ISSUE OFAugust 6, 1991" Volume 16, Number 58, August 6, 1991 Pages 4245-4301 Emergency Sections State Board of Insurance 4255-Property and Casualty Insurance 4256-Agents' Licensing Texas Department of Human Services 4259-Family Self-Support Services Proposed Sections Texas Department of Commerce 4261-Enterprise Zone Program Board of Vocational Nurse Examiners 4261-Administration 4262-Education 4262-Licensing Texas Board of Licensure for Nursing Home Administrators 4263-Education Polygraph Examiners Board 4263-General Rules of Practice and Procedure Texas Real Estate Commission 4264-Canons of Professional Ethics and Conduct 4264-Provisions of the Real Estate License Act 4265-Rules Relating to Certified Real Estate Appraisers Texas Air Control Board 4265-Control of Air Pollution from Visible Emissions and Particulate Matter Texas Department of Public Safety 4267-Organization and Administration 4268-All-Terrain Vehicle Operator Education and Certification Program Commission on Fire Protection Personnel Standards and Education 4268-Standards for Certification 4270-Fees 4271-Examinations for Certification 4273-Administrative Inspections and Penalties 4276-Adoptions by Reference Texas Department of Human Services 4276-Family Self-Support Services 4277-Child Protective Services 4277-Legal Services 4278-General Licensing Procedures Withdrawn Sections State Board of Dental Examiners 4281-Dental Laboratories Adopted Sections State Board of Dental Examiners 4283-Dental Laboratories Polygraph Examiners Board 4284-Polygraph Examiner Internship Texas Real Estate Commission 4284-Provisions of the Real Estate License Act 4285-Rules Relating to the Provisions of the Residential Service Company Act Employees Retirement System of Texas 4285-Insurance Texas Department of Public Safety 4285-Organization and Administration Texas Juvenile Probation Commission 4286-Texas Juvenile Probation Commission Texas Commission on Alcohol and Drug Abuse 4286-Licensure Open Meetings 4289-Texas Department of Agriculture 4289-State Bar of Texas 4290-Texas Board of Chiropractic Examiners 4290-Texas Education Agency 4290-Fire Department Emergency Board 4290-Texas Department of Health 4290-State Board of Insurance 4291-Texas Department of Licensing and Regulation 4291-Texas Council on Offenders With Mental Impairments 4291-Texas Department of Mental Health and Mental Retardation 4291-Texas Optometry Board 4292-Texas Department of Public Safety 4292-Public Utility Commission of Texas 4292-Railroad Commission of Texas 4292-The Texas A&M University System, Board of Regents 4293-Texas Southern University 4293-University Interscholastic League 4293-University of Texas System 4293-Texas Water Commission 4294-Regional Meetings In Addition Texas Air Control Board 4295-Notice of Public Hearing Texas Education Agency 4295-Public Hearing Employees Retirement System of Texas 4296-Texasaver 401(k) Plan Third Party Administration Services For The Employees Retirement System of Texas Texas Department of Health 4296-On-Site Treatment Research Request For Proposal Texas Department of Human Services 4297-Notice Regarding Disproportionate Share for Hospitals Providing High-Volume Medicaid Days 4297-Public Notice State Board of Insurance 4298-Company Licensing Texas Parks and Wildlife Department 4298-Correction of Error 4298-Notice of Public Hearings to Revoke Resident License Public Utility Commission of Texas 4299-Notices of Application To Amend Certificate of Convenience and Necessity 4299-Notice of Intent To File Pursuant to Public Utility Commission Substantive Rule 23.27 Texas Water Commission 4299-Enforcement Orders 4300-Notice of Application For Waste Disposal Permit CONTENTS CONTINUED INSIDE ISSUE OFAugust 6, 1991" TAC Titles Affected TAC Titles Affected-August The following is a list of the administrative rules that have been published this month. TITLE 4. AGRICULTURE Part II. Animal Health Commission 4 TAC sec.35.2--4223 TITLE 10. COMMUNITY DEVELOPMENT Part V. Texas Department of Commerce 10 TAC sec.176.8--4261 TITLE 16. ECONOMIC REGULATION Part I. Railroad Commission of Texas 16 TAC sec.11.201--4203 Part IV. Texas Department of Licensing and Regulation 16 TAC sec.69.208--4223 TITLE 22. EXAMINING BOARDS Part V. State Board of Dental Examiners 22 TAC sec.sec.116.1, 116.2, 116.4--4283 22 TAC sec.116.3--4283 Part XII. Board of Vocational Nurse Examiners 22 TAC sec.231.25, 231.48--4261 22 TAC sec.231.68--4262 22 TAC sec.233.41--4262 22 TAC sec.235.9, sec.235.18--4262 22 TAC sec.235.41--4263 Part XIII. Texas Board of Licensure for Nursing Home Administrators 22 TAC sec.247.2--4263 Part XIX. Polygraph Examiners Board 22 TAC sec.391.3--4284 22 TAC sec.397.40--4263 Part XXIII. Texas Real Estate Commission 22 TAC sec.531.18--4264 22 TAC sec.535.17--4284 22 TAC sec.535.66, sec.535.69--4264 22 TAC sec.535.91--4284 22 TAC sec.539.81--4285 22 TAC sec.sec.544.1-544.9--4265 TITLE 25. HEALTH SERVICES Part I. Texas Department of Health 25 TAC sec.31.1--4224 25 TAC sec.31.3--4224 Part II. Texas Department of Mental Health and Mental Retardation 25 TAC sec.sec.405.101-405.114--4203 TITLE 28. INSURANCE Part I. State Board of Insurance 28 TAC sec.5.6302--4255 28 TAC sec.sec.19.621-19.630--4256 TITLE 31. NATURAL RESOURCES AND CONSERVATION Part III. Texas Air Control Board 31 TAC sec.101.1--4207 31 TAC sec.111.111--4265 31 TAC sec.111.121, sec.111.127--4207 31 TAC sec.sec.111.141, 111.145, 111.147--4266 Part IX. Texas Water Commission 31 TAC sec.281.26--4208 31 TAC sec.305.49, sec.305.50--4210 31 TAC sec.sec.305.66--4213 31 TAC sec.sec.305.101-305.103, 305.107--4213 31 TAC sec.305.147, sec.305.148--4214 31 TAC sec.sec.331.63--4225 31 TAC sec.sec.331.121--4215 31 TAC sec.sec.331.147, 305.148-- 31 TAC sec.sec.335.1, 335.2--4218 31 TAC sec.335.43--4219 31 TAC sec.sec.335.180-335.183--4219 31 TAC sec.sec.335.202, 335.204, 335.205--4220 TITLE 34. PUBLIC FINANCE Part IV. Employees Retirement System of Texas 34 TAC sec.81.1--4285 TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part I. Texas Department of Public Safety 37 TAC sec.1.22--4267 37 TAC sec.1.231--4285 37 TAC sec.sec.33.2-33.4--4268 Part VIII. Commission on Fire Protection Personnel Standards and Education 37 TAC sec.233.5--4268 37 TAC sec.233.9--4269 37 TAC sec.233.113--4270 37 TAC sec.233.131--4270 37 TAC sec.239.7, sec.239.9--4270 37 TAC sec.sec.241.1, 241.3, 241.5, 241.7, 241.9, 241.11, 241.13, 241.15, 241.17--4271 37 TAC sec.sec.245.1, 245.3, 245.5, 245.7, 245.9, 245.11, 245.13, 245.15, 245.17, 245.19, 245.21--4273 37 TAC sec.247.1--4276 Part XI. Texas Juvenile Probation Commission 37 TAC sec.341.15--4286 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. Texas Department of Humans Services 40 TAC sec.10.2304--4259, 4276 40 TAC sec.27.2801--4225 40 TAC sec.47.6901--4225 40 TAC sec.49.601, sec.49.603--4277 40 TAC sec.sec.79.1701, 79.1702, 79.1704, 79.1709, 79.1713, 79.1714--4277 40 TAC sec.85.4013, sec.85.4021--4278 40 TAC sec.85.4050--4279 40 TAC sec.sec.85.4051-85.4057--4279 Part III. Texas Commission on Alcohol and Drug Abuse 40 TAC sec.151.72--4286 TITLE 43. TRANSPORTATION Part I. State Department of Highways and Public Transportation 43 TAC sec.7.72--4226 Emergency Sections An agency may adopt a new or amended section or repeal an existing section on an emergency basis if it determines that such action is necessary for the public health, safety, or welfare of this state. The section may become effective immediately upon filing with the Texas Register, or on a stated date less than 20 days after filing, for no more than 120 days. The emergency action is renewable once for no more than 60 days. Symbology in amended emergency sections. New language added to an existing section is indicated by the use of bold text. [Brackets] indicate deletion of existing material within a section. TITLE 28. INSURANCE Part I. State Board of Insurance Chapter 5. Property and Casualty Insurance Subchapter G. Workers' Compensation Insurance Sale of Substitutes [Alternatives] to Workers' Compensation Insurance 28 TAC sec.5.6302 The State Board of Insurance adopts on an emergency basis new sec.5.6302, concerning substitutes to workers' compensation insurance. An imminent peril to the public welfare requires adoption of the new section on an emergency basis in order that policies of insurance contain language that decreases the possibility that a consumer or policyholder may misunderstand the effect of an insurance policy. The new section is necessary to conform the requirements of the board's rules to legislative enactments concerning workers' compensation insurance. New sec.5.6302 is to replace former sec.5.6301, concerning the sale of alternatives to workers' compensation insurance. The new section provides that no person, agent, or entity may represent any policy of insurance as a substitute for a policy of workers' compensation insurance, nor may any person induce a subscriber to the workers' compensation system to become a non-subsubscriber in order to sell an insurance policy providing benefits to the employer's employees. Section 5.6302 further requires that all policies of insurance which provide benefits to employees shall include on the face page of the policy a notice indicating that the policy is not a policy of workers' compensation insurance and that the employer does not become a subscriber to the system by purchasing the policy. The new section also requires similar monitory language on policies of insurance, including surplus lines policies, which provide employers liability coverage or which indemnify employers for costs of employee injuries or sickness. This new section also requires a similar disclaimer to appear on certificates issued to the policyholder's employees. The new section is adopted on an emergency basis under the Insurance Code, Article 1.04, which authorizes the State Board of Insurance to determine rules in accordance with the laws of this state; under Texas Civil Statutes, Article 8308, sec.3.42, which allow an employer who is not required to have workers' compensation insurance to obtain insurance coverage on employees so long as the insurance is not represented as providing workers' compensation coverage as authorized by workers' compensation statutes; and under Texas Civil Statutes, Article 6252-13a, s4 and sec.5, which authorize and require each state administrative agency to adopt rules of practice setting forth the nature and requirements of available procedures, and which prescribe the procedure for the adoption of rules by any state administrative agency. sec.5.6302. Sale of Substitutes to Workers' Compensation Insurance. (a) No person, agent, or entity may represent any individual or group policy of insurance or other evidences of insurance coverage as a substitute for a policy of workers' compensation insurance nor may any person, agent, or entity represent to an employer that purchase of an individual or group insurance policy or other evidence of insurance coverage providing benefits to the employer's employees: (1) provides the same benefits for either the employee or the employer as are provided by workers' compensation insurance; or (2) limits such employees to a claim for benefits under such policies as the employees' sole remedy against the employer in the event the employee suffers a job related injury or disease. (b) All individual or group policies of insurance or other evidences of insurance coverage which provide benefits to employees and which are marketed to or through (on a franchise, list bill, or other collective basis) employers that have elected, or may in the future elect, to be non-subscribers to the workers' compensation system shall include the following statement in 10-point bold-face type on the first page of the policy and on the first page of all materials used in advertising, marketing, and explaining the policy: "THIS IS NOT A POLICY OF WORKERS' COMPENSATION INSURANCE. THE EMPLOYER DOES NOT BECOME A SUBSCRIBER TO THE WORKERS' COMPENSATION SYSTEM BY PURCHASING THIS POLICY, AND IF THE EMPLOYER IS A NON-SUBSCRIBER, THE EMPLOYER LOSES THOSE BENEFITS WHICH WOULD OTHERWISE ACCRUE UNDER THE WORKERS' COMPENSATION LAWS. THE EMPLOYER MUST COMPLY WITH THE WORKERS' COMPENSATION LAW AS IT PERTAINS TO NON-SUBSCRIBERS AND THE REQUIRED NOTIFICATIONS THAT MUST BE FILED AND POSTED." (c) The group policies of insurance described in subsection (b) of this section shall include the following statement in 10-point bold-face type on the certificate or other evidence of coverage issued to the employees: "THE INSURANCE POLICY UNDER WHICH THIS CERTIFICATE IS ISSUED IS NOT A POLICY OF WORKERS' COMPENSATION INSURANCE. YOU SHOULD CONSULT YOUR EMPLOYER TO DETERMINE WHETHER YOUR EMPLOYER IS A SUBSCRIBER TO THE WORKERS' COMPENSATION SYSTEM." (d) All policies of insurance, including surplus lines policies, or other evidences of insurance coverage which provide employers liability coverage or which indemnify employers for costs of job related employee injuries or sickness in excess of those expended by such employers that have elected to be non-subscribers to the workers' compensation system shall include the following statement in 10-point bold-face type on the first page of the policy and on the first page of all materials used in advertising, marketing, and explaining the policy: THIS IS NOT A POLICY OF WORKERS' COMPENSATION INSURANCE. THE EMPLOYER DOES NOT BECOME A SUBSCRIBER TO THE WORKERS' COMPENSATION SYSTEM BY PURCHASING THIS POLICY, AND IF THE EMPLOYER IS A NON-SUBSCRIBER, THE EMPLOYER LOSES THOSE BENEFITS WHICH WOULD OTHERWISE ACCRUE UNDER THE WORKERS' COMPENSATION LAWS. THE EMPLOYER MUST COMPLY WITH THE WORKERS' COMPENSATION LAW AS IT PERTAINS TO NON-SUBSCRIBERS AND THE REQUIRED NOTIFICATIONS THAT MUST BE FILED AND POSTED." Issued in Austin, Texas, on July 31, 1991. TRD-9109130 Nicholas Murphy Chief Clerk State Board of Insurance Effective date: July 31, 1991 Expiration date: November 28, 1991 For further information, please call: (512) 463-6327 Chapter 19. Agents' Licensing Subchapter G. Licensing of Insurance Adjusters and Continuing Education Requirements for Adjusters 28 TAC sec.sec.19.621-19.630 The State Board of Insurance adopts on an emergency basis new sec.sec.19. 621-19.630, concerning continuing education for licensees under the provisions of the Insurance Code, Article 21.07-4, sec.7A. These new sections are necessary to carry out the provisions of Article 21.07-4, sec.7A, which authorizes the State Board of Insurance to certify continuing education programs under which insurance adjusters must comply with the requirement of the Insurance Code, Article 21.07-4, sec.7A(b), that each adjuster, in order to renew a license, must participate in a continuing education program relating to consumer protection laws. An imminent peril to the public welfare requires adoption of these new sections on an emergency basis to implement state law to improve regulation of insurance adjusters by strengthing administrative control over educational requirements for adjusters. New sec.19.621 sets forth the purposes and scope of these sections. New sec.19.622 sets forth the definitions for "approved course of study," "board," "certification process," "class hour," " credit hour, "educational coordinator," "licensee," "provider," and "staff." New sec.19.623 sets out the distribution of the rules and sec.19.624 sets forth the forms which are adopted by reference. New sec.19.625 sets forth the continuing education requirements for adjusters and new sec.19.626 sets forth the consequences of failure to comply with such requirements. Licensees who do not comply with the continuing education requirement may be subject to disciplinary action in accordance with that rule and with the Insurance Code, Article 1.10, sec.7, and Article 21.07-4, sec.17 and sec.7A. New sec.19.627 sets out the requirements and procedure for approval and decertification of courses and sets out the interrelationship between the Texas Education Agency which approves providers and the State Board of Insurance which certifies the courses for continuing education for adjusters. New sec.19.628 sets forth the licensee's responsibilities for record keeping for continuing education records and sec.19. 629 sets forth the information which must be furnished to the licensee by the providers and sets out the requirements for records which may be audited or reviewed by the board. New sec.19.630 sets forth the appeals process. The new sections are adopted on an emergency basis under the Insurance Code, Article 1.04, which authorizes the State Board of Insurance to determine rules in accordance with the laws of this state, and under the Insurance Code, Article 21.07-4, s7A, which authorizes the State Board of Insurance to certify continuing education programs for adjusters and mandates the participation in such programs for adjusters. sec.19.621. Purpose and Scope.
    The purpose of sec.sec.19.621-19.630 of this title (relating to Purpose and Scope; Definitions; Distribution of Rules; Forms Adopted by Reference; Continuing Education Requirements; Licensee's Failure to Comply; Approved Courses of Study and Providers; Licensee's Responsibility for Record Keeping, Records and Audit; and Appeals) is to set forth a procedure for certifying continuing education programs for certain adjusters licensed under the Insurance Code, Article 21.07-4, and to establish requirements for implementation of the continuing education programs mandated in the Insurance Code, Article 21.07-4, sec.7A. These sections contain requirements for adjusters to comply with the educational requirements and contain requirements for the approval of courses and of providers wishing to offer such courses. sec.19.622. Definitions.
      The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.
        Approved course of study-A course which the educational coordinator of the Agents' Licensing Section of the State Board of Insurance has placed on a list of certified courses for insurance adjusters pursuant to the requirements in sec.19.627 of this title (relating to Approved Courses of Study and Providers); and which has received a Conditional Approval Letter, SBI Form LDCE-0012, as described in sec.19.627(e) of this title (relating to Approved Courses of Study and Providers).
          Board-The State Board of Insurance.
            Certification process -The process followed in approving or disapproving a proposed continuing education course, including review of the proposed course and correspondence relating to the proposed course.
              Class hour-An actual hour of classroom instruction; 50 minutes may be considered an hour.
                Credit hour-An hour of classroom instruction for which continuing education credit may be obtained under sec.19.627 of this title (relating to Approved Courses of Study and Providers.)
                  Educational coordinator -The person in the Agents' Licensing Section of the State Board of Insurance who is designated by the deputy insurance commissioner for licensing to administer the continuing education program for the State Board of Insurance, and who may be addressed as follows: Educational Coordinator, Continuing Education Unit, State Board of Insurance, Mail Code 014-3, 333 Guadalupe Street, Austin, Texas 78701-1998.
                    Licensee-Any holder of a license under the authority of the Insurance Code, Article 21.07-4; except a trainee licensed under Article 21. 07-4, sec.2, or a catastrophe or emergency adjuster licensed under Article 21. 07-4, sec.5.
                      Provider-An entity which has complied with the requirements set out in sec.19.627 of this title (relating to Approved Courses of Study and Providers).
                        Staff-Persons employed in the Continuing Education Unit of the State Board of Insurance. sec.19.623. Distribution of Rules.
                          A copy of this subchapter as promulgated by the State Board of Insurance shall be given to any interested person upon request made to the educational coordinator. sec.19.624. Forms Adopted by Reference.
                            The State Board of Insurance adopts by reference certain forms to be used in conjunction with the administration of this subchapter. These forms are published by the State Board of Insurance and copies of the forms may be obtained from the Educational Coordinator, Agents' Licensing Section, State Board of Insurance, Mail Code 014-3, 333 Guadalupe, Austin, Texas 78701-1998. Licensees and providers shall use such forms as are required by the provisions of this subchapter. The forms adopted by reference are specifically identified as follows: (1) SBI Form LDCE-001 Continuing Education Certificate of Completion; (2) SBI Form LDCE-002, Request for Approval of Continuing Education Course; (3) SBI Form LDCE-003, Licensee's Continuing Education Summary Report; and (4) SBI FORM LDCE-0012, Conditional Approval Letter. sec.19.625. Continuing Education Requirements. (a) The continuing education requirements imposed under sec.19.625 of this title (relating to Continuing Education Requirements) shall apply to all licensees as defined in sec.19.622 of this title (relating to Definitions) who hold individual licenses from January 1, 1990. (b) A licensee under the Insurance Code, Article 21.07-4, must successfully complete not less than 15 hours of approved courses of study per each 12-month period beginning on the issuance date or last renewal date of the license and ending on the expiration date of the license. At least three of the 15 hours must be in topics related to and dealing with consumer protection as defined in the Insurance Code, Article 21.07-4, sec.7A. sec.19.626. Licensee's Failure to Comply.
