1991

For further information, please call: (512) 463-6327

   
   

Part II. Texas Workers' Compensation Commission

Chapter 102. General Provisions-Practices and Procedures


28 TAC sec.102.5


The Texas Workers' Compensation Commission adopts new sec.102.5,
concerning the mailing and delivery of notices and written communications
that go to, or come from, the Texas Workers' Compensation Commission
and adopt uniform guidelines about the addresses and persons
to whom communications should be directed, with changes to the
proposed text as published in the April 16, 1991, issue of the
Texas Register (16
TexReg 2183).

The new section requires mailing of documents to a claimant
or claimant's representative to the last address supplied by
that claimant or representative. The section further provides
for filing of documents with a carrier to the attention of that
carrier's Austin representative, unless another rule provides
for something different. Notices to employers who have workers'
compensation coverage must be mailed to the address reported
by that employer or to an address identified by the commission
in the absence of such reporting; for employers who do not have
coverage, the address used will be derived in the same way as
for covered employers. Notices to health care providers and vocational
rehabilitation services providers are mailed to the last address
those persons provide to the commission. The section further
provides that communications to the commission should be directed
to the field office managing a claim, unless another rule provides
for filing in a different location. Finally, the section contains
a presumption for "deeming" a date of receipt by a party of communications
mailed from the commission, for those documents calling for a
response by a specific date; the date of receipt is deemed to
be five days after the date of mailing.

No comments either in favor of or opposed to the proposed
section were adopted. However, the commission has deleted references
made in the proposed section to TWCC Forms 20 and 5, because
the reporting of coverage information after September 1, 1991,
will be to the State Board of Insurance, in accordance with the
Texas Workers' Compensation Act, Article 8308-3.27. The commission
has also added to "claimant" under subsection (a) of the adopted
section.

The new section is adopted under Texas Civil Statutes, Article
8308, sec.2. 09(a), which authorize the commission to adopt
rules necessary to implement and enforce the Texas Workers' Compensation
Act, Article 8303-1.01 et seq.



sec.102.5. General Rules
for Written Communications to
and From the Commission.


(a) All notices and written communications to the claimant
or claimant's representative will be mailed to the last address
supplied by that claimant or representative.


(b) Unless otherwise specified by rule, all notices and
communications to insurance carriers will be sent to the carrier's
Austin representative as provided by sec.156.1 of this title
(relating to Carrier's Austin Representative).


(c) All notices and written communications to covered
employers will be mailed to the address reported by the employer
or to an address identified by the commission absent an employer
reported-address.


(d) All notices and written communications to non-covered
employers will be mailed to the mailing address reported by the
employer or to an address identified by the commission absent
an employer-reported address.


(e) All notices and written communications to health
care providers will be mailed to the last address supplied by
the health care provider.


(f) All notices and written communications to vocational
rehabilitation service providers shall be mailed to the last
address supplied by the vocational service provider.


(g) Unless otherwise specified by rule, forms, notices,
and other written communications required to be filed with the
commission shall be directed to the local commission field office
managing the claim.


(h) For purposes of determining the date of receipt for
those notices and other written communications which require
action by a date specific after receipt, the commission shall
deem the received date to be five days after the date mailed.


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 July 8, 1991.

TRD-9108080

Susan M. Kelley

General Counsel

Texas Workers' Compensation Commission

Effective date: July 29, 1991

Proposal publication date: April 16, 1991

For further information, please call: (512) 440-3973

   
   

Chapter 180. Compliance and Practices-Administrative Violations
and Penalties


28 TAC sec.180.1, sec.180.3


The Texas Workers' Compensation Commission adopts new sec.180.1
and sec.180.3, concerning implementation by the commission
of procedures to carry out compliance actions that are set forth
in the Texas Workers' Compensation Act (the Act), Article 8308,
sec.9.01 et seq and sec.10.02 et seq, with changes to the
proposed text as published in the April 23, 1991, issue for the
Texas Register (16
TexReg 2276).

The sections are needed to inform the public of procedures
that will be used to monitor compliance with the Act. Proposed
sec.180.2 is being withdrawn by the commission.

New sec.180.1 lists definitions of certain phrases that
are used in the Act and rules; those definitions are charged
person and patterns of conduct (which is synonymous, in the proposed
section, with the terms "business practice" and "matter of practice.")

New sec.180.3 describes how the commission's division of
compliance and practices will audit insurance carriers for compliance
with the Act. The section makes clear that carrier's agents and
those who are under contract to the carrier to perform services
can be audited. The review is held at the office of the company
who is audited. Compliance division will work with the division
of medical review for audit of medical issues. The section describes
the reasonable notice that the compliance division must give
a company before it audits performance. The section requires
the carrier to designate a contact at each claims handling location,
to work with the commission in order to provide three elements
of information to its reviewer: access to records; response to
inquires; and information about the carrier's claims handling
and records procedures. The section further provides that written
results of the review will be given to the carrier within 10
days after the review is finished. The carrier may file a response
that includes how it proposes to correct any deficiencies. Copies
of both the report and the response shall be provided by the
compliance division to the State Board of Insurance. The section
notes that the division will bill the carrier for the review,
unless that carrier is a governmental entity. The carrier must
mail or deliver payment for expenses by a check, within 40 days
after the review has been completed.

Concerning proposed sec.180.1, one commenter noted that
the proposed definition of participant did not include employers
and left some confusion about whether claimants (as opposed to
just persons actually receiving benefits) would be included.
The commission agreed with the comment; however, it has been
determined to omit this definition from the section because it
no longer appears in the rules, as adopted by the commission,
and does not appear in the Act, so there is no need at this time
for defining this term.

The Alliance of American Insurers commented against the section
as proposed. No comments specifically in favor of the proposed
section were received.

Concerning proposed sec.180.3, one commenter recommended
deletion of the word "payment" in subsection (c) of the proposed
section, as it appeared to restrict coordination on medical issues
only to payment disputes. The commission agrees that medical
compliance issues can and will involve issues beyond payment,
and has deleted the word "payment" from this subsection.

The Alliance of American Insurers commented against the section
as proposed. No comments specifically in favor of the proposed
section were received.

The sections are adopted under Texas Civil Statutes, Article
8308, sec.2.09(a), which authorizes the commission to adopt
rules necessary to implement and enforce the Texas Workers' Compensation
Act.



sec.180.1. Definitions.
The following words and
terms, when used in this
chapter, shall have the
following meanings, unless the
context clearly indicates otherwise.
Other terms such as "willful,"
"intentional," and "knowingly"
shall have the meanings
defined by the Texas
Penal Code.


   Charged person
-The person who is charged
with an administrative violation
or wrongful act. As used
in these rules, charged
person includes people initially
charged and those found
guilty of administrative violations.


   Patterns of
conduct-The acts or omissions
of a participant in the
workers' compensation system which
are repeated. This term
is synonymous with the
terms "business practice" and
"matter of practice."



sec.180.3. Performance Review
of Insurance Carriers.


(a) The division of compliance and practices (the division)
shall review and audit the records of insurance carriers, as
that term is defined by the Texas Workers' Compensation Act (the
Act), sec.1.03(28), the carrier's agents, and those with whom
the carrier has contracted to provide, review, or monitor services
under the Act, for compliance with the Act and rules of the commission.


(b) The division shall conduct such performance review
at the offices of the insurance carrier, the carrier's agents,
or those with whom the carrier has contracted to provide, review
or monitor services under the Act.


(c) The division shall coordinate its reviews with the
division of medical review for medical compliance issues.


(d) The division shall provide reasonable notice in advance
of any performance review. That notice shall:


(1) be in writing;


(2) be sent at least 10 calendar days before the review
is to be performed;


(3) specify the information that must be made available;


(4) list the names and phone numbers of commission staff
involved in the review; and


(5) specify the date, time, location, and conditions
of the review.


(e) The insurance carrier shall designate a contact person
at each claim handling location to coordinate the review. That
contact person shall:


(1) provide reasonable access to requested personnel
and information;


(2) respond to reasonable needs of reviewers on-site
or to telephone inquiries by reviewers; and


(3) be familiar with the insurance carrier's claim handling
procedures and record keeping systems.


(f) The insurance carrier, upon request, shall make available
for review claim files as specified by the division.


(g) Written findings of the review will be provided to
the insurance carrier at the time of the review or within 10
days after the review is completed.


(h) The insurance carrier may prepare and file with the
division of compliance and practices a management response to
the performance review findings. The response may include proposed
corrective actions.


(i) The division shall provide the State Board of Insurance
with a copy of all performance review findings and the insurance
carrier's response, if any.


(j) Except to a governmental entity, the commission shall
submit a bill to the insurance carrier for the actual expenses
associated with the review within 10 days after the review is
completed.


(k) The insurance carrier shall submit payment by check,
made payable to the order of the commission, for the expenses
within 40 days after the review is completed. Payment may be
delivered in person or by mail to the commission in Austin.


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 July 8, 1991.

TRD-9108138

Susan M. Kelley

General Counsel

Texas Workers' Compensation Commission

Effective date: July 29, 1991

Proposal publication date: April 23, 1991

For further information, please call: (512) 440-3972

   
   


28 TAC sec.sec.180.4-180.8


The Texas Workers' Compensation Commission adopts new sec.
s180.4-180.8, concerning review of employer compliance with
the Texas Workers' Compensation Act (the Act), Texas Civil Statutes,
Article 8308-1.01 et seq; access to compensation-related records;
evidence of patterns of conduct for purposes of assessing administrative
penalties; the date administrative violations are considered
to occur; and contents and procedures for notices of administrative
violation and penalty, with changes to the proposed text as published
in the April 30, 1991, issue of the Texas Register
 (16 TexReg 2418).

The sections clarify the procedures used by the compliance
and practices division and describe how administrative violations
are assessed.

New sec.180.4 sets out the procedures for a review of an
employer's records by the compliance and practices division of
the commission. The section provides that the commission may
conduct a review of the employer's records and procedures if
written allegations of noncompliance are received or if findings
are developed through internal monitoring or insurance carrier
audits, by the commission. The review may be conducted at the
employer's offices, after prior written notice mailed 14 calendar
days before the review; the notice shall specify the date and
time of the review and identify commission staff involved. The
section requires the employer to identify a knowledgeable contact
to assist the commission reviewer in getting information. The
section requires the commission to provide written findings to
the employer within 10 days after the review; the employer may
file a response which shall identify corrective actions to be
taken.

New sec.180.5 requires a person subject to monitoring by
the commission to provide records that are requested, and identified,
by the commission. The records must be produced by the specific
date stated in the request.

New sec.180.6 defines the occurrences of wrongful acts that
will indicate a "pattern of conduct" of noncompliance for purposes
of assessing administrative penalties under the Act. According
to the section, a pattern of conduct can be established in any
of three ways: by the first conviction in court for a criminal
offense that constitutes a violation of the Act or commission's
rules; by at least three administrative violations of the same
provision of the Act; or by prohibited action following a written
warning from the commission.

New sec.180.7 states that an administrative action is deemed
to have occurred on the date when: a noncompliant action is taken;
or no action is taken by the date required by the Act or commission
rule.

New sec.180.8 sets out the contents of a notice of administrative
violation that will be issued by the commission when it finds
noncompliance with the Act. The notice of violation and penalty
is required by the Act, sec.10.32. The section states that
the notice will be issued by the division of compliance and practices,
and sent to the charged person. The notice will briefly state
the facts that constitute a violation, describe the sanction,
and/or amount of penalty assessed, cite the law on which the
violation and penalty are based, and briefly state the rights
Texas Workers' Compensation Commission and duties of the charged
person relating to responding to the charge or requesting a hearing.
The notice will also include information required in hearings
rules under Chapter 145, if any. The section gives the charged
person no longer than 20 days to file a written answer to the
charge; the answer must either agree with the sanction and pay
the fine, or request a hearing, according to sec.145.3 of this
title (relating to Requesting a Hearing). The section provides
that failure to respond to the notice within 20 days, absent
good cause, is deemed a consent to the penalty. Finally, the
section allows the compliance and practices division to postpone
civil penalty action until any possible prosecution of a criminal
offense is completed.

Concerning sec.180.4, one commenter proposed language to
add at the end of subsection (a) of the section, to establish
a threshold which would trigger the on-site audit of employer
records; the commenter suggested that the trigger be a finding
of a pattern of conduct in violation of the rules. The commission
agrees that a trigger should be established, but has broadened
the suggestion offered by the commenter, to include written complaints
of non- compliance and internal findings of the commission developed
through internal monitoring or insurance carrier audits. This
is added as the last sentence to subsection (a) of the section.

The same commenter also noted, as a comment to proposed 
s180.5, that seven days' notice of an on-site audit would be
unduly disruptive to the employer, and suggested changing the
notice date set forth in sec.180.4(c)(2) to 30 days. The commission
agrees with adding more time, however, it disagrees with the
30 days suggested by the commenter as too long. The commission
has changed the advance notice requirement to 14 days.

The Texas Association of Business commented against the proposed
section. No comments specifically in favor of the proposed section
were received.

Concerning sec.180.5, one commenter, in response to the
penalty provision set forth in subsection (c) of the proposed
section, noted that seven days' advance notice was insufficient
time for an employer to fully comply. The commission agrees with
giving more time, and has made this change in adopted sec.180.4(c)(2),
as noted previously. The commission has reevaluated the legal
authority for creating a penalty in sec.180.5(c), and has determined
that it will delete the proposed Class D designation in this
subsection (c) of this section.

The Texas Association of Business commented against the proposed
section. No comments specifically in favor of the proposed section
were received.

Concerning sec.180.6, one commenter suggested that subsection
(1) of the proposed section be expanded to include criminal acts
that constituted a violation of provisions of the Act or rules;
not all penal violations for which one can be prosecuted are
established under this Act. The commission agrees and has changed
subsection (l) to delete "established by this Act" and substitute
the language appearing after the words "criminal act." Another
commenter suggested that the evidence of a pattern of conduct
be changed so that a violation rate in excess of a certain established
percentage of all required acts of the same type be the threshold.
The commenter stated that this would require an enumeration of
the actions to which different standards would apply, depending
upon degree of seriousness. Another commenter also called for
consideration of the seriousness of the violation as an element
in establishing the finding of a pattern of conduct. The commission
disagrees with amending the rule to do this, noting that identification
of a pattern of conduct is a different issue from establishing
the appropriate penalty. The seriousness of the violation should
be reflected in the penalty assessed, not in the determination
of whether a pattern of conduct of non-compliance has occurred.
The suggested method would require much more data collection
than is warranted under the Act.

The Texas Association of Business and Alliance of American
Insurers commented against the proposed section. No comments
specifically in favor of the proposed section were received.

Concerning sec.180.7, the commission has deleted paragraphs
(3) and (4) of the proposed section, in order to remove the "deeming"
by the compliance and practices division of violations as part
of the finding of non-compliant patterns of conduct.

No comments in favor of or opposed to proposed sec.180.7
were received.

Concerning sec.180.8, two commenters suggested that the
failure to respond to the notice of violation within 20 days
should be considered as consent to the penalty or sanction. The
commission agrees, and has added this as subsection (d) of the
adopted section, relettering proposed subsection (d) to (e).
Two commenters noted that the proposed provision for payment
by cashier's check or money order only was unduly burdensome
to insurance carriers and employers. The commission agrees, and
has deleted this requirement from subsection (c) of the section,
noting that the issue can be looked at again if problems with
payment occur in the future. Another commenter stated that there
should be an option for extension of the 20-day deadline for
extenuating circumstances. The commission disagrees; the 20 days'
time period for requesting a hearing is statutory; the request
for hearing itself would extend payment. The issue of extenuating
circumstances falls under the Act, sec.10.34. On its own motion,
the commission deleted the requirement in proposed subsection
(a)(2), that the notice be issued on a form approved by the commission.

The Alliance of American Insurers, Texas Association of Business,
American Insurance Association, and Southwestern Bell Telephone
commented against the proposed section. No comments specifically
in favor of the proposed section were received.

The new sections are adopted under Texas Civil Statutes, Article
8308, sec.2. 09(a), which authorize the commission to adopt
rules necessary to implement and enforce the Texas Workers' Compensation
Act.



sec.180.4. Review of
Employer Compliance.


(a) A review of the employer's compliance with the Texas
Workers' Compensation Act (Act) and rules of the commission may
be performed by the division of compliance and practices. The
commission may conduct a review of the employer's records and
procedures to determine compliance with the Act and these rules,
if written allegations of noncompliance are developed through
internal monitoring or insurance carrier auditing.