                              A licensee must provide satisfactory evidence of successful completion of the required hours of continuing education at the time of license renewal. Licensees who do not comply with the continuing education requirement may be subject to disciplinary action in accordance with the Insurance Code, Article 1.10, sec.7 and Article 21.07-4, sec.17 and sec.7A. sec.19.627. Approved Courses of Study and Providers. (a) An approved course of study is one that has been submitted to the board for approval on SBI Form LDCE-002, has been reviewed by staff, and has been placed by the educational coordinator on the list of approved courses. National examination programs include AAI, AU, CLU, AAM, CEBS, CPCU, AIC, CFP, FLMI, ALCM, ChFC, LUTC, APA, CIC, RHU, INS, ARM, AMIM, and successful completion of the examination for any part of these programs is approved for 15 hours of continuing education credit without the necessity for further action on the part of the staff or provider. Further, any insurance course that is part of the degree curriculum of an accredited college or university shall be awarded 15 hours of continuing education credit for each semester hour earned during the renewal period for which each credit is claimed. (b) The list of approved courses shall clearly designate whether the courses require class attendance or not. The list shall be available to all interested parties on request made to the education coordinator. (c) To be placed on the list of approved courses, a course of study must meet the following requirements, which apply to all courses, whether lecture-seminar, correspondence, video, audio, computer-based, or any other method of presentation. (1) The content of the course must be designed to increase a licensee's knowledge and understanding of insurance principles and coverages; applicable laws; rules and regulations promulgated by the board; recent and prospective changes in coverage, law, regulation, and practice; the duties and responsibilities of the licensee; or consumer protection. (2) Prior to the beginning of the course, the provider must furnish students with a written copy of the latest course outline on file with the Continuing Education Unit of the State Board of Insurance. This outline shall bear the statement "Report any deviation from this outline to the State Board of Insurance, Agent's Licensing Section 014-3, CE Unit, 333 Guadalupe Street, Austin, Texas 78701-1998; telephone (512) 322-3517." (3) At the time a student pays for a course, or no later than the start time of the course, the provider must furnish each student with a written statement of all the requirements the student must meet in order to receive credit for a course. This statement shall not be at variance with the stated method of completion listed on the application for course approval, SBI Form LDCE-002. This statement shall include the wording: "Report any deviation from these requirements to the State Board of Insurance, Agents' Licensing Section 014-3, CE Unit, 333 Guadalupe Street, Austin, Texas 78701-1998; telephone (512) 322-3517." (4) Providers of any course, whether it be lecture, seminar, correspondence, video, audio, computer-based, or any other method of presentation or instruction, shall not read from a prepared script of text or allow such reading as the primary method of instruction; nor shall a provider play a video or audio recording featuring such reading as the primary method of instruction during the instruction of any course. (5) At the time a student pays for a course, or no later than the start time of the course, the provider shall furnish the student with all written material needed to successfully complete the course. (6) All audio, video, computer-based, or mixed presentation mode courses shall have a previously approved workbook or examination that can be completed only by a student who has gone through the instruction of the course. (7) In any lecture or seminar course, or in any other presentation with more than 10 attendees, provision must be made for the answering of student questions throughout the course of instruction. (8) No provider may allow a student to attend more than eight hours of lecture or instruction in any 24-hour period. (9) Successful completion of the course by a licensee must be verifiable by staff in accordance with the following subparagraphs (A)-(D). (A) If attendance is the only requirement for completion of a lecture or seminar course, then 90% attendance is required. (B) A correspondence course must be completed by a formal final examination approved by staff, and administered in accordance with approved guidelines. (C) A course which contains both classroom and correspondence course elements will not be approved. (d) The number of credit hours of approvable topics in the outline as determined in accordance with the procedures stated in this title will be set on an hour per hour basis. The provider must indicate the hours per approvable topic in the outline so that the determination of the total number of credit hours of approvable topics can be made. (e) Course approval is contingent on the provider's signing and returning to the educational coordinator the conditional approval letter (SBI Form LDCE-0012), and on continued compliance with the other terms under which that course was approved as set forth in the approval letters. The additional terms shall specify additional detailed requirements tailored to the specific needs of the course and shall be in conformance with this rule. If staff determines that a course is not in compliance with those terms or with any of the provisions of sec.sec.19.621-19.630 of this title (relating to Purpose and Scope; Definitions; Distribution of Rules; Forms Adopted by Reference; Continuing Education Requirements, Licensee's Failure to Comply; Approved Courses of Study and Providers; Licensee's Responsibility for Record Keeping; Records and Audit; and Appeals), the educational coordinator shall decertify the course as provided in sec.19.627 of this title (relating to Approved Courses of Study and Providers). (1) The educational coordinator shall, by certified letter, return receipt requested, notify the provider of the decertification, and the decertification shall be effective 15 days after the date upon which that letter is received, or returned unclaimed. (2) The letter of decertification shall state the reason for the decertification. (3) After final action, the course list published by the Agents' Licensing Section of the State Board of Insurance shall have a section entitled, "COURSES DECERTIFIED FOR NONCOMPLIANCE," and in that section shall be listed the courses and the providers of those courses that have been decertified during the four months immediately preceding. (4) After final action, the educational coordinator shall provide notice of a course decertification to all interested parties and the Texas Education Agency, as soon as the action is effective, and may provide notice to any other person the educational coordinator considers necessary. (f) Approval of a course is valid for no more than two years from the date the original conditional approval letter was mailed to the provider or other notice of conditional approval delivered. At the end of two years, staff may require that a total resubmission of the course be made or staff may issue a new conditional approval letter, from the date of which the new conditional approval period starts. (g) The educational coordinator shall promptly notify the Texas Education Agency, Division of Proprietary Schools, of any complaints received regarding the operation of a proprietary school that offers any approved course of study and shall promptly notify the Texas Education Agency of any official action taken against a proprietary school. In either case, the educational coordinator shall request that the Texas Education Agency take appropriate action. (h) In order for a course to retain conditional approval, the provider must: (1) maintain detailed records of attendance and enrollment for a minimum of four years and make these records available at a time and place chosen by staff, which records must clearly indicate the name, address, and phone number of each student; the course taken, the course date, and the number of credit hours earned; the student's attendance which must be verifiable from roll records of the specific class; the student's test grade(s) or other information to support the provider's selected method of determining course completion. Staff may require additional information pertaining to either classroom or correspondence courses; (2) update course material as required by changes in statute, rule, and practice; (3) cooperate with course monitoring by the educational coordinator or designee; (4) provide students who meet the requirements of completion as set forth in sec.19.627 of this title (relating to Approved Courses of Study and Providers) and recorded on the course approval application, SBI Form LDCE-002, with a certificate of completion within 10 days of the completion date; (5) meet on a continuing basis all other requirements pertaining to courses in sec.19.627 of this title (relating to Approved Courses of Study and Providers); (6) furnish staff with advertising pertaining to an approved course; (7) furnish staff with all new dates and locations at least 10 days prior to the starting date of the class; (8) furnish staff with a new course approval application, SBI Form LDCE-002, and all attachments, for any change in course content or structure, at least 20 working days in advance of the beginning date of the course; and (9) provide reasonable accommodations for students with disabilities. (i) A particular course may not be used by a licensee for continuing education credit for a specific license more than once in any one reporting period for that license. (j) A licensee who teaches an approved course may receive 100% of the credit hours toward meeting the continuing education requirement, but this credit may not be used more often than once in any one reporting period. (k) The following types of courses shall not be considered for approval: (1) a course that is used or approved for, or is on the outline of courses for the examinations called for in Insurance Code, Article 21.07-4, sec.10; (2) courses teaching general accounting or other general business skills, speed reading, sales or selling, or computer use; (3) courses in motivation, goal-setting, time management, or communication; people skills or interpersonal relations; (4) meetings held in conjunction with the regular business of the licensee; (5) training relating to the product or marketing practices of a specific company unless such course is provided by an insurance company or adjusting firm described in subsection (l)
                                of this section, credit is given only to that entity's appointed agents and employees, no charge is made for the training, and the courses meet all the criteria for approved courses contained in sec.19.627 of this title (relating to Approved Courses of Study and Providers). (l) Courses may only be offered by approved providers. Entities who are not regulated under the Texas Proprietary School Act and do not need to seek approval as providers from the Texas Education Agency or the State Board of Insurance are listed in paragraph (1) of this subsection. All other entities must either obtain a certificate from the Texas Education Agency under the Texas Proprietary School Act (the Act) (Education Code, Chapter 32); or must obtain an exemption from the Texas Education Agency in accordance with the Act. (1) The following entities who wish to provide courses are not required to be approved as providers: Texas public schools and accredited colleges and universities. (2) All other entities seeking to become providers must file with the Texas Education Agency to obtain a certificate under or an exemption from the Act. Entities who are approved as providers by any of the means explained in paragraphs (1) and (2) of this subsection do not need to file their courses with the Texas Education Agency after the initial certification process. Those additional courses are filed with the State Board of Insurance for approval in accordance with these rules even if the provider is granted a certificate or an exemption under the Act. sec.19.628. Licensee's Responsibility for Record Keeping.
                                  Licensees are responsible for maintaining their own continuing education records. This includes preserving copies of certain documents for four years. The documents to be preserved are: copies of all certifications (SBI Form LDCE-001) received from providers as evidence of course completion; and copies of all summary reports (SBI Form LDCE-003), filed as part of the license renewal process. The accuracy of a licensee's records is subject to verification at any time, as more particularly set forth in sec.19.629 of this title (relating to Records and Audit). sec.19.629. Records and Audit. (a) The provider shall furnish to each licensee who successfully completes an approved course a certificate of completion, SBI Form LDCE-001, and a blank SBI Form LDCE-003, Licensee's Continuing Education Summary Report. The certificate of completion shall include the following information: the licensee's full name, address, State Board of Insurance license number and license type(s), the course provider's name and the State Board of Insurance course number, the date of successful completion, the number of course hours credit being requested, and the signature of an approved official of the provider. (b) If requested by staff during renewal review, the licensee shall furnish to the board as part of the license renewal, SBI Form LDCE-003, Licensee's Continuing Education Summary Report, with copies of the supporting completion certificates attached. (c) All continuing education reports and records submitted or maintained for the purpose of licensure or continued course approval are subject to audit or review by the board. sec.19.630. Appeals.
                                    An informal and formal appeals process exists for the use of providers who are dissatisfied with the staff's action in decertifying the course or approving the course with a lesser number of hours than sought by the provider. If the provider does not wish to utilize the informal process for appeal, the provider must, within 30 days of the staff's action, ask for a final decision by the associate commissioner for license and investigations. That decision may then be appealed in accordance with paragraph (2) of this section. (1) Informal appeal process. If any provider wishes to contest the decertification of a course or the number of hours assigned to the course, the provider may, within 30 days; seek review of the disapproval or number of hours assigned, by a committee composed of one staff member, the manager of continuing education and Melvin Clanton, Manager, Administrative Services (all of whom are not involved in the initial course approval). After their review, the committee will write an informal report setting forth the results of their review and their recommendations, if any, within 30 days from receipt of the request for review. Following the informal review, the matter will be referred back to staff. The decertification or approval of hours and the results of the informal review and the staff's recommendation for final action will then be forwarded to the associate commissioner for license and investigations for a final decision on the matter based on the materials furnished. That decision will be considered to be a final action on the matter by the commissioner of insurance. (2) Formal appeal. The final decision on decertification and/or approval of the number of hours will be subject to a formal appeal in accordance with Insurance Code, Article 1.04(d) and the regulations of the board with reference to appeals from decisions of the Commissioner of Insurance. Issued in Austin, Texas, on July 30, 1991. TRD-9109080 Nicholas Murphy Chief Clerk State Board of Insurance Effective date: July 30, 1991 Expiration date: November 27, 1991 For further information, please call: (512) 463-6327 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. Texas Department of Human Services Chapter 10. Family Self-Support Services Employment Services 40 TAC sec.10.2304 The Texas Department of Human Services (DHS) adopts on an emergency basis an amendment to sec.10.2304, concerning support services for participants in job opportunities and basic skills (JOBS), in its Family Self-Support Services chapter. The purpose of the amendment is to establish a methodology by which JOBS transportation allowance limits, established by the Texas Board of Human Services on August 2, 1990, may be adjusted appropriately. The revised rates, effective August 1, 1991, appear in the "In Addition" section of this issue of the Texas Register. The department adopts the amendment on an emergency basis effective August 1, 1991, because failure to do so immediately would jeopardize the welfare of JOBS participants. It has been determined that the transportation allowance is insufficient to allow individuals eligible for and entitled to participate in the JOBS program to access transportation necessary for their participation in the program. DHS is simultaneously proposing this amendment for review and comment in this issue of the Texas Register. The amendment is adopted on an emergency basis under the Human Resources Code, Title 2, Chapter 22, which authorizes the department to administer public assistance programs. sec.10.2304. Support Services for Participants in Job Opportunities and Basic Skills (JOBS).
                                      Participants in JOBS are eligible for the following reimbursements if identified as needed in the participant's mutually agreed upon service plan. (1) Transportation expense reimbursement-A participant may receive an allowance not to exceed a monthly amount determined by the Texas Board of Human Services for transportation expenses based on scheduled JOBS component activities. The transportation rates are based upon local transportation market surveys and are subject to changing market conditions. Changes to the rate schedules will be published periodically in the Texas Register and be available in local Texas Department of Human Services (DHS) offices. (2) (No change.) Issued in Austin, Texas, on July 30, 1991. TRD-9109067 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Effective date: August 1, 1991 Expiration date: November 29, 1991 For further information, please call: (512) 450-3765 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 176. Enterprise Zone Program 10 TAC sec.176.8 The Texas Department of Commerce (Commerce) proposes an amendment to concerning the Texas Enterprise Zone Program. The proposed amendment adds approval standards for certification of a qualified business. Sal Valdez, deputy director of business development division, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Mr. Valdez 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 retention or creation of jobs because small to medium-size businesses will receive financial benefit from new investment in enterprise zones. 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, Texas Department Commerce, P.O. Box 12728, Austin, Texas 78711, within 30 days after date of this publication. The amendment is proposed under Texas Civil Statutes, Article 5190.7, which provide commerce with the authority to adopt rules for the administration and implementation of the Texas Enterprise Zone Program. sec.176.8. Approval Standards. (a)-(c) (No change.) (d) Approval standards for certification of a qualified business. Such standards will be determined and final certification may be granted by the local governing body or bodies or department as applicable in accordance with the Act. To receive a refund or a reduction of taxable capital in a designated state or federal enterprise zone under applicable sections of the Tax Code, Chapters 151 or 171, the certified qualified business must apply to the Comptroller of Public Accounts for the refund or the reduction of taxable capital and to department or local governing body or bodies for certification of retained jobs or new permanent jobs created as applicable. The department shall provide the comptroller with the assistance that the comptroller requires in administering this section. (e)
                                        [(d)] Approval standards for certification of neighborhood enterprise associations. Such standards will be determined and final certification may be granted by local governing body or bodies as applicable in accordance with the Act, sec.21. 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 29, 1991. TRD-9109041 Cathy Bonner Interim Executive Director Texas Department of Commerce Earliest possible date of adoption: July 29, 1991 For further information, please call: (512) 472-5059 TITLE 22. EXAMINING BOARDS Part XII. Board of Vocational Nurse Examiners Chapter 231. Administration General Practice and Procedure 22 TAC sec.231.25, sec.231.48 The Board of Vocational Nurse Examiners proposes amendments to sec.231.25 and sec.231.48 concerning administration. These rules are obsolete as written. Marjorie A. Bronk, executive director, 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. Mrs. Bronk also has determined that for each year of the first five years the sections are in effect there will be no public benefit anticipated as a result of enforcing the sections. 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 Marjorie A. Bronk, Executive Director, Board of Vocational Nurse Examiners, 9101 Burnet Road, Suite 105, Austin, Texas 78758, (512) 835-2071. The amendments are proposed under Texas Civil Statutes, Article 4528c, sec.5(g) , which provide the Board of Vocational Nurse Examiners with the authority to make such rules and regulations as may be necessary to govern its procedures and to carry in effect the purposes of the law. sec.231.25. Board Meetings (Regular).
                                          The board shall hold at least
                                            two regular meetings during each fiscal year, one of which shall be held in September
                                              . [The regular meetings shall be held in September and March (unless ordered otherwise by the president).] The exact time and place of each meeting shall be determined by the board and posted in accordance with the Open Meetings Law. sec.231.48. Bylaws. (a) Article I. Title and purposes. (1) (No change.) (2) The purposes of the board shall be: (A)-(C) (No change.) (D) employ a full-time executive director [, director of education, two associate directors of education, two investigators,] and other persons as the board deems necessary to carry out the provisions of the Act; (E)-(O) (No change.) (b)-(c) (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 25, 1991. TRD-9109076 Marjorie A. Bronk, R.N., M.S.H.P. Executive Director Board of Vocational Nurse Examiners Earliest possible date of adoption: September 6, 1991 For further information, please call: (512) 835-2071 Board Rules 22 TAC sec.231.68 (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 Texas Board of Vocational Nurse Examiners or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The Board of Vocational Nurse Examiners proposes the repeal of sec.231.68, concerning effective date. The rule is obsolete, as the effective date varies for each rule that is adopted. Marjorie A. Bronk, executive director, 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 repeal. Mrs. Bronk also has determined that for each year of the first five years the repeal is in effect there will be no public benefit anticipated as a result of enforcing the repeal. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the repeal as proposed. Comments on the proposal may be submitted to Marjorie A. Bronk, Executive Director, Board of Vocational Nurse Examiners, 9101 Burnet Road, Suite 105, Austin, Texas 78758, (512) 835-2071. The repeal is proposed under Texas Civil Statutes, Article 4528c, sec.5(g), which provide the Board of Vocational Nurse Examiners with the authority to make such rules and regulations as may be necessary to govern its procedures and to carry in effect the purposes of the law. sec.231.68. Effective Date. 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 25, 1991. TRD-9109074 Marjorie A. Bronk, R.N., M.S.H.P. Executive Director Board of Vocational Nurse Examiners Earliest possible date of adoption: September 6, 1991 For further information, please call: (512) 835-2071 Chapter 233. Education Approval of Programs 22 TAC sec.233.41 The Board of Vocational Nurse Examiners proposes an amendment to sec.233.41, concerning types of approval for vocational nursing programs. The portion of this rule being amended is in conflict with the Vocational Nurse Act. Marjorie A. Bronk, executive director, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Mrs. Bronk also has determined that for each year of the first five years the section is in effect there will be no public benefit anticipated as a result of enforcing the section. 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 Marjorie A. Bronk, Executive Director, Board of Vocational Nurse Examiners, 9101 Burnet Road, Suite 105, Austin, Texas 78758, (512) 835-2071. The amendment is proposed under Texas Civil Statutes, Article 4528c, sec.5(g) which provide the Board of Vocational Nurse Examiners with the authority to make such rules and regulations as may be necessary to govern its procedures and to carry in effect the purposes of the law. sec.233.41. Types of Approval. (a) Initial. Initial approval is extended to a new school beginning with the date of first enrollment and until licensing examination results of first graduates are evaluated by the board. An application for a vocational nursing program shall be submitted to the board with the appropriate fee. Upon receipt of the application and fee the board shall cause a survey of the institution making such application to be made by a qualified representative of the board.
                                                [The application for approval form is furnished with a letter confirming board approval. Approval fee is submitted at that time]. (b)-(c) (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 25, 1991. TRD-9109077 Marjorie A. Bronk, R.N., M.S.H.P. Executive Director Board of Vocational Nurse Examiners Earliest possible date of adoption: September 6, 1991 For further information, please call: (512) 835-2071 Chapter 235. Licensing Application for Licensure 22 TAC sec.235.9, sec.235.18 The Board of Vocational Nurse Examiners proposes amendments to sec.235.9 and sec.235.18, concerning application for licensure. Rule 235.9 is being amended to delete the address of the board. Rule 235.18 is being amended to comply with federal rules/guidelines by changing the word "handicapped" to "disabled." Marjorie A. Bronk, executive director, 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. Mrs. Bronk also has determined that for each year of the first five years the sections are in effect there will be no public benefit anticipated as a result of enforcing the sections. 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 Marjorie A. Bronk, Executive Director, Board of Vocational Nurse Examiners, 9101 Burnet Road, Suite 105, Austin, Texas 78758, (512) 835-2071. The amendments are proposed under Texas Civil Statutes, Article 4528c, sec.5(g) , which provide the Board of Vocational Nurse Examiners with the authority to make such rules and regulations as may be necessary to govern its procedures and to carry in effect the purposes of the law. sec.235.9. Application Fee. (a) Application for examination and application for licensure fees shall: (1) be payable to the Board of Vocational Nurse Examiners [, 1300 East Anderson Lane, Building C, Suite 285, Austin, Texas 78752]; (2)-(5) (No change.) (b) (No change.) sec.235.18. Disabled [Handicapped] Candidate. (a) A disabled
                                                  [handicapped] candidate for the examination for licensure who otherwise is qualified shall not be deprived of the opportunity to take the licensing examination solely by reason of that disability
                                                    [handicap]. "Disabled
                                                      [Handicapped] persons" means any person who has a physical or mental impairment which substantially limits one or more major life activities and has a record of such an impairment (reference Rehabilitation Act 1973). (b) (No change.) (c) The request shall include: (1) A letter from the candidate requesting specific modifications, including a description of the candidate's disability
                                                        [handicap] and when it was diagnosed. (2) (No change.) (3) A written evaluation of the disability from an appropriate professional confirming the diagnosis of a disability [handicap] and suggesting what test modifications are warranted based on the candidate's condition. If a learning disability is identified, a detailed report must be submitted by a professional certified or trained in the area of learning disabilities. These costs are the responsibility of the candidate. (d)-(f) (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 26, 1991. TRD-9109072 Marjorie A. Bronk, R.N., M.S.H.P. Executive Director Board of Vocational Nurse Examiners Earliest possible date of adoption: September 6, 1991 For further information, please call: (512) 835-2071 Issuance of Licenses 22 TAC sec.235.41 The Board of Vocational Nurse Examiners proposes an amendment to sec.235.41, concerning issuance of certificates of licensure. The secretary-treasurer of the board no longer signs the certificates of licensure. Marjorie A. Bronk, executive director, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Mrs. Bronk also has determined that for each year of the first five years the section is in effect there will be no public benefit anticipated as a result of enforcing the section. 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 Marjorie A. Bronk, Executive Director, Board of Vocational Nurse Examiners, 9101 Burnet Road, Suite 105, Austin, Texas 78758, (512) 835-2071. The amendment is proposed under Texas Civil Statutes, Article 4528c, sec.5(g), which provide the Board of Vocational Nurse Examiners with the authority to make such rules and regulations as may be necessary to govern its procedures and to carry in effect the purposes of the law. sec.235.41. Issuance of Certificate of Licensure.
                                                          As soon as possible after the board has received the examination score, a certificate of licensure will be issued, signed by the president of the board [and the secretary treasurer of the board], bearing the seal of the board and also bearing the licensee's name, license number, and date license number was issued. 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 25, 1991. TRD-9109073 Marjorie A. Bronk, R.N., M.S.H.P. Executive Director Board of Vocational Nurse Examiners Earliest possible date of adoption: September 6, 1991 For further information, please call: (512) 835-2071 Part XIII. Texas Board of Licensure for Nursing Home Administrators Chapter 247. Education 22 TAC sec.247.2 The Texas Board of Licensure for Nursing Home Administrators (TBLNHA) proposes an amendment to sec.247.2, concerning minimum educational requirements. The amendment will require that a bachelor's degree must be from an accredited college approved by a national accrediting association recognized by the State of Texas Higher Education Coordinating Board. Curtis D. Adrian, acting executive director, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Mr. Adrian also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be to ensure that licensed nursing home administrators have quality educational backgrounds, thereby enhancing the quality of life of our citizens in skilled nursing facilities. 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 Curtis D. Adrian, TBLNHA, 4800 North Lamar Boulevard, Suite 310, Austin, Texas 78756. The amendment is proposed under Texas Civil Statutes, Article 4442d, sec.8, which provide TBLNHA with the authority to make rules and regulations not inconsistent with law as may be necessary or proper for the performance of its duties, and to take such other actions as may be necessary to enable the state to meet the requirements set forth in the Social Security Act, sec.1908 (142 United States Code Annotated, sec.1396g), the federal rules and regulations promulgated thereunder, and other pertinent federal authority; provided, however, that no rule shall be promulgated, altered, or abolished without the approval of a two-thirds majority of the board. sec.247.2. Minimum Educational Requirements.
                                                            The following educational requirements are and were considered to be the minimum necessary to make application for licensure as a nursing home administrator in the State of Texas during the periods following. (1)-(4) (No change.) (5) July 1, 1986 and later: a minimum of a bachelor degree required. The bachelor's degree must be from an accredited college approved by a national accrediting association recognized by the State of Texas Higher Education Coordinating Board. 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 23, 1991. TRD-9109013 Kim M. Foutz Administrative Technician III Texas Board of Licensure for Nursing Home Administrators Earliest possible date of adoption: September 2, 1991 For further information, please call: (512) 458-1955 Part XIX. Polygraph Examiners Board Chapter 397. General Rules of Practice and Procedure 22 TAC sec.397.40 The Polygraph Examiners Board proposes an amendment to s397.40, concerning final decisions and orders. The proposed changes are to insure the rules of the Polygraph Examiners Act are in compliance with the administrative Procedure and Texas Register Act (APTRA). Bryan M. Perot, executive officer, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Mr. Perot also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be that the proposed amendment is to bring the "General Rules of Practice and Procedure" into compliance with APTRA. 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 Bryan M. Perot, Executive Officer, P.O. Box 4087, Austin, Texas 78773. The amendment is proposed under Texas Civil Statutes, Article 4413(29cc), which provide the Polygraph Examiners Board with the authority to regulate persons who purport to be able to detect deception or to verify truth of statements through the use of instrumentation. sec.397.40. Final Decisions and Orders.
                                                              All final decisions and orders of the board shall be in writing and shall be signed by the chairman of the board
                                                                [a majority of the board]. A final decision shall include findings of fact and conclusions of law, separately stated. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. If, in accordance with board rules, a party submits proposed findings of fact, the decision shall include a ruling on each proposed finding. Parties shall be notified either personally or by first class mail of any decision or order. A copy of that final decision or order shall be sent by first class mail to the attorneys of record and the board shall keep an appropriate record of that mailing. If a party is not represented by an attorney of record, then the board shall send a copy of the final decision or order ruling on a motion for rehearing by first class mail to that party, and the board shall keep an appropriate record of that mailing. A party or attorney of record notified by mail of a final decision or order a required by this regulation shall be presumed to have been notified on the date such notice is mailed. 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 29, 1991. TRD-9109061 Bryan M. Perot Executive Officer Polygraph Examiners Board Earliest possible date of adoption: September 6, 1991 For further information, please call: (512) 465-2058 20 point=13.05p set=12.05p>Part XXIII. Texas Real Estate Commission Chapter 531. Canons of Professional Ethics and Conduct 22 TAC sec.531.18 The Texas Real Estate Commission proposes an amendment to sec.531.18, concerning display of consumer information by licensees. The amendment adopts by reference a revised consumer notice to which information has been added about the availability of the recovery funds administered by the commission. Recovery funds are used to satisfy judgments against licensees which involve a violation of the law. The amendment would also require each licensed real estate broker or inspector to display the notice in a prominent location in each office the licensee maintains. The amendment is necessary to enforce compliance with disclosure requirements imposed by Senate Bill 432, 72nd Legislature (1991). The commission intends to make copies of the notice available at no cost to licensees. Mark A. Moseley, 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. Costs to the state for printing and distributing the consumer information form to licensees is estimated at $7,000 for fiscal year 1992 and $1,000 annually for fiscal years 1993-1996. There will be no fiscal implications for local government. Mr. Moseley also has determined that for each year of the first five years the section in effect the public benefit anticipated as a result of enforcing the section will be increased public awareness of the availability of the businesses. There is no anticipated economic cost to persons who are required to comply with the action as proposed. There will be no impact on local employment. Comments on the proposal may be submitted to Mark A. Moseley, General Counsel, Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188. The amendment and new section are proposed under Texas Civil Statutes, Article 6573a, sec.5(h), which authorizes the Texas Real Estate Commission to make and enforce all rules and regulations necessary for the performance of its duties. sec.531.81. Consumer Information Form 1-1 [1-0]. (a) The Texas Real Estate Commission adopts by reference Consumer Information Form 1-1
                                                                  [1-0] approved by the Texas Real Estate Commission in 1991
                                                                    [1989]. This document is published by and available from the Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188. (b) Each real estate inspector or active
                                                                      real estate broker licensed by the Texas Real Estate Commission shall display Consumer Information Form 1-1
                                                                        [1-0] in a prominent location in each place of business
                                                                          [office] the broker or inspector
                                                                            maintains [in this state]. 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 26, 1991. TRD-9108996 Mark A. Moseley General Counsel Texas Real Estate Commission Earliest possible date of adoption: September 6, 1991 For further information, please call: (512) 465-3900 Chapter 535. Provisions of the Real Estate License Act Education, Experience, Educational Programs, Time Periods, and Type of License 22 TAC sec.535.66, sec.535.69 The Texas Real Estate Commission proposes an amendment to sec.535.66, concerning real estate educational programs, and new sec.535.69, concerning additional core real estate courses. The amendment to sec.535.66 would permit schools approved and regulated by other state agencies to submit real estate or real estate-related courses to the commission for approval. The amendment also provides for the withdrawal of approval if the provider fails to comply with commission rules governing educational programs. Under the existing section, only proprietary schools accredited by the commission and trade associations may apply for commission approval to offer courses acceptable for licensing credit. The amendment is necessary to extend the approval process to schools regulated by other state agencies and broaden the acceptance of real estate or real estate-related coursework submitted by license applicants. New sec.535.69 would establish two additional core real estate courses which could be taken by applicants to satisfy the educational requirements for real estate licensing. The commission is authorized by Texas Civil Statutes, Article 6573a, sec.5(b), to establish by rule the title and content of additional core real estate courses. The new section specifies the content of a core course devoted to the contract forms promulgated by the commission and of a course devoted to residential inspection topics. The new section is necessary to make a broader selection of required coursework available to license applicants and to encourage study of the topics contained in each new core real estate course. Donald C. Roose, education officer, has determined that for the first five-year period the sections are in effect there will be fiscal implications for state government as a result of enforcing or administering the sections. Additional revenue from course or provider application fees is estimated to be $1,200 for the first year after adoption of the sections and $600 a year thereafter. There are no fiscal implications for local government. Mr. Roose 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 sections will be a greater availability of real estate or real estate-related courses. There will be no effects on small businesses as a result of enforcing the sections. There is no anticipated economic cost to persons who are required to comply with the sections as proposed. There will be no impact on local employment. Comments on the proposal may be submitted to Donald Roose, Education Officer, Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188. The amendment and new section are proposed under Texas Civil Statutes, Article 6573a, sec.5(h), which authorize the Real Estate License Act Estate Commission to make and enforce all rules and regulations necessary for the performance of its duties. sec.535.66. Educational Programs: Accreditation. (a)-(b) (No change.) (c) In considering an application, special attention will be given to management, instructorship, physical plant, financial base, and curriculum. (1) An entity filing an application for approval of a proprietary real estate school in Texas shall submit material for no less than 180 hours of core real estate courses with the original application for approval. (2) Professional or trade organizations or schools approved and regulated by an agency of this state
                                                                              may submit real estate or real estate related
                                                                                courses for approval limited to their areas of specialization. (d)-(ii) (No change.) (jj) The commission may place on probation or
                                                                                  suspend [operation] or withdraw accreditation of a school or course offered by a school or other entity approved to offer courses
                                                                                    for a violation of these sections or for other good cause as determined by the commission. The commission may place on probation, suspend operation, or withdraw accreditation of a school or course or
                                                                                      for the failure of the school or entity
                                                                                        [school's operator or owner] to provide within 15 days information requested by commission staff as a result of a formal or informal complaint to the commission which would indicate a violation of these sections. (kk)-(ss) (No change.) sec.535.69. Additional Core Real Estate Courses.
                                                                                          In addition to the courses of study specified in Texas Civil Statutes, Article 6573a, sec.7(a), the following shall be considered core real estate courses. (1) Promulgated contract forms (or equivalent) shall include but not be limited to: (A) unauthorized practice of law; (B) broker-lawyer committee; (C) current promulgated forms; (D) commission rules governing use of forms; and (E) case studies involving use of forms. (2) Residential inspection for real estate agents (or equivalent) shall include but not be limited to: (A) property condition addendum; (B) inspector and client agreement; (C) tools and procedures; (D) electromechanical systems (plumbing, heating, air conditioning, appliances, energy-saving considerations); and (E) structures (lot and landscape, roofs, chimney, gutters, paved areas, walls, windows and doors, insect damage, and storage areas). 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 26, 1991. TRD-9108998 Mark A. Moseley General Counsel Texas Real Estate Commission Earliest possible date of adoption: September 6, 1991 For further information, please call: (512) 465-3900 Chapter 544. Rules Relating to Certified Real Estate Appraisers 22 TAC sec.sec.544.1-544.9 (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 Real Estate Commission or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The Texas Real Estate Commission proposes the repeal of ssec.544.1-544.9, concerning certified real estate appraisers. Repeal of these sections is necessary because of the repeal of Texas Civil Statutes, Article 6573a, sec.22, by the 72nd Legislature (1991). Authority to certify real estate appraisers has been transferred to the newly created Texas Appraiser Licensing and Certification Board. Mark A. Moseley, general counsel, has determined that for the first five-year period the repeals are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the repeals. Mr. Moseley also has determined that for each year of the first five years the repeals are in effect the public benefit anticipated as a result of enforcing the repeals will be conforming the agency's sections with the law. There will be no effect on small businesses as a result of enforcing the repeals. There is no anticipated economic cost to persons who are required to comply with the repeals as proposed. There will be no impact on local employment. Comments on the proposal may be submitted to Mark A. Moseley, General Counsel, Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188. The repeals are proposed under Texas Civil Statutes, Article 6573a, sec.5(h), which authorizes the Texas Real Estate Commission to make and enforce all rules and regulations necessary for the performance of its duties. sec.544.1. Definitions. sec.544.2. Application for Certification. sec.544.3. Examinations. sec.544.4. Experience Required for Certification. sec.544.5. Educational Requirements for Certification or Renewal. sec.544.6. Renewal of Certification. sec.544.7. The Committee. sec.544.8. Disciplinary Actions. sec.544.9. Standards of Professional Practice. 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 26, 1991. TRD-9108997 Mark A. Moseley General Counsel Texas Real Estate Commission Earliest possible date of adoption: September 6, 1991 For further information, please call: (512) 465-3900 TITLE 31. NATURAL RESOURCES AND CONSERVATION Part III. Texas Air Control Board Chapter 111. Control of Air Pollution from Visible Emissions and Particulate Matter Visible Emissions 31 TAC sec.111.111 The Texas Air Control Board (TACB) proposes an amendment to sec.111.111, concerning visible emissions, by adding controls for solid fuel heating devices. This action is being proposed in conjunction with the development of a state implementation plan for the control of inhalable particulate matter, in accordance with the 1990 Federal Clean Air Amendments. The proposed section would regulate the use of solid fuel heating devices in the City of El Paso during periods of inadequate dispersion and establish conditions under which exemptions from the requirements would be applicable. Bennie Engelke, director of administrative services, has determined that for the first five-year period the section is in effect fiscal implications for state and local government as a result of enforcing or administering the section are estimated to be minimal. An ordinance has already been adopted by the City of El Paso, and the proposed rule incorporate the principal provisions of this ordinance. Lane Hartsock, director of the Planning and Development Program, 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 rules which are enforceable by state and federal authorities. There is no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed. A public hearing on this proposal is scheduled for 6 p.m. on September 5, 1991 in the El Paso City Council Chambers, 2 Civic Center Plaza, El Paso. Copies of the proposed new section are available at the TACB central office and at all regional offices. Public comment, both oral and written, on the proposed changes is invited at the hearing. Written testimony received by 4 p.m. on September 6, 1991 will be included in the hearing record. Written comments should be sent to the Regulation Development Section, Texas Air Control Board, 12124 Park 35 Circle, Austin, Texas 78753. The amendment is proposed under the Texas Clean Air Act (TCAA), sec.382.017, Texas Health and Safety Code (Vernon 1990), which provides the TACB with the authority to adopt rules consistent with the policy and purposes of the TCAA. sec.111.111. Requirements for Specified Sources. (a)-(b) (No change.) (c) Solid fuel heating devices. (1) Operating restrictions. In the city of El Paso, including the Fort Bliss Military Reservation, no person shall operate a solid fuel heating device during a period when available meteorological data indicates that expected atmospheric conditions will not adequately disperse smoke resulting from the operation of solid fuel heating devices. For the purposes of this section, a solid fuel heating device shall be defined as any fireplace, wood heater, wood stove, wood-fired boiler, coal-fired furnace, or similar device burning any solid fuel which is used for aesthetic, cooking (excluding commercial cooking), or heating purposes, and located inside a building. (2) Exemptions. An exemption form the requirements of this section may be granted by the regional director of the Texas Air Control Board if one or more of the following conditions are met: (A) the solid fuel heating device is in a period of burn down; that is, a period of time not to exceed three hours for the cessation of combustion within the device; (B) the solid fuel heating device is the sole source of heat for the building in which it is situated; or (C) the solid fuel heating device becomes the sole source of heat within the building because of a temporary power loss. 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 25, 1991. TRD-9109128 Lane Hartsock Director, Planning and Development Board Texas Air Control Board Earliest possible date of adoption: September 6, 1991 For further information, please call: (512) 908-1770 Materials Handling, Construction, Roads, Streets, Alleys, and Parking Lots 31 TAC sec.sec.111.141, 111.145, 111.147 The Texas Air Control Board (TACB) proposes amendments to sec.sec.111.141, 111. 145, and 111.147, concerning materials handling, construction, roads, streets, alleys, and parking lots. This action is being proposed in conjunction with the development of a state implementation plan for the control of inhalable particulate matter, in accordance with the 1990 Federal Clean Air Act Amendments. All revisions are applicable only to the City of El Paso. The revisions to sec.111.141, concerning geographic areas of application and date of compliance, would include the Fort Bliss Military Reservation in the definition of the areas which must comply with the requirements of the undesignated head concerning materials handling, construction, roads, streets, alleys, and parking lots, and establish a separate compliance date of December 10, 1993 for newly-affected sources. The revisions to sec.111.145, concerning construction and demolition, specify that controls are necessary for all such activities, regardless of the size of the area of land affected, and would require the application of asphalt, other suitable paving, or wetting agents for construction/demolition site access roads. The revisions to sec.111.147, concerning roads, streets, and alleys, eliminate the exemption for the removal of sand which is applied for the specific purpose of snow or ice control, add requirements for paving and cleaning all vehicle traffic surfaces at specific facilities, require that specific thoroughfares be paved, add paving requirements for alleys and levee roads, and define a street sweeping schedule and recordkeeping requirements. Bennie Engelke, director of administrative services, has determined that for the first five-year period the sections are in effect the cost incurred for local governments would be to the City of El Paso for the costs of implementing and enforcing dust control measures enumerated in the rules. These costs are estimated to be $1 million per year for paving, $200,000 per year for street sweeping, and $275,000 per year for enforcement. There will be no effect on state government. Economic costs to small businesses required to implement the proposed construction/demolition dust control measures are estimated to be $400, 000 per city block for construction and $350,000 per city block per year for demolition. Lane Hartsock, director of the Planning and Development Program, 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 reduced public exposure to dust and inhalable particulates. There is no anticipated economic cost to persons who are required to comply with the sections as proposed. A public hearing on this proposal is scheduled for 6 p.m. on September 5, 1991 in the El Paso City Council Chambers, 2 Civic Center Plaza, El Paso. Copies of the proposed new sections are available at the TACB central office and at all regional offices. Public comment, both oral and written, on the proposed changes is invited at the hearing. Written testimony received by 4 p.m. on September 6, 1991 will be included in the hearing record. Written comments should be sent to the Regulation Development Section, Texas Air Control Board, 12124 Park 35 Circle, Austin, Texas 78753. The amendments are proposed under the Texas Clean Air Act (TCAA), sec.382.017, Texas Health and Safety Code (Vernon 1990), which provides TACB with the authority to adopt rules consistent with the policy and purposes of the TCAA. sec.111.141. Geographic Areas of Application and Date of Compliance.
                                                                                            Section 111.141 of this title (relating to Geographic Areas of Application and Date of Compliance), sec.111.143 of this title (relating to Materials Handling), sec.111.145 of this title (relating to Construction and Demolition), sec.111.147 of this title (relating to Roads, Streets, and Alleys), and sec.111.149 of this title (relating to Parking Lots) shall apply to the following areas: the City of El Paso, including the Fort Bliss Military Reservation,
                                                                                              unless otherwise specified; that portion of Harris County inside the loop formed by Beltway 8; and that area of Nueces County outlined in the Group II State Implementation Plan for Inhalable Particulate Matter adopted by the Texas Air Control Board on May 13, 1988. Compliance with these sections shall be as soon as practicable ,
                                                                                                but no later than December 31, 1991 , except as follows: compliance on the Fort Bliss Military Reservation and compliance with sec.111.145(3) of this title (relating to Construction and Demolition); and sec.111.147(1), (E), (F), and (2) of this title (relating to Roads, Streets and Alleys), shall be as soon as practicable, but no later than December 10, 1993. sec.111.145. Construction and Demolition.
                                                                                                  For the purpose of this section, the following restrictions apply if the area of land affected by the listed activities is more than one acre in size, except for the City of El Paso, where restrictions shall apply regardless of the size of the area of land affected
                                                                                                    . No person may cause, suffer, allow, or permit a structure, road, street, alley, or parking area to be constructed, altered, repaired, or demolished, or land to be cleared without taking at least the following precautions to achieve maximum control of dust emissions to the extent practicable: (1)-(2) (No change.) (3) application of asphalt, other paving materials, water, suitable oil, or chemicals on construction and/or demolition site access roads located in the City of El Paso. sec.111.147. Roads, Streets, and Alleys.
                                                                                                      No person may cause, suffer, allow, or permit any public, industrial, commercial[,] or private road, street, or alley to be used without taking at least the following precautions to achieve maximum control of dust emissions to the extent practicable: (1) application of asphalt, water, or suitable oil or chemicals on the following unpaved surfaces, except in the City of El Paso, where the use of paving materials is the only acceptable method of dust control
                                                                                                        : (A)-(D) (No change.) (E) alleys-in the City of El Paso, shall be paved at the rate of 15 miles per year; (F) levee roads-in the City of El Paso, all levee roads and access to such roads shall be controlled with the application of asphalt, or suitable oil or chemicals as soon as practicable; (2) removal from public thoroughfares, as necessary, of soil or other materials, except for sand applied for the specific purpose of snow or ice control. In the City of El Paso, removal of soil shall be by mechanical sweepers or their equivalent at the rate of four times per year for all public thoroughfares within the city limits and six times per week or as necessary for public thoroughfares within the central business district. For the purpose of this section, the central business district shall be defined as that area bordered by Loop 375 to the south, Santa Fe Street to the west, Missouri Street to the north, and Kansas Street to the east. In the City of El Paso, spot cleaning of visibly dirty road areas, including sand applied for the specific purpose of snow or ice control, shall be accomplished as soon as practicable and records shall be maintained of all street sweeping activities. 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 25, 1991. TRD-9109127 Lane Hartsock Director, Planning and Development Program Texas Air Control Board Earliest possible date of adoption: September 6, 1991 For further information, please call: (512) 908-1770 TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part I. Texas Department of Public Safety Chapter 1. Organization and Administration Personnel and Employment Policies 37 TAC sec.1.22 The Texas Department of Public Safety proposes an amendment to sec.1.22, concerning screening of applicants on the basis of traffic and criminal record. Paragraph (2) is amended to delete and add language whereby a conviction of driving while intoxicated during the five-year period immediately prior to the date of application will be cause for automatic disqualification. The arrest title for driving under the influence of drugs is changed to driving while intoxicated by previous statutory provision. Melvin C. Peeples, assistance chief of fiscal affairs, 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. Terry H. Greene, commander of personnel bureau, has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be that applicants with a driving while intoxicated conviction that occurred more than five years prior to date of application for employment will be allowed to compete for non-commissioned positions within the department. 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 John C. West, Jr., Texas Department of Public Safety, Box 4087, Austin, Texas 78773-0001, (512) 465-2000. The amendment is proposed under the Texas Government Code, sec.411.007, which provides the Public Safety Commission with the authority to establish grades and positions for the department and set standards of qualifications for each such grade and position so established. Rulemaking authority is granted in this section. sec.1.22. Screening of Applicants on the Basis of Traffic and Criminal Records.
                                                                                                          When it is determined that an applicant fits into any of the following categories, the applicant will not be eligible to take the examination for entrance into the department, or if the applicant has completed the examination, the application will be rejected at once: (1) a conviction for a felony. Probation will be considered a conviction until the case is dismissed; (2) a conviction of driving while intoxicated during the five-year period immediately prior to the date of application
                                                                                                            [a conviction of driving while intoxicated or driving under the influence of drugs. Probation will be considered a conviction until the case is dismissed. This requirement may be waived for applicants seeking positions of labor or trades, providing the conviction has not occurred within the five-year period immediately prior to the date of application]; (3) the applicant's driver's license is suspended, cancelled, or revoked; (4) a traffic record or other condition of such a nature that the department has started action or is about to start action to suspend, cancel, or revoke the applicant's license; (5) a finding by a court of competent jurisdiction that the applicant was a delinquent child. If the applicant's record in the proceeding is ordered sealed, the incident should be disregarded and treated as though it did not exist; (6) the applicant's driver's license has been suspended by the department during the last five years as a habitual violator. 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 3, 1991. TRD-9109016 Joe E. Milner Director Texas Department of Public Safety Earliest possible date of adoption: September 6, 1991 For further information, please call: (512) 465-2000 Chapter 33. All-Terrain Vehicle Operator Education and Certification Program 37 TAC sec.sec.33.2-33.4 The Texas Department of Public Safety proposes amendment to sec.sec.33.2-33.4, concerning operator education program, operator education program sponsor and instructors, and notice of hearing requirements. Section 32.2(a) is amended by adding language regarding distribution of information about Texas laws which pertain to all-terrain vehicles. Section 33.3 is amended by deleting and adding language pertaining to instructor application for certification to teach in Texas. These amendments appear in subsections (a)-(c). Amendment to sec.33.4 adds subsection (a)(5) pertaining to department revocation of certification of the applicant or instructor. Melvin C. Peeples, assistant chief of fiscal affairs, 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. Henry Palma, Sr., manager, motorcycle safety bureau, 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 to ensure the public that administration of the All-Terrain Vehicle Program meets professional standards and state requirements for instructor of operator education programs. 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 John C. West, Jr., Texas Department of Public Safety, Box 4087, Austin, Texas 78773-0001, (512) 465-2000. The amendments are proposed under Texas Civil Statutes, Article 6701c-5, which provide the Texas Department of Public Safety with the authority to adopt rules to effectively administer the All Terrain Vehicle Education and Certification Program. sec.33.2. Operator Education Program. (a) The all-terrain vehicle operator education course curriculum shall consist of the Texas Department of Public Safety's approved training program and the distribution of information about Texas laws which pertain to all-terrain vehicles
                                                                                                              . The department approves and adopts the most current version of the ATV Safety Institute's seven-hour hands-on ATV ridercourse which meets the requirements set forth in the consent decree. (b)-(g) (No change.) sec.33.3. Operator Education Program Sponsor and Instructors. (a) The department will enter into an agreement with the All-Terrain vehicle Safety Institute (ASI), which represents the manufacturers who must conform to the requirements which have been mandated in the consent decree to operate the training program, to serve as program sponsor, to administer the program, and to train [and license] instructors. (b) The department approves and adopts the most current version of the ATV Safety Institute's instructor preparation curriculum and standards as identified in the most current edition of the ATV Safety Institute ATV RiderCourse Chief Instructor's Guide.