(b) The division may conduct such review at the offices
of the employer.


(c) The division shall provide notice in advance of any
review at the offices of the employer. That notice shall:


(1) be in writing;


(2) be mailed at least fourteen calendar days before
the review is to be performed;


(3) specify the information that must be made available;


(4) list the names and phone numbers of commission staff
involved in the review; and


(5) specify the date, time, location, and conditions
of the review.


(d) The employer shall designate a contact person to
coordinate the review. That contact person shall:


(1)  provide reasonable access to requested information;


(2) respond to reasonable needs of reviewers on-site
or to telephone inquiries by reviewers; and


(3) be familiar with the record keeping system and procedures
regarding claims related information.


(e) Written findings of the review will be provided to
the employer at the time of the review or within 10 days after
the review is completed.


(f) The employer may prepare and file with the division
of compliance and practices a management response to the review
findings identifying any proposed corrective actions.



sec.180.5. Access to
Workers' Compensation Related Records.


(a)  Upon written request from the commission, any person
subject to monitoring or review by the commission shall provide
access to all records and information held by that person related
to issues being reviewed or investigated.


(b)  The request will identify the information or documents
to be produced, and will provide a specific, reasonable date
to produce the information.



sec.180.6. Evidence of
Patterns of Conduct.
For purposes of enforcement
of the portions of the
Texas Workers' Compensation Act
(Act) pertaining to wrongful
acts, administrative violations,
and penalties, the following
guidelines apply.


(1) A pattern of conduct is established upon the first
conviction by a court for a criminal act that constitutes a violation
of the Act or the rules of the commission.


(2) A pattern of conduct may be established by at least
three administrative violations of the same provision of the
Act or commission rule.


(3) A pattern of conduct is established by a person continuing
to engage in acts after the commission has issued a written warning
of the prohibited nature and consequences of the act.



sec.180.7. Date Administrative
Violation; Deemed to Have
Occurred.  Administrative
violations are deemed to
have occurred:


(1) on the date a noncompliant action is taken; or


(2) on the date required by the Texas Workers' Compensation
Act (Act) or rule, when no action is taken by the close of business
on that date.



sec.180.8. Notice of
Administrative Violation and Penalty.


(a) A notice of administrative violation, and penalty,
if any, shall be:


(1) issued by the division of compliance and practices;
and


(2)  sent to the charged person as provided by sec.102.4
and sec.102.5 of this title (relating to Filing Documents with
Claimant's Representative; General Rules for Written Communications
to and from the Commission).


(b) The notice will provide the charged person with:


(1) a brief statement of facts constituting the violation;


(2) the statutory authority under which the violation
has occurred and the statutory authority for assessing the sanction;


(3) a description of the sanction, including the amount
of the penalty, if any;


(4) any other information required by rules under Chapter
145 of this title (relating to Dispute Resolutions-Hearings Under
the Administrative Procedure and Texas Register Act); and


(5) information of the rights, obligations, and procedures
for the charged person to file a written answer or request a
hearing.


(c) The charged person must file a written answer not
later than the 20th day after the date the notice is received.
The answer must either consent to the proposed sanction, and
remit the amount of the penalty, if any, or request a hearing
as provided by sec.145.3 of this title (relating to Requesting
a Hearing).


(d) Failure to respond in 20 days, absent good cause,
is deemed consent to the penalty.


(e) In an investigation where both an administrative
violation and a criminal prosecution are possible, the division
may postpone action on the administrative violation until the
criminal prosecution is completed.


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 July 8, 1991.

TRD-9108084

Susan M. Kelley

General Counsel

Texas Workers' Compensation Commission

Effective date: July 29, 1991

Proposal publication date: April 30, 1991

For further information, please call: (512) 440-3973

   
   


TITLE 34. PUBLIC FINANCE

Part III. Teacher Retirement System of Texas

Chapter 29. Benefits


Service Retirement


34 TAC sec.29.11


The Teacher Retirement System of Texas (TRS) adopts an amendment
to sec.29. 11, without changes to the proposed text as published
in the May 7, 1991, issue of the Texas Register
 (16 TexReg 2519).

The changes in the section are adopted to reflect new actuarial
tables adopted by reference and used for early age retirements
and retirement options.

The amendment will allow TRS to use actuarial tables that
more accurately reflect the mortality, service, and compensation
of the system's members and beneficiaries. There will be a slight
improvement in the annuity amount available to most retiring
members and their beneficiaries using the new tables.

No comments were received regarding adoption of the amendment.

The amendment is adopted under the Texas Government Code,
sec.824.102, which provides the Board of Trustees of the Teacher
Retirement System with the authority to adopt rules for membership
eligibility, the administration of the funds of the retirement
system, and the transaction of its business; sec.825.105, which
authorizes the board to adopt actuarial tables for benefit calculations;
and sec.824.202(d) and (e), which authorize the board to adopt
tables for early age retirement reduction factors.


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 July 8, 1991.

TRD-9108158

Ronald Douglas

Acting Executive Secretary

Teacher Retirement System of Texas

Effective date: September 1, 1991

Proposal publication date: May 7, 1991

For further information, please call: (512) 370-0524

   
   


TITLE 40. SOCIAL SERVICES AND ASSISTANCE

Part I. Texas Department of Human Services

Chapter 29. Purchased Health Services


Subchapter G. Hospital Services


40 TAC sec.29.603, sec.29.
606


The Texas Department of Human Services (DHS) adopts amendments
to sec.sec.29. 603, 29.606, and 29.1112, concerning authorized
inpatient hospital services, reimbursement methodology for inpatient
hospital services, and exclusions and limitations, in its Purchased
Health Services chapter. The amendments are adopted effective
July 1, 1991, to comply with sec.4604 of the Omnibus Budget
Reconciliation Act of 1990.

Section 4604 requires state Medicaid agencies to waive durational
limits and dollar limits on inpatient hospital services provided
to recipients less than age one (including those who are admitted
to and remain in a hospital past their first birthday) in all
Title XIX participating hospitals. Section 4604 also requires
states to waive durational limits for recipients less than age
six in disproportionate share hospitals. States using prospective
payment systems must extend outlier payment adjustments for long
and/or expensive hospital stays to stays involving recipients
less than age one in all hospitals and recipients less than age
six in disproportionate share hospitals.

The justification for the amendments is to comply with federal
law.

The amendments will function by making DHS's policies consistent
with federal law.

The amendments are adopted under the Human Resources Code,
Title 2, Chapters 22 and 32, which authorizes the department
to administer public and medical assistance programs. The amendments
are adopted under federal requirements to be effective July 1,
1991.



sec.29.603. Authorized Inpatient
Hospital Services. Inpatient
hospital services include those
items and services that
are ordinarily furnished by
the hospital for the
care and treatment of
inpatients and are provided
under the direction of
a physician in a Title
XIX hospital or a Title
XVIII or XIX out-of-state
hospital approved for participation.
Except as otherwise specified,
and subject to the qualifications,
limitations, and exclusions set
forth, benefits are provided
for hospital services set
forth as follows when
provided to eligible recipients:


(1) Duration of care. Except as otherwise specified in
sec.29.1125 of this title (relating to Organ Transplants),
when an eligible recipient is confined as an inpatient in a Title
XIX hospital, or a Title XVIII or XIX out-of-state hospital approved
for participation, the health insuring agent pays for medically
necessary inpatient hospital services actually furnished to the
recipient during the first 30 days of each Title XIX spell of
illness. The Title XIX spell-of-illness limitations are waived
for medically necessary inpatient services provided to recipients
less than age one (including those recipients under age one who
are admitted to and remain in a hospital past their first birthday)
in all Title XIX participating hospitals and recipients less
than age six in disproportionate share hospitals as defined by
the department. For purposes of this waiver, disproportionate
share hospitals are defined as those hospitals identified by
the department during the previous state fiscal year as disproportionate
share hospitals. The services are subject to the utilization
review requirements of the Texas Medical Assistance Program.


(2) (No change.)



sec.29.606. Reimbursement Methodology
for Inpatient Hospital Services.


(a)-(e) (No change.)


(f) Patient transfers. If a patient is transferred, the
department or its designee establishes payment amounts as specified
in paragraphs (1)-(4) of this subsection. If appropriate, the
department or its designee manually reviews transfers for medical
necessity and appropriate payment.


(1) (No change.)


(2) If the patient is transferred to another hospital,
the department or its designee pays the receiving hospital the
total payment amount of the patient's DRG. The department or
its designee pays the transferring hospital a DRG per diem. The
DRG per diem is based on the following formula: 




 The LOS is the lesser of the DRG mean LOS, the claim LOS,
or 30 days. The 30-day factor is not used in establishing a DRG
per diem amount for a medically necessary stay of a recipient
less than age one in a Title XIX participating hospital or a
recipient less than age six in a disproportionate share hospital
as defined by the department.


(3)-(4) (No change.)


(g)-(o) (No change.)


(p)  Day and cost outliers. Effective for inpatient hospital
services provided on or after July 1, 1991, the department or
its designee pays day or cost outliers for medically necessary
inpatient services provided to recipients less than age one in
all Title XIX participating hospitals and recipients less than
age six in disproportionate share hospitals, as defined by the
department, that are reimbursed under the prospective payment
system. For purposes of outlier payment adjustments, disproportionate
share hospitals are defined as those hospitals identified by
the department during the previous state fiscal year as disproportionate
share hospitals. If an admission qualifies for both a day and
a cost outlier, only the outlier resulting in the highest payment
to the hospital is paid.


(1)-(2) (No change.)


(3) If a recipient less than age one is admitted to and
remains in a hospital past his or her first birthday, medically
necessary inpatient days and hospital charges after the child
reaches age one are included in calculating the amount of any
day or cost outlier payment.


(q) (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 July 8, 1991.

TRD-9108101

Nancy Murphy

Agency Liaison, Policy and Document Support

Texas Department of Human Services

Effective date: July 1, 1991

Proposal publication date: N/A

For further information, please call: (512) 450-3765

   
   


Subchapter L. General Administration


40 TAC sec.29. 1112


The amendments are adopted under the Human Resources Code,
Title 2, Chapters 22 and 32, which authorizes the department
to administer public and medical assistance programs. The amendments
are adopted under federal requirements to be effective July 1,
1991.



sec.29.1112. Exclusions and
Limitations.


(a) Benefits do not extend to:


(1)-(19) (No change.)


(20) any medical and remedial care, services, and supplies
provided to a hospital inpatient by practitioners, providers,
or suppliers after total hospitalization-related expenditures
under the Texas Medical Assistance Program reach $200,000 per
recipient, per 12-month benefit period, except as specified in
sec.29.1125 of this title (relating to Organ Transplants),
or except as otherwise specified by the department as directed
by the department's board. This limit does not apply to medically
necessary services provided to an inpatient less than age one
(including inpatients under age one who are admitted to an remain
in a hospital past their first birthday). This limit also does
not apply to physician (M.D. or D.O.) services as defined in
Title XIX laws and regulations and state law. For the purposes
of this limit, "12-month benefit period" means 12 consecutive
months beginning November 1 of each year and ending October 31
of the next year. The limit applies to hospitalization-related
services while the recipient is a hospital inpatient regardless
of where the services are provided; regardless of how soon, within
the 12-month period, the limit is reached; and regardless of
how many hospital stays are involved. For the purposes of this
limit, the department's agent processes and pays claims, if payable,
in order of receipt.


(21) (No change.)


(b)-(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 July 8, 1991.

TRD-9108102

Nancy Murphy

Agency liaison, Policy and Document Support

Texas Department of Human Services

Effective date: July 1, 1991

For further information, please call: (512) 450-3765

   
   

Chapter 49. Child Protective Services


Subchapter R. Cost-finding Methodology for 24-Hour Child-care
Facilities


40 TAC sec.sec.49.1801-49.1806


The Texas Department of Human Services (DHS) adopts new 
ssec.49.1801-49. 1806, concerning child protective services,
with changes to the proposed text as published in the January
11, 1991, issue of the Texas Register
(16 TexReg 166).

The new sections are justified because they help providers
better under-stand the cost-finding methodology in relation to
the DHS's review of provider cost reports. Consequently, providers
will be better able to respond to DHS's calculations and recommendations
of payment rates.

The new sections will function by establishing a uniform cost-finding
methodology for Child Protective Services' 24-hour residential
child-care program.

The department received nine written comments on the proposed
amendments during the 30-day public comment period and an additional
10 oral comments at a public hearing on January 31, 1991. The
commenters included individuals and representatives of the following
organizations: the Texas Association of Private Residential Resources
(TAPRR); the Texas Association of Children's Treatment (TACT);
the Texas Association of Licensed Children's Services (TALCS);
the Texas Association of Executives for Children; the Cost of
Care Committee of the Texas Health and Human Services Coordinating
Council (THHSCC); and various private child care providers. A
summary of the comments and the department's responses follows.

Several commenters wanted all educational costs (including
private educa-tional costs) that are not covered by the Texas
Education Agency or local school district to be included as allowable
costs.

The department will allow only those educational costs that
are not reimbursed or provided by a state agency, county agency,
the local school district, or any third-party payor. Educational
costs not reimbursed by a third-party payor will be allowable
for facilities who serve children in emergency shelters and children
who must attend an on-facility school for health, safety, and
quality-of-services reasons as determined by the Admission, Review,
and Dismissal (ARD) Committee. The department excludes from its
rate of payment all educational costs incurred by facilities
that educate children for whom no ARD determination (based on
health, safety, and quality of services reasons) has been made.

Several commenters stated that fundraising and promotional
activities are necessary for their operations. They further stated
that they must raise funds to make up the difference between
the calculated rate and the actual rate paid. These commenters
want to include fundraising and promotional activities as allowable
costs.

The department disagrees with these comments. Revenues generated
from fund-raising and promotional activities should cover any
cost incurred during these activities. The department does not
allow fundraising and promotional costs because they do not directly
relate to the provision of child care services for which the
department has contracted. The department maintains that fund-raising,
promotional, and public relations expenses are unallowable costs
and will continue to capture these costs on the cost report for
statistical purposes.

Another commenter stated that entertainment expenses should
be allowable costs because every organization has business entertainment
expenses.

The department disagrees with this comment and feels that
business enter-tainment expenses, especially those for promotional
activities, do not specifically relate to providing services
to children in 24-hour child care facilities. Entertainment expenses
reported as an employee benefit, however, are considered allowable
costs.

Other commenters stated that advertising, other than educational
pamphlets, is necessary to educate the public and state agency
staff about 24-hour child care facilities and the services that
they provide.

Again, the department disagrees with these comments. Advertising
to increase occupancy is not directly related to the provision
of child care services and is not required by the department
for placement of children who are in its conservatorship. The
department does, however, allow advertising costs to recruit
employees, and pamphlets or brochures published to meet statutory
or regulatory requirements or to inform the public about the
provider's 24-hour child care program.

Several commenters wanted all medical and dental costs that
are not covered by Medicaid to be included as allowable costs.

The department is allowing medical and dental costs that remain
after providers have first accessed all third-party payors. Third-party
payors include but are not limited to, Medicaid, early periodic
screening, diagnosis, and treatment (EPSDT) Medicaid, parents,
insurance, and county reimbursements. An expenditure that is
not considered medically necessary, but has been deter-mined
by a physician as necessary for the emotional well being of the
child, must be preapproved by department staff before the expenditure
is allowed.

Commenters stated that the value of in-kind donations should
be included in the department's rate of payment. Commenters felt
that without in-kind donations they would have to incur the cost
of purchasing or replacing the donated items.

The department changed the appropriate sections to include
only the value of in-kind donated buildings and donated transportation
equipment, including the depreciation and amortization of the
value of the donations, as allowable costs. Adequate documentation
must be provided if the value of these in-kind donations is to
be allowed.

Two commenters wanted the cost of therapeutic interventions
for children at Level II included as an allowable cost.

The department maintains that the cost of therapeutic interventions
for children at Level II is an unallowable cost. The department
will, however, reexamine this issue at a future date.

Several commenters contended that contributions to self-insurance
funds that do not represent payments on current liabilities should
be included as allowable costs.

Contributions to a self-insurance fund do not represent actual
expenditures for costs incurred. The department disagrees with
allowing costs based on expected or potential liabilities for
which an actual amount is unknown. The cost-finding methodology
does allow for the costs of insurance premiums and actual paid
claims.

One commenter requested that the department modify the method
by which a provider's occupancy level is calculated. The commenter
stated that this request was justified because facilities have
different levels of care.

A median occupancy level is chosen for each level of care
from the facili-ties that deliver care at that level of care.
However, before the department adjusts a provider's administration,
transportation, and building expenses by level of care, facilities
are placed in groups by their lowest and highest levels of care.
Facilities that fall into each group will have their adminis-tration,
transportation, and building expenses adjusted if those facilities
have an occupancy level below the median occupancy rate.

One commenter stated that allowances for bad debts should
be an allowable cost.

The department disagrees with this comment because bad debts
are a reduc-tion in revenues that could not be recovered. Bad
debts do not represent an additional cost to care for a child.
Even though the revenue may not be recovered from parents or
governmental agencies, the cost to care for a child is an allowable
cost.

One commenter stated that corporate headquarters expenses
that are not directly related to providing services or supplies
to support the normal operations and child-care services of a
24-hour child care facility should be allowed. He contended that
these expenses should be allowed because there are many corporate
functions that are indirectly related to program support.

The department disagrees with this comment. The department
has contracted for child care services and must therefore restrict
its cost determination to those activities that are associated
with and directly related to providing child care services. For
an expense to be necessary, it must meet several conditions as
specified in sec.49.1803(B) and (C). Two of those conditions
are: the cost must not be used for personal or other activities
that are not specifically related to the provision of child-care
services in a 24-hour child care facility; and the cost must
not be eliminated if its elimination adversely affects the health,
safety, or welfare of children in the facility.

Another commenter stated that discounts granted by the provider
should be allowed because discounted fees to parents and governmental
agencies aid the state in maximizing its resources.

The department disagrees with this comment; however, the department
has changed the wording of the original proposed paragraph. In
sec.49.1805(9), the word "by" now reads "to." The amended paragraph
now reads "Discounts for administrative reasons; courtesy, cash,
trade and quantity discounts; rebates; and any other discounts
granted to the provider." The cost of an item, less any discount
taken, represents the actual amount expended by the facility
on an item and is considered an allowable cost. Please note that
sec.49.1805(9) was sec.49. 1805(8) in the proposed sections.
Paragraphs are renumbered to include additional information that
resulted from public comment.

Two commenters proposed that dues and fees for membership
in organizations whose primary purposes are not specifically
related to services for which the department has contracted should
be allowed if these organizational affilia-tions are reasonable
and function-related.

The department disagrees with this comment and believes that
if dues for membership are to be allowed, the purposes of the
organization must be related to providing services to children
in 24-hour child care facilities.

A commenter stated that expenses that are not the legal obligation
of the provider should be allowed because providers frequently
assume financial responsibilities for the care of the child for
whom there is no legally responsible party.

The legal obligation referenced in sec.49.1805(12) does
not refer to the legal obligation for the care of the child but
rather the legal obligation to pay for allowable costs incurred
by the provider. No change in the rule is needed.

One commenter stated that fines and other penalties for violations
of statutes or ordinances; penalties for late payment of taxes,
utilities, mortgages, or loans; and other similar penalties should
be allowable costs because reimbursements from state and/or county
agencies may be delayed. These delays result in fines and late
fees.

The department disagrees with this comment because the department
considers interest expense for working capital loans an allowable
cost. A facility that has access to a working capital loan should
not incur any expenses for fines and penalties.

Another commenter contended that premiums for life insurance
in which the beneficiary is the provider organization should
be considered as allowable costs, unless life insurance is required
in a loan agreement related to child care. The commenter believed
that these premiums should be allowed because these policies
are frequently used in developing endowments for the organiza-tion.

The department disagrees with this comment. The development
of endowments through life insurance premiums in which the facility
is the beneficiary represents a type of fundraising. The investment
of excess funds with the expectation of future return is not
directly related to the costs of providing child care services.
As stated earlier, fundraising and promotional activities that
are not directly related to the provision of child care services
for which the department has contracted are considered as unallowable
costs. Payment of life insurance premiums is considered an allowable
cost if payment is an employee benefit and if it is made by a
facility in which the employee's relative or designee is the
beneficiary.

A commenter stated that several cost categories that are not
related to the delivery of services for which the department
has contracted should be considered as allowable costs. The commenter
included the following costs: premiums for insuring items of
unallowable cost; interest expense on loans for assets not related
to the delivery of services; rental or lease expenses on items
not related to the delivery of services; and vehicles used for
purposes other than the delivery of child care services.

The department has contracted for child care services and
must therefore restrict its cost determination to those activities
that are associated with and are directly related to providing
child care services. As stated earlier, the cost must not be
for personal or other activities that are not specifical-ly related
to the provision of child-care services in a 24-hour child care
facility. Also if eliminated, the cost must adversely affect
the health, safety, or welfare of children in the facility.

One commenter stated that fees related to the preparation
of income taxes should be an allowable cost.

The department concurs with this comment and has removed the
fees related to the preparation of income taxes as an unallowable
cost.

One commenter stated that compensation for only those staff
who provide direct services to residents omits support staff
who provide other services necessary to complement an array of
services as well as a quality care delivery system.

The department concurs with this comment and has amended 
s49.1804 to include support staff.

One commenter stated that fees and travel expenses of a corporation,
association, or board of directors should be allowable costs.

Although the work of the board of directors at any facility
is important, the services they provide do not directly relate
to the delivery of services to the children. The department maintains
that these costs are unallowable.

A commenter stated that taxes paid on donated land should
be allowable costs.

Taxes levied on assets related to the delivery of services
for child care are considered allowable costs. If the donated
land is not used to deliver services to children, the taxes on
that land would be unallowable costs.

In addition to changes made as a result of public comment,
the department initiated editorial changes to clarify and simplify
the language.

The amendments are adopted under the Human Resources Code,
Title 2, Chapter 22, which authorizes the department to administer
public assistance programs, and Chapter 41, which authorizes
the department to enforce laws for the protection of children.



sec.49.1801. Cost Reporting.
Agencies that contract
with the Texas Department
of Human Services (DHS)
to provide 24-hour, residential
child-care services must submit
financial and statistical information
according to the requirements
specified in this subchapter.
Providers must report this
informa-tion on cost-reporting
forms approved by DHS.
The cost report must
cover all of the provider's
activities during the previous
fiscal year unless DHS,
at its own discretion,
requires a provider to
submit a cost report
covering selected activities or
covering another time period.


(1) Who must file a cost report. Every 24-hour residential
child-care provider that directly or indirectly receives payment
from DHS for services to children whom DHS has placed with the
provider must submit a cost report. The provider must submit
a separate cost report for each separately licensed facility
that the provider operates. If two or more facilities share a
license, but function as separate and distinct facilities, each
of them must submit a cost report that covers its own revenues,
expenses, and statistics.


(2) Cost report due date. Unless DHS specifies otherwise,
providers must submit cost reports within 90 days after receiving
cost-reporting forms from DHS.


(3) Extension of due date. When circumstances that a
provider cannot reasonably be expected to control prevent the
provider from submitting a cost report within 90 days as specified
in paragraph (2) of this section, DHS may extend the due date
for 30 days. The provider must request the extension in writing
before the due date, and DHS must respond to the request within
10 workdays after receiving it.


(4) Cost-report supplements. To obtain additional financial
and statistical information that does not appear in a provider's
regular cost report, DHS has the authority to require the provider
to submit a cost-report supplement. The provider must submit
the supplement by the due date specified by DHS.


(5) Vendor hold. If a provider fails to file a cost report
or cost-report supplement by the due date or according to the
other requirements specified in this subchapter, DHS has the
authority to institute a vendor hold and withhold payments from
the provider until the provider submits an acceptable cost report.
A provider's failure to submit a cost report after DHS has placed
the provider on vendor hold may result in nonrenewal or cancellation
of the provider's contract with DHS. When a provider is on vendor
hold, DHS does not extend the due date for receipt of the provider's
cost report.


(6)  Accounting requirements. Except for governmental
institutions operated on the cash method of accounting, providers
must ensure that the financial and statistical information submitted
in their cost reports is based on the accrual method of accounting.
Each provider's treatment of financial and statistical data must
reflect the application of generally accepted accounting principles
(GAAP) approved by the American Institute of Certified Public
Accountants (AICPA) . For purposes of cost reporting, however,
the requirements of this subchapter take precedence over the
AICPA's GAAP and any other authority's accounting requirements,
including Internal Revenue Service requirements.


(7)  Methods of allocation. Providers must use reasonable
methods of cost allocation when they allocate costs. If DHS considers
a provider's method of allocation unreasonable, DHS adjusts the
allocated costs. Providers must keep work papers supporting their
cost allocations.


(8) Certification. Providers must complete the certification
page of their cost reports to certify that the reports are accurate.


(9) Review of cost reports. DHS conducts a desk review
of each cost report to ensure that the financial and statistical
information presented in the report conforms to all applicable
requirements, including the requirements of this subchapter.
The desk review verifies that the cost report:


(A) displays financial and statistical information in
the format required by DHS;


(B) reports expenses in conformity with the lists of
allowable and unallowable costs in sec.sec.49.1804-49.1806
of this title (relating to Allowable Costs; Unallowable Costs;
and Costs Not Included in Recommended Payment Rates); and


(C) follows GAAP except as specified in paragraph (6)
of this section or in the lists of allowable and unallowable
costs in sec.sec.49.1804-49.1806 of this title (relating
to Allowable Costs; Unallowable Costs; and Costs Not Included
in Recommended Payment Rates).


(10)  Requests for additional information. If a cost
report fails to conform to applicable requirements as specified
in paragraph (9) of this section, DHS returns the report to the
provider for correction. DHS also has the authority to require
providers to supply additional information to substantiate the
information provided in the cost report.


(11) On-site audits. DHS performs a sufficient number
of on-site audits each year to ensure the fiscal integrity of
the 24-hour child-care services program. DHS determines the frequency
and nature of on-site audits, and the number of audits performed
each year may vary. To maximize the number of audited cost reports
available for use in projecting costs, DHS arranges as many on-site
audits as possible.


(12)  Notification of exclusions and adjustments. DHS
gives providers written notification of exclusions and adjustments
of reported expenses made during desk reviews and on-site audits
of cost reports.


(13) Reviews of exclusions and adjustments. When a provider
disputes a DHS exclusion or adjustment of a reported expense,
the provider may request an informal review of DHS's disallowance.
On receipt of the provider's request, DHS reimbursement and audit
staff meet with the provider and review the action taken.


(14) Access to records. Each provider and each provider's
designated agents must give DHS access to any and all records
necessary to verify information submitted to DHS on cost reports,
including records that pertain to related-party transactions
or other business activities engaged in by the provider. If a
provider does not allow DHS to inspect pertinent records within
30 days after DHS sends the provider written notice, DHS places
the provider on vendor hold and withholds payments until the
provider gives DHS access to the records. DHS has the authority
to cancel the provider's contract if the provider continues to
deny DHS access.


(15) Maintaining records. Providers must ensure that
all records pertinent to services rendered under their contracts
with DHS are accurate and sufficiently detailed to support the
financial and statistical information contained in their cost
reports. As specified in sec.69.202 of this title (relating
to Contractors' Records), providers must retain these records
for at least three years and 90 days after the end of the contract
period.


(16) Failure to maintain adequate records. If DHS discovers
that a provider has failed to maintain adequate records as specified
in paragraph (15) of this section, DHS notifies the provider
of the deficiencies in the provider's record keeping and gives
the provider 90 days to correct them. DHS has the authority to
cancel the provider's contract if the provider fails to correct
the deficiencies within 90 days after the date of DHS's notification.



sec.49.1802. Cost-finding Analysis.


(a) The Texas Board of Human Services establishes the
Texas Department of Human Services' (DHS's) payment rates for
24-hour, residential child-care facilities after considering
rate recommendations developed by DHS according to the provisions
of this subchapter. To develop rate recommendations for board
consideration, DHS analyzes the information submitted in provider
cost reports and related documentation in the following ways.


(1) DHS excludes the expenses specified in sec.49.1805
and sec.49.1806 of this title (relating to Unallowable Costs
and Costs Not Included in Recommended Payment Rates).


(2) DHS reduces reported costs by the amount of federal
revenue reported, including revenue from the United States Department
of Agriculture (USDA).


(3)  DHS groups allowable costs into the following cost
areas:


(A)  administration;


(B) routine daily service;


(C) dietary services;


(D) therapeutic services;


(E) building and transportation;


(F) medical and dental services; and


(G)  educational services.


(4) When a provider's occupancy rate for a given level
of care falls below the median occupancy rate for that level
of care, DHS adjusts the provider's administration, transportation,
donated transportation, building, donated building, educational
building, and donated educational building expenses to reflect
the per diem costs of operating at the median occupancy rate
for that level of care.


(5) DHS includes therapy costs in its recommended payment
rates for Levels of Care III through VI and for emergency shelters.


(6) DHS projects allowable expenses in each cost area
for the period between each provider's reporting period and the
next rate period. Unless a more appropriate economic adjuster
is applicable, DHS uses the Implicit Price Deflator-Personal
Consumption Expenditures index to calculate these projected expenses.


(7) DHS uses the following methodology to recommend payment
rates for consideration by the Texas Board of Human Services.
For each level of care, DHS:


(A) adds each provider's projected allowable costs in
all of the cost areas specified in paragraph (3)(A)-(G) of this
subsection in order to obtain a projected cost total for each
provider;


(B) ranks the projected cost totals of all providers
from low to high; and


(C) determines the median projected cost total. For each
level of care, the median projected cost total is the recommended
payment rate.


(b)  The Texas Board of Human Services establishes DHS
payment rates for 24-hour child-care facilities in an open meeting
after considering pertinent financial and statistical information,
DHS rate recommendations, the provisions of this subchapter,
and public testimony. The board seeks to ensure that the payment
rates it establishes are within DHS's budget. DHS's payment rates
are not allowed to exceed the Texas Health and Human Services
Coordinating Council's standard recommended rates for 24-hour
child-care facilities.



sec.49.1803. Definition of
Allowable and Unallowable Costs.


(a)  General information. The Texas Department of Human
Services (DHS) defines allowable and unallowable costs in order
to identify the reasonable expenses that an efficient and economical
provider must incur to provide the 24-hour child-care services
specified in the provider's contract with DHS. The primary objective
of DHS's cost-reporting system is to determine fair and reasonable
reimbursement rates for these providers. To achieve this objective,
DHS compiles a rate base that includes, to the extent possible,
only informa-tion about allowable costs. When DHS classifies
a particular type of expense as unallowable, the classification
means only that DHS will not include the expense in the rate
base because the department does not consider the expense reasonable
and necessary to provide contracted services. The classification
does not mean that individual providers must not make these expenditures.


(b) Definitions. The following words and terms, when
used in this sub-chapter, shall have the following meanings,
unless the context clearly indicates otherwise.


(1)  Allowable costs are expenses that are reasonable
and necessary in the normal conduct of operations relating to
child-care services in a 24-hour, residential child-care facility.
To the extent possible, DHS includes only allowable costs in
the rate base. The key terms in this definition and in the definition
of unallowable costs are further explained as follows.


(A) Reasonable refers to the amount expended. An amount
is reason-able if it does not exceed the cost that a prudent
business operator seeking to contain costs would incur.


(B) Necessary refers to the relationship of the cost
to the provision of child-care services. A cost is necessary
if it is usual and customary in the operation of a 24-hour child-care
facility, and if it satisfies all of the following conditions:


(i) the cost is
not listed as an unallowable
cost in sec.49.1805 and
sec.49.1806 of this title
(relating to Unallowable Costs
and Costs Not Included
in Recommended Payment Rates);


(ii) the cost is
not unallowable under other
federal, state, or local
laws or regulations;


(iii) the cost is
not for personal or other
activities that are not
specifically related to the
provision of child-care services
in a 24-hour child-care
facility;


(iv) the cost bears
a significant relationship to
the provision of 24-hour
child-care services. DHS considers
the relationship significant if
eliminating the expenditure would
adversely affect the health,
safety, or welfare of
children in the facility;
and


(v) the cost is
incurred in the purchase
of materials, supplies, or
services provided directly to
the children or staff
of individual 24-hour child-care
facilities in the conduct
of normal operations relating
to child-care services.