                                                                                                                [Persons successfully completing the approved all-terrain vehicle instructor preparation course and meeting the minimum qualifications set therein will be approved to teach the course in Texas for the period stated in their license.] (c) Upon written application to the department, persons who successfully complete the approved all-terrain vehicle instructor preparation course, enter into an instructor license agreement with ASI, and meet the minimum qualifications as contained in these rules will be approved to teach the course in Texas for the period stated in their license
                                                                                                                  . [The program sponsor will provide the department, on a quarterly basis, with a current list of instructors licensed to teach in Texas]. sec.33.4. Notice of Hearing Requirements. (a) The department may deny, suspend, or cancel its approval for a program sponsor to conduct a course or for an instructor to teach courses offered under this chapter if the applicant, instructor, or program sponsor: (1)-(4) (No change.) (5) does not enter into any license agreement required by these rules or any such agreement is revoked, transferred, assigned, or is subject to revocation because of the actions of the applicant or instructor. (b)-(h) (No change.) This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on July 3, 1991. TRD-9109015 Joe E. Milner Director Texas Department of Public Safety Earliest possible date of adoption: September 6, 1991 For further information, please call: (512) 465-2000 Part VIII. Commission on Fire Protection Personnel Standards and Education Chapter 233. Standards for Certification 37 TAC sec.233.5 The Commission on Fire Protection Personnel Standards and Education proposes an amendment to sec.233.5, concerning standards for certification. The section is amending definitions used in this chapter. K. R. Ethridge, field representative, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Mr. Ethridge 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 clarification of minimum training requirements and simplified scheduling of courses. 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 K. R. Ethridge, Field Representative, Commission on Fire Protection, 9800 North Lamar Boulevard, Suite 160, Austin, Texas 78753, (512) 837-9851. The amendment is proposed under the Government Code, Executive Branch, Chapter 416, sec.416.007, which provides the Commission on Fire Protection Personnel Standards and Education with the authority to adopt rules for the administration of this chapter and for the commission's internal management and control. sec.233.5. Definitions. (a) (No change.) (b) The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) -(5) (No change.) (6) Class hour-Defined as not less than fifty 50 minutes of instruction, also defined as a contact hour
                                                                                                                    [sixty (60) minutes of instruction]; a standard for certification of fire protection personnel. (7)-(25) (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 26, 1991. TRD-9109019 K. R. Ethridge Field Representative Commission on Fire Protection Personnel Standards and Education Earliest possible date of adoption: September 6, 1991 For further information, please call: (512) 837-9851 37 TAC sec.233.9 (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 Commission on Fire Protection Personnel Standards and Education or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The Commission on Fire Protection Personnel Standards and Education proposes the repeal of sec.233.9, concerning minimum standards for basic structure fire protection personnel certification. This repeal is proposed to become effective April 1, 1992, to coincide with the proposed effective date of a new sec.233.9 of this title relating to the same subject, which will contain new rules adopted by the commission for certification of structure fire protection personnel. K. R. Ethridge, field representative, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Mr. Ethridge 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 clarification of certification requirements. There will be no effect 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 K. R. Ethridge, Field Representative, Commission on Fire Protection, 9800 North Lamar Boulevard, Suite 160, Austin, Texas 78753, (512) 837-9851. The repeal is proposed under the Government Code, Executive Branch, Chapter 416, sec.416.007, which provides the Commission on Fire Protection Personnel Standards and Education with the authority to adopt rules for the administration of this chapter and for the commission's internal management and control. sec.233.9. Minimum Standards for Basic Structure Fire Protection Personnel. 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 26, 1991. TRD-9109020 K. R. Ethridge Field Representative Commission on Fire Protection Personnel Standards and Education Earliest possible date of adoption: September 6, 1991 For further information, please call: (512) 837-9851 The Commission on Fire Protection Personnel Standards and Education proposes new sec.233.9, concerning certification requirements for basic structure fire protection personnel. This new section has a proposed effect date of April 1, 1992, and is intended to replace the repealed sec.233.9, which will also become effective April 1, 1992. K. R. Ethridge, field representative, has determined that there will be fiscal implications as a result of enforcing or administering the section. The effect on state government for the first five-year period the section is in effect will be an estimated program cost of $56,860.15 for fiscal years 1992-1996; an increase in revenue of $18,953.38 for fiscal year 1992 and $56.860. 15 for fiscal years 1993-1996; and an estimated cost to the state of $37,906.76 for fiscal year 1992. There will be no additional costs to the state for fiscal years 1993-1996. The effect on local government, resulting from enforcing these section will depend on local government policy as follows. If a local government entity chooses to employ individuals, as fire protection personnel, who have notmet the training and testing requirements of this section, there will be no fiscal implications for that entity. If a local government entity chooses to employ individuals, as fire protection personnel, who have not met the training and testing requirements of this section and if the entity chooses to bear the training and testing cost required by this section, for the individual, then the fiscal implication for the entity will be a one time, 13% increase in the training cost, for each new fire protection person employed, and a one time additional cost for state examination that is estimated to be in a range from $50 to $100 for each individual examined. Mr. Ethridge 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 overall improvement in the level of training completed by fire protection personnel, resulting in an equal improvement in the level of service provided to the public. There will be no effect on small businesses. The economic cost to persons who are required to comply with the section as proposed will be a 13% increase in training cost due to an increase in required hours and an additional cost for state testing which is dependent upon the cost of administering the program. It is estimated that the cost per examination would be in a range from $50 to $100. Comments on the proposal may be submitted to K. R. Ethridge, Field Representative, Commission on Fire Protection, 9800 North Lamar Boulevard, Suite 160, Austin, Texas 78753, (512) 837-9851. The new section is proposed under the Government Code, Executive Branch, Chapter 416, sec.416.007, which provides the Commission on Fire Protection Personnel Standards and Education with the authority to adopt rules for the administration of this chapter and for the commission's internal management and control. sec.233.9. Minimum Standards for Basic Structural Fire Protection Personnel. (a) The effective date of this section shall be April 1, 1992. Training programs that are intended to satisfy the requirements for basic structure fire protection personnel certification, that are started after the effective date of this section, must meet the curriculum, competencies, hours, and examination requirements of this section. (b) All full-time, full-paid employees of any local government entity, who are assigned structure fire protection duties must be certified by the commission. In order to be certified, structure fire protection personnel must: (1) complete a commission approved basic structural fire suppression curriculum and successfully pass the commission examination prior to being assigned to fire suppression duties. An approved basic structure fire suppression curriculum shall consist of one of the following: (A) completion of the commission approved basic structural fire suppression curriculum as specified in Chapter 1, Basic Structure Fire Suppression Curriculum, of the commission's document titled "Commission Certification Curriculum Manual," as adopted by reference in sec.247.1 of this title (relating to Basic Structure Fire Suppression Curriculum), and successfully pass the commission examination as specified in Chapter 241, of this title, pertaining to Examinations for Certification, within one year prior to the date of assignment to fire suppression; or (B) completion of an out-of-state training program deemed equivalent to a commission approved basic structural fire suppression curriculum, documentation of one years' experience as a full-time/full-paid fire fighter, and successfully pass the commission examination as specified in sec.241.17(b) of this title (relating to Testing for Proof of Proficiency); or (C) completion of a military training program deemed equivalent to a commission approved basic structural fire suppression curriculum, documentation of one years' experience as a full-time/full-paid fire fighter and successfully pass the commission examination as specified in sec.241. 17(b); (2) complete as a minimum the certification requirements and be certified by the Texas Department of Health, as a emergency care attendant, within one year from the date of employment. Any higher level of emergency medical certification recognized by the Texas Department of Health, such as Emergency Medical Technician (EMT) or paramedic may also be used to satisfy the emergency medical training requirement of this section; (3) comply with the continuing education requirement specified in Chapter 243 of this title (relating to Continuing Education); (4) complete one year of employment, with a duty assignment defined by the commission as full-time, full-paid structure fire protection personnel. Out-of-state, or military personnel who have met the training requirements by either of the methods specified in paragraph (1)(C) or (D) of this subsection, relating to standards for certification, will have already met the one year requirement of this subsection. (c) All questions of training equivalency will be decided by the commission. (d) The commission examination required prior to assignment to fire suppression duties will be conducted according to the rules set forth in Chapter 241. (e) The commission approved basic structural fire suppression curriculum must be taught by a training facility that has been certified by the commission as provided in sec.sec.233.17-233.29 of this title (relating to Minimum Standards for Recruit Training Facilities for Structural Fire Suppression Personnel). 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 26, 1991. TRD-9109021 K. R. Ethridge Field Representative Commission on Fire Protection Personnel Standards and Education Earliest possible date of adoption: September 6, 1991 For further information, please call: (512) 837-9851 37 TAC sec.233.113 The Commission on Fire Protection Personnel Standards and Education proposes an amendment to sec.233.113, concerning minimum standards for Fire and Arson Investigator certification. The section is being proposed to amend subsection (e), adding the National Fire Academy Resident Fire and Arson Investigator Course. K. R. Ethridge, field representative, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Mr. Ethridge 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 addition of another source to obtain the required training for fire and arson investigator certification. 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 K. R. Ethridge, Field Representative, Commission on Fire Protection, 9800 North Lamar Boulevard, Suite 160, Austin, Texas 78753, (512) 837-9851. The amendment is proposed under the Government Code, Executive Branch, Chapter 416, sec.416.007, which provides the Commission on Fire Protection Personnel Standards and Education with the authority to adopt rules for the administration of this chapter and for the commission's internal management and control. sec.233.113. Minimum Standards for Basic Fire and Arson Investigation Certification. (a)-(d) (No change.) (e) Applicants wishing to qualify for basic fire and arson investigation certification by other than an accredited college semester hour program may do so by successfully completing the National Fire Academy Resident Fire and Arson Investigator Course, or
                                                                                                                      a commission approved, 90 class hour program, which must include as a minimum, the specified hours in the following subjects: (1)-(27) (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 26, 1991. TRD-9109022 K. R. Ethridge Field Representative Commission on Fire Protection Personnel Standards and Education Earliest possible date of adoption: September 6, 1991 For further information, please call: (512) 837-9851 37 TAC sec.233.131 (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 Commission Fire Protection Personnel Standards and Education or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The Commission on Fire Protection Personnel Standards and Education proposes the repeal of sec.233.131, concerning testing for renewal or certification status. This repeal is proposed to be effective April 1, 1992, to coincide with the proposed effective date of a new Chapter 241 of this title relating to Examinations for Certification which will contain commission rules for all required examinations. K. R. Ethridge, field representative, 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 repeal. Mr. Ethridge also has determined that for each year of the first five years the repeal is in effect the public benefit anticipated as a result of enforcing the repeal will be clarification of all testing requirements by consolidating all testing requirements in one new chapter titled Examinations for Certification. 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 K. R. Ethridge, Field Representative, Commission on Fire Protection, 9800 North Lamar Boulevard, Suite 160, Austin, Texas 78753, (512) 837-9851. The repeal is proposed under the Government Code, Executive Branch, Chapter 416, sec.416.007, which provides the Commission on Fire Protection Personnel Standards and Education with the authority to adopt rules for the administration of this chapter and for the commission's internal management and control. sec.233.131. Testing for Renewal or Certification Status. 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 26, 1991. TRD-9109023 K. R. Ethridge Field Representative Commission on Fire Protection Personnel Standards and Education Earliest possible date of adoption: September 6, 1991 For further information, please call: (512) 837-9851 Chapter 239. Fees 37 TAC sec.239.7, sec.239.9 The Commission on Fire Protection Personnel Standards and Education proposes amendments to sec.239.7 and sec.239.9, concerning fees charged for commission manuals. The effective date of this proposal is April 1, 1992, and is intended to coincide with the adoption of the new Commission Certification Curriculum Manual. The amendments also differentiate between the Commission Standards Manual and the new Commission Certification Curriculum Manual which replaces the commission lesson plans. K. R. Ethridge, field representative, 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. Mr. Ethridge 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 clarification of fee requirements for commission documents. 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 K. R. Ethridge, Field Representative, Commission on Fire Protection, 9800 North Lamar Boulevard, Suite 160, Austin, Texas 78753, (512) 837-9851. The amendments are proposed under the Government Code, Executive Branch, Chapter 416, sec.416.007, which provides the Commission on Fire Protection Personnel Standards and Education with the authority to adopt rules for the administration of this chapter and for the commission's internal management and control. sec.239.7. Fees-Standards Manual. (a) (No change.) (b) Standards
                                                                                                                        Manual fees shall not be combined with [other fees, such as] certification fees or renewal fees. Standards
                                                                                                                          Manual fees may be combined with fees for the Commission Certification Curriculum Manual
                                                                                                                            [state lesson plans] and copying fees. (c) (No change.) sec.239.9. Fees-Commission Certification Curriculum Manual [Lesson Plans]. (a) A fee of $30 will be charged for each [set of the] Commission Certification Curriculum Manual
                                                                                                                              [lesson plans]. (b) Fees for the
                                                                                                                                Commission Certification Curriculum Manual
                                                                                                                                  [lesson plans] shall not be combined with renewal fees or certification fees. Commission Certification Curriculum Manual
                                                                                                                                    [Lesson plan] fees may be combined with Commission Standards
                                                                                                                                      Manual fees and copy fees. [(c) A set of commission lesson plans covers one discipline only.] (c)
                                                                                                                                        [(d)] Payment shall be by money order, certified check, or employing entity check. No personal checks will be accepted. 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 26, 1991. TRD-9109024 K. R. Ethridge Field Representative Commission on Fire Protection Personnel Standards and Education Earliest possible date of adoption: September 6, 1991 For further information, please call: (512) 837-9851 Chapter 241. Examinations for Certification 37 TAC sec.sec.241.1, 241.3, 241.5, 241.7, 241.9, 241.11, 241.13, 241.15, 241.17 The Commission on Fire Protection Personnel Standards and Education proposes new sec.sec.241.1, 241.3, 241.5, 241.7, 241.9, 241.11, 241.13, 241.15, and 241.17, concerning examinations for certification. The new sections are being proposed to incorporate state testing for applicants. K. R. Ethridge, field representative, has determined that there will be fiscal implications as a result of enforcing or administering the sections. The effect on state government for the first five-year period the sections are in effect will be an estimated program cost of $56,860.15 for fiscal year 1992-1996; an increase in revenue of $18,953.38 for fiscal year 1992 and $56,860.15 for fiscal years 1993-1996. The cost to state government for fiscal year 1992 will be $37,906.76. There will be no cost to the state for fiscal years 1993-1996. The effect on local government for the first five-year period that the sections are in effect is dependent upon local government policy. If a local government entity chooses to employ fire protection personnel, who have already met the training and examination requirements of these sections, there will be no fiscal implications for that entity. If a local government entity chooses to employ persons as fire protection personnel who have not met the requirements of these sections, and if the entity chooses to bear the cost of these sections for the person, then the cost to the entity will be a one time cost per examination, estimated to be in a range from $50 to $100 for each person examined. Mr. Ethridge 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 will be an overall improvement in the level of training completed by fire protection personnel, resulting in an equal improvement in the level of service provided to the public. There will be no effect on small businesses. The economic cost to persons who are required to comply with the section as proposed will be dependent upon the cost of administrating the program. It is estimated that the cost per examination would be in a range from $50 to $100. Comments on the proposal may be submitted to K. R. Ethridge, Field Representative, Commission on Fire Protection, 9800 North Lamar Boulevard, Suite 160, Austin, Texas 78753, (512) 837-9851. The new sections are Chapter 416, sec.416.007, which provides the Commission on Fire Protection Personnel Standards and Education with the authority to adopt rules for the administration of this chapter and for the commission's internal management and control. sec.241.1. Effective Date.
                                                                                                                                          The effective date of this chapter shall be April 1, 1992. sec.241.3. Requirements-General. (a) In order to be certified by the commission as structure fire protection personnel, an individual must complete an approved curriculum as required for that discipline and pass a commission examination pertaining to that discipline. (b) The commission examination shall consist of at least a written test. (c) The commission examination may also include a performance test. If a performance test is included in the examination then the written test and the performance test together constitute a complete examination. sec.241.5. Definitions.
                                                                                                                                            The following words and terms, used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.
                                                                                                                                              Commission-The Texas Commission on Fire Protection Personnel Standards and Education.
                                                                                                                                                Curriculum-The competencies established by the commission as a minimum requirement for certification in a particular discipline.
                                                                                                                                                  Eligibility-A determination of whether or not an individual has met the requirements set by the commission and would therefore be allowed to take a commission examination.
                                                                                                                                                    Endorsement of eligibility-A signed statement testifying to the fact that an individual has met the training requirements specified by the commission and is qualified to take a commission examination. An endorsement of eligibility will usually be provided by the training coordinator of an approved basic certification school or course, however, it may be provided by a member of the commission staff in certain circumstances.
                                                                                                                                                      Examination-A state test administered by the commission which an examinee must pass as one of the requirements for certification.
                                                                                                                                                        Examinee-An individual who has met the commission requirements and therefore qualifies to take the commission examination.
                                                                                                                                                          Field proctor-An individual appointed by the commission to assist the staff proctor. The field proctor shall work under the supervision of a staff proctor to administer commission examinations.
                                                                                                                                                            Staff Proctor-A member of the commission staff who has been assigned by the commission, the responsibility to administer a commission examination. sec.241.7. Procedures. (a) Procedures for conducting written and/or performance examinations are determined by the commission. (b) The commission shall prescribe the content of any certification examination that tests the knowledge and/or skill of the examinee concerning the discipline addressed by the examination. (c) An individual who fails to pass a commission examination will be given one additional opportunity to pass the examination. After two failures, the examinee must re-qualify by repeating the curriculum applicable to that examination. (d) To apply for a commission examination, the designated training coordinator of the entity providing the training must complete that portion of the Course/School Prior Approval Submission Form (CFP-T) pertaining to commission examinations. The CFP-T form must be submitted to the commission at least 20 days prior to the proposed starting date of the course. The commission will set the time and place of the examination. A reasonable attempt shall be made to schedule the examination as soon as possible after the completion of the applicable course and at a place and time agreeable to the provider of the training. (e) If the designated coordinator of the entity providing the training determines that the time and/or place of the examination as set by the commission is not acceptable for good cause, he may request the commission to reschedule or relocate the examination providing the request is received at least 20 days prior to the original scheduled time of the examination or the new proposed time, whichever would result in the earliest notification. The commission shall give all such request due consideration and may reschedule or relocate the examination as necessary. (f) Each examination shall be administered by a member of the commission staff known as a staff proctor. (g) The staff proctor may proctor the examination alone or with the assistance of one or more additional proctors. The additional proctors shall be known as field proctors and shall be appointed by the commission. (h) The staff proctor shall: (1) ensure that the examination remains secure and is conducted under conditions warranting honest results; (2) collect all examination materials from any examinee who is dismissed; and (3) record the fact of examination on the endorsement of eligibility and shall collect any fraudulent or questionable endorsement. (i) The staff or field proctor shall: (1) monitor the examination while in progress; (2) control entrance to and exit from the test site; (3) permit no one in the room while the written test is in progress except proctors, examinees, and commission staff; (4) assign or re-assign seating; and (5) bar admission to or dismiss any examinee who fails to comply with any of the provisions of subsections (a) and (b) of this section. (j) Examination booklets, answer sheets, scratch paper and grade roster(s) will be delivered to the staff proctor by means specified by the commission. The staff proctor shall immediately document any errors detected in the examination materials provided. (k) The staff proctor shall remit to the commission all examination booklets, answer sheets, and scratch paper in the return container provided by the commission immediately following the completion of the written examination. (l) All official grading and notification shall come from the commission. The commission staff shall inform the training coordinator of test results in writing within 72 hours after completion of the examination. (m) The commission will provide one individual written grade report to each examinee, within 20 days after the completion of the examination. This report may be mailed to an address specified by the examinee. If the written grade report should prove to be undeliverable, it shall be the responsibility of the examinee to contact the commission office to make arrangements for an additional grade report. sec.241.9. Eligibility. (a) Eligibility to sit for a state examination is based, generally, upon the examinee completing the training requirements appropriate to that examination. However, an examination may not be taken by one who currently holds an active certificate from the commission in the discipline to which the examination pertains. (b) In order to qualify for a commission examination, the examinee must: (1) meet or exceed the minimum requirements set by the commission as a prerequisite for the specified examination; (2) possess and display upon request, at the test site, a valid and timely endorsement of eligibility for the specific examination sought; (3) bring to the test site and display upon request some identification which contains a photograph of the examinee; (4) report on time, to the proper location; and (5) comply with all the written and verbal instructions of the proctor; (c) An examinee shall not: (1) violate any of the fraud provisions of this section; (2) disrupt the examination; (3) bring into the examination site any books, notes, or other written materials related to the content of the examination; (4) refer to, use, or possess any such written material at the examination site; (5) give or receive answers or communicate in any manner with another examinee during the examination; (6) communicate any of the contents of an examination to another at any time; (7) steal, copy, or in any way reproduce any part of the examination; (8) engage in any deceptive or fraudulent act either during an examination or to gain admission to it; or (9) solicit, encourage, direct, assist, or aid another person to violate any provision of this section. (d) An endorsement of eligibility may be issued by: (1) a member of the commission staff; (2) a training coordinator of an approved academy; or (3) an individual designated by the commission. (e) An endorsement of eligibility shall: (1) be on a form provided by the commission; and (2) be signed, and completed by a person eligible under subsection (d) of this section, with a specific notation of the training completed and examination sought; (3) state that the examinee has met the minimum training standards appropriate to the type of examination sought; (4) include a date of issue; (5) include a date of expiration which shall in no case exceed one year from the date of issue. (f) For any endorsement of eligibility to be or remain valid it must: (1) not be issued in error or based on false or incorrect information, and, specifically, the examinee must meet the appropriate minimum training standards; and (2) be presented before its date of expiration. sec.241.11. Grading. (a) For a score to be or remain valid: (1) the examinee must complete the answer sheet, or otherwise record the answers, as instructed by the proctor; (2) The endorsement of eligibility must remain valid. (b) If performance skills are required as a part of the examination, then the examinee must demonstrate the performance skills as instructed by the proctor; and (c) The minimum passing score on each written examination shall be 70%. This means that 70% of the total possible valid questions must be answered correctly. The commission may, at its discretion, invalidate any question. (d) If the commission invalidates an examination score for any reason, it may also, at the discretion of the commission and for good cause shown, require a retest to obtain a substitute valid test score. sec.241.13. Performance Skills.