(C)  Expenses incurred in the normal conduct of operations
relating to 24-hour child-care services include, but are not
limited to, the following types of special expenses:


(i) expenses for facilities,
materials, supplies, and services.
The allowable portion of
expenses for facilities, materials,
supplies, and services that
are used both for providing
24-hour child-care services and
for other purposes. Whenever
otherwise allowable costs can
be attributed partially to
personal or other business
interests and partially to
child-care services, the portion
attributed to child-care services
may be allowed on a
pro rata basis if the
attribution is well-documented;


(ii)  expenses in related-party
transactions. In related-party
transactions, the allowable cost
to the 24-hour child-care
facility is the cost
to the related party.
Allowable costs in related-party
transactions are limited to
the lesser of the actual
purchase price paid by
the related party or
the usual and customary
charge for comparable goods
or services. Two or more
individuals or organizations constitute
related parties whenever they
are affiliated or associated
in a manner that entails
some degree of legal
control or practical influence
of one over the other.
The affiliation or association
may be based on common
ownership, past or present
mutual interests in child-care
or other types of enterprises,
or family ties. Allowable
costs that result from
arm's-length transactions involving
unrelated parties are not
affected by the provisions
of this clause.


(2) Third-party payors are reimbursement sources other
than the provider, including county agencies, parents, insurance,
and state or federal agencies.


(3) Unallowable costs are expenses that are not reasonable
and necessary in the normal conduct of operations relating to
child-care services in a 24-hour, residential child-care facility.
To the extent possible, DHS does not include unallowable costs
in the rate base.



sec.49.1804. Allowable Costs.
The following list of
allowable costs is designed
to function as a general
guide and to clarify
certain key expense areas.
The list is not comprehensive,
and the absence of a
particular cost does not
necessarily mean that the
cost is not allowable:


(1)  compensation of 24-hour child-care facility employees.
This cost includes compensation only of those employees who provide
services directly to the residents or staff of a 24-hour child-care
facility in the normal conduct of operations relating to resident
care. Compensation includes the following elements:


(A) wages and salaries. This includes deferred compensation,
overtime pay, incentive pay and bonuses, and any other monies
subject to withholding taxes and Federal Insurance Contributions
Act (FICA) deductions;


(B) payroll taxes and insurance. This includes FICA and
other social security contributions, unemployment compensation
insurance, and workers' compensation insurance;


(C) employee benefits. This includes employer-paid health,
life, accident, and disability insurance for employees; employer
contributions to employee retirement accounts; uniform and clothing
allowances; and housing and meals provided to employees as a
part of the employment contract;


(2) compensation of outside consultants who provide direct
services to residents or staff of a 24-hour child-care facility;


(3) routine child-care expenses. This includes expenses
for recreational fees and supplies, clothing expenses that are
not covered by a third-party payor, allowances (except for amounts
paid from a child's trust fund), personal-care supplies, laundry,
linen, housekeeping, personal educational supplies, and gifts
for children;


(4) dietary services expenses. This includes expenses
for food, food-related supplies, kitchen equipment, and depreciation
of kitchen equipment;


(5) therapy expenses. This includes the cost and depreciation
of supplies for therapy;


(6) central-office overhead expenses. A facility may
use an indirect rate that has been approved by the federal government
to allocate these expenses. If a facility does not have an approved
indirect rate, it must develop a reasonable method of allocation;


(7) building, equipment, and capital expenses. This includes
expenses for the rental, lease, and depreciation of buildings
and equipment, land and leasehold improvements, taxes, insurance,
utilities, maintenance, and interest:


(A) depreciation and amortization expense. Property owned
by the provider, and improvements to owned, leased, or rented
property valued at more than $500 at the time of purchase, must
be depreciated or amortized using the straight-line method. The
minimum useful lives to be assigned to depreciable property are
as follows:


(i) buildings: 30 years,
with a minimum salvage
value of 10% or a
use-fee formula specified by
Texas Department of Human
Services (DHS) based on
an approved appraisal;


(ii) building equipment,
buildings and grounds improvements
and repairs, furniture and
appliances, and power equipment
and tools used for buildings
and grounds maintenance: minimum
schedules consistent with Estimated
Useful Lives of Depreciable
Hospital Assets, published by
the American Hospital Association;
and


(iii) transportation equipment
used for the transport
of residents or of materials
and supplies utilized by
the 24-hour child-care facility:
a minimum of three years
for passenger automobiles; five
years for light trucks
and vans; and seven years
for buses, with a minimum
salvage value of 10%;


(B) rental and lease expense. Rental and lease expense
paid to a related party is limited to the lower of the cost to
the related party or organization; or the cost to the provider;
or the price of comparable services, facilities, or supplies
purchased in an arm's-length transaction. This includes rental
and lease expenses for buildings, transportation equipment, building
equipment, furniture, and so forth;


(C) interest expense. Interest expense is allowable on
loans for the acquisition of allowable items, subject to all
of the requirements governing allowable costs and to the following
additional requirements:


(i) the loan must
be evidenced in writing;
and


(ii) the loan must
be made in the name
of the provider as maker
or co-maker of the note;


(D) interest expense on related-party loans. Interest
expense on related-party loans is limited to the lesser of:


(i)  the interest expense
to the provider, which
is the expense to the
related party; or


(ii) the prevailing national
average prime interest rate
during the year in which
the loan contract is
concluded, as the rate
is reported by the United
State Department of Commerce's
Bureau of Economic Analysis
in the Survey of Current
Business and the Business
Conditions Digest;


(E) tax expense. This includes ad valorem taxes, real
and personal property taxes, motor vehicle registration fees,
sales taxes, Texas corporate franchise taxes, and organization
filing fees;


(F) insurance expense. This includes expenses for building,
grounds, and contents insurance; facility fire and casualty insurance;
professional liability and malpractice insurance; and transportation-equipment
insurance;


(G) utilities expense. This includes expenses for natural
gas, electricity, water, waste water, garbage collection, and
telephone service;


(8) client transportation expenses. These expenses are
limited to costs directly related to providing transportation
for 24-hour child-care residents. They include rental, lease,
and contract costs for transportation equipment; depreciation;
purchased transportation; and operating and maintenance costs.
Mileage is allowed when:


(A)  adequately documented;


(B) related to the delivery of services for which DHS
has contracted; and


(C) the cost per mile does not exceed the current reimbursement
rate set by the legislature for state employee travel;


(9) business and professional association dues. This
expense is limited to dues for associations primarily devoted
to child care;


(10) outside training expenses. These expenses are limited
to the direct costs of training personnel who provide direct
child-care services to the facility's residents. Direct costs
of training include expenses for transportation, meals, lodging,
and tuition and registration fees. The training must:


(A) take place in the continental United States; and


(B) relate directly and primarily to child care;


(11) expenses for nonprescription drugs and medical supplies
that do not have to be administered by medically trained personnel;


(12) expenses for prescription medications. Expenses
for prescription medications not covered by Medicaid, early and
periodic screening, diagnosis, and treatment (EPSDT) Medicaid,
or paid by county reimbursements, parents, insurance, or any
other third-party payor;


(13) expenses for providing 24-hour on-call services.
Expenses for providing 24-hour on-call medical, psychiatric,
and nursing services for clients in Levels of Care V and VI.
These are the expenses associated with a plan, agreement, or
contract to provide 24-hour on-call medical, psychiatric, and
nursing services for clients in Levels of Care V and VI. These
expenses exclude the actual costs of treatment and all costs
paid by third-party payors;


(14) medical and dental expenses. Allowable medical and
dental expenses are those that are considered medically necessary
(not cosmetic) and that are not covered by Medicaid, EPSDT Medicaid,
or paid by county reimbursements, parents, insurance, or any
other third-party payor. Medically necessary refers to the need
for medical services in an amount and frequency sufficient, according
to accepted standards of medical practice, to preserve health
and life and to prevent future impairment. Prior approval by
the department is necessary for those medical and dental expenses
that are not considered medically necessary but have been determined
by a physician (M.D., D. O., or psychiatrist) as necessary for
the emotional well being of the child;


(15) the value of in-kind donations. The value of in-kind
donations includes only the depreciation of the value of donated
buildings and donated vehicles used exclusively for the provision
of 24-hour child care services. The historical cost used to depreciate
buildings must be consistent with an appraisal by an independent
third-party appraiser or the documented historical cost to the
donor. The historical cost used to depreciate vehicles must be
consistent with the National Automobile Dealer's Association
(NADA) listings or the documented historical cost to the donor.
For additional information, see paragraph (7)(A) of this section;


(16) educational expenses. Allowable educational expenses
are those that are not reimbursed or provided by a state agency,
county agency, the local school district, or any other third-party
payor. Allowable expenses include:


(A) educational expenses for facilities that provide
educational services to children who reside in emergency shelters
and children who must attend an on-facility educational program
due to health, safety, and quality of services reasons as determined
by the local school district's Admission, Review, and Dismissal
(ARD) Committee. A copy of the local school district's document
describing the ARD decision must be included in the child's record
and maintained at the on-facility school. These education expenses
include:


(i) textbooks and salary
costs for teachers and
teachers' aides that are
in excess of the district's
Texas Education Agency (TEA)
allocation for which the
local school district bills
the facility. The excess
costs must be determined
necessary by the ARD
Committee and documented in
the student's individual educational
plan (IEP).


(ii) expenses for the
rental, lease, and depreciation
of buildings and equipment
used to provide educational
services, as well as
related utility, insurance, tax,
and maintenance expenses, including
compensation of staff for
facility maintenance. These expenses
include the costs of
buildings and equipment in
buildings or spaces within
a building that are used
for both educational and
noneducational purposes. When a
building or a space within
a building is used for
both educational and noneducational
purposes, the portion of
building and equipment expenses
directly related to providing
educational services in that
building or space is
allowed on a pro rata
basis. The provider must
clearly document the proportion
of use for educational
purposes.


(iii) teaching aid supplies;


(B) course enrollment and testing fees for obtaining
a general equiva-lency diploma;


(C) educational enrichment expenses not paid for by a
state agency, county agency, the local school district, foster
parent associations, child welfare boards, parents, or other
similar third-party payors. Allowable educational enrichment
expenses are those expenses that would normally be paid for by
the parents of a child and are directly related to school-sponsored
events. Allowable educational enrichment expenses include tutors,
class rings, cheerleader uniforms, and other similar items used
for extra-curricular activities related to school-sponsored events;


(D)  expenses for vocational or farm programs that are
not part of the structured educational program, less any revenue
earned by the facility from those programs.



sec.49.1805. Unallowable Costs.
The following list is
designed to function as
a general guide to the
types of unallowable costs
frequently included in cost
reports. The list is
not comprehensive, and the
absence of a particular
cost does not necessarily
mean that the cost is
allowable:


(1)  advertising expenses. Advertising expenses are unallowable.
However, the Texas Department of Human Services (DHS) treats
the following expenses as allowable exceptions: advertisements
to recruit employees, yellow-page listings that require no more
than one column-inch of page space, and pam-phlets or brochures
published to meet statutory or regulatory requirements or to
inform the public about the provider's 24-hour child-care program;


(2)  allowances for bad debts, and other similar accounts;


(3) business expenses and expenses for activities unrelated
to providing the 24-hour services for which DHS has contracted;


(4) political and charitable contributions;


(5) corporate headquarters expenses that are not directly
related to providing services or supplies to support the normal
operations and child-care services of a 24-hour child-care facility;


(6)  depreciation expenses that are not based on the
straight-line method of depreciation as specified in sec.49.1804(7)(A)
of this title (relating to Allowable Costs);


(7) building depreciation expenses based on less than
a 30-year life as specified in sec.49.1804(7)(A)(i) of this
title (relating to Allowable Costs);


(8) vehicle depreciation expenses based on less than
the life of the vehicle as specified in sec.49.1804(7)(A)(iii)
of this title (relating to Allowable Costs);


(9) discounts for administrative reasons; courtesy, cash,
trade, and quantity discounts; rebates; and any other discounts
granted to the provider;


(10) dues and fees for membership in organizations whose
primary purposes are not related to the services for which DHS
has contracted;


(11) entertainment expenses, except for entertainment
reported as an employee benefit;


(12) expenses that are not the legal obligation of the
provider;


(13) fees and travel expenses for the corporation or
association board of directors;


(14) partnership or corporation filing fees;


(15) fines and other penalties for violations of statutes
or ordinances; penalties for late payment of taxes, utilities,
mortgages, or loans; and other similar penalties;


(16)  franchise fees;


(17) premiums for life insurance in which the beneficiary
is the provider organization, unless life insurance is required
in a loan agreement related to child care;


(18) contributions to self-insurance funds that do not
represent payments on current liabilities;


(19) premiums for insuring items of unallowable cost;


(20) interest expenses on loans for assets not related
to the delivery of services for which DHS has contracted. In
general, interest expenses must be reduced or offset by interest
income. However, interest income from funded depreciation accounts
or qualified pension funds must not be used to offset interest
expenses;


(21) personal compensation and personal expenses not
related to the delivery of 24-hour child-care services;


(22) expenses for the purchase of facilities, supplies,
or services from parties or organizations related to the provider,
to the extent that these expenses exceed the lower of:


(A) the cost to the related party or organization; or


(B) the price of comparable services, facilities, or
supplies purchased in an arm's-length transaction.


(23) rental or lease expenses on items not related to
the delivery of services for which DHS has contracted;


(24) federal, state, and local income taxes; and all
taxes levied on assets not related to the delivery of services;


(25) transportation expenses for vehicles that are not
generally suited for functions related to 24-hour child-care
services;


(26) expenses that are not adequately documented;


(27) forms of compensation that are not clearly enumerated
in dollar amounts or that represent distributions of profit;


(28) expenses related to college enrollment and attendance;


(29) medical and dental expenses, including medications
that were paid for by a third-party payor or covered by Medicaid
and EPSDT Medicaid;


(30) hospitalization expenses.



sec.49.1806. Costs Not
Included in Recommended Payment
Rates.  Although the
Texas Department of Human
Services (DHS) has the
authority to require providers
to report the following
costs, DHS does not include
them in its recommended
payment rates. The department
captures these costs for
statistical purposes only:


(1) the value of in-kind donated items, including depreciation
and amortization of the value of the donations, except those
described as allowable costs in sec.49.1804(15) of this title
(relating to Allowable Costs);


(2) the values assigned to the services of unpaid workers
or volunteers;


(3) fund-raising, promotional, and public-relations expenses;


(4) educational expenses for those facilities that educate
in an on-facility school those children for whom no Admission,
Review, and Dismissal (ARD) Committee determination about attendance
(based on health, safety, and quality of service reasons) has
been made. These expenses include:


(A) compensation for administrators, teachers, and teachers'
aides for providing educational services;


(B) expenses for textbooks and teaching aid supplies;


(C) the rental, lease, and depreciation of buildings
and equipment used to provide educational services, as well as
related utility, insurance, tax, and maintenance expenses. This
expense also includes compensation of staff for facility maintenance;


(D) the costs of buildings or spaces within a building
that are used for both educational and noneducational purposes.
When a building or a space within a building is used for both
educational and noneducational purposes, the portion of building
and equipment expenses directly related to providing educational
services in that building or space is unallowable on a pro rata
basis.


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 July 10, 1991.

TRD-9108207

Nancy Murphy

Agency liaison, Policy and Document Support

Texas Department of Human Services

Effective date: July 31, 1991

Proposal publication date: January 11, 1991

For further information, please call: (512) 450-3765

   
   

 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 Insurance in a public meeting on June 7,
1991, adopted amendments to Parts One and Two and the associated
retrospective endorsements in the Texas Retrospective Rating
Plan Manual as amended on an emergency basis under Board Order
58237 effective May 1, 1991.

The amendments to Part One pertain to the large risk alternative
rating option and amend the emergency rules as originally adopted
by indicating that the only allowable method for collecting the
applicable Texas WC residual market premium (RMP) shall be through
the Texas WC residual market factor (RMF) determined in accordance
with Part Two Section I.B.8. The amended rule also indicates
the residual market costs cannot be included in any other rating
plan factors negotiated between the carrier and the insured.
However, the RMF used in all retrospective premium adjustments
shall not exceed the actual RMF determined by the State Board
of Insurance (SBI). Any amount of RMP in excess of the actual
RMP as produced by applying the RMF determined by SBI shall be
refunded to the insured. The eligibility requirements for the
large risk alternative rating option were amended to make this
option available for risks with either an estimated annual workers'
compensation standards premium in excess of $35,000 in all states
subject to interstate retrospective rating or an estimated annual
workers' compensation premium in excess of $100,000 on an intrastate
basis.

The amendments to Part Two indicate that for insureds written
under any retrospective rating plans the residual market premium
may be added to the retrospective premium calculated in accordance
with the formula set forth in the rules. The actual RMF as determined
by SBI shall be calculated either by dividing the actual assessed
Texas WC residual market deficit by the Texas WC voluntary written
premium for the year to which the deficit assessment relates
or by any other formula adopted by SBI.

Endorsement WC 42 05 25 was amended to reflect the proposed
methodology to calculate the RMP. In addition, endorsement WC
42 05 18 was adopted for risks written under the large risk alternative
rating option.

The amended rules and forms are effective 12:01 a.m. June
7, 1991.

The board adopted the amended rules and forms under the authority
and jurisdiction of the Insurance Code, Articles 5.55, 5.62,
5.77, 5.78, 5.79, and 5. 96 and on an emergency basis as provided
in Article 5.96(i).

This notification is made pursuant to the Insurance Code,
Article 5.96, which exempts it from the requirements of the Administrative
Procedure and Texas Register Act.


This agency hereby certifies that the rule as adopted has
been reviewed by legal counsel and found to be a valid exercise
of the agency's legal authority.

Issued in Austin, Texas, on July 3, 1991.

TRD-9108116

Nicholas Murphy

Chief Clerk

State Board of Insurance

Effective date: June 7, 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 State Board of
Public Accountancy


Wednesday-Thursday, July 17-18,
1991, 11 a.m. and 9
a.m. respectively. The Texas State Board
of Public Accountancy will hold an emergency meeting at 1033
La Posada, Suite 340, Austin. According to the agenda summary,
the board will approve June, 1991 meeting minutes; hear committee
reports (executive, technical standards review, behavioral enforcement,
examination, long-range planning), licensing, quality review,
ad hoc rules); final action on substantive rules 501.40 (licensing/registration
requirements), 505.3 (chairman of the board) , 505.5 (secretary
of the board), 513.26 (partnership names), 513.84 (sole proprietorship
names), and 519.8 (classification of parties); ratification of
board orders, consent orders, and proposals for decision; and
review of future meeting/hearing schedules. The emergency status
is necessary as the enactment of the boards' new statute requires
extensive modification to its substantive rules and the board
procedures in order to effect their adoption by the statute's
effective date of September 1, 1991.

Contact: William Treacy, 1033 La Posada,
Suite 340, Austin, Texas 78752-3892, (512) 451-0241.

Filed: July 10, 1991, 1:27 p.m.

TRD-9108217

   
   


Texas Department of
Agriculture


Wednesday-Thursday, July 17-18,
1991, 1 p.m. and 9
a.m. respectively. The Texas Agricultural
Diversification Board of the Texas Department of Agriculture
will meet at the Stephen F. Austin Building, 1700 North Congress
Avenue, Ninth Floor, Austin. According to the agenda summary,
on Wednesday the board will introduce program; new board members;
discuss and act on election of vice chairman; presentation by
Sweetwater Incubator; Texas Business Incubator Association; and
report on matching grants program. On Thursday, the board will
make introductions; give report on linked deposit program; microenterprise
loan program; open discussion on matching grants program; and
discussion and action on other business and on setting next meeting
date.

Contact: Richard Salmon, P.O. Box 12847,
Austin, Texas 78711, (512) 475-1614.

Filed: July 9, 1991, 4:24 p.m.

TRD-9108192

   
   


State Aircraft Pooling
Board


Wednesday, July 17,
1991, 4:30 p.m. The State Aircraft
Pooling Board will meet at 4900 Old Manor Road, Austin. According
to the agenda summary, the board will call to order; have introductions;
discuss approval minutes; Highway Department review of photography
aircraft; interagency contract and pilot exemptions; hear executive
director's report; discuss personnel matter; adjourn for executive
session; reconvene regular session; set time and place for next
meeting; and adjourn.

Contact: Gladys Alexander, (512) 477-8900

Filed: July 9, 1991, 10:19 a.m.

TRD-9108154

   
   


Texas Alcoholic Beverage
Commission


Monday, July 22, 1991,
4 p.m. The Texas Alcoholic Beverage Commission
will meet at 5806 Mesa, Room 180, Austin. According to the complete
agenda, the commission will discuss approval of the minutes of
June 17, 1991 meeting; hear administrator's and staffs' report
of agency activity; and approve affidavit of destruction of tested
alcoholic beverages.

Contact: W. S. McBeath, P.O. Box 13127,
Austin, Texas 78711, (512) 458-2500.

Filed: July 9, 1991, 12:58 p.m.

TRD-9108162

   
   


Bond Review Board


Thursday, July 18, 1991,
10 a.m. The Bond Review Board will meet at
the State Capitol, Sergeant's Committee Room, Austin. According
to the agenda summary, the board will call the meeting to order;
approval of minutes; consideration of proposed issues; discuss
other business; and adjourn.

Contact: Tom K. Pollard, 506 Sam Houston
Bulding, 210 East 14th Street, Austin, Texas 78701, (512) 463-1741.

Filed: July 10, 1991, 4:52 p.m.

TRD-9108242

   
   


Texas Catastrophe Property
Insurance Association


Friday, July 26, 1991,
8:30 a.m. The Board of Directors of the Texas
Catastrophe Property Insurance Association will meet at the TCPIA
Conference Room, 2801 South Interregional, Austin. According
to the complete agenda, the board will call the meeting to order;
consider changes to plan of operation to comply with House Bill
2; discuss 1992 TCPIA budget; any other business that may come
before the board; and adjourn.

Contact: Frank R. Rogers, 2801 South Interregional,
Austin, Texas 78741, (512) 444-9611.

Filed: July 11, 1991, 9:15 a.m.

TRD-9108259

   
   


Court Reporters Certification
Board


Saturday, July 20, 1991,
9 a.m. The Court Reporters Certification
Board will meet at Texas Law Center, 1414 Colorado, Suite 206,
Austin. According to the agenda, the board will call to order
and recognize guests; conduct formal hearing in Cause Number
91089603; consider the qualifications for instructors as proposed
by the Texas Education Agency; conduct preliminary reviews in
Cause Numbers 91114904 and 91048305; discuss SB884 as passed
in 72nd Legislative Session; discuss Texas Performance Review
Report; consider approval of minutes from April 20, 1991 meeting;
review expenditures for fiscal year 1991; consider examination
and meeting schedules for 1991 and 1992; consider any other business
that may come before the board; and adjourn.

Contact: Peg Liedtke, 3000 South IH-35,
Suite 120, Austin, Texas 78704, (512) 463-1630.

Filed: July 9, 1991, 10:24 a.m.

TRD-9108155

   
   


Texas Employment Commission


Tuesday, July 16, 1991,
8:30 a.m. The Texas Employment Commission
will meet at Texas Employment Commission Building, Room 644,
101 East 15th Street, Austin. According to the emergency revised
agenda, the commission will hold an executive session to discuss
San Antonio Board of Realtors, Inc. v. Texas Employment Commission
settlement offer in pending litigation; and action, if any, resulting
from executive session. The emergency status is necessary because
the commission needs to consider settlement offer in pending
litigation.

Contact: C. Ed Davis, 101 East 15th Street,
Austin, Texas 78778, (512) 463-2291.

Filed: July 10, 1991, 3:10 p.m.

TRD-9108226

   
   


Texas Public Finance
Authority


Wednesday, July 17,
1991, 1 p.m. The Board of the Texas
Public Finance Authority will meet at Price Daniel, Sr. Building,
209 West 14th Street, Room 803-B, Austin. According to the agenda,
the emergency board meeting will include: call to order; approval
of minutes; consideration of selection of firm to implement restructuring
of Escrow Account; selection of firm to implement Master Equipment
Finance Program (representatives from Grigsby Branford Powell,
Lehman Brothers, J. P. Morgan/Estrada Securities/Walton Johnson,
Rauscher Pierce and Merrill Lynch will make presentations.);
consideration of request for financing from TDCJ for issuance
of GO Bonds; consideration of selection of bond counsel; and
adjournment. The emergency status is necessary because the Texas
Public Finance Authority board approval is needed for GO Bond
issuance for TDCJ in order to forward request to BRB.

Contact: Pamela Scivicque, 1201 Brazos Street,
Suite 313, Austin, Texas 78711 (512) 463-5544.

Filed: July 10, 1991, 3:52 p.m.

TRD-9108235

   
   


Texas Historical Commission


Thursday, July 25, 1991,
10 a.m. The Historic Resources Advisory Group
of the Texas Historical Commission will meet at Gethsemane Lutheran
Church, 1510 Congress Avenue, Austin. According to the agenda
summary, the group will discuss: update on statewide historic
preservation planning; issues in identifying, evaluating, and
registering historic resources; Outreach, Quality Control, Sections
106 and 110; community and regional development contexts; agriculture/cotton
context; developing goals and objectives for historic contexts;
and new directions for historic context development.

Contact: Marlene Casarez, P.O. Box 12276,
Austin, Texas 78711, (512) 463-6094.

Filed: July 10, 1991, 3:05 p.m.

TRD-9108223

   
   


Thursday, July 25, 1991,
3:30 p.m. The Texas Preservation Trust Fund
Committee of the Texas Historical Commission will meet at the
Carrington-Covert House Library (THC Headquarters), 1511 Colorado
Street, Austin. According to the complete agenda, the committee
will give an update on Viva S. Huffman Estate Property Transaction;
advisory board and guardians will discuss status of appointments,
meeting plans; update on state legislation; and discuss other
business.

Contact: Curtis Tunnell, P.O. Box 12276,
Austin, Texas 78711, (512) 463-6100.

Filed: July 10, 1991, 1:07 p.m.

TRD-9108216


Friday, July 26, 1991,
7:30 a.m. The National Register Programs
Committee of the Texas Historical Commission will meet at El
Rose Apartment Building, Second Floor Library, 108 West 16th
Street, Austin. According to the agenda summary, the committee
will meet to discuss: State Board of Review; approval of changes
to the rules of the Texas Historical Commission; Fourth Annual
Certified Local Government Conference; resolution for Willard
B. Robinson; and quarterly report of activities.

Contact: Marlene Casarez, P.O. Box 12276,
Austin, Texas 78711, (512) 463-6094.

Filed: July 10, 1991, 3:06 p.m.

TRD-9108224


Friday, July 26, 1991,
8:30 a.m. The Architecture Committee of the
Texas Historical Commission will meet at the Elrose Building
(Architecture Library, Second Floor), 108 West 16th Street, Austin.
According to the complete agenda, the committee will give quarterly
report of activities; update on significant projects; update
on Texas Historic Preservation Grants (FY1991); update on Texas
Preservation Trust Fund; and update on federal and state legislation.

Contact: Curtis Tunnell, P.O. Box 12276,
Austin, Texas 78711, (512) 463-6100.

Filed: July 10, 1991, 1:07 p.m.

TRD-9108215

   
   


Saturday, July 27, 1991,
9 a.m. The State Board of Review of the Texas
Historical Commission will meet at Ashbel Smith Hall, Second
Floor Conference Room, 201 West Seventh Street, Austin. According
to the agenda summary, the board will hear announcements; discuss
approval of minutes of March 2, 1991 meeting; and review nominations
to the National Register.

Contact: Marlene Casarez, P.O. Box 12276,
Austin, Texas 78711, (512) 463-6094.

Filed: July 10, 1991, 3:06 p.m.

TRD-9108225

   
   


Texas Department of
Human Services


Friday, July 19, 1991,
10 a.m. The Texas Board of Human Services
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 board will consider action
on approval of June 14, 1991 minutes; hear comments by chairman;
NHIC reserve fund; purchased health services contract; FY 91
budget adjustments; family care waiting lists; PASARR unallowable
costs; OBRA task force; ICF-MR special children's facilities;
rate adjustments for small ICF/MRs and facilities for persons
with related conditions; rates for case management for MR, RC,
and MI individuals; rates for diagnostic and medicaid rehabilitative
services; strategic plan for OSPD; work group on medicaid waiver
programs; application for medicaid community supported living
arrangement; medical transportation services coordination with
TDH kidney health care; disproportionate share hospitals; CCDBG
eligibility; self-arranged child care eligibility; removal of
transportation allowance limit for JOBS program; amendments to
policies and procedures; commissioner's report; the board will
recess into a closed session on personnel matters and will reconvene
in open session to take action resulting from executive session.

Contact: Sherron Heinemann, P.O. Box 149030,
Austin, Texas 78714-9030, (512) 450-3048.

Filed: July 10, 1991, 3:40 p.m.

TRD-9108232


Friday, July 26, 1991,
9 a.m. The EPSDT Dental Professional Advisory
and Review Subcommittee of the Texas Department of Human Services
will meet at 701 West 51st Street, First Floor, West Tower, Room
103-W, Austin. According to the complete agenda, the subcommittee
will call the meeting to order; take roll call; approval of April
12, 1991 minutes; fiscal report; department FY 91 budget status;
LAR update FY 1992-1993; FY 1991 utilization/expenditure report;
baby bottle tooth decay client education; emergency dental claims;
EPSDT medical screening Ad Hoc Committee report; CIDC dental
fees/Texas Performance Review; sealants; OBRA 89 program expansions;
NHIC report on provider relations activities, behavior management
code, and quality control procedures; meet in executive session;
and adjourn.

Contact: Richard Wilson, P.O. Box 139030,
Austin, Texas 78714-9030, (512) 338-6944.

Filed: July 10, 1991, 5:03 p.m.

TRD-9108233


Friday, July 26, 1991,
9 a.m. The EPSDT Dental Professional Advisory
and Review Subcommittee of the Texas Department of Human Services
will meet at 701 West 51st Street, First Floor, West Tower, Room
103-W, Austin. According to the complete agenda, the subcommittee
will call the meeting to order; take roll call; approval of April
12, 1991, minutes; fiscal report; department FY 1991 budget status;
LAR update FY 1992-1993; FY 1991 utilization/expenditure report;
baby bottle tooth decay client education; emergency dental claims;
EPSDT medical screening Ad Hoc Committee report; CIDC dental
fees/Texas Performance Review; sealants; OBRA 89 program expansions;
NHIC report on provider relations activities, behavior management
code, and quality control procedures; meet in executive session;
and adjourn.


Friday, July 26, 1991,
9 a.m. The Social Work Certification Advisory
Council of the Texas Department of Human Services will meet at
701 West 51st Street, Fourth Floor, West Tower, Conference Room
4W, Austin. According to the complete agenda, the council will
hear a report from Cris Ros-Dukler; Nanci Gibbons; discussion
of the 10th anniversary social work certification; discussion
of rules revision of section 6000; hear staff report; and discussion
of newsletter policy.

Contact: Michael Doughty, P.O. Box 149030,
Austin, Texas 78714-9030, (512) 450-3248.

Filed: July 9, 1991, 3:23 p.m.

TRD-9108182


Tuesday, July 30, 1991,
9:30 a.m. The Religious Community Advisory
Committee of the Texas Department of Human Services will meet
at 701 West 51st Street, Third Floor, West Tower, Conference
Room 3W, Austin. According to the complete agenda, the committee
will welcome guests and members; make introductions; discuss
committee business; election of officers; evaluation of committee
for FY 1991; new IRS travel reimbursement rules; the new Texas
plan FY 1992-1993 budget; confidentiality and emergency food
providers; public education subcommittee planning local initiatives;
child protective services update; concerns of members; wrap up;
and adjourn.

Contact: Lucy Todd, P.O. Box 149030, Austin,
Texas 78714-9030, (512) 450-3129.

Filed: July 10, 1991, 3:43 p.m.

TRD-9108234

   
   


Department of Information
Resources


Thursday, July 18, 1991,
1:30 p.m. The Board of the Department of
Information Resources will meet at 300 West 15th Street, Suite
1300, Austin. According to the complete agenda, the board will
give an update on payroll RFP and migration costs; progress report
on consulting contract dollar threshold; report on geographical
information system program; presentation on the ASIST Program;
discussion on the impact of Texas Performance Review to the Department
of Information Resources; update and tour of the disaster recovery
operations center; and discuss other business.

Contact: John Hawkins, 300 West 15th Street,
Suite 1300, Austin, Texas 78711, (512) 371-1120.

Filed: July 9, 1991, 5:24 p.m.