                                                                                                                                                              If performance skills are required as part of a commission examination, the performance skills portion shall be conducted as follows. (1) The performance skills portion of the examination shall consist of at least four practical skills objectives, which must be physically demonstrated by each examinee before an examination proctor. (2) The practical skills objectives chosen for the examination shall be selected from the practical skill objectives listed in that portion of the Commission Certification Curriculum Manual, pertaining to the discipline for which the examination is intended. (3) The practical skills objectives shall consist of one skill pertaining to self contained breathing apparatus and at least three other skills which are randomly selected by the staff proctor prior to the examination. (4) An examinee shall not be notified of the specific skills objectives to be tested until the time of the examination. (5) Performance skills examination check-sheets shall be made available by the commission office, to instructors of approved academies to assist them in preparing the examinees for the skills portion of a commission examination. (6) Failure of any part of the performance skills portion of the examination constitutes failure of the entire performance skills portion of the examination. (7) An examinee that fails the performance skills portion of the examination shall be allowed one retest of the performance skills portion, at a time and place to be determined by the staff proctor. In no case shall a retest be conducted until after the conclusion of the original examination. (8) An examinee being retested on the performance skills, shall be retested on the entire performance skills portion. No single skill retest will be permitted. (9) An examinee being retested on the performance skills portion of the examination shall be tested on randomly selected skills from the same subject areas as the original examination, as determined by the staff proctor. sec.241.15. Testing for Certification Status. (a) An individual on inactive status, (as defined in sec. 239.3(h) of this title (relating to Fees)) for more than one year may not renew the certificate or certificates that were previously held. (b) The individual may obtain a new certificate or certificates in the discipline or disciplines which was previously held by becoming employed to a position as defined in sec.233.5(b)(14) of this title (relating to Fire Protection Personnel) and: (1) passing a commission examination pertaining to the discipline or disciplines which was previously held; or (2) completing the current requirements, set by the commission for the discipline or disciplines previously held, that would be applied to an individual that had not been certified by the commission. sec.241.17. Testing for Proof of Proficiency. (a) If an individual becomes employed to a position as defined in sec. 233.5(b)(14) of this title (relating to Fire Protection Personnel), more than one year after passing a commission examination pertaining to the discipline to which the individual is assigned, the individual shall: (1) successfully complete the current commission requirements for certification in the discipline to which the individual is assigned; or (2) pass a commission proficiency examination, pertaining to the discipline to which the individual is assigned and be certified by the commission within the time specified for that discipline. If the individual is employed as a structure fire protection person, then the proficiency examination must be passed prior to assignment to fire suppression duties. (b) If an individual who has served a minimum of one year in a position defined by the commission, as full-time, full-paid fire protection personnel, in a state other than Texas or in a branch of the military, wishes to become eligible for certification in the state of Texas, the individual must: (1) successfully complete the current commission requirements for certification in the pertinent discipline; or (2) document equivalent training to that required by the commission for certification in the discipline in question, document one year of full-time, full-paid service in a position defined by the commission as fire protection personnel and pass a commission proficiency examination, pertaining to the discipline and be certified by the commission within the time specified for that discipline. If the individual is employed as a structure fire protection person, then the proficiency examination must be passed prior to assignment to fire suppression duties. (c) An individual who fails to pass a commission proficiency examination will be given one additional opportunity to pass the examination. After two failures, the examinee must re-qualify by repeating an approved curriculum applicable to that examination. (d) Passing the commission proficiency examination only indicates that an individual has satisfied the training requirements set by the commission. (e) The employing entity must apply to the commission for certification of all fire protection personnel, whether the individual completes an approved curriculum or passes the commission proficiency examination. (f) Successfully passing the commission proficiency examination does not prohibit the employing entity from requiring individuals to complete training requirements set by the employing entity. 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 26, 1991. TRD-9109025 K. R. Ethridge Field Representative Commission on Fire Protection Personnel Standards and Education Earliest possible date of adoption: September 6, 1991 For further information, please call: (512) 837-9851 Chapter 245. Administrative Inspections and Penalties 37 TAC sec.sec.245.1, 245.3, 245.5, 245.7, 245.9, 245.11, 245.13, 245.15, 245.17, 245.19, 245.21 The Commission on Fire Protection Personnel Standards and Education proposes new sec.sec.245.1, 245.3, 245.5, 245.7, 245.9, 245.11, 245.13, 245.15, 245. 17, 245.19, and 245.21, concerning administrative inspections and penalties. This chapter is being proposed to set standardized guidelines for violations. K. R. Ethridge, field representative, has determined that there will be fiscal implications as a result of enforcing or administering the sections. The effect on state government for the first five-year period the sections are in effect will be an estimated additional cost of $63,148.97 for fiscal years 1992-1996. There will be an increase in revenue due to penalties access for violations. No estimate can be made due to lack of past history on which to base a prediction. It is logical to assume, there will be more violations found in the first two years the sections are in effect, and less violations in the succeeding years. The effect on local government for the first five-year period that the sections are in effect is dependent upon the degree to which the local government entity complies with the Code and commission rule. If a local government entity maintains compliance, or only has minor violations which are corrected within 10 days, there will be no fiscal implications for that entity. If a local government entity is found to have committed major violations then the cost to the entity may be $500 to $1,000 per violation or more, plus hearing and legal fees. Mr. Ethridge also has determined that for each of the first five years the sections are in effect the public benefit anticipated as a result of enforcing the sections will be a more effective fire service within the state, providing a greater degree of protection to the public. There will be no effect on small businesses. The economic cost to persons who are required to comply with the sections as proposed may vary from $0 to more than $1,000 per violation, depending upon the degree of compliance with the Code and commission rule. Comments on the proposal may be submitted to K. R. Ethridge, Field Representative, Commission on Fire Protection, 9800 North Lamar Boulevard, Suite 160, Austin, Texas 78753, (512) 837-9851. The new sections are proposed under the Government Code, Executive Branch, Chapter 416, sec.416.007, which provides the Commission on Fire Protection Personnel Standards and Education with the authority to adopt rules for the administration of this chapter and for the commission's internal management and control. sec.245.1. Entity Inspections. (a) The commission shall conduct at least biennial inspections of the entities that fall under the regulatory authority of the commission. (b) The purpose of these inspections shall be to promote safety and proficiency in the fire service by ensuring compliance with state law and commission rules pertaining to minimum standards for fire protection personnel education, protective clothing, self contained breathing apparatus, or any other aspect of the fire service regulated by the commission. sec.245.3. Right of Access. (a) The commission, an inspector, or any duly authorized representative of the commission may enter the premises of any entity regulated by the commission at any time during normal working hours and in such manner as not to interfere with the conduct or operation of the entity to determine whether or not the entity is in compliance with the Government Code (Code) and the rules of the commission. (b) No person shall refuse to permit, or interfere with an inspection authorized by the Code or commission rules. (c) Interference with, or refusal to permit an inspection under the Code or commission rules is grounds for discipline. (d) The commission's right of access will be enforced through either administrative or judicial procedures as is necessary or required. sec.245.5. Duty to Comply; Enforcement. (a) An entity regulated by the commission shall have the duty to implement and maintain compliance with the rules and the Government Code (Code). (b) Every regulated entity under the Code shall be given an inspection covering the categories established by the commission. An entity found to be in non-compliance with the Code or rules of the commission shall be subject to warnings, fines, and other discipline as appropriate. sec.245.7. Procedures. (a) The inspector shall, if possible, notify the current or acting, on duty and available, department head of the inspector's presence at the department and his intention to conduct a departmental inspection. (b) During the course of the inspection, any noncompliance with state law or commission rule shall be noted and the severity of the violation considered by the inspector. Violations shall be determined to be either minor or major violations based upon the following guidelines. (1) Minor violations shall be defined as those violations which the inspector determines, do not pose a serious threat to personnel safety due to lack of personnel protection equipment or training. Although a history of compliance exists, examples of minor violations are: (A) self-contained breathing apparatus records or air quality testing records are not immediately available; (B) training records which are inadequate or not immediately available causing the inspector to be unable to determine compliance with commission training requirements; (C) protective clothing violations which the inspector determines are not flagrant or wide spread and do not constitute an immediate threat to personnel safety; (D) an overall noncompliance ratio of less than 20% per inspection unless the noncompliance is in a area defined as a major violation. (2) Major violations shall be defined as those violations which in the inspector's opinion constitutes an immediate threat to personnel safety, flagrant or repeated violations in the same or similar areas, fraud, or obvious attempts to circumvent state law or commission rule. Examples of major violations are: (A) failure to conduct commission required training in the manner prescribed by the commission; (B) false training records indicating compliance with commission training requirements when in fact the requirements were not met; (C) failure to provide, maintain, and test self contained breathing apparatus and related equipment as required by the commission; (D) failure to comply with commission requirements regarding breathing air used by fire protection personnel; (E) false self-contained breathing apparatus records or air quality testing records, indicating compliance with commission requirements when in fact the requirements were not met; (F) failure to provide protective clothing and equipment to fire suppression personnel as required by the commission; (G) failure to maintain protective clothing as required by the commission with numerous or repeated violations evident; (H) false protective clothing records indicating compliance with commission requirements when in fact the requirements were not met; (I) an overall noncompliance ratio of 20% or more per inspection; (c) In order to determine compliance with commission requirements pertaining to a particular item, the inspector shall: (1) examine at least 10% of the number of that particular item, which the department is required to possess. As an example, if an inspector is inspecting protective clothing, the inspector would determine the number of personnel which the department had assigned to fire suppression and would then examine a number of complete sets of protective clothing which would equal at least 10% of the number of personnel assigned to fire suppression. The same 10% Rule would apply to training records and self-contained breathing apparatus; (2) upon finding violations in the items inspected, of 20% or more, continue to inspect an additional 10% or more of the items to establish the degree of noncompliance and determine whether the violation is minor or major (see sec.245.5 of this title (relating this section and to Duty to comply; Enforcement)); (3) upon finding no violations, complete the inspection report and provide a copy for the department head and file the report with the commission. sec.245.9. Minor Violations.
                                                                                                                                                                If during the course of a departmental inspection, the inspector determines the department has committed minor violations, the following procedures shall apply. (1) The inspector shall issue a formal notice of noncompliance identifying the findings of fact. (2) The department then has 10 days from the date the formal notice of noncompliance is received, to correct the violations and come into compliance, by providing the commission with proof of compliance. (3) If the department comes into compliance within the 10-day time frame, the inspector will then follow up as necessary, complete the inspection report, provide a copy for the department head, and file the report with the commission. (4) If the department fails to come into compliance within the 10-day time frame, the following will occur. (A) A $500 fine shall be assessed for each violation. If it is determined by the commission that the same or similar violations have occurred within a five-year period, the fine shall be $1, 000 for each violation. (B) The department shall be granted 20 additional days to pay the fine and provide the commission with proof of compliance or submit a written notice of appeal. The total time frame for compliance or notice of appeal shall not exceed 30 days from the date the formal notice of noncompliance is received. (5) If the department pays the fine and comes into compliance within the total 30-day time period, the inspector will then follow up as necessary, complete the inspection report, provide a copy for the department head, and file the report with the commission. (6) If the department fails to pay the fine and come into compliance within the total 30-day time frame, a hearing shall be scheduled. If determined by the hearing process: (A) no violations occurred, all penalties and fines shall be suspended, the inspector will complete his report, provide a copy for the department head, and file the report with the commission; (B) violations occurred, the department may be: (i)
                                                                                                                                                                  allowed extra time to come into compliance; (ii)
                                                                                                                                                                    assessed appropriate penalties which may include suspensions, fines, hearing costs, and attorneys fees; (iii)
                                                                                                                                                                      required to publicly post at the department, or other location accessible to the public where like or similar public notices are posted, such as the courthouse or municipal building, said finds or orders, indicating actions necessary for compliance, for 30 continuous days from the date the decree is final and enforceable; and (iv)
                                                                                                                                                                        required to furnish proof of compliance. (7) At the conclusion of the hearing process, the inspector will then follow up as necessary, complete his report, provide a copy for the department hard, and file the report with the commission. sec.245.11. Major Violations.
                                                                                                                                                                          If during the course of a departmental inspection, the inspector determines the department has committed major violations, the following procedures shall apply. (1) The inspector shall issue a formal notice of noncompliance identifying the findings of fact. (2) A $500 fine shall be assessed for each violation. If it is determined by the commission that the same or similar violations have occurred within a five-year period the fine shall be $1,000 for each violation. (3) The department then has 30 days from the date the formal notice of noncompliance is received, to pay the fine, correct the violations, and to provide the commission with proof of compliance or submit written notice of appeal. (4) If the department pays the fine and comes into compliance within the 30-day time frame, the inspector will then follow up as necessary, complete his report, provide a copy for the department head, and file the report with the commission. (5) If the department fails to pay the fine and come into compliance within the total 30-day time frame, a hearing shall be scheduled. If determined by the hearing process: (A) no violations occurred, all penalties and fines shall be suspended; (B) violations occurred, the department may be: (i)
                                                                                                                                                                            allowed extra time to come into compliance; (ii)
                                                                                                                                                                              assessed appropriate penalties which may include suspensions, fines, hearing cost, and attorney fees; (iii)
                                                                                                                                                                                required to publicly post at the department, or other location accessible to the public where like or similar public notices are posted, such as the courthouse or municipal building, said findings, indicating actions necessary for compliance, for 30 continuous days from the day the decree is final and enforceable; and (iv)
                                                                                                                                                                                  required to furnish proof of compliance. (6) At the conclusion of the hearing process, the inspector will follow up as necessary, complete his report, provide the department head with a copy of the report, and file a copy with the commission. sec.245.13. Disciplinary Hearings.
                                                                                                                                                                                    Upon the filing of a complaint with the commission charging a regulated entity with a violation of the Government Code or commission regulations as grounds for disciplinary action, the commission shall provide for a hearing of the charges. All parties must be afforded an opportunity for hearing after reasonable notice of not less than 10 days prior to the hearing. Chapter 231 of this title (relating to Practice and Procedure), governs disciplinary proceedings under this chapter. sec.245.15. Judicial Enforcement.
                                                                                                                                                                                      If an entity commits three or more violations of a similar nature within any five-year period, proceedings for injunctive relief, penalties, and discipline shall be instituted; provided, however, that this section shall not prohibit the commission from resorting the judicial enforcement for any violation of the Government Code or rules. sec.245.17. Liability for Violations.
                                                                                                                                                                                        The issuance of violation notices, fines, and orders and the permitting of a regulated entity to correct deficiencies, in no way relieves the entity from the duty to, at all times, remain in complete compliance with the Government Code or commission rules or from the liability it could incur from failing to fulfill its statutory and regulatory duties. sec.245.19. Inspection Forms.
                                                                                                                                                                                          The executive director, or his designee, shall develop forms for the inspection of records, equipment, clothing, and facilities which shall be on file at the commission offices and available for public inspections. sec.245.21. Effective Date.
                                                                                                                                                                                            This chapter shall become effective and enforceable on January 1, 1992; provided, however, that violations occurring before the effective date but which have not been corrected as of that date shall be prosecutable under this chapter. 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 26, 1991. TRD-9109026 K. R. Ethridge Field Representative Commission on Fire Protection Personnel Standards and Education Earliest possible date of adoption: September 6, 1991 For further information, please call: (512) 837-9851 Chapter 247. Adoptions by Reference 37 TAC sec.247.1 The Commission on Fire Protection Personnel Standards and Education proposes new sec.247.1, concerning the adoption by reference of Chapter 1, Basic Structure Fire Suppression Curriculum, of the commission's document titled, "Commission Certification Curriculum Manual." K. R. Ethridge, field representative, has determined that there will be fiscal implications as a result of enforcing or administering the section. There will be no fiscal implications for state government as a result of enforcing or administering this section. The effect on local government, resulting from enforcing these section will depend on local government policy as follows. If a local government entity chooses to employ individuals, as fire protection personnel, who have met the training requirements of this section, there will be no fiscal implications for that entity. If a local government entity chooses to employ individuals, as fire protection personnel, who have not met the training requirements of this section and if the entity chooses to bear the training cost required by this section, for the individual, then the fiscal implication for the entity will be a one time, 13% increase in the training cost, for each new fire protection person employed. Mr. Ethridge also has determined that for each of the first five years the section as proposed is in effect the public benefit anticipated as a result of enforcing the section will be an overall improvement in the level of training completed by fire protection personnel, resulting in an equal improvement in the level of service provided to the public. There will be no effect on small businesses. The economic cost to persons who are required to comply with the section as proposed will be a 13% increase in training cost due to an increase in required hours. Comments on this proposal may be submitted to K. R. Ethridge, Field Representative, Commission on Fire Protection, 9800 North Lamar Boulevard, Suite 160, Austin, Texas 78753, (512) 837-9851. The new section is proposed under the Government Code, Executive Branch, Chapter 416, sec.416.007 which provides the Commission on Fire Protection Personnel Standards and Education with the authority to adopt rules for the administration of this chapter and for the commission's internal management and control. sec.247.1. Basic Structure Fire Suppression Curriculum. (a) The effective date of this section shall be April 1, 1992. (b) The Commission on Fire Protection Personnel Standards and Education adopts by reference Chapter 1, Basic Structure Fire Suppression Curriculum, of the commission's document titled "Commission Certification Curriculum Manual" as amended June 11, 1991. (c) The document adopted by reference in this section is on file in the offices of the Commission on Fire Protection Personnel Standards and Education, 9800 North Lamar Boulevard, Suite 160, Austin, Texas 78753, and is available for public inspection during regular working hours. A copy of the document may be obtained upon request and payment of the fee as specified in Chapter 239 of this title (relating to Fees). 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 26, 1991. TRD-9109018 K. R. Ethridge Field Representative Commission on Fire Protection Personnel Standards and Education Earliest possible date of adoption: September 6, 1991 For further information, please call: (512) 837-9851 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. Texas Department of Human Services Chapter 10. Family Self-Support Services Employment Services 40 TAC sec.10.2304 (Editor's Note: The Texas Department of Human Services proposed for permanent adoption the amended section it adotps on an emergency basis in this issue. The text of the amended section is in the Emergency Rules section of this issue.) The Texas Department of Human Services (DHS) proposes an amendment to sec.10. 2304, concerning support services for participants in job opportunities and basic skills (JOBS), in its Family Self-Support Services chapter. The purpose of the amendment is to establish a methodology by which JOBS transportation allowance limits, established by the Texas Board of Human Services on August 2, 1990, may be adjusted appropriately. The revised rates, effective August 1, 1991, appear in the "In Addition" section of this issue of the Texas Register. It has been determined that the current transportation allowance is insufficient to allow individuals eligible for and entitled to participate in the JOBS program to access transportation necessary for their participation in the program. The department is simultaneously adopting this amendment on an emergency basis effective August 1, 1991, for 120 days. Burton F. Raiford, chief financial officer, has determined that for the first five-year period the proposed section will be in effect there will be fiscal implications for state government as a result of enforcing or administering the section. The effect on state government for the first five-year period the section will be in effect is an estimated additional cost of $15,600 in fiscal year (FY) 1991; $1,348,311 in FY 1992; $1,569,842 in FY 1993; $1,626,257 in FY 1994; and $2,309,261 in FY 1995. There will be no effect on local government as a result of enforcing or administering the section. Mr. Raiford also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be to prevent a delay in providing sufficient reimbursement for transportation expenses necessary for JOBS participation, thereby allowing more clients to participate in JOBS activities helping them to gain employment and to become self-sufficient. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the proposed section. Questions about the content of this proposal may be directed to Carol Barron at (512) 450-4242 in DHS's Program Policy Section. Comments on the proposal may be submitted to Nancy Murphy, Policy and Document Support-194, Texas Department of Human Services E-503, P.O. Box 149030, Austin, Texas 78714-9030, within 30 days of publication in the Texas Register. The amendment is proposed under the Human Resources Code, Title 2, Chapter 22, which authorizes the department to administer public assistance programs. 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 30, 1991. TRD-9109068 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Proposed date of adoption: October 1, 1991 For further information, please call: (512) 450-3765 Chapter 49. Child Protective Services Subchapter F. Release [Expunction] Hearings 40 TAC sec.49.601, sec.49.603 The Texas Department of Human Services (DHS) proposes amendments to sec.49. 601 and sec.49.603. The purpose of the amendments is to change DHS's rules concerning hearings involving suspected abuse and neglect of children. The term DHS now uses for these hearings is "release hearings" instead of "expunction hearings." DHS also is proposing related amendments in Chapters 79 and 85 in this issue of the Texas Register. Burton F. Raiford, interim commissioner, has determined that for the first five-year period the proposed amendments will be in effect there will be no fiscal implications for state or local governments or small businesses as a result of enforcing or administering the amendments. Mr. Raiford also has determined that for each year of the first five years the amendments are in effect the public benefit anticipated as a result of enforcing the sections will be use of current terminology in DHS's rules concerning abuse and neglect of children. There is no anticipated economic cost to persons who are required to comply with the proposed amendments. Questions concerning the content of this proposal may be directed to Paul Leche at (512) 450-3106 in DHS's Office of the General Counsel. Comments on the proposal may be submitted to Nancy Murphy, Agency Liaison, Policy and Document Support-181, Texas Department of Human Services E-503, P.O. Box 149030, Austin, Texas 78714-9030, within 30 days of publication in the Texas Register. The amendment is proposed under the Human Resources Code, Title 2, Chapter 22, which provides the department with the authority to administer public assistance programs. sec.49.601. Definitions.
                                                                                                                                                                                              The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.
                                                                                                                                                                                                Release
                                                                                                                                                                                                  [Expunction] hearing-An administrative hearing provided under the Administrative Procedure and Texas Register Act, Texas Revised Civil Statutes, Article
                                                                                                                                                                                                    [Texas Civil Statutes, Article] 6252-13a. sec.49.603. Appeal Process.
                                                                                                                                                                                                      The appeal process is as follows: (1) an administrative review of the investigation findings (ARIF). The ARIF is a necessary precondition to requesting the administrative release
                                                                                                                                                                                                        [expunction] hearing, unless the ARIF is waived by mutual agreement of both parties. (A)-(C) (No change.) (2) the release
                                                                                                                                                                                                          (expunction] hearing. 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 31, 1991. TRD-9109125 Nancy Murphy Agency Liaison, Policy and Document Support Texas Department of Human Services Proposed date of adoption:October 1, 1991 For further information, please call:(512) 450-3765 Chapter 79. Legal Services Subchapter R. Release [Expunction] Hearings 40 TAC sec.sec.79.1701, 79.1702, 79.1704, 79.1709, 79.1713, and 79.1714 The Texas Department of Human Services (DHS) proposes amendments to sec.sec.79.1701, 79.1702, 79.1704, 79.1709, 79.1713, and 79.1714, concerning release hearings in its Legal Services chapter. The purpose of the amendments is to make minor procedural changes to DHS's rules concerning hearings involving suspected abuse and neglect of children. The term DHS now uses for these hearings is "release hearings" instead of "expunction hearings." DHS also is proposing in this issue of the Texas Register related amendments in Chapters 49 and 85 of this title Burton F. Raiford, interim commissioner, has determined that for the first five-year period the 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. Raiford 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 simplified procedures necessary to enable DHS to prosecute cases involving abuse and neglect of children. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the proposed sections. Questions concerning the content of the proposal may be directed to Paul Leche at (512) 450-3106 in DHS's Office of the General Counsel. Comments on the proposal may be submitted to Nancy Murphy, Agency Liaison, Policy and Document Support-181, Texas Department of Human Services E-503, P.O. Box 149030, Austin, Texas 78714-9030, within 30 days of publication in the Texas Register. The amendments are proposed under the Human Resources Code, Title 2, Chapter 22, which provides the department with the authority to administer public assistance programs. sec.79.1701. Definitions.
                                                                                                                                                                                                            The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.
                                                                                                                                                                                                              Release
                                                                                                                                                                                                                [Expunction] hearing-An opportunity for individuals found to have abused or neglected a child to correct
                                                                                                                                                                                                                  [expunge] the abuse or neglect finding in the [from] official records. sec.79.1702. Right to a Hearing. (a) A release
                                                                                                                                                                                                                    [An expunction] hearing must be granted to any alleged perpetrator about whom a finding of child abuse or neglect is to be released without that individual's consent. (b) A release
                                                                                                                                                                                                                      [An expunction] hearing must also be granted to any alleged perpetrator against whom an adverse action is to be taken by the department. In this and other instances in which the alleged perpetrator has the right to a release
                                                                                                                                                                                                                        [an expunction] hearing as well as the right to appeal related issues, the department, at its discretion, may combine the two appeals and hold a single hearing. sec.79.1704. Emergency Release/Use of Data.
                                                                                                                                                                                                                          Although abuse or neglect data is not usually released pending the results of the release
                                                                                                                                                                                                                            [expunction] hearing, data may be adversely used against an alleged perpetrator if the department determines that he constitutes an immediate danger to the health or safety of children. The evidentiary standards for this determination are set forth in the program rules on which the action is based. sec.79.1709. Authority.