TRD-9108199

   
   


State Board of Insurance


Wednesday, July 10,
1991, 8:30 a.m. The State Board
of Insurance met at William P. Hobby Building, Room 100, 333
Guadalupe Street, Austin. According to the emergency revised
agenda, the board met to consider adoption of an amendment to
the Workers' Compensation and Employers Liability Insurance Texas
Unit Statistical Plan on an emergency basis, and to provide new
worker's compensation codes for use by insurers in reporting
on losses. The emergency status was necessary since the new Worker's
Compensation Codes will be used by insurers in the reporting
of losses on September 1, 1991. This reporting of information
is required as set forth in Senate Bill 1, approved by the 71st
Legislature of Texas; therefore, the new codes must be in place
by September 1, 1991.

Contact: Angelia Johnson, 333 Guadalupe
Street, Austin, Texas 78701, (512) 463-6328.

Filed: July 9, 1991, 3:24 p.m.

TRD-9108183

   
   


Wednesday, July 10,
1991, 8:30 a.m. The State Board
of Insurance met at William P. Hobby Building, Room 100, 333
Guadalupe Street, Austin. According to the emergency revised
agenda, the board met to consider adoption of the Texas Workers'
Compensation Detailed Claim Information Statistical Plan on an
emergency basis. The emergency status was necessary to develop
and maintain a database for research and cost containment efforts
of the Texas Workers' Compensation Research Center and the Texas
Workers' Compensation Commission, in accordance with the Senate
Bill 1 of the 71st Texas Legislature.

Contact: Angelia Johnson, 333 Guadalupe
Street, Austin, Texas 78701, Mail Code 001-1, (512) 463-6328.

Filed: July 9, 1991, 3:24 p.m.

TRD-9108184

   
   


Thursday, July 11, 1991,
10 a.m. The State Board of Insurance met
at the William P. Hobby Building, 333 Guadalupe Street, Room
100, Austin. According to the complete emergency revised agenda,
the board considered personnel action concerning the position
of Deputy Commissioner I for the Insurance Services Section of
the Liquidation Division. The emergency status was necessary
to protect the public welfare by enabling the board to have adequate
personnel to handle important matters relating to failed insurance
companies.

Contact: Angelia Johnson, 333 Guadalupe
Street, Austin, Texas 78701, (512) 463-6328.

Filed: July 10, 1991, 1:48 p.m.

TRD-9108218


Friday, July 19, 1991,
9 a.m. The State Board of Insurance will
meet at Tower 1, William P. Hobby Building, 12th Floor, 333 Guadalupe
Street, Austin. According to the agenda, the board will hold
a public hearing to consider request by Charles D. Sims concerning
calculation of experience rating modifier applicable to workers'
compensation insurance.

Contact: Angelia Johnson, 333 Guadalupe
Street, Austin, Texas 78701, (512) 463-6328.

Filed: July 9, 1991, 10:59 a.m.

TRD-9108160

   
   


Texas Commission on
Jail Standards


Wednesday, July 24,
1991, 9 a.m. The Texas Commission
on Jail Standards will meet at the Employees Retirement Building,
Room 100, Austin. According to the agenda summary, the commission
will call the meeting to order; take roll call of members; discuss
old business: Bowie County, Chambers County, Kaufman County,
McLennan County, Polk County, Zapata County; Suicide Prevention
Guide; change to standards; status of privately developed facilities;
juvenile justice survey; completed jail projects; jail population
report; active remedial orders; status of budget/appropriations;
discuss new business: Angelina County, Bexar County, Galveston
County, Kerr County, Starr County, Tarrant County, Travis County,
Uvalde County, Victoria County, Wilbarger County; highlights
of sunset act and adoption of policies; change to standards-complaints
and fees, change to standards-privately operated facilities;
discussion of conditional certification, and elimination of architectural
barriers; applications for variances: Harris County, Tarrant
County, and Wichita County; hear director's report; discuss other
business; meet in executive session; and adjourn.

Contact: Jack E. Crump, P.O. Box 12985,
Austin, Texas 78711, (512) 463-5505.

Filed: July 9, 1991, 1:46 p.m.

TRD-9108165

   
   


Judicial Districts Board


Friday, July 19, 1991,
10 a.m. The Judicial Districts Board will
meet at Texas Law Center, Room 204, 1414 Colorado Street, Austin.
According to the agenda, the board will review duties of the
board; receive a briefing on and discuss recent United States
Supreme Court decisions regarding the methods of selection of
judges; and review suggestions on their possible effect on Texas.

Contact: C. Raymond Judice, 1414 Colorado
Street, Suite 602, Austin, Texas 78711 (512) 463-1625.

Filed: July 9, 1991, 1:45 p.m.

TRD-9108164

   
   


Polygraph Examiners Board


Friday, July 19, 1991,
9 a.m. The Polygraph Examiners Board will
meet at the Holiday Inn, 6911 North IH-35, Austin. According
to the complete agenda, the board will close meeting to administer
Phase III of licensing exam; discuss approval of April 1991 meeting
minutes; consideration of amendment to Regulation 391.3(13) second
reading; consideration of amendment to Regulation 397.40; discussion
of 1992 licensing survey; agency update; recess for lunch; and
hold board hearing Number 91-03.

Contact: Bryan M. Perot, P.O. Box 4087,
Austin, Texas 78773, (512) 465-2058.

Filed: July 9, 1991, 12:06 p.m.

TRD-9108161

   
   


Public Utility Commission
of Texas


Wednesday, July 17,
1991, 9 a.m. The Public Utility
Commission of Texas will meet at 7800 Shoal Creek Boulevard,
Suite 450N, Austin. According to the revised agenda, the commission
will consider the appeal of Examiner's Order Number 18 or of
June 20, 1991, oral ruling regarding extension of effective date
in Docket Numbers 10200 and 10034-application of Texas-New Mexico
Power Company for authority to change rates, and application
of Texas-New Mexico Power Company for deferred accounting treatment
for TNP One-unit two.

Contact: Mary Ross McDonald, 7800 Shoal
Creek Boulevard, Austin, Texas 78757, (512) 458-0100.

Filed: July 9, 1991, 4:28 p.m.

TRD-9108193

   
   


Wednesday, July 17,
1991, 9 a.m. The Public Utility
Commission of Texas will meet at 7800 Shoal Creek Boulevard,
Suite 450N, Austin. According to the agenda, the commission will
consider the following Docket Numbers: 9986, 10002, 9930, 9469,
9925, and 10108.

Contact: Mary Ross McDonald, 7800 Shoal
Creek Boulevard, Austin, Texas 78757, (512) 458-0100.

Filed: July 9, 1991, 3:09 p.m.

TRD-9108180

   
   


Wednesday, July 17,
1991, 9:05 a.m. The Public Utility
Commission of Texas will meet at 7800 Shoal Creek Boulevard,
Suite 450N, Austin. According to the agenda, the commission will
hold an administrative meeting to discuss: reports, discussion
and action on budget and fiscal matters; monthly financial statements;
legislative update; review applicants for court reporting services
contract; award contract; and authorize the executive director
to negotiate/execute the contract; discussion and action on the
issuance of a request for proposals for the design and/or implementation
of the Utility Information System; discussion and action on the
issuance of a request for proposals for a management audit update
of the Public Utility Commission; adjourn for executive session
to consider: litigation matters; discussion and decision regarding
pending or threatened litigation; personnel matters; reconvene
for discussion and decisions on matters considered in executive
session; set time and place for next meeting; and adjourn.

Contact: Mary Ross McDonald, 7800 Shoal
Creek Boulevard, Austin, Texas 78757, (512) 458-0100.

Filed: July 9, 1991, 3:08 p.m.

TRD-9108179

   
   


Wednesday, August 14,
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 agenda,
the commission will hold a hearing on the merits scheduled in
Docket Number 10325-application of Central Texas Electric Cooperative,
Inc. for authority to change rates.

Contact: Mary Ross McDonald, 7800 Shoal
Creek Boulevard, Austin, Texas 78757, (512) 458-0100.

Filed: July 9, 1991, 4:28 p.m.

TRD-9108194

   
   


Wednesday, September 4,
1991, 10 a.m. The Public Utility
Commission of Texas will meet at 7800 Shoal Creek Boulevard,
Suite 450N, Austin. According to the complete agenda, the commission
will hold a hearing on the merits in Docket Number 10400-application
of Texas Utilities Electric Company for approval of its notice
of intent.

Contact: Mary Ross McDonald, 7800 Shoal
Creek Boulevard, Austin, Texas 78757, (512) 458-0100.

Filed: July 10, 1991, 3:20 p.m.

TRD-9108228


Tuesday, November 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 agenda,
the division will hold a hearing on the merits scheduled in Docket
Number 10140-application of Rayburn Country Electric Cooperative,
Inc. to amend Certificate of Convenience and Necessity for proposed
transmission line within Van Zandt County.

Contact: Mary Ross McDonald, 7800 Shoal
Creek Boulevard, Austin, Texas 78757, (512) 458-0100.

Filed: July 9, 1991, 3:07 p.m.

TRD-9108176


Wednesday, November 20,
1991, 10 a.m. The Public Utility
Commission of Texas will meet at 7800 Shoal Creek Boulevard,
Suite 450N, Austin. According to the complete agenda, the commission
will hold a hearing on the merits in Docket Number 10279-petition
of Rayburn Country Electric Cooperative, Inc. and its member
cooperatives for waiver of Public Utility Commission Substantive
Rule 23.66(d)(1) and (d)(2).

Contact: Mary Ross McDonald, 7800 Shoal
Creek Boulevard, Austin, Texas 78757, (512) 458-0100.

Filed: July 10, 1991, 3:21 p.m.

TRD-9108230

   
   


Tuesday, November 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 agenda,
the division will hold a hearing on the merits scheduled in Docket
Number 10141-application of Rayburn Country Electric Cooperative,
Inc. to amend Certificate of Convenience and Necessity for proposed
transmission line within Anderson, Cherokee, Henderson, Kaufman,
Rusk, Smith and Van Zandt Counties.

Contact: Mary Ross McDonald, 7800 Shoal
Creek Boulevard, Austin, Texas 78757, (512) 458-0100.

Filed: July 9, 1991, 3:07 p.m.

TRD-9108177

   
   


Tuesday, November 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 agenda,
the division will hold a hearing on the merits scheduled in Docket
Number 10161-application of Southwestern Electric Power Company
to amend Certificate of Convenience and Necessity for proposed
transmission line within Wood, Smith, and Van Zandt Counties.

Contact: Mary Ross McDonald, 7800 Shoal
Creek Boulevard, Austin, Texas 78757, (512) 458-0100.

Filed: July 9, 1991, 3:08 p.m.

TRD-9108178

   
   


Texas Rehabilitation Commission


Monday, July 22, 1991,
10 a.m. The Governor's Committee for Disabled
Persons of the Texas Rehabilitation Commission will meet at 603
Mississippi Avenue, El Paso. According to the agenda summary,
the committee will give Judge Governor's Employment Awards; review
current awards program to assure compatibility with ADA; and
discuss old business and new business.

Contact: Virginia Roberts, 4900 North Lamar
Boulevard, Austin, Texas, (512) 483-4380.

Filed: July 9, 1991, 10:25 a.m.

TRD-9108156

   
   


Texas National Research
Laboratory Commission


Wednesday, July 17,
1991, 10 a.m. The Government Affairs
Committee, Standing Commission Committee of the Texas National
Research Laboratory Commission will meet at the InforMart Exhibition
Hall, Room 7015, Oak Lawn at Stemmons Freeway, Dallas. According
to the agenda summary, the committees will take roll call of
members; hear chairman's report-Martha Smiley; status reports
(mitigation issues, regional funding, congressional/legislative
development); staff reports; hear public comments; and adjourn.

Contact: Karen Chrestay, 1801 North Hampton
Road, #400, DeSoto, Texas 75115, (214) 709-3800.

Filed: July 9, 1991, 5:21 p.m.

TRD-9108196


Wednesday, July 17,
1991, 11 a.m. The Site Acquisition
and Development Committee and Standing Commission Committee of
the Texas National Research Laboratory Commission will meet at
the InfoMart Exhibition Hall, Room 6052, Oak Lawn at Stemmons
Freeway, Dallas. According to the agenda summary, the committees
will take roll call of members; hear chairman's report-Charles
R. Perry; hear staff reports; contractor reports; public comment;
and adjourn.

Contact: Karen Chrestay, 1801 North Hampton
Road, #400, DeSoto, Texas 75115, (214) 709-3800.

Filed: July 9, 1991, 5:22 p.m.

TRD-9108198


Wednesday, July 17,
1991, 1 p.m. The Texas National
Research Laboratory Commission will meet at the InfoMart Exhibition
Hall, Room 7014, Oak Lawn at Stemmons Freeway, Dallas. According
to the agenda summary, the commission will call the meeting to
order-Martha Smiley, Vice Chairman; take roll call of members;
hear public comments; SSC status report-Joseph Cipriano; meet
in executive session to discuss land acquisition; hear vice chairman's
report-Martha Smiley; executive director's report-Edward C. Bingler;
general counsel's report-Michael J. Shearn; Finance-Peter O'Donnell;
government affairs-M. Smiley; personnel, procurement, and minority
affairs-Jerome Johnson; site acquisition and development-Charles
R. Perry; and adjourn.

Contact: Karen Chrestay, 1801 North Hampton
Road, #400, DeSoto, Texas 75115, (214) 709-3800.

Filed: July 9, 1991, 5:22 p.m.

TRD-9108197

   
   


Teacher Retirement System
of Texas


Wednesday, July 10,
1991, 7:30 a.m. The Board of Trustees
Executive Search Committee of the Teacher Retirement System of
Texas held an emergency meeting at Four Seasons Hotel, 98 San
Jacinto Boulevard, Austin. According to the agenda, the committee
held an executive session to discuss the employment of Chief
Investment Officer. The emergency status was necessary because
this was the only time the committee members could meet.

Contact: Mary Godzik, 1000 Red River, Austin,
Texas 78701-2698, (512) 397-6400.

Filed: July 9, 1991, 10:35 a.m.

TRD-9108157

   
   


Wednesday, July 17,
1991, 2 p.m. The Retirees Advisory
Committee of the Teacher Retirement System of Texas will meet
at 1000 Red River, Fifth Floor Board Room, Austin. According
to the agenda, the committee will consider Texas Performance
Review recommendations affecting the Texas Public School Retired
Employees Group Insurance Program (TRS-Care).

Contact: Stan Blake, 1000 Red River, Austin,
Texas 78701-2698, (512) 397-6394.

Filed: July 9, 1991, 3:21 p.m.

TRD-9108181

   
   


Texas State Treasury
Department


Tuesday, July 23, 1991,
1:30 p.m. The Texpool Advisory Board of the
Texas State Treasury Department will meet at the Texas State
Treasury, 111 East 17th Street, LBJ Office Building, Austin.
According to the complete agenda, the board will call the meeting
to order; discuss approval minutes of February 12, 1991 meeting;
introduction of the State Treasurer and staff; remarks by the
State Treasurer; introduction of new and current advisory board
members; investment report; operations and financial report;
fiscal 1991 budget update; consideration of new TexPool Board
organization; and new business and instructions from the board.

Contact: Anne L. Schwartz, 111 East 17th
Street, Austin, Texas 78701, (512) 463-5971.

Filed: July 10, 1991, 1:04 p.m.

TRD-9108214

   
   


University of Texas
System, M. D. Anderson
Cancer Center


Tuesday, July 16, 1991,
9 a.m. The Institutional Animal Care and
Use Committee of the University of Texas System, M. D. Anderson
Cancer Center will meet at the M. D. Anderson Cancer Center,
Conference Room AW7.707, Seventh Floor, 1515 Holcombe Boulevard,
Houston. According to the agenda summary, the committee will
review protocols for animal care and use and modification thereof.

Contact: Anthony Mastromarino, Ph.D., U.T.
M.D. Anderson Cancer Center, 1515 Holcombe Boulevard, Houston,
Texas 77030, (713) 792-3991.

Filed: July 10, 1991, 2:05 p.m.

TRD-9108222

   
   


Texas Water Commission


Wednesday, July 10,
1991, 9 a.m. The Texas Water Commission
held an emergency meeting at the Stephen F. Austin Building,
1700 North Congress Avenue, Room 118, Austin. According to the
agenda summary, the commission considered various matters within
the regulatory jurisdiction of the commission. In addition, the
commission considered 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 have taken 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 is necessary.

Contact: Doug Kitts, P.O. Box 13087, Austin,
Texas 78711, (512) 463-7898.

Filed: July 9, 1991, 4:03 p.m.

TRD-9108189


Friday, July 19, 1991,
10 a.m. The Texas Water Commission will meet
at the Stephen F. Austin Building, 1700 North Congress Avenue,
Room 123, Austin. According to the agenda summary, the commission
will consider the executive director's report on agency administration,
policy, budget procedures, and personnel matters.

Contact: Doug Kitts, P.O. Box 13087, Austin,
Texas 78711, (512) 463-7898.

Filed: July 9, 1991, 4:04 p.m.

TRD-9108190


Monday, August 12, 1991,
10 a.m. The Texas Water Commission will meet
at the Stephen F. Austin Building, 1700 North Congress Avenue,
Room 1030, Austin. According to the agenda summary, the commission
will hold a hearing on Lamar Water Supply Corporation's rate
increase.

Contact: Heidi Jackson, P.O. Box 13087,
Austin, Texas 78711, (512) 463-7875.

Filed: July 10, 1991, 4:55 p.m.

TRD-9108245


Monday, August 12, 1991,
10 a.m. 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 commission
will hold a hearing on the Town of Hackberry Water Company's
water rate increase to out-of-city customers. Docket Number 9097-W.

Contact: Kerry D. Sullivan, P.O. Box 13087,
Austin, Texas 78711, (512) 463-7875.

Filed: July 10, 1991, 4:55 p.m.

TRD-9108244


Thursday, August 15,
1991, 10 a.m. The Texas Water Commission
will meet at the Stephen F. Austin Building, 1700 North Congress
Avenue, Room 543, Austin. According to the agenda summary, the
commission will hold a hearing on an appeal filed with the commission
protesting Beck-Jiba Water Supply Corporation's charges for new
connections in Kaufman County. Docket Number 9135-X.

Contact: Sally C. Colbert, P.O. Box 13087,
Austin, Texas 78711, (512) 463-7875.

Filed: July 10, 1991, 4:56 p.m.

TRD-9108247


Monday, August 19, 1991,
10 a.m. The Texas Water Commission will meet
at the Stephen F. Austin Building, 1700 North Congress Avenue,
Room 543, Austin. According to the agenda summary, the commission
will hold a hearing on Five Land, Inc.'s application for a water
certificate of convenience and necessity (CCN) to provide water
utility service in Grimes County. The proposed service area is
approximately six miles southwest of downtown Iola, and generally
bounded on the north by Johnson Ranch, on the south by Grimes
County Road #170, on the east by FM 244, and on the west by Johnson
Ranch.

Contact: Leslie A. Limes, P.O. Box 13087,
Austin, Texas 78711, (512) 463-7875.

Filed: July 10, 1991, 4:57 p.m.

TRD-9108248


Monday, August 19, 1991,
10 a.m. The Texas Water Commission will meet
at the Stephen F. Austin Building, 1700 North Congress Avenue,
Room 1030, Austin. According to the agenda summary, the commission
will hold a hearing on a rate increase of Roger A. VanVoorhees
and Norman O. Deike doing business as Magic Enterprises for water
utility service in Burnet County. Docket Number 9068-G.

Contact: William Clay Harris, P.O. Box 13087,
Austin, Texas 78711, (512) 463-7875.

Filed: July 10, 1991, 4:56 p.m.

TRD-9108246


Friday, August 23, 1991,
10 a.m. The Texas Water Commission will meet
at the Stephen F. Austin Building, 1700 North Congress Avenue,
Room 1030, Austin. According to the agenda summary, the commission
will hold a hearing on Wayne White doing business as Heritage
Estates Water System, Inc.'s application to cease operations
and discontinue providing water utility service in Lubbock County.
The water utility service area is located approximately two miles
southwest of Lubbock and generally bounded by 34th Street and
50th Street, and Danforth Avenue and Zeeland Avenue.

Contact: Joseph W. O'Neal, P.O. Box 13087,
Austin, Texas 78711, (512) 463-7858.

Filed: July 10, 1991, 4:57 p.m.

TRD-9108249

   
   


Texas Water Development
Board


Wednesday, July 17,
1991, 2:30 p.m. The Audit Committee
of the Texas Water Development Board will meet at the Stephen
F. Austin Building, 1700 North Congress Avenue, Room 513-F, Austin.
According to the complete agenda, the committee will be briefed
on the FYE August 31, 1991 audit; consider approval of the minutes
of the March 13, 1991 committee meeting; be briefed on a draft
report that pertains to the purchasing function; hold preliminary
discussions pertaining to the Internal Auditor annual plan for
the year ending August 31, 1992; and committee input into areas
of concern/concentration will be integrated into the annual plan.

Contact: Craig Pedersen, P.O. Box 13231,
Austin, Texas 78711, (512) 463-7847.

Filed: July 9, 1991, 3:56 p.m.

TRD-9108185


Wednesday, July 17,
1991, 3:30 p.m. The Finance Committee
of the Texas Water Development Board will meet at the Stephen
F. Austin Building, 1700 North Congress Avenue, Room 513, Austin.
According to the complete agenda, the committee will consider
approval of the minutes of the June 20, 1991 meeting; may discuss
items on the agenda of the July 18, 1991 board meeting; be briefed
on the Upper Trinity Regional Water District's application for
water supply account and state participation funds; briefed on
financial assistance for restructuring distressed water district
bonds; and discuss proposed sale of Texas Water Development Bonds.

Contact: Craig Pedersen, P.O. Box 13231,
Austin, Texas 78711, (512) 463-7847.

Filed: July 9, 1991, 3:56 p.m.

TRD-9108186


Thursday, July 18, 1991,
9 a.m. The Texas Water Development Board
will meet at the Stephen F. Austin Building, 1700 North Congress
Avenue, Room 118, Austin. According to the agenda summary, the
board will consider the minutes of June 20, 1991 meeting; development
fund manager's report; extension of commitment for City of Denver
City; authorizing the executive administrator to amend Cameron
County WCID contract to increase budget and scope; authorizing
the executive administrator to execute agreement with the Advisory
Council on Historic Preservation, the Texas State Historic Preservation
officer and El Paso County Lower Valley Water District Authority
for the Socorro wastewater project; setting SRF lending rate
scale; financial assistance for Isaacson Municipal Utility District,
Fayette County WCID, and Cities of Westover Hills, San Saba and
Lovelady; and adoption of new 31 TAC Chapter 355 and repeal of
present Chapter 355 rules.

Contact: Craig Pedersen, P.O. Box 13231,
Austin, Texas 78711, (512) 463-7847.

Filed: July 10, 1991, 3:53 p.m.

TRD-9108236

   
   


Texas Water Resources
Finance Authority


Wednesday, July 17,
1991, 3:30 p.m. The Finance Committee
of the Texas Water Resources Finance Authority will meet at the
Stephen F. Austin Building, 1700 North Congress Avenue, Room
513, Austin. According to the complete agenda, the committee
will consider approval of the minutes of June 20, 1991 meeting;
and may discuss any items on the agenda of the July 18, 1991
meeting.

Contact: Craig Pedersen, P.O. Box 13231,
Austin, Texas 78711, (512) 463-7847.

Filed: July 9, 1991, 3:56 p.m.

TRD-9108187


Thursday, July 18, 1991,
9 a.m. The Texas Water Resources Finance
Authority will meet at the Stephen F. Austin Building, 1700 North
Congress Avenue, Room 118, Austin. According to the complete
agenda, the authority will consider approval of the minutes of
the meeting of June 20, 1991; consider adoption of the budget
for the authority for payment of expenses incurred from August
16, 1991 through February 15, 1992; and be briefed on the status
of the sale of the authority's loan portfolio.

Contact: Craig Pedersen, P.O. Box 13231,
Austin, Texas 78711, (512) 463-7847.

Filed: July 10, 1991, 3:54 p.m.

TRD-9108237

   
   


Texas Workers' Compensation
Insurance Facility


Thursday, July 18, 1991,
9 a.m. The Governing Committee of the Texas
Workers' Compensation Insurance Facility will meet at the Red
Lion Austin Airport, 6121 IH-35 North, Austin. According to the
complete agenda, the committee will approve minutes; consideration
of report of: Ad Hoc Committee on Rating Plans; Ad Hoc Committee
on Credit, Underwriting and Anti-fraud; Ad Hoc Committee on Loss
Control and Safety; consideration of request for reimbursement
of servicing carrier; report on tax status; report of Actuarial
Committee; Accounting Committee; review of retro factors for
ARRP; and staff recommendations regarding collections.

Contact: Miles L. Mathews, 8303 MoPac Expressway,
Suite 310, Austin, Texas 78759-8396, (512) 345-1222.

Filed: July 9, 1991, 5:21 p.m.

TRD-9108195

   
   


Regional Meetings


Meetings Filed July 9, 1991


The Denton Central Appraisal
District Board of Directors will meet at 3911 Morse
Street, Denton, July 18, 1991, at 4 p.m. Information may be obtained
from John D. Brown, 3911 Morse Street, Denton, Texas 76205, (817)
566-0904. TRD-9108163.


The Ellis County Appraisal
District Board of Directors will meet at 406 Sycamore
Street, Waxahachie, July 23, 1991, at 7 p.m. Information may
be obtained from R. Richard Rhodes, Jr., P.O. Box 878, Waxahachie,
Texas 75165, (214) 937-3552. TRD-9108159.


The Golden Crescent
Service Delivery Area Private Industry
Council, Inc. met at 2401 Houston Highway, Victoria, July 15,
1991, at 6 p.m. Information may be obtained from Sandy Heiermann,
2401 Houston Highway, Victoria, Texas 77901, (512) 576-5872.
TRD-9108166.


The Golden Crescent
Service Delivery Area Private Industry
Council, Inc. met at 2401 Houston Highway, Victoria, July 15,
1991, at 7 p.m. Information may be obtained from Sandy Heiermann,
2401 Houston Highway, Victoria, Texas 77901, (512) 576-5872.
TRD-9108167.


The Golden Crescent
Service Delivery Area Private Industry
Council, Inc. met at 2401 Houston Highway, Victoria, July 17,
1991, at 6:30 p.m. Information may be obtained from Sandy Heiermann,
2401 Houston Highway, Victoria, Texas 77901, (512) 576-5872.
TRD-9108168.

   
   


Meetings Filed July 10, 1991


The Austin-Travis County
Mental Health and Mental
Retardation Center Finance and Control Committee
held an emergency meeting at 1430 Collier Street, Austin, July
11, 1991, at 8 a.m. The emergency status was necessary as committee
needed immediate approval for September 1, 1991 implementation
of new client data software. Information may be obtained from
Sharon Taylor, 1430 Collier Street, Austin, Texas 78704, (512)
447-4141. TRD-9108213.


The Austin-Travis County
Mental Health and Mental
Retardation Center Executive Committee/Finance
and Control Committee met at 1430 Collier Street, Austin, July
11, 1991, at 8 a.m. The emergency revised agenda was necessary
to get immediate approval for September 1, 1991 implementation
of new client data software. Information may be obtained from
Sharon Taylor, 1430 Collier Street, Austin, Texas 78704, (512)
447-4141. TRD-9108231.


The Barton Springs/Edwards
Acquifer Conservation District
Board of Directors met at 1124 A Regal Row, Austin, July 15,
1991, at 5 p.m. Information may be obtained from Bill E. Couch,
1124 A Regal Row, Austin, Texas 78748, (512) 282-8441. TRD-9108219.


The Brazos Valley Development
Council Executive Committee will meet at the Council
Offices, 3006 East 29th Street, Door Number Two, Bryan, July
18, 1991, at 1:30 p.m. (revised agenda). Information may be obtained
from Glenn J. Cook, P.O. Drawer 4128, Bryan, Texas 77805-4128,
(409) 776-2277. TRD-9108202.


The Central Appraisal
District of Taylor County
Appraisal Review Board will meet at 1534 South Treadaway Street,
Abilene, July 15-19, 1991, at 1: 30 p.m. Information may be obtained
from Richard Petree, P.O. Box 1800, Abilene, Texas 79602, (915)
677-1711. TRD-9108243.


The Deep East Texas
Council of Governments Grants Application
Review Committee will meet at Twitty's Restaurant, Highway 87
North, Hemphill, July 18, 1991, at 11 a.m. Information may be
obtained from Tas McGraw, 274 East Lamar Street, Jasper, Texas
75951, (409) 384-5704. TRD-9108206.


The Guadalupe-Blanco River
Authority Board of Directors will meet at the Authority's
Offices, 933 East Court Street, Seguin, July 18, 1991, at 10
a.m. Information may be obtained from John H. Specht, P.O. Box
271, Seguin, Texas 78156-0271, (512) 379-5822. TRD-9108205.


The Harris County Appraisal
District Board of Directors will meet at 2800 North
Loop West, Eighth Floor, Houston, July 17, 1991, at 9:30 a.m.
Information may be obtained from Margie Hilliard, P.O. Box 920975,
Houston, Texas 77292, (713) 957-5291. TRD-9108227.


The Hickory Underground
Water Conservation District Number
One Board and Advisors will meet at 2023 South Bridge
Street, Brady, July 17, 1991, at 7 p.m. Information may be obtained
from Lorna Moore, P.O. Box 1214, Brady, Texas 76825, (915) 597-2785.
TRD-9108203.


The Hood County Appraisal
District Appraisal Review Board met at 1902 West Pearl
Street, Granbury, July 15, 1991, at 8:30 a.m. Information may
be obtained from Harold Chesnut, P.O. Box 819, Granbury, Texas
76048-0819. TRD-9108210.


The Hood County Appraisal
District Appraisal Review Board met at 1902 West Pearl
Street, Granbury, July 15, 1991, at 8:30 a.m. Information may
be obtained from Harold Chesnut, P.O. Box 819, Granbury, Texas
76048-0819. TRD-9108201.


The Houston-Galveston Area
Council Projects Review Committee will meet at 3555
Timmons Lane, Fourth Floor, Board of Directors Conference Room,
Houston. Information may be obtained from Rowena Ballas, 3555
Timmons Lane, Houston, Texas 77027, (713) 627-3200. TRD-9108211.


The Houston-Galveston Area
Council Board of Directors will meet at 3555 Timmons
Lane, Fourth Floor Conference Room, Houston. Information may
be obtained from Marjorie Baker, P.O. Box 22777, Houston, Texas
77227-2777, (713) 627-3200. TRD-9108212.


The Lamar County Appraisal
District Board will meet at the Lamar County Appraisal
District Office, 521 Bonham Street, Paris, July 16, 1991, at
5 p.m. Information may be obtained from Joe Welch, 521 Bonham
Street, Paris, Texas 75460, (214) 785-7822. TRD-9108220.


The Lamar County Appraisal
District Appraisal Review Board will meet at the Lamar
County Appraisal District Office, 521 Bonham Street, Paris, July
18, 1991, at 9 a.m. Information may be obtained from Joe Welch,
521 Bonham Street, Paris, Texas 75460, (214) 785-7822. TRD-9108221.


The Mason County Appraisal
District will meet at 206 Fort McKavitt Street, Mason,
July 17, 1991, at 7:30 p.m. Information may be obtained from
Deborah Geistweidt, P.O. Box 1119, Mason, Texas 76856, (915)
347-5989. TRD-9108204.


The Region IV Education
Service Center Board of Directors will hold
an emergency meeting at the Region IV Education Service Center,
Board Room, 7145 West Tidwell Road, Houston, July 17, 1991, at
1 p.m. The emergency status is necessary as action needs to taken
on bid item before the next regular board meeting. Information
may be obtained from W. L. McKinney, 7145 West Tidwell, Houston,
Texas 77001, (713) 462-7708. TRD-9108240.

   
   


Meetings Filed July 11, 1991


The Deep East Texas
Council of Governments Board of
Directors will meet at Twitty's Restaurant, Highway 87 North,
Hemphill, July 18, 1991, at 1 p.m. Information may be obtained
from Joan Draper, 274 East Lamar Street, Jasper, Texas 75951,
(409) 384-5704. TRD-9108257.


The Limestone County
Appraisal District Board of Directors will
meet on the Second Floor, Groesbeck, July 17, 1991, at 5:10 p.m.
Information may be obtained from Clydene Hyden, P.O. Drawer 831,
Groesbeck, Texas 76642, (817) 729-3009. TRD-9108254.


The Lower Neches Valley
Authority Board of Directors will meet at the LNVA
Office Building, 7850 Eastex Freeway, Beaumont, July 16, 1991,
at 10:30 a.m. Information may be obtained from A. T. Hebert,
Jr., P.O. Drawer 3464, Beaumont, Texas 77704, (409) 892-4011.
TRD-9108258.