                                                                                                                                                                                                                              The release
                                                                                                                                                                                                                                [expunction] hearing is conducted pursuant to the Administrative Procedure and Texas Register Act, Texas Revised Civil Statutes, Article 6252-13a
                                                                                                                                                                                                                                  [Texas Civil Statutes Article 6252-13a, the Administrative Procedure and Texas Register Act]. The administrative law judge decides whether to uphold the abuse or neglect finding based on the evidence presented at the hearing. He has no authority to overrule state or federal statutes, policies, or regulations. The department has the burden of proof. The evidentiary standards applicable at the hearing are the same as those set forth in the program rules on which the finding or action is based. sec.79.1713. Prehearing Procedure. (a)-(e) (No change.) (f) Depositions to perpetuate testimony. (1) Request. When the Texas Department of Human Services (DHS) expects to institute an action which may result in an adverse action, and DHS desires to preserve the testimony of any witness or other person so that the testimony may be used in the course of the adverse action or appeal, DHS's representative may file a request with the Hearings Department to take the deposition of the witness or other person. The request must include: (A) a statement that DHS expects to institute an adverse action as the result of an investigation being made; (B) a short statement of the subject matter of the investigation; (C) the names and residences, if known, or a description of the persons whose interest in the matter is expected to be adverse to DHS; (D) the names and addresses of the persons to be deposed and DHS's reasons for desiring to perpetuate the testimony, and (E) a request for an order from the Hearings Department authorizing the taking of the deposition. (2) Order. If satisfied that the perpetuation of testimony may prevent a failure or delay of justice, the administrative law judge will make an order authorizing the taking of the deposition and will state whether the deposition will be taken upon oral examination or written questions. The time and place at which the depositions are taken may be stated in the order or by means of notice as provided for depositions generally. The taking, signing, returning, objections to, and use of the depositions are subject to the deposition rules in the Texas Rules of Civil Procedure, provided that those rules are consistent with this section. sec.79.1714. Evidence and Depositions. (a) Rules of evidence. (1)-(3) (No change.) (4) DHS may determine that it is impossible or impractical to obtain the physical presence of a witness in the hearing room because of the witness' age, illness, custodial restrictions, or residence more than 100 miles from the site of the hearing. Under the following conditions, DHS or any other party to an administrative hearing may apply to the presiding administrative law judge for permission to obtain the testimony of these witnesses by telephonic means: (A) Application for permission to secure testimony by telephonic means must be made and the other parties to the action must be notified of the application at least 10 days prior to the date of the hearing. The application must state the reasons for the request. (B) The presiding administrative law judge must rule on the application at least five days prior to the hearing date to determine whether good cause exists to permit testimony to be obtained by telephone. If the administrative law judge finds that good cause exists, he will immediately advise the parties. The testimony may be taken under the following conditions. (i) The hearing room must be equipped with a speaker phone or other telephonic equipment which will enable all parties, including the administrative law judge and court reporter, to hear the statements of the absent witness simultaneously and which will permit the absent witness to hear all of the parties and the administrative law judge. (ii) The witness must be sworn and his testimony taken as if he were physically present in the hearing chamber. (b)-(f) (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 31, 1991. TRD-9109120 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Proposed date of adoption: October 1, 1991 For further information, please call: (512) 450-3765 Chapter 85. General Licensing Procedures Subchapter OO. Appeals of Licensing Staff Decisions The Texas Department of Human Services (DHS) proposes the repeal of sec.85. 4050, new sec.85.4050, and amendments to sec.sec.85.4013, 85.4021, and 85.4051 through 85.4057, concerning rules of evidence in its General Licensing Procedures chapter. The purpose of the repealed, new, and amended sections is to make minor procedural changes to DHS's rules concerning hearings involving suspected abuse and neglect of children. The term DHS now uses for these hearings is "release hearings" instead of "expunction hearings." DHS also is proposing related amendments in Chapters 49 and 79 of this title in this issue of the Texas Register. Burton F. Raiford, interim commissioner, has determined that for the first five-year period the repeal and sections are in effect there will be no fiscal implications for state or local governments or small businesses as a result of enforcing or administering the repeal sections. Mr. Raiford also has determined that for each year of the first five years the repeal and sections are in effect the public benefit anticipated as a result of enforcing the repeal and sections will be simplified procedures for prosecuting cases involving abuse and neglect of children. There is no anticipated economic cost to persons who are required to comply with the repeal and sections as proposed. Questions concerning the content of the proposal may be directed to Paul Leche at (512) 450-3106 in DHS's Office of the General Counsel. Comments on the proposal may be submitted to Nancy Murphy, Agency Liaison, Policy and Document Support-181, Texas Department of Human Services E-503, P.O. Box 149030, Austin, Texas 78714-9030, within 30 days of publication in the Texas Register. 40 TAC sec.85.4013, sec.85.4021 The amendments are proposed under the Human Resources Code, Title 2, Chapter 22, which provides the department with the authority to administer public assistance programs. sec.85.4013. Rules of Evidence. (a)-(c) (No change.) (d) Judicially known facts and telephonic testimony may be recognized as follows: (1)
                                                                                                                                                                                                                                    Official notice may be taken of all facts judicially known. Also, notice may be taken of generally recognized facts within the area of the department's specialized knowledge. Parties must be notified either before or during the hearing, or by reference in preliminary reports or otherwise, of the material officially noticed, including any staff memoranda or data. Parties must be given an opportunity to contest [the] material officially
                                                                                                                                                                                                                                      [so] noticed. The special skills or knowledge of the department staff may be used in evaluating the evidence. (2) DHS may determine that it is impossible or impractical to obtain the physical presence of a witness in the hearing room because of the witness' age, illness, custodial restrictions, or residence more than 100 miles from the site of the hearing. Under the following conditions, DHS or any other party to an administrative hearing may apply to the presiding adminis- trative law judge for permission to obtain the testimony of these witnesses by telephonic means: (A) Application for permission to secure testimony by telephonic means must be made and the other parties to the action must be notified of the application at least 10 days prior to the date of the hearing. The application must state the reasons for the request. (B) The presiding administrative law judge must rule on the application at least five days prior to the hearing date to determine whether good cause exists to permit testimony to be obtained by telephone. If the administrative law judge finds that good cause exists, he will immediately advise the parties. The testimony may be taken under the following conditions. (i) The hearing room must be equipped with a speaker phone or other telephonic equipment which will enable all parties, including the administrative law judge and court reporter, to hear the statements of the absent witness simultaneously and which will permit the absent witness to hear all of the parties and the administrative law judge. (ii) The witness must be sworn and his testimony taken as if he were physically present in the hearing chamber. (e)-(j) (No change.) (k) Depositions to perpetuate testimony are as follows. (1) Request. When the Texas Department of Human Services (DHS) expects to institute an action which may result in an adverse action, and DHS desires to preserve the testimony of any witness or other person so that the testimony may be used in the course of the adverse action or appeal, DHS's representative may file a request with the Hearings Department to take the deposition of the witness or other person. The request must include: (A) a statement that DHS expects to institute an adverse action as the result of an investigation being made; (B) a short statement of the subject matter of the investigation; (C) the names and residences, if known, or a description of the persons whose interest in the matter is expected to be adverse to DHS; (D) the names and addresses of the persons to be deposed and DHS's reasons for desiring to perpetuate the testimony, and (E) a request for an order from the Hearings Department authorizing the taking of the deposition. (2) Order. If satisfied that the perpetuation of testimony may prevent a failure or delay of justice, the administrative law judge will make an order authorizing the taking of the deposition and will state whether the deposition will be taken upon oral examination or written questions. The time and place at which the depositions are taken may be stated in the order or by means of notice as provided for depositions generally. The taking, signing, returning, objections to, and use of the depositions are subject to the deposition rules in the Texas Rules of Civil Procedure, provided that those rules are consistent with this section. sec.85.4021. Appeal Hearing General Procedures. (a) (No change.) (b) For hearings on licenses or certifications only, the following apply: (1)-(2) (No change.) (3) If an adverse action against a licensed or certified facility involves also an issue of the appropriateness of an allegation of child abuse or neglect and is also the subject of an appeal from an anticipated release of CANRIS information, the administrative law judge must hear the issue of the appropriateness of the release of CANRIS information and the accuracy of the CANRIS category at the same time that the panel considers the adverse action on the license or certification. However, the judge's consideration and determination must be made separately from the panel's findings on the issues submitted to them for consideration, even though the subject matter may partly or wholly overlap. If there is a conflict in the findings of the panel and the administrative law judge on these issues, the review committee is responsible for reconciling the conflict. (c) For hearings on registrations only, the following apply: (1)-(3) (No change.) (4) If an adverse action against a registered family home is based upon an allegation of child abuse or neglect and the adverse action is also the subject of an appeal from an anticipated release of CANRIS information, the administrative law judge must hear both issues in the same hearing. The judge's judgement must reflect a determination on the issues of revocation, the appropriateness of the release of CANRIS information, and the accuracy of the CANRIS category of entry. 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 31, 1991. TRD-9109121 Nancy Murphy Agency Liaison, Policy and Document Support Texas Department of Human Services Proposed date of adoption: October 1, 1991 For further information, please call: (512) 450-3765 Subchapter PP. Release [Expunction] Hearings 40TAC sec.85.4050 (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 Texas Department of Human Services or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The repeal is proposed under the Human Resources Code, Title 2, Chapter 22, which provides the department with the authority to administer public assistance programs. sec.85.4050. Expunction Hearings. 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 31, 1991. TRD-9109122 Nancy Murphy Agency Liaison, Policy and Document Support Texas Department of Human Services Proposed date of adoption: October 1, 1991 For further information, please call:(512) 450-3765 The new section is proposed under the Human Resources Code, Title 2, Chapter 22, which provides the department with the authority to administer public assistance programs. sec.85.4050. Release Hearings.
                                                                                                                                                                                                                                        Release of information hearings provide individuals found to have abused or neglected a child an opportunity to correct the abuse or neglect finding in official records. A release hearing must be granted to any alleged perpetrator about whom a finding of child abuse or neglect is to be released without that individual's consent. A release hearing must also be granted to any alleged perpetrator against whom an adverse action is to be taken by the Texas Department of Human Services (DHS). In this and other instances in which the alleged perpetrator has the right to a release hearing as well as the right to appeal related issues, DHS, at its discretion, may combine the two appeals and hold a single hearing. 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 31, 1991. TRD-9109123 Nancy Murphy Agency Liaison, Policy and Document Support Texas Department of Human Services Proposed date of adoption: October 1, 1991 For further information, please call: (512) 450-3765 40 TAC sec.sec.85.4051-85.4057 The amendments are proposed under the Human Resources Code, Title 2, Chapter 22, which provides the department with the authority to administer public assistance programs. sec.85.4051. Emergency Release and Use of Information. (a) Usually, abuse or neglect information is not released pending the results of a release
                                                                                                                                                                                                                                          [an expunction] hearing. However, information may be released to the employer if the department determines that the presence of the alleged perpetrator constitutes an immediate threat or danger to the health, safety, or welfare of the children. (b) (No change.) (c) A release
                                                                                                                                                                                                                                            [An expunction] hearing must be offered even if the information is released on an emergency basis. sec.85.4052. Release [Expunction] Hearing for a Facility Employee.
                                                                                                                                                                                                                                              When the alleged perpetrator is the employee of a facility, including an unlicensed or unregistered facility that is subject to regulation [, ] and including a facility making application, DHS sends the alleged perpetrator a notice including: (1)-(5) (No change.) sec.85.4053. Request for a Release [an Expunction] Hearing from a Facility Employee.
                                                                                                                                                                                                                                                If the alleged perpetrator wants to appeal, he must file a written request for a hearing. The request must be postmarked within 15 days after receiving the official notice of the findings from the department. sec.85.4054. Conduct of Release [Expunction] Hearings. (a) The administrative law judge conducts the release
                                                                                                                                                                                                                                                  [expunc- tion] hearing of facility operators and employees in accordance with Chapter 79, Subchapter R of this title (relating to Release
                                                                                                                                                                                                                                                    [Expunction] Hearings). When a licensee, registrant, or applicant and an employee are determined to be alleged perpetrators, and the findings are the basis, in whole or in part, for adverse action, the release
                                                                                                                                                                                                                                                      [expunction] process for each person is handled separately. (b) The administrative law judge conducts day care licensing or registration appeals and release
                                                                                                                                                                                                                                                        [expunction] hearings in accordance with Subchapter OO of this chapter (relating to Appeals of Licensing Staff Decisions) and Chapter 79, Subchapter R. Exception: In the event of conflicting time frames, DHS uses those set forth in Subchapter OO. (c) The administrative law judge conducts residential child care licensing appeals and release
                                                                                                                                                                                                                                                          [expunction] hearings in accordance with Subchapter OO and Chapter 79, Subchapter R. Exception: In the event of conflicting time frames, DHS uses those set forth in Subchapter OO. sec.85.4055. Request for a Release [an Expunction] Hearing by an Operator of an Unlicensed or Unregistered Facility Subject to Regulation.
                                                                                                                                                                                                                                                            If the alleged perpetrator is the operator of an unregulated facility which is subject to regulation, and the facility is not an applicant, DHS notifies the person of : (1)-(2) (No change.) (3) his right to request a release
                                                                                                                                                                                                                                                              [an expunction] hearing and to whom to address the request; and (4) the requirement that any request for a release
                                                                                                                                                                                                                                                                [an expunction] hearing must be postmarked within 15 days after the person received the official notice of findings from the department. sec.85.4056. Request for a Release [an Expunction] Hearing by a Licensee, Registrant, or Applicant. (a) If a license or registration is denied or revoked, based wholly or partly on the abuse or neglect finding, the licensee, registrant, or applicant has 30 days to request an appeal of the denial or revocation and a release
                                                                                                                                                                                                                                                                  [an expunction] hearing. (b) DHS advises the licensee, registrant, or applicant that the appeal of the denial or revocation, if chosen, and the release
                                                                                                                                                                                                                                                                    [expunction] hearing, if chosen, must be requested within 30 days following receipt of the notification whether he chooses to make either or both requests. sec.85.4057. Release [Expunction] of Findings of Child Protective Services.
                                                                                                                                                                                                                                                                      Release
                                                                                                                                                                                                                                                                        [Expunction] appeals of abuse or neglect findings made by DHS child protective services staff are handled according to the provisions of Subchapter PP of this chapter (relating to Release
                                                                                                                                                                                                                                                                          [Expuntion] Hearings. 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 31, 1991. TRD-9109124 Nancy Murphy Agency Liaison, Policy and Document Support Texas Department of Human Services Proposed possible date of adoption: October 1, 1991 For further information, please call:(512) 450-3765 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 22. EXAMINING BOARDS Part V. State Board of Dental Examiners Chapter 116. Dental Laboratories 22 TAC sec.116.3 The State Board of Dental Examiners has withdrawn from consideration for permanent adoption a proposed amendment to sec.116.3, which appeared in the February 19, 1991, issue of the Texas Register (16 TexReg 1081). The effective date of this withdrawal is July 31, 1991. Issued in Austin, Texas, on July 31, 1991. TRD-9109112 Carol McGarah Administrative Technician III State Board of Dental Examiners Effective date: July 31, 1991 For further information, please call: (512) 477-2985 The State Board of Dental Examiners has withdrawn from consideration for permanent adoption a proposed amendment to sec.116.3, which appeared in the March 22, 1991, issue of the Texas Register (16 TexReg 1739). The effective date of this withdrawal is July 31, 1991. Issued in Austin, Texas, on July 31, 1991. TRD-9109116 Carol McGarah Administrative Technician III State Board of Dental Examiners Effective date: July 31, 1991 For further information, please call: (512) 477-2985 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 22. EXAMINING BOARDS Part V. State Board of Dental Examiners Chapter 116. Dental Laboratories 22 TAC sec.sec.116.1, 116.2, 116.4 The Texas State Board of Dental Examiners adopts amendments to sec.sec.116.1, 116.2, and 116.4. Section 116.2 and s116.4 are adopted with changes to the proposed text as published in the February 19, 1991, issue of the Texas Register (16 TexReg 1081). Section 116.1 is adopted without changes and will not be republished. The board adopts the amendment in order to provide for the protection of public health and welfare and enhance the quality of dental health care in Texas, and to provide the public access to information. The following changes were made to further clarify the language and define the rule: sec.116.2 "For this chapter" was added; sec.116.4(1) "a designated" was added; sec.116.4(b) "qualifying" was changed to "designated"; "a nationally recognized organization of dentistry or dental technology" replaced "the Dental Laboratory Certification Council". The amendments clarify wording and further define the existing rules. The Dental Laboratory Certification Council appeared before the board and recommended the rule be adopted as amended. Commenting in favor of the rule was the Dental Laboratory Certification Council. The amendments are adopted under Texas Civil Statutes, Article 4551f(6)(a)-(c) , which provide the Texas State Board of Dental Examiners with the authority to adopt and enforce such rules and regulations not inconsistent with the laws of the state as may be necessary for the performance of its duties and/or to ensure compliance with the state laws relating to the practice of dentistry to protect the public health and safety. sec.116.2. Dental Technician. For this chapter a dental technician shall be considered an employee of a specific dental laboratory if said employee working on the premises of the dental laboratory is working a minimum of 30 hours per week at a specific laboratory and not more than 10 hours per week at any other laboratory. sec.116.4. Continuing Education. (a) Any laboratory renewing a certificate subsequent to September 1, 1990 must provide proof that a designated employee working on the premises of the dental laboratory has completed at least 12 hours of continuing education during the preceding 12 month period. (b) The continuing education shall be comprised of business management, infection control and technical competency courses presented in seminars or clinics as accepted by a nationally recognized organization of dentistry or dental technology. All designated employees must complete at least one course in infection control and no more than one course in business management annually. Self study in a course approved by a nationally recognized organization of dentistry or dental technology may be taken for not more than 4 hours of the annual requirement. (c) (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 30, 1991. TRD-9109115 C. Thomas Camp Executive Director Texas State Board of Dental Examiners Effective date: August 21, 1991 Proposal publication date: February 19, 1991 For further information, please call: (512) 477-2985 22 TAC sec.116.3 The Texas State Board of Dental Examiners adopts an amendment to sec.116.3, with changes to the proposed text as published in the February 5, 1991, issue of the Texas Register (16 TexReg 623). The board adopts this rule to provide for the protection of public health and welfare and enhance the quality of dental health care in Texas, and to provide the public access to information. This rule is amended to allow laboratories to perform shade taking and computer imaging; and to allow the Dental Laboratory Certification Council to adopt guidelines for recommending the approval of registrations. The Dental Laboratory Certification Council appeared before the board and recommended the rule be adopted as amended. Commenting in favor of the amendment was the Dental Laboratory Certification Council. The amendment is adopted under Texas Civil Statutes, Article 4551f(6)(a)-(c), which provide the Texas State Board of Dental Examiners with the authority to adopt and enforce such rules and regulations not inconsistent with the laws of the state as may be necessary for the performance of its duties and/or to ensure compliance with the state laws relating to the practice of dentistry to protect the public health and safety. sec.116.3. Requirements. (a) A dental laboratory shall be registered according to the provisions of Texas Civil Statutes, Article 4551f(6)(a)-(c), if it is a place where a person undertakes to perform or accomplish any act or service listed in Texas Civil Statutes, Article 4451f(1). Permitted services to be provided under a written order from a dentist include: (1) shade taking performed by a registered laboratory when authorized by a prescription from a licensed dentist. Shade taking does not constitute the practice of dentistry; (2) computer imaging as pertaining to the oral cavity by a registered laboratory. Computer imaging may be accomplished when authorized by a prescription from a licensed dentist. The result should be furnished to that dentist accompanied by a disclaimer to the patient that computer imaging is an artistic interpretation and does not guarantee exact results. (b) (No change.) (c) The Dental Laboratory Certification Council shall adopt guidelines for recommending the approval of registrations. 