The Riceland Regional
Mental Health Authority Board of
Trustees will meet at 3007 North Richmond Road, Wharton, July
18, 1991, at 2 p.m. Information may be obtained from Marjorie
Dornak, 3007 North Richmond Road, Wharton, Texas 77488, (409)
532-3098. TRD-9108256.


The San Patricio County
Appraisal District Board of Directors met
at 1146 East Market Street, Sinton, July 11, 1991, at 9:30 a.m.
The emergency status was necessary as the submission form was
mailed incorrectly due to wrong zip code, and the budget needed
to be addressed today. Information may be obtained from Kathryn
Vermillion, P.O. Box 938, Sinton, Texas 78387, (512) 364-5402.
TRD-9108253.


The Scurry County Appraisal
District Appraisal Review Board will meet at 2612 College
Avenue, Snyder, July 15-16, 1991, at 9 a.m. Information may be
obtained from L. R. Peveler, 2612 College Avenue, Snyder, Texas
79549, (915) 573-8549. TRD-9108255.

   
   

ISSUE OFJuly 16, 1991" 
In Addition

The Texas Register is required
by statute to publish certain documents, including applications
to purchase control of state banks, notices of rate ceilings,
changes in interest rate and applications to install remote service
units, and consultant proposal requests and awards.

To aid agencies in communicating information quickly and effectively,
other information of general interest to the public is published
as space allows.



Texas Air Control Board


Notice of Contested Case Hearing


An examiner for the Texas Air Control Board (TACB) will conduct
a contested case hearing to consider whether to not a construction
permit should be issued to Oryx Energy Company (the applicant)
to construct an emergency flare stack at the Caldwell-Brackenridge
Unit Tank Battery #2, located 0.32 miles southeast of the intersection
of State Highway 180 and FM Road 287, Breckenridge, Stephens
County.

Deadline for Requesting
to be a Party.
At the hearing, only
those persons admitted as
parties and their witnesses
will be allowed to participate.
Presently, the only prospective
parties are the applicant
and the TACB staff. Any
person who may be affected
by emissions from the
proposed facility who wants
to be made a party
must send a specific
written request for party
status to Hearings Examiner
Cindy Hurd and make sure
that this request is
actually received at the
TACB Central Office, 12124
Park 35 Circle, Austin,
Texas 78753 by 5 p.m.
on July 24, 1991. The
examiner cannot grant party
status after that deadline,
unless there is good
case for the request
arriving late. Hearing requests,
comments, or other correspondence
sent to the TACB before
publication of this notice
will not be considered
as a request for party
status. The examiner will
decide on party status
at the prehearing conference.

Prehearing Conference.
The examiner has scheduled
a prehearing conference at
1:30 p.m. on Thursday,
August 8, 1991, at the
TACB Central Office, Room
143-E, 12124 Park 35
Circle, Austin, Texas 78753.
At this conference, the
examiner will consider any
motions of the parties,
but may grant contested
motions for continuance only
upon proof of good cause.
The examiner will also
establish a specific date
prior to the hearing
on the merits for the
exchange of written and
documentary evidence.

Time and Place of
Hearing. The examiner
has set the hearing to
begin at 1:30 p.m. on
Tuesday, August 20, 1991,
at the TACB Central Office,
Room 143-E, 12124 Park
35 Circle, Austin, Texas
78753.

What the Applicant Must
Prove. This hearing
is a contested case hearing
under the Administrative Procedure
and Texas Register Act,
sec.13, Texas Civil Statutes,
Article 6252-13a. It is
generally conducted like a
trial in district court.
The applicant must demonstrate,
by a preponderance of
the evidence, that the
proposed facility will meet
the requirements of the
Texas Clean Air Act,
sec.382.051, Chapter 382, Texas
Health and Safety Code
(the Act), and TACB 
s116.3. These requirements include
compliance with all applicable
TACB and federal regulations,
including the requirement that
the proposed facility will
use the best available
control technology, considering
the technical practicability and
economic reasonableness of reducing
or eliminating emissions.

Public Attendance and
Testimony. Members of
the general public may
attend the prehearing conference
and the hearing. Those
who plan to attend are
encouraged to telephone the
TACB Central Office in
Austin, at (512) 908-1770,
a day or two prior
to the prehearing conference
and the hearing dates
in order to confirm the
settings, since continuances are
sometimes granted. Any person
who wants to give testimony
at the hearing, but who
does not want to be
a party, may call the
TACB Hearings Section of
the Legal Division at
(512) 908-1770, to find
out the names and addresses
of all persons who may
be contacted about the
possibility of presenting testimony.

Information About the
Application and TACB Rules
. Information about the
application and copies of
the TACB's rules and
regulations are available at
the TACB Regional Office
located at 120 South
Willis, Suite 205, Abilene,
Texas 79605, the TACB
Central Office located at
12124 Park 35 Circle,
Austin, Texas 78753, and
at the Breckenridge City
Hall office located at
120 West Elm, Breckenridge,
Texas 76024.

Legal Authority.
This hearing is called
and will be conducted
under the authority of
the Act, sec.sec.382.029, 382.030,
382.031, 382.051, and 382.056
and TACB Procedural Rules
103.11(3), 103.31, and 103.41.


Issued in Austin, Texas, on July 3, 1991.

TRD-9108089

Steve Spaw, P.E.

Executive Director

Texas Air Control Board

Filed: July 8, 1991

For further information, please call: (512) 908-1772

   
   


Texas Department of Human Services


Correction of Public Notice


The Texas Department of Human Services (TDHS) is publishing
a correction to a public notice regarding implementation of the
Omnibus Budget Reconciliation Act of 1990 (OBRA '90) sec.4711
as published in the June 25, 1991, issue of the Texas
Register (16 TexReg
3552). The statement "The
increase in annual aggregate
expenditures for fiscal year
1992 is estimated to
be ($681,401)" should have
read "The net decrease
in annual aggregate expenditures
for fiscal year 1992
is estimated to be ($618,401)."


Issued in Austin, Texas, on June 27, 1991.

TRD-9108099

Nancy Murphy

Agency liaison, Policy and Document Support

Texas Department of Human Services

Filed: July 8, 1991

For further information, please call: (512) 450-3765

   
   


Correction to Notice of Public Hearing


The Texas Department of Human Services (TDHS) will not receive
comments on the department's proposed reimbursement rates for
the Case Management for High-risk Pregnant Women and High-risk
Infants Program at the public hearing to be held on July 5, 1991.
If there are questions concerning this change, contact Kathy
E. Hall, MC E-601, P.O. Box 149030, Austin, Texas 78714-9030,
(512) 450-3702.


Issued in Austin, Texas, on June 27, 1991.

TRD-9108100

Nancy Murphy

Agency liaison, Policy and Document Support

Texas Department of Human Services

Filed: July 8, 1991

For further information, please call: (512) 450-3765

   
   


Public Notice of Closed Solicitation


Pursuant to Title 2, Chapters 22 and 32, of the Human Resources
Code 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 closing
the solicitation for new
Medicaid beds in Duval
County, County Number 066,
Jim Hogg County, County
Number 124, which appeared
in the November 21, 1989,
issue of the Texas
Registera (14 TexReg
6144) and Zapata County,
County Number 253, which
appeared in the May 17,
1991, issue of the 
Texas Register (16
TexReg 2777).

These solicitations are being closed effective the date of
this public notice.


Issued in Austin, Texas, on July 10, 1991.

TRD-9108209

Nancy Murphy

Agency liasion, Policy and Document Support

Texas Department of Human Services

Filed: July 10, 1991

For further information, please call: (512) 450-3765

   
   


Request for Proposals


The Texas Department of Human Services (DHS) is inviting proposals
for nutrition education workshop instructors.

Description of Services.
 Dietitians are needed
to conduct nutrition education
workshops, evaluate materials,
attend two training workshops
per year, and assist
in the development of
materials for the Nutrition
Education and Training (NET)
program. Services will be
required on a variable
basis depending on the
number and type of workshops
planned for each dietitian's
area.

Closing Date. Proposals
must be received by 5
p.m., August 25, 1991.

Term of Contract.
The contract period is
October 1, 1991-September 30,
1992.

Contact person. For
more information, please call
or write Brenda Miller
(512) 450-3391 or Deborah
Simpson (512) 450-4816, NET
Program MC W-313, P.
O. Box 149030, Austin,
Texas 78714-9030.

RFP packets are now available.

Procedures of Selection.
 A screening form
will be used to select
applicants. Applicants that are
considered for selection will
be scheduled for an interview.


Issued in Austin, Texas, on July 10, 1991.

TRD-9108208

Nancy Murphy

Agency liaison Policy and Document Support

Texas Department of Human Services

Filed: July 10, 1991

For further information, please call: (512) 450-3765

   
   


State Board of Insurance


Company Licensing


The following applications have been filed with the State
Board of Insurance and are under consideration.

1. Application for Admission to do business in Texas
for Bankers Life of Louisiana, a foreign life insurance company.
The home office is in Ruston, Louisiana.

2. Application for Admission to do business in Texas
for Titan Insurance Company, a foreign fire insurance company.
The home office is in Phoenix, Arizona.

3. Application for name change by Hansa Marine Insurance
Company Limited (United States Branch), a foreign fire insurance
company. The home office is in Stockholm, Sweden. The proposed
new name is Trygg-Hansa Insurance Company Limited (United States
Branch).


Issued in Austin, Texas, on July 5, 1991.

TRD-9108115

Nicholas Murphy

Chief Clerk

State Board of Insurance

Filed: July 8, 1991

For further information, please call: (512) 463-6327

   
   


Texas Parks and Wildlife Department


Notice of Public Hearing


Notice is hereby given that Barrow-Shaver Resources Company,
712 First City Place, 100 East Ferguson Street, Tyler, Texas
75702, has made application for a surface easement to drill an
oil/gas well under its oil and gas leases from the Texas Parks
and Wildlife Department in the Felix Flores League, A-9, Tyler
State Park, Smith County.

The executive director of the department has appointed a hearing
examiner to conduct a hearing as authorized by the Texas Parks
and Wildlife Code, Chapter 26, as follows: August 2, 1991, 10
a.m., Room C-200, Texas Parks and Wildlife Department, Headquarters
Building, 4200 Smith School Road, Austin, Texas 78744.

The applicant may appear in person or by attorney to present
evidence supporting its application. This hearing will be held
under the authority of an in accordance with the Texas Parks
and Wildlife Code, Chapter 26, and the Administrative Procedure
and Texas Register Act, Texas Civil Statutes, Article 6252-13a
(Vernon Supplement 1991).

The record of this proceeding will include evidence and testimony
taken at the public hearing. Evidence or testimony may be presented
orally or in writing, subject to the requirements of the Administrative
Procedure and Texas Register Act. 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 right to schedule or reschedule hearings
as necessary. Further information concerning the basis of this
proceeding, if available, may be obtained by contacting John
Foshee, Land Management Counsel, Texas Parks and Wildlife Department,
4200 Smith School Road, Austin, Texas 78744, (512) 389-4806.

Information concerning any procedures of the hearing or scheduling
may be obtained by contacting the undersigned at the Texas Parks
and Wildlife Department, 4200, Smith School Road, Austin, Texas
78744, (512) 389-4867.


Issued in Austin, Texas, on July 9, 1991.

TRD-9108169

Jennifer Mellett

Hearing Examiner

Texas Parks and Wildlife Department

Filed: July 9, 1991

For further information, please call: (512) 389-4867

   
    

Texas Water
Commission


Correction of Error


The Texas Water Commission submitted adopted new 31 TAC 
ssec.307.2-307.10, concerning Texas surface water quality
standards for publication in the June 25, 1991, issue of the
Texas Register.

In sec.307.2(d)(4), the phrase "United States Environmental
Protection Agency and the" should be deleted. On line 18 following
the sentence which ends "... permit" a new sentence added to
read "A temporary variance for an NPDES permit will also require
approval by the United States Environmental Protection Agency.
" In sec.307.4(h)(1) on line 44 the word "occur" should be
deleted.

The Texas Register
omitted printing the introduction
to Appendix B on page
3465, Low Flow Criteria.
It should read as follows.

"The flow value listed for each Texas Water Commission Stream
Monitoring Network (SMN) Station represents the statistically
calculated seven-day two-year low flow (7Q2). The 7Q2 is the
lowest average flow for seven consecutive days with a recurrence
interval of two years. The calculated values are based on USGS
period of record streamflow data for establishing gauging stations.
Where USGS stream gauging stations are not present, low flow
values have been estimated by using data from nearby stations
with similar hydrologic characteristics or from the best information
available. The 7Q2 values presented in appendix B are intended
as guidelines, and the 7Q2 flows used to set effluent limits
for discharges may be recalculated as additional data becomes
available."

The Texas Water Commission omitted information in the chart
in sec.307.10 on page 3444 entitled San Jacinto River Basin.
Segment 1015 should be inserted between Segments 1014 and 1016.


[graphic]

   
   


Enforcement Orders


Pursuant to the Texas Water Code, which states that if the
commission finds that a violation has occurred and a civil penalty
is assessed, the commission shall file notice of its decision
in the Texas Register
not later than the 10th
day after the date on
which the decision is
adopted, the following information
is submitted.

An enforcement order was issued to Disposal Systems Inc.,
(SWR Number 32299) on June 26, 1991, assessing $52,000 in administrative
penalties with $36,900 deferred and foregoned pending compliance.

Information concerning any aspect of this order may be obtained
by contacting Samita Mehta, Staff Attorney, Texas Water Commission,
P.O. Box 13087, Austin, Texas 78711-3087, (512) 463-8069.


Issued in Austin, Texas, on July 8, 1991.

TRD-9108191*

Laurie J. Lancaster

Notices Coordinator

Texas Water Commission

Filed: July 9, 1991

For further information, please call: (512) 463-7898

   
   


Texas Workers' Compensation Commission


Announcement of Public Hearing and Extension of Public Comment
Period


The Texas Workers' Compensation Commission has scheduled a
public hearing to solicit public comment on the Hospital and
Ambulatory Surgical Center Fee Guildlines under "old law," 28
TAC sec.42.110, and under "new law," sec.134.400. The public
hearing will be held on Wednesday, July 24 and will continue
until oral testimony is completed. The public hearing on Hospital
and Ambulatory Surgical Center Fee Guidelines will begin at 6
p.m. and will take place in the Tippy Foster Meeting Room 910,
in the Southfield Building at 4000 South IH 35, Austin, Texas
78704.

The 30-day public comment periods for sec.134.400 and 
s42.110 has been extended from July 4, until July 24, 1991.
The text of the proposed rules was published in the June 4, 1991,
issue of the Texas Register.

Depending upon attendance, a time limitation may be placed
on oral testimony. Written summaries of testimony will be accepted
and are encouraged.


Issued in Austin, Texas, on July 8, 1991.

TRD-9108081

Susan M. Kelley

General Counsel

Texas Workers' Compensation Commission

Filed: July 8, 1991

For further information, please call: (512) 440-3972

   
   


The Texas Workers' Compensation has scheduled a public hearing
to solicit public comment on the state risk management "new law"
rules, Chapter 170. The public hearing will be held on Wednesday,
July 24, and will continue until oral testimony is completed.
The public hearing will begin at 3 p.m. and will take place in
the Tippy Foster Meeting Room 910, in the Southfield Building
at 4000 South IH 35, Austin, Texas 78704.

The 30-day public comment periods for sec.sec.170.1, 170.2,
and 170.3 has been extended from July 4 until July 24, 1991.
The text of the proposed rules was published in the June 4, 1991,
issue of the Texas Register.

Depending upon attendance, a time limitation may be placed
on oral testimony. Written summaries of testimony will be accepted
and are encouraged.


Issued in Austin, Texas, on July 8, 1991.

TRD-9108082

Susan M. Kelley

General Counsel

Texas Workers' Compensation Commission

Filed: July 8, 1991

For further information, please call: (512) 440-3972

   
   


Correction of Error


The Texas Workers' Compensation Commission submitted 28 TAC
sec.11.106 for publication in the February 26, 1991, issue
of the Texas Register.

In the third paragraph of the notice in subsection (a), the
first sentence should read as follows.

"[Name of employer] esta cubierto por aseguranza de compensacion
al trabajador atraves de [name
of insurance carrier]
para su proteccion."

Also the commission's assigned toll free number should be
inserted in the first paragraph on page 1294. "1 (800) 252-7031."