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 30, 1991. TRD-9109113 C. Thomas Camp Executive Director Texas State Board of Dental Examiners Effective date: August 21, 1991 Proposal publication date: February 2, 1991 For further information, please call: (512) 477-2985 Part XIX. Polygraph Examiners Board Chapter 391. Polygraph Examiner Internship 22 TAC sec.391.3 The Polygraph Examiners Board adopts an amendment to sec.391.3, concerning internship training schedule, without changes to the proposed text as published in the April 30, 1991, issue of the Texas Register (16 TexReg 2417). The amendment is adopted so that the polygraph industry will be more closely regulated in areas that the board determines to be critical. The section insures that only qualified polygraph schools will be approved by the board. No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Polygraph Examiners Act, Texas Civil Statutes, Article 4413(29cc), sec.6(a), which provides the Polygraph Examiners Board with the authority to issue regulations consistent with the provisions of this 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 29, 1991. TRD-9109060 Bryan M. Perot Executive Officer Polygraph Examiners Board Effective date: August 20, 1991 Proposal publication date: April 30, 1991 For further information, please call: (512) 465-2058 Part XXIII. Texas Real Estate Commission Chapter 535. Provisions of the Real Estate License Act Definitions 22 TAC sec.535.17 The Texas Real Estate Commission adopts an amendment to s535.17 concerning appraisals, with changes to the proposed text as published in the June 4, 1991, issue of the Texas Register (16 TexReg 3025). The amendment requires Texas real estate licensees to conduct appraisals in accordance with Uniform Standards of Professional Appraisal Practice (USPAP) in effect at the time the appraisal is performed. The amendment is necessary to establish specific standards and ensure compliance with future revisions of the USPAP. On adoption, language referring to appraisers certified by the commission was deleted. Responsibility for appraiser certification has been transferred from the commission to the Texas Appraiser Licensing and Certification Board created by the 72nd Legislature (1991). No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 6573a, sec.5(h), which authorize the commission to make and enforce all rules and regulations necessary for the performance of its duties. sec.535.17. Appraisals. (a)-(i) (No change.) (j) Except as provided by this section, appraisals of real property performed in this state by Texas real estate licensees shall be conducted in accordance with the Uniform Standards of Professional Appraisal Practice of the Appraisal Foundation in effect at the time the appraisal is performed. A real estate licensee may, for a separate fee, provide an opinion of value or comparative market analysis which does not conform with the Uniform Standards of Professional Appraisal Practice of the Appraisal Foundation, if the licensee provides the person for whom the opinion or analysis is prepared with a written statement containing the following language: "THIS IS AN OPINION OF VALUE OR COMPARATIVE MARKET ANALYSIS AND SHOULD NOT BE CONSIDERED AN APPRAISAL. In making any decision that relies upon my work, you should know that I have not followed the guidelines for development of an appraisal or analysis contained in the Uniform Standards of Professional Appraisal Practice of the Appraisal Foundation. " (k)-(l) (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 26, 1991. TRD-9108999 Mark A. Moseley General Counsel Texas Real Estate Commission Effective date: August 19, 1991 Proposal publication date: June 4, 1991 For further information, please call: (512) 465-3900 Licenses 22 TAC sec.535.91 The Texas Real Estate Commission adopts an amendment to s535.91, concerning licensing: renewal applications, with changes to the proposed text as published in the June 4, 1991, issue of the Texas Register (16 TexReg 3025). The amendment requires licensees of the commission to use a renewal application form approved by the commission and to provide information relating to the time the licensee devotes to real estate related activity. The licensee also will be required to indicate residential mailing address, gender, and date of birth. As adopted, the renewal form also contains a question concerning whether the licensee has been convicted of a felony; the question was added to the form to comply with a provision of Senate Bill 432, 72nd Legislature (1991). The form also was modified to include a question concerning the licensee's ethnic group to permit criminal history records of the Texas Department of Public Safety to be accessed by computer. Questions relating to social security number and vendor identification number were deleted due to space limitations. The amendment is necessary for the commission to determine the extent to which its licensees engage in the various business activities regulated by the commission. The information obtained will assist the commission in providing education and enforcement services to its licensees and the public. Five comments were received opposing the amendment. Three comments questioned the need for the commission for the required information. Four commenters contended the questions were an invasion of privacy. The commission determined that there is a need for the requested information and that no privacy rights are violated by requiring the requested information to be provided. Comments received were from individuals therefore the names will not be published. No comments were received in support of the amendment. The amendment is adopted under Texas Civil Statutes, Article 6573a, sec.5(h), which authorize the commission to make and enforce all rules and regulations necessary for the performance of its duties. sec.535.91. Licensing: Renewal Applications. (a) The licensee has the responsibility to apply for renewal of a license by making proper application and to complete mandatory continuing education (MCE) courses within the time periods required by the Real Estate License Act (the Act), s7A. The commission shall mail a renewal application form to the licensee's last known business address or, if the licensee is in an inactive status permitted by the Act, to the licensee's last known residence address as shown in the commission's computerized records. Applications must be made on the current renewal application form approved by the commission accompanied by the required fee. Failure to receive a license renewal application form does not relieve a licensee of the obligation to obtain the appropriate form and to apply for renewal to maintain licensure. Failure to provide information requested by the commission in connection with a renewal application is grounds for disciplinary action under the Act, sec.15B(b). (b) The Texas Real Estate Commission adopts by reference Renewal Application Form 1, approved by the commission in 1991. This form is published by and available from the Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188. 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 26, 1991. TRD-9109000 Mark A. Moseley General Counsel Texas Real Estate Commission Effective date: August 19, 1991 Proposal publication date: June 4, 1991 For further information, please call: (512) 465-3900 Chapter 539. Rules Relating to the Provisions of the Residential Service Company Act Subchapter I. Funded Reserves 22 TAC sec.539.81 The Texas Real Estate Commission adopts new sec.539.81 concerning funded reserves, without changes to the proposed text as published in the June 4, 1991, issue of the Texas Register (16 TexReg 3026). Section 539.81 requires residential service companies which have not obtained reinsurance to establish identified funded reserves in accounts in specified forms or in specified securities of the United States of America or a state or unit of local government. Funded reserves are required to ensure that licensed companies may provide repair services in a timely manner. The new section is necessary to provide safeguards for the establishment and maintenance of funded reserves. Two comments were received in support of the new section. The comments were from individuals therefore the names will not be published. The new section is adopted under Texas Civil Statutes, Article 6573b, sec.5(b), which authorizes the Texas Real Estate Commission to adopt rules and regulations necessary to effectuate the intent and provisions of the Residential Service Company 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 26, 1991. TRD-9109001 Mark A. Moseley General Counsel Texas Real Estate Commission Effective date: August 19, 1991 Proposal publication date: June 4, 1991 For further information, please call: (512) 465-3900 TITLE 34. PUBLIC FINANCE Part IV. Employees Retirement System of Texas Chapter 81. Insurance 34 TAC sec.81.1 The Employees Retirement System of Texas adopts an amendment to sec.81.1, concerning definitions, with changes to the proposed text as published in May 7, 1991, issue of the Texas Register (16 TexReg 34). The modification of the definition of dependent will allow some dependents to be covered under the Uniform Group Insurance Program who are excluded at the present time. Participants in the Uniform Group Insurance Program will be advised of change in the rules and those with children in their household meeting the requirements of the rule will be able to enroll the children as dependents. No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Insurance Code, Article 3.50-2, sec.4, which provides the Employees Retirement System of Texas with the authority to promulgate all rules, regulations, plans, procedures, and orders reasonably necessary to implement and carry out the purposes and provisions of the Texas Employees Group Insurance Benefits Act. sec.81.1. Definitions. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. Dependent-The spouse of an employee or retiree and unmarried children under 25 years of age, including: (A)-(B) (No change.) (C) a stepchild or foster child whose primary place of residence is the employee/retiree's household; (D) (No change.) (E) a child who is in a parent-child relationship to the employee/retiree, provided the child's primary place of residence is the household of the employee/retiree, the employee/retiree provides the necessary care and support for the child, and if the natural parent of the child is 21 years of age or older, the natural parent does not reside in the same household; and (F) (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 29, 1991. TRD-9109011 Charles D. Travis Executive Director Employees Retirement System of Texas Effective date: August 19, 1991 Proposal publication date: May 7, 1991 For further information, please call: (512) 867-3336 TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part I. Texas Department of Public Safety Chapter 1. Organization and Administration Accounting Procedures 37 TAC sec.1.231 The Texas Department of Public Safety adopts new sec.1.231, concerning protest, dispute resolution, hearings, without changes to the proposed text as published in the June 7, 1991, issue of the Texas Register (16 TexReg 3129). The adoption of this section is necessary to establish a method of resolving challenges made by aggrieved parties regarding state procurement procedures. Adoption of this section will establish a formal procedure within the department to handle protests of bid procedures or the awarding of contracts on purchases delegated to the department. The department finds it necessary to establish these procedures to formally handle a protest in order to resolve matters through department administration. No comments were received regarding adoption of the new section. The new section is adopted under the Texas Government Code, sec.411.004(3) and sec.411.006(4), which provides the Public Safety Commission with the authority to adopt rules necessary for carrying out the department's work. The director, subject to the approval of the commission, shall have the authority to adopt rules considered necessary for the control of the department. 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 9, 1991. TRD-9109014 Joe E. Milner Director Texas Department of Pubic Safety Effective date: August 19, 1991 Proposal publication date: June 7, 1991 For further information, please call: (512) 465-2000 Part XI. Texas Juvenile Probation Commission Chapter 341. Texas Juvenile Probation Commission 37 TAC sec.341.15 The Texas Juvenile Probation Commission adopts an amendment to sec.341.15, without changes to the proposed text as published in the February 22, 1991, issue of the Texas Register (16 TexReg 1155). The amendment is made to bring the rule into accord with its text as originally published in the Texas Register , and to change a statutory reference to reflect recodification of the statute. The amendment describes how the Texas Juvenile Probation Commission considers and resolves complaints about lack of compliance with its standards. No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Human Resources Code, sec.141.049, which provides the Texas Juvenile Probation Commission with the authority to establish a procedure to consider and resolve complaints about lack of compliance with its standards. 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 26, 1991. TRD-9109031 Bernard Licarione, Ph.D Executive Director Texas Juvenile Probation Commission Effective date: August 19, 1991 Proposal publication date: February 22, 1991 For further information, please call: (512) 443-2001 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part III. Texas Commission on Alcohol and Drug Abuse Chapter 151. Licensure Licensure Standards 40 TAC sec.151.72 The Texas Commission on Alcohol and Drug Abuse adopts an amendment to sec.151.72, concerning licensure procedures and standards, with changes to the proposed text as published in the May 17, 1991, issue of the Texas Register (16 TexReg 2724). The amendment establishes requirements for treatment facility's admission and discharge criteria. This amendment specifically addresses the commission's prohibition of payment for client referrals for admission or services of any kind. This section was reworded to simplify meaning to include two definitions for payment and referral. The amendment is adopted as a result of the commission's commitment to curb unethical referral practices that may lead to inappropriate client admissions. Two comments were received addressing general semantics. Per recommendation, this revision was placed at beginning of the section to reduce confusion as to types of referral fees prohibited. A commenter opposing adoption of the section as proposed was El Paso County Alcohol and Drug Abuse Treatment Services. In the title of this section, "Referral" was omitted because inclusion would require repeal and republication of the entire section. Other comments received involving semantics were declined to ensure simplicity and clarity and to avoid any room for misinterpretation. The amendment is adopted under the Texas Health and Safety Code, Title 6, Subtitle B, Chapter 464, which provides the Texas Commission on Alcohol and Drug Abuse with the authority to establish procedures which the commission is to license chemical dependency treatment facilities. sec.151.72. Admission and Discharge. (a) Payment for a referral is prohibited. Payment of a reasonable fee for actual services performed or treatment rendered under these standards is not prohibited, provided that the payment of such a fee for service or treatment is in no way contingent upon a referral. (1) "Payment" means monetary compensation or any other benefit or form of consideration. (2) "Referral" means the act or action of directing or recommending any person(s) for treatment or services. (b) The facility provides only those categories of service for which it is licensed. (c) The facility has written admission criteria for each category of service. (1) The criteria describe a client population appropriate for the category of service. (2) The criteria exclude individuals the program is not equipped to treat. (d) All clients admitted to the program meet admission criteria. (e) Whenever possible, clients found ineligible for admission are provided with appropriate referrals. (f) Programs admitting adolescents attempt to obtain consent from both the client and the legal consenter. When this is not possible, the reason is documented in the client record. (g) The program provides an orientation for clients and legal consenters and offers it to family members and significant others identified by the client. If legal consenters are unable to attend on-site orientation, the information is provided over the phone or by mail upon request. The orientation includes discussion and documentation describing: (1) program philosophy and objectives, including introductory material on the disease concept and family dynamics of chemical dependency; (2) opportunities for family involvement in the treatment program; (3) services available for family members in the community; (4) rules about visits, telephone calls, mail, and gifts, if applicable. (h) Orientation for adolescent clients and their legal consenters also includes the following information: (1) the policy for discipline and behavior management; (2) the procedure to be followed when an adolescent client leaves the facility without permission. (In outpatient programs, this applies to clients who leave the program site without notice but does not apply to clients who miss scheduled appointments or activities.); (3) trips away from the facility, if applicable; (4) use of volunteers or sponsoring families, if applicable. (i) Facilities accepting emergency detentions, commitments, or law enforcement referrals are licensed for the appropriate categories of service and have received the commission's specific approval in one or more of the following areas: (1) emergency detentions; (2) adult inpatient civil or criminal involuntary commitments; (3) adult outpatient civil or criminal involuntary commitments; (4) inpatient juvenile commitments; (5) outpatient juvenile commitments; (6) treatment as an alternative to arrest for public intoxication. (j) The facility has written discharge criteria for each category of service. (1) The criteria describe requirements for successful completion of the program. (2) The criteria identify circumstances resulting in discharge prior to successful completion of the program. (k) All discharges are planned to provide maximum protection and continuity of services to the client. (l) Clients and legal consenters participate in the discharge planning process. Whenever possible, other family members or significant others are also involved. (m) The facility documents at least one follow-up contact with the client after discharge. If it is not possible to establish contact, a reasonable attempt is documented. 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 30, 1991. TRD-9109133 Bob Dickson Executive Director Texas Commission on Alcohol and Drug Abuse Effective date: September 2, 1991 Proposal publication date: May 17, 1991 For further information, please call: (512) 867-8700 Open Meetings Agencies with statewide jurisdiction must give at least seven days notice before an impending meeting. Institutions of higher education or political subdivisions covering all or part of four or more counties (regional agencies) must post notice at least 72 hours prior to a scheduled meeting time. Some notices may be received too late to be published before the meeting is held, but all notices are published in the Texas Register. Emergency meetings and agendas. Any of the governmental entities named above must have notice of an emergency meeting, an emergency revision to an agenda, and the reason for such emergency posted for at least two hours before the meeting is convened. Emergency meeting notices filed by all governmental agencies will be published. Posting of open meeting notices. All notices are posted on the bulletin board outside the Office of the Secretary of State on the first floor of the East Wing in the State Capitol, Austin. These notices may contain more detailed agenda than what is published in the Texas Register. Texas Department of Agriculture Wednesday, August 7, 1991, 10 a.m. The Texas Agricultural Finance Authority of the Texas Department of Agriculture will meet at the Stephen F. Austin Building, 1700 North Congress Avenue, Ninth Floor Conference Room, Austin. According to the agenda summary, the authority will discuss and act on minutes of July 11, meeting; hear report on Young Farmers Endowment Program; discuss Alta Verde project; credit review committee report; budget review; report on funding; rule changes; report from Bond Counsel; and discussion of other business. Contact: Dick Waterfield, P.O. Box 12847, Austin, Texas 78711, (512) 475-1614. Filed: July 30, 1991, 4:45 p.m. TRD-9109105 Friday, August 9, 1991, 3 p.m. The Texas Department of Agriculture will meet at the Texas Department of Agriculture District Office, 2626 South Loop West, Suite 130, Houston. According to the complete agenda, the department will hold an administrative hearing to review alleged violation of Texas Agriculture Code Annotated sec.103.001 et seq (Vernon) by Farmland Produce as petitioned by Larry McPhearson. Contact: Dolores Alvarado Hibbs, P.O. Box 12847, Austin, Texas 78711, (512) 463-7583. Filed: July 30, 1991, 4:46 p.m. TRD-9109106 Friday, August 9, 1991, 2 p.m. The Texas Department of Agriculture will meet at the Texas Department of Agriculture District Office, 2626 South Loop West, Suite 130, Houston. According to the complete agenda, the department will hold an administrative hearing to review alleged violation of Texas Agriculture Code Annotated sec.103.001 et seq (Vernon) by Farmland Produce as petitioned by Alex Hitzfelder in Case Number 1234. Contact: Dolores Alvarado Hibbs, P.O. Box 12847, Austin, Texas 78711, (512) 463-7583. Filed: July 30, 1991, 4:47 p.m. TRD-9109107 Friday, August 9, 1991, 4 p.m. The Texas Department of Agriculture will meet at the Texas Department of Agriculture District Office, 2626 South Loop West, Suite 130, Houston. According to the complete agenda, the department will hold an administrative hearing to review alleged violation of Texas Agriculture Code Annotated sec.103.001 et seq (Vernon) by Farmland Produce as petitioned by John W. Stahman. Contact: Dolores Alvarado Hibbs, P.O. Box 12847, Austin, Texas 78711, (512) 463-7583. Filed: July 30, 1991, 4:47 p.m. TRD-9109108 Friday, August 9, 1991, 1 p.m. The Texas Department of Agriculture will meet at the Texas Department of Agriculture District Office, 2626 South Loop West, Suite 130, Houston. According to the complete agenda, the department will hold an administrative hearing to review alleged violation of Texas Agriculture Code Annotated sec.103.001 et seq (Vernon) by Farmland Produce as petitioned by Alex Hitzfelder in Case Number 1233. Contact: Dolores Alvarado Hibbs, P.O. Box 12847, Austin, Texas 78711, (512) 463-7583. Filed: July 30, 1991, 4:47 p.m. TRD-9109109 Friday, August 9, 1991, 11 a.m. The Texas Department of Agriculture will meet at the Texas Department of Agriculture District Office, 2626 South Loop West, Suite 130, Houston. According to the complete agenda, the department will hold an administrative hearing to review alleged violation of Texas Agriculture Code Annotated sec.103.001 et seq (Vernon) by Farmland Produce as petitioned by Jerald Theiss and Sons'. Contact: Dolores Alvarado Hibbs, P.O. Box 12847, Austin, Texas 78711, (512) 463-7583. Filed: July 30, 1991, 4:48 p.m. TRD-9109110 Friday, August 9, 1991, 10 a.m. The Texas Department of Agriculture will meet at the Texas Department of Agriculture District Office, 2626 South Loop West, Suite 130, Houston. According to the complete agenda, the department will hold an administrative hearing to review alleged violation of Texas Agriculture Code Annotated sec.103.001 et seq (Vernon) by Farmland Produce as petitioned by Manuel Rioz. Contact: Dolores Alvarado Hibbs, P.O. Box 12847, Austin, Texas 78711, (512) 463-7583. Filed: July 30, 1991, 4:48 p.m. TRD-9109111 State Bar of Texas Wednesday, August 7, 1991, 10 a.m. The Commission on Lawyer Discipline of the State Bar of Texas will meet at the State Bar of Texas, 405 North Saint Mary's, #600, San Antonio. According to the agenda summary, the commission will review and discuss settlement authority; member disqualification; review delegated cases; discuss case statistics; pending litigation and confidential grievance matters (closed executive session, Article 6252-17(2)(e)); case update; pro bono prosecution; reports-standard responses, ABA Standards Insurance, case status, settlement authority forms, finance and budget; computer system; docketing of grievances; prior minutes; relief prayer; expansion of Grievance Committees; operating rules; Grievance Committee member seminars; commission duties and rules of disciplinary procedures; general counsel budget; general counsel reorganization; budget; performance of chief disciplinary (closed executive session, Article 6252-17(2)(g); appointment of public members; appointment of board director advisor; future meeting dates; and possible social activities. Contact: Susan Gettman, 400 West 15th Street, #1500, Austin, Texas 78711, (512) 463-1381. Filed: July 30, 1991, 3:40 p.m. TRD-9109083 Texas Board of Chiropractic Examiners Saturday, August 3, 1991, 9 a.m. The Texas Board of Chiropractic Examiners met at the Wyndham Greenspoint, 12400 Greenspoint Drive, Houston. According to the emergency revised agenda summary, the board discussed and acted on an amendment to sec.77.5 miscellaneous; discussed, considered and acted on a new section concerning non-licensees controlling the professional judgment of the doctor. In addition, discussion and consideration of a rule concerning a recovery program for doctors with substance abuse problems. The emergency status was necessary as these rules address areas of the chiropractic profession which could present an immediate threat to the public health safety and welfare. In particular, instances where owners of clinics are not licensed chiropractors yet try to influence the doctors treatment of patients. Also, doctors with substance abuse problems may not receive the assistance needed without a regulated, mandated program. Contact: Jennie Smetana, 8716 MoPac Expressway North, Suite 301, Austin, Texas 78759, (512) 343-1895. Filed: July 31, 1991, 3:28 p.m. TRD-9109161 Texas Education Agency Monday, August 5, 1991, 2 p.m. The Ad Hoc Committee on Redistricting of the Texas Education Agency held an emergency meeting at the William B. Travis Building, 1701 North Congress Avenue, Room 1-109, Austin. According to the agenda summary, the committee considered redistricting recommendations. The emergency status was necessary in order to respond to the recommendations of the Senate Committee of the Whole Redistricting Committee which was scheduled to meet on August 5. Contact: Criss Cloudt, 1701 North Congress Avenue, Austin, Texas 78701, (512) 463-9701. Filed: July 30, 1991, 4:42 p.m. TRD-9109104 Wednesday, August 7, 1991, 9 a.m. The School Facilities Advisory Committee of the Texas Education Agency will meet at the William B. Travis Building, 1701 North Congress Avenue, Room 1-104, Austin. According to the complete agenda, the committee will approve minutes of July 11, 1991 meeting; and discuss facilities standards. Contact: Joe Wisnoski, 1701 North Congress Avenue, Room 3-101, Austin, Texas 78701, (512) 463-9704. Filed: July 30, 1991, 4:42 p.m. TRD-9109103 Fire Department Emergency Board Wednesday, July 31, 1991, 9 a.m. The Board of Directors of the Fire Department Emergency Board held an emergency meeting at 1106 Clayton Lane, Conference Room 203E, Austin. According to the complete agenda, the board took roll call; approved minutes of June 21, 1991 meeting; discussed new business: legislation for future funding of the Fire Department Emergency Program; and adjourned. The emergency status was necessary as during the special session of the legislature, the Senate unforeseeably proposed zero-funding for the Fire Department Emergency Program. There existed an urgent public necessity to discuss board funding proposals with the legislature as well as an urgent public necessity for funding the Fire Department Emergency Program because many paid and volunteer fire departments have inadequate training and equipment to protect the public from fire hazards. Contact: Barney Oldham, Route 2, P.O. Box 69, Bertram, Texas 78605, (512) 472-0512. Filed: July 30, 1991, 10:06 a.m. TRD-9109065 Texas Department of Health Wednesday, August 14, 1991, 9 a.m. The Speech/Language Screening Subcommittee of the Children's Speech, Hearing Language Screening Advisory Committee of the Texas Department of Health will meet at the Texas Department of Health, 1100 West 49th Street, M-117 Moreton Building, Austin. According to the complete agenda, the committee will discuss goals of committee; pre-school screening program for three-five year old children concerning teacher checklist and proposed service delivery areas; early identification screening program for 0-3 year old children concerning present developmental screening and options for adding a focused communication delay component to the screening program; and committee recommendations to the children's speech, hearing language screening advisory committee. Contact: Doug Ozias, 1100 West 49th Street, Austin, Texas 78756, (512) 458-7420. Filed: July 31, 1991, 1:51 p.m. TRD-9109150 State Board of Insurance Wednesday, August 7, 1991, 8:30 a.m. The State Board of Insurance will meet at the William P. Hobby Building, 333 Guadalupe Street, Room 100, Austin. According to the agenda summary, the board will review and discuss personnel; litigation; commissioner's orders; solvency matters; and consideration of no smoking ordinance for the William P. Hobby Building. Contact: Angelia Johnson, 333 Guadalupe Street, Austin, Texas 78701, (512) 463-6328. Filed: July 30, 1991, 3:58 p.m. TRD-9109086 Wednesday, August 7, 1991, 1:30 p.m. The State Board of Insurance will meet at the William P. Hobby Building, 333 Guadalupe Street, Room 100, Austin. According to the agenda summary, the board will consider adoption on an emergency basis of rules, rates and forms for the installation of burglar alarm systems; consider request from the The Travelers for cessation of acceptance of small premium policies through the Small Premium Policy Plan; consider amendment to Board Order 58574 relating to cessation of acceptance of small premium policies by Employers Casualty Company through the Small Premium Policy Plan; consider final action on new 28 TAC sec.9.31 concerning adoption by reference of an amendment to a rate rule for providing a premium credit on a mortgagee policy; consider authorization for publication as a proposal of an amendment to 28 TAC sec.9.401, concerning adoption by reference of the Texas Title Insurance Statistical Plan; consider approval of distribution to former members' of the Texas Catastrophe Property Insurance Association to be payable to the Receiver for the State of Texas or the Ancillary Receiver; review and discuss personnel; litigation; consider possible modifications of procedures concerning printing and distribution of certain SBI manuals; and discussion of the internal audit quarterly status report. Contact: Angelia Johnson, 333 Guadalupe Street, Austin, Texas 78701, (512) 463-6328. Filed: July 30, 1991, 3:57 p.m. TRD-9109085 Wednesday, August 28, 1991, 10 a.m. The State Board of Insurance will meet at the William P. Hobby Building, 333 Guadalupe Street, Room 100, Austin. According to the complete agenda, the board will hold a public hearing under Docket Number 1813 to consider a determination made by the staff with respect to ownership of Contract Employment Systems, Inc.; and concerning the effective date of any change of ownership on calculation of an experience modifier applicable to workers' compensation insurance premium. Contact: Angelia Johnson, 333 Guadalupe Street, Austin, Texas 78701, (512) 463-6328. Filed: August 1, 1991, 9:18 a.m. TRD-9109171 Texas Department of Licensing and Regulation Thursday, August 8, 1991, 10 a.m. The Texas Industrialized Building Code Council of the Texas Department of Licensing and Regulation will meet at the E. O. Thompson Building, 920 Colorado Street, Room 1012, Austin. According to the complete revised agenda, the council will review minutes of last meeting; department updates; discuss old business: update on model rules; discuss new business: adoption of 1991 edition of uniform building code, uniform mechanical code, uniform plumbing code, southern building code, southern plumbing code, southern mechanical code, and southern gas code; cancellation of approvals after adoption of new edition of codes; code interpretations: determination of occupant load based on number of exits, accessory use areas, and area of corridors; review of DRA performance; request for approval of alternate method/material by Fibrebond Corporation; HWC letter concerning TPIA criteria; approval of third parties; and election of chairman and vice chairman. Contact: Deborah Myer, 920 Colorado Street, E. O. Thompson Building, Seventh Floor, Austin, Texas 78711, (512) 463-7357. Filed: July 30, 1991, 10:47 p.m. TRD-9109066 Texas Council on Offenders with Mental Impairments Friday, August 2, 1991, 8 a.m. The Executive Committee of the Texas Council on Offenders with Mental Impairments met at the TDCJ, Pardons and Paroles Division, 8610 Shoal Creek Boulevard, Building Eight, Austin. According to the emergency revised agenda summary, the committee will call the meeting to order; hear public comments; approve minutes from the last meeting; discuss project contracts; priority activities; hear executive director's report; discuss any old or new business; and adjourned. The emergency status was necessary due to scheduling conflicts of the executive committee members and other unforeseen circumstances. Contact: Pat Hamilton, P.O. Box 12546, Austin, Texas 78711, (512) 459-2720. Filed: July 30, 1991, 4:26 p.m. TRD-9109101 Texas Department of Mental Health and Mental Retardation Thursday, August 8, 1991, 9 a.m. The Board Human Resources Committee of the Texas Department of Mental Health and Mental Retardation will meet at the TDMHMR Central Office, 909 West 45th Street, Auditorium, Austin. According to the complete agenda, the committee will give an update on employee satisfaction survey; and consideration of appointment of Director of Rio Grande State Center. If deaf interpreters required, notify TDMHMR (512) 323-3255, Ernest Fuentes, 72 hours prior to the meeting. Contact: Dennis R. Jones, 909 West 45th Street, Austin, Texas 78756, (512) 465-4506. Filed: July 31, 1991, 4:18 p.m. TRD-9109163 Thursday, August 8, 1991, 9:30 a.m. The Board Audit Committee of the TDMHMR Central Office, 909 West 45th Street, Auditorium, Austin. According to the complete agenda, the committee will consider risk assessment and FY 1992 work load; and internal audit activity update. If deaf interpreters required, notify TDMHMR (512) 323-3255, Ernest Fuentes, 72 hours prior to the meeting. Contact: Dennis R. Jones, 909 West 45th Street, Austin, Texas 78756, (512) 465-4506. Filed: July 31, 1991, 4:18 p.m. TRD-9109164 Thursday, August 8, 1991, 10 a.m. The Board Planning and Policy Development Committee of the Texas Department of Mental Health and Mental Retardation will meet at the TDMHMR Central Office, 909 West 45th Street, Auditorium, Austin. According to the complete agenda, the committee will review and discuss legislative update and consideration of legislative initiatives; naming of the Rehabilitation and Therapeutic Riding Center areas of the Richmond State School; adoption of amendments to subchapter governing the in-home and family support program; adoption of amendments to new bed plan governing ICF/MR in subchapter on interagency agreements; consideration of changes to citizens' comments during board meetings; discussion regarding TDHS work group on medicaid waiver programs; and discussion regarding telemedicine. If deaf interpreters required, notify TDMHMR (512) 323-3255, Ernest Fuentes, 72 hours prior to the meeting. Contact: Dennis R. Jones, 909 West 45th Street, Austin, Texas 78756, (512) 465-4506. Filed: July 31, 1991, 4:19 p.m. TRD-9109165 Thursday, August 8, 1991, 11:30 a.m. The Board Business and Asset Management Committee of the Texas Department of Mental Health and Mental Retardation will meet at the TDMHMR Central Office, 909 West 45th Street, Auditorium, Austin. According to the complete agenda, the committee will review allocation of FY 1992 federal funds for projects for assistance in transition for homeless (PATH); consideration of a grazing lease at the Mexia State School; consideration of a permanent easement to the San Antonio River Authority on property at the San Antonio State Hospital; and consideration of items related to the West 38th Street planned unit development lease. If deaf interpreters required, notify TDMHMR (512) 323-3255, Ernest Fuentes, 72 hours prior to the meeting. Contact: Dennis R. Jones, 909 West 45th Street, Austin, Texas 78756, (512) 465-4506. Filed: July 31, 1991, 4:18 p.m. TRD-9109162 Thursday, August 8, 1991, noon. The Board of The Texas Department of Mental Health and Mental Retardation will meet at the TDMHMR Central Office, 909 West 45th Street, Auditorium, Austin. According to the agenda summary, the board will call the meeting to order; and hear citizens' comments (limited to three minutes). If deaf interpreters required, notify TDMHMR (512) 323-3255, Ernest Fuentes, 72 hours prior to the meeting. Contact: Dennis R. Jones, 909 West 45th Street, Austin, Texas 78756, (512) 465-4506. Filed: July 31, 1991, 4:19 p.m. TRD-9109166 Texas Optometry Board Thursday, August 8, 1991, 10 a.m. The Texas Optometry Board will meet at 303 West 15th Street, Guest Quarters Hotel, Austin. According to the agenda summary, the board will meet in regards to proposed Board Rule 280, therapeutic optometry; following the public hearing all committees of the board will meet; following committee meetings, a special meeting will be held to consider reports of Secretary-Treasurer, legal counsel, executive director, committee chairpersons; consider unfinished business and new business regarding adoption of proposed Rule 280, establishment of Therapeutic Education Committee; discussion regarding vision therapy by non-optometric individuals, general mailing, budget and legislative matters; meet in executive session in compliance with Article 6252-17, Vernon's Annotated Civil Statutes, sec.2(e), to discuss contemplated/pending litigation; and matters referred or to be referred to the Attorney General. Contact: Lois Ewald, 9101 Burnet Road, Suite 214, Austin, Texas 78758, (512) 835-1938. Filed: July 31, 1991, 2:09 p.m. TRD-9109153 Texas Department of Public Safety Monday, August 12, 1991, 2 p.m. The Public Safety Commission of the Texas Department of Public Safety will meet at DPS Headquarters, Commission Room, 5805 North Lamar Boulevard, Austin. According to the complete agenda, the commission will approve minutes; hear presentation by Texas State Troopers Association; discuss budget matters; personnel matters; pending and contemplated litigation; real estate matters; miscellaneous; and other unfinished business. Contact: Joe E. Milner, 5805 North Lamar Boulevard, Austin, Texas 78752, (512) 465-2000, ext. 3700. Filed: August 1, 1991, 9:24 a.m. TRD-9109172 Public Utility Commission of Texas Wednesday, August 7, 1991, 9 a.m. The Public Utility Commission of Texas will meet at 7800 Shoal Creek Boulevard, Suite 450N, Austin. According to the agenda summary, the commission will consider the following dockets: 9824, 10381, 10122, 10123, 9973, 9305, 9960, 8289, 9796, 10150, 10059, 8869, 9943, 10113, 10144, 9703, 10083, and P10511. Contact: Mary Ross McDonald, 7800 Shoal Creek Boulevard, Austin, Texas 78757, (512) 458-0100. Filed: July 30, 1991, 4:09 p.m. TRD-9109087 Wednesday, August 7, 1991, 9:05 a.m. The Administrative Division of the Public Utility Commission of Texas will meet at 7800 Shoal Creek Boulevard, Suite 450N, Austin. According to the agenda summary, the division will discuss reports, discussion and action on budget and fiscal matters; legislative update; state auditor's financial audit report; adjournment 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 final adjournment. Contact: Mary Ross McDonald, 7800 Shoal Creek Boulevard, Austin, Texas 78757, (512) 458-0100. Filed: July 30, 1991, 4:10 p.m. TRD-9109090 Thursday, August 8, 1991, 10 a.m. The Hearings Division of the Public Utility Commission of Texas will meet at 7800 Shoal Creek Boulevard, Suite 450N, Austin. According to the complete agenda, the division will hold a prehearing conference in Docket Number 10513-application of Brazos Electric Power Cooperative, Inc. to change its fuel cost factor. Contact: Mary Ross McDonald, 7800 Shoal Creek Boulevard, Austin, Texas 78757, (512) 458-0100. Filed: July 30, 1991, 4:10 p.m. TRD-9109088 Friday, August 9, 1991, 10 a.m. The Hearings Division of the Public Utility Commission of Texas will meet at 7800 Shoal Creek Boulevard, Suite 450N, Austin. According to the complete agenda, the division will hold a prehearing conference in Docket Number 10509-application of Southwestern Electric Power Company to modify the supplementary, standby, and maintenance power service-Class II tariff. Contact: Mary Ross McDonald, 7800 Shoal Creek Boulevard, Austin, Texas 78757, (512) 458-0100. Filed: July 30, 1991, 4:10 p.m. TRD-9109089 Monday, August 12, 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 summary, the division will hold a second prehearing conference in Docket Number 10382-Southwestern Bell Telephone Company statement of intent to change and restructure the rates for certain optional custom calling service (CCS) features for residential customers. Contact: Mary Ross McDonald, 7800 Shoal Creek Boulevard, Austin, Texas 78757, (512) 458-0100. Filed: July 31, 1991, 3:10 p.m. TRD-9109156 Monday, November 11, 1991, 10 a.m. The Hearings Division of the Public Utility Commission of Texas will meet at 7800 Shoal Creek Boulevard, Suite 450N, Austin. According to the complete agenda, the division will hold a final prehearing conference in Docket Number 10212-petition of GTE Corporation and Contel Corporation for declaratory relief. Contact: Mary Ross McDonald, 7800 Shoal Creek Boulevard, Austin, Texas 78757, (512) 458-0100. Filed: July 31, 1991, 3:10 p.m. TRD-9109157 Monday, November 4, 1991, 10 a.m. The Hearings Division of the Public Utility Commission of Texas will meet at 7800 Shoal Creek Boulevard, Suite 450N, Austin. According to the complete agenda, the division will hold a hearing on the merits in Docket Number 10353-petition of general counsel to modify the access service tariff of GTE Southwest Inc. Contact: Mary Ross McDonald, 7800 Shoal Creek Boulevard, Austin, Texas 78757, (512) 458-0100. Filed: July 31, 1991, 3:11 p.m. TRD-9109159 Thursday, November 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 complete agenda, the division will hold a hearing on the merits in Docket Number 10212-petition of GTE Corporation and Contel Corporation for declaratory relief. Contact: Mary Ross McDonald, 7800 Shoal Creek Boulevard, Austin, Texas 78757, (512) 458-0100. Filed: July 31, 1991, 3:10 p.m. TRD-9109158 Railroad Commission of Texas Monday, August 12, 1991, 1 p.m. The Railroad Commission of Texas will meet at the William B. Travis Building, 1701 North Congress Avenue, Executive Conference Room, Austin. According to the complete agenda, the commission will meet with its staff to discuss matters regarding changes in commission procedures and rules necessary to implement Senate Bill 1103; salvage of oil field equipment; and increasing efficiency of enforcement and state-funded plugging programs. Contact: Jamie Nielson, P.O. Box 12967, Austin, Texas 78711-2967, (512) 463-6864. Filed: July 30, 1991, 1:42 p.m. TRD-9109071 The Texas A&M University System, Board of Regents Wednesday, August 7, 1991, 10 a.m. The Executive Committee of the Board of Regents of The Texas A&M University System will meet at the Board of Regents Meeting Room, College Station. According to the complete agenda, the committee will establish a budget for the Board of Regents. Contact: Vickie Running, The Texas A&M University System, College Station, Texas 77843, (409) 845-9600. Filed: July 31, 1991, 10:41 a.m. TRD-9109142 Texas Southern University Tuesday, August 6, 1991, 4 p.m. The Board of Regents Academic Affairs and Personnel Committee of Texas Southern University will meet at Texas Southern University, 3100 Cleburne Avenue, Hannah Hall, Room 117, Houston. According to the complete agenda, the committee will consider reports on progress of academic activities and programs; and discuss personnel actions. Contact: Everett O. Bell, 3100 Cleburne Avenue, Houston, Texas 77004, (713) 529-8911. Filed: July 31, 1991, 8:46 a.m. TRD-9109118 University Interscholastic League Tuesday, August 6, 1991, 9 a.m. The State Executive Committee of the University Interscholastic League will meet at the Wyndham Hotel, IH-35 and Ben White Boulevard, Austin. According to the agenda summary, the committee will review and discuss case transferred by the District 7 AAAAA executive committee with a recommendation that a penalty greater than a private reprimand be given to the Fort Worth Dunbar basketball coach, Mr. Robert Hughes, for violation of sec.1206(i) of the UIL C&CR, the holiday restriction; allegations that Brownsville Porter High School Junior Varsity soccer team and Coach Ladis Alvarez violated sec.sec.1200(h) and 1201(b)(3), of the UIL C&CR by verbally and physically abusing an official during and after a game on March 9, 1991; and allegation that Porter High School failed to respond to a request to investigate and to a state executive committee directive of March 27, 1991, in violation of sec.605(b). Contact: Bonnie Northcutt, 2622 Wichita Street, Austin, Texas 78705, (512) 471-5883. Filed: July 31, 1991, 4:38 p.m. TRD-9109167 Wednesday, August 7, 1991, 9:30 a.m. The Music Standing Committee of the University Interscholastic League will meet at the Radisson Plaza Hotel, Eighth and San Jacinto Streets, Austin. According to the agenda summary, the committee will hear proposals for amendments to the University Interscholastic League constitution and contest rules. Contact: Dick Floyd, 2622 Wichita Street, Austin, Texas 78705, (512) 471-5883. Filed: July 31, 1991, 4:39 p.m. TRD-9109168 University of Texas System Thursday, August 8, 1991, 9 a.m. The Board for Lease of University Lands of the University of Texas System will meet at 201 West Seventh Street, Austin. According to the agenda summary, the board will approve minutes; review organization of the board; and approve oil and gas lease sale. Contact: Linward Shivers, 201 West Seventh Street, Austin, Texas 78701, (512) 499-4462. Filed: July 31, 1991, 8:34 a.m. TRD-9109117 Texas Water Commission Wednesday, July 31, 1991, 9 a.m. The Texas Water Commission met 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 take various actions, including, but not limited to, scheduling an item in the entirety or for particular action at a future date or time. The emergency status was necessary due to reasonably unforeseeable circumstances and the potential threat to public health posed by a discontinuance of water service an emergency setting of this matter was necessary. Contact: Doug Kitts, P.O. Box 13087, Austin, Texas 78711, (512) 463-7898. Filed: July 30, 1991, 3:56 p.m. TRD-9108084 Wednesday, July 31, 1991, 9 a.m. The Texas Water Commission will meet at the Stephen F. Austin Building, 1700 North Congress Avenue, Room 118, Austin. According to the 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 take various actions, including, but not limited to, scheduling an item in the entirety or for particular action at a future date or time. The emergency status was necessary due to reasonably unforeseeable circumstances and the potential threat to public health posed by a discontinuance of water service an emergency setting of this matter was necessary. Contact: Doug Kitts, P.O. Box 13087, Austin, Texas 78711, (512) 463-7898. Filed: July 30, 1991, 4:23 p.m. TRD-9109093 Wednesday, August 9, 1991, 10:30 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 30, 1991, 4:24 p.m. TRD-9109096 Wednesday, August 14, 1991, 9 a.m. The Texas Water Commission will meet at the Stephen F. Austin Building, 1700 North Congress Avenue, Room 118, Austin. According to the agenda summary, the commission will consider various matters within the regulatory jurisdiction of the commission. In addition, the commission will consider items previously posted for open meeting and at such meeting verbally postponed or continued to this date. With regard to any item, the commission may take various actions, including, but not limited to, scheduling an item in the entirety or for particular action at a future date or time. Contact: Doug Kitts, P.O. Box 13087, Austin, Texas 78711, (512) 463-7898. Filed: July 30, 1991, 4:23 p.m. TRD-9109094 Wednesday, August 14, 1991, 3 p.m. The Texas Water Commission will meet at the Stephen F. Austin Building, 1700 North Congress Avenue, Room 118, Austin. According to the agenda summary, the commission will consider various matters within the regulatory jurisdiction of the commission, including specifically the adoption of new or amended agency regulations. In addition, the commission will consider items previously posted for open meeting and at such meeting verbally postponed or continued to this date. With regard to any item, the commission may take various actions, including, but not limited to, rescheduling an item in its entirety or for particular action at a future date or time. Contact: Doug Kitts, P.O. Box 13087, Austin, Texas 78711, (512) 463-7898. Filed: July 30, 1991, 4:24 p.m. TRD-9109095 Wednesday, September 11, 1991, 3 p.m. The Texas Water Commission will meet at the Stephen F. Austin Building, 1700 North Congress Avenue, Room 118, Austin. According to the agenda summary, the commission will consider an application by Harris County Municipal Utility District Number 217 for adoption of standby fees. Contact: Gloria A. Vasquez, P.O. Box 13087, Austin, Texas 78711, (512) 463-7898. Filed: July 30, 1991, 4:25 p.m. TRD-9109100 Wednesday, October 2, 1991, 3 p.m. The Texas Water Commission will meet at the Stephen F. Austin Building, 1700 North Congress Avenue, Room 118, Austin. According to the agenda summary, the commission will consider Application Number 5370 by Eva Ruth Hancock, Ruth Hancock Sacco and Paula Hancock Robinson to seek a permit to construct an off-channel storage reservoir and divert 1,278 acre-feet of water per annum into the reservoir for subsequent use, or divert the water directly to the fields for irrigation of grain crops in the Lavaca River Basin; Colorado, Jackson and Lavaca Counties. Contact: Lann Bookout, P.O. Box 13087, Austin, Texas 78711, (512) 371-6385. Filed: July 30, 1991, 4:25 p.m. TRD-9109099 Wednesday, October 2, 1991, 3 p.m. The Texas Water Commission will meet at the Stephen F. Austin Building, 1700 North Congress Avenue, Room 118, Austin. According to the agenda summary, the commission will consider Application Number 5369 by Harris County for a permit to divert 130 acre-feet of water per annum from Clear Creek, tributary of Galveston Bay, San Jacinto-Brazos Coastal Basin into a wetland area adjacent to the creek. The water will be used to maintain the wetland area (Game Preserve) in Hall Road Park, approximately 13 miles southeast of the Harris County Courthouse in Houston, Harris County, pursuant to a Wetland Management agreement with the United States Fish and Wildlife Department. Contact: Lann Bookout, P.O. Box 13087, Austin, Texas 78711, (512) 371-6385. Filed: July 30, 1991, 4:24 p.m. TRD-9109098 Wednesday, October 2, 1991, 3 p.m. The Texas Water Commission will meet at the Stephen F. Austin Building, 1700 North Congress Avenue, Room 118, Austin. According to the agenda summary, the commission will consider Application Number 5366 by Rob and Bessie Welder Wildlife Foundation for a permit to divert 1,000 acre-feet of water per annum from the Aransas River, a tributary of the Gulf of Mexico, Nueces Coastal Basin, into two water control structures/wetland areas adjacent to the river. The water will be used for the maintenance of a wetland area within the Welder Wildlife Foundation property, approximately 10 miles north of Sinton, San Patricio County. Contact: Weldon Hawthorne, P.O. Box 13087, Austin, Texas 78711, (512) 371-6388. Filed: July 30, 1991, 4:24 p.m. TRD-9109097 Regional Meetings Meetings Filed July 30, 1991 The Austin-Travis County Mental Health and Mental Retardation Center Board of Trustees, Personnel Committee will meet at 1430 Collier Street, Board Room, Austin, August 6, 1991, at 6 p.m. Information may be obtained from Sharon Taylor, P.O. Box 3548, Austin, Texas 78764, (512) 440-4031. TRD-9109092. The Concho Valley Council of Governments Executive Committee will meet at the Horseshoe Bay Inn and Country Club, Marble Falls, August 7, 1991, at 7 p.m. Information may be obtained from Robert R. Weaver, P.O. Box 60050, San Angelo, Texas 76906, (915) 944-9666. TRD-9109070. The South Texas Development Council Board of Directors will meet at the Zapata Community Center, Zapata, August 8, 1991, at 11 a.m. Information may be obtained from Julie Saldana, P.O. Box 2187, Laredo, Texas 78044-2187, (512) 722-3995. TRD-9109081. The STED Corporation Board of Trustees will meet at the Zapata Community Center, Zapata, August 8, 1991, at 11 a.m. Information may be obtained from Robert Mendiola, P.O. Box 2187, Laredo, Texas 78044-2187, (512) 722-3995. TRD-9109082. Meetings Filed July 31, 1991 The Colorado River Municipal Water District Board of Directors will meet at 400 East 24th Street, Big Spring, August 6, 1991, at 10 a.m. Information may be obtained from O. H. Ivie, P.O. Box 869, Big Spring, Texas 79720, (915) 267-6341. TRD-9109152. The Education Service Center, Region II Board of Directors will meet at 209 North Water Street, Administration Conference Room, Corpus Christi, August 7, 1991, at 6:30 p.m. Information may be obtained from Geraldine Reeves, 209 North Water Street, Corpus Christi, Texas 78401, (512) 883-9288. TRD-9109154. The Education Service Center Region 10 Board of Directors will meet at the Prestonwood Country Club, 15909 Preston Road, Dallas, August 7, 1991, at 1:15 p.m. Information may be obtained from Joe Farmer, 400 East Spring Valley, Richardson, Texas 75083-1300, (214) 231-6301. TRD-9109151. The Gregg Appraisal District Board of Directors will meet at 2010 Gilmer Road, Longview, August 9, 1991, at 10 a.m. Information may be obtained from William T. Carroll, P.O. Box 6700, Longview, Texas 75608, (903) 759-0015. TRD-9109119. The Henderson County Appraisal District Board of Directors will meet at 1751 Enterprise, Athens, August 19, 1991, at 7 p.m. Information may be obtained from Helen Marchbanks, 1751 Enterprise, Athens, Texas 75751, (903) 675-9296. TRD-9109136. The Henderson County Appraisal District Board of Directors will meet at 1751 Enterprise, Athens, August 19, 1991, at 7:30 p.m. Information may be obtained from Helen Marchbanks, 1751 Enterprise, Athens, Texas 75751, (903) 675-9296. TRD-9109137. The Tarrant Appraisal District Appraisal Review Board met at 2309 Gravel Road, Fort Worth, August 5, 1991, at 8:30 a.m. The emergency revised agenda was necessary due to adoption of board policy. Information may be obtained from Suzanne Williams, 2309 Gravel Road, Fort Worth, Texas 76118, (817) 284-8884. TRD-9109169. The Tyler County Appraisal District Board of Directors will meet at 806 West Bluff, Woodville, August 6, 1991, at 4 p.m. Information may be obtained from Linda Lewis, P.O. Drawer 9, Woodville, Texas 75979, (409) 283-3736. TRD-9109138. Meetings Filed August 1, 1991 The Multimodal Transportation Planning Gulf Coast State Planning Region Transportation Planning Committee will meet at 3555 Timmons, Fourth Floor Conference Room, Houston, August 9, 1991, at 9:30 a.m. Information may be obtained from LaDawn Bush, P.O. Box 1386, Houston, Texas 77251, (713) 869-4571. TRD-9109170. ISSUE OFAugust 6, 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 Public Hearing Notice is hereby given that pursuant to the requirements of the Texas Clean Air Act sec.382.017(a); the Administrative Procedure and Texas Register Act, Texas Civil Statutes, Article 6252-13a, sec.5; the Texas Air Control Board (TACB) Procedural Rules, sec.103.11(4); and 40 Code of Federal Regulations 51.102 of the United States Environmental protection Agency (EPA) regulations concerning State Implementation Plans (SIPs), the TACB will conduct a public hearing to receive testimony concerning revisions to its rules and SIP. The 10 PM control strategy and regulation revisions respond to EPA guidelines and a Federal Clean Air Act requirement to submit the SIP by November 15, 1991. The control strategy includes a description of the nonattainment area, air quality status, an emissions inventory, modeling results, and control measure commitments. The rule revisions include proposed amendments to sec.111.111, concerning visible emissions, and sec.sec.111.141, 111.145, and 111.147, concerning materials handling, construction, roads, streets, alleys and parking lots. The proposed revisions would regulate residential solid fuel heating devices and particulate matter from roads, streets, and construction and demolition activities. A public hearing will be held on September 5, 1991, at 6 p.m. in the El Paso City Council Chambers, 2 Civic Center Plaza, El Paso. The hearing is structured for the receipt of oral or written comments. Interrogation or cross-examination is not permitted, however, a TACB staff member will be available to answer questions informally. Written comments not presented at the hearing may be submitted to the TACB central office in Austin prior to and including September 6, 1991. Material received by 4 p.m. on that date will be considered by the board prior to any final action on the proposed revisions. Copies of the proposed rule revisions and control strategy are available at the central office of the TACB located at 12124 Park 35 Circle, Austin, Texas 78753, and at all TACB regional offices. For further information, call Karen Kirkpatrick at (512) 908-1460. Issued in Austin, Texas, on July 25, 1991. TRD-9109129 Lane Hartsock Director, Planning and Development Program Texas Air Control Board Filed: July 31, 1991 For further information, please call: (512) 908-1770 Texas Education Agency Public Hearing Public hearings are being held for the purpose of affording all segments of the public, independent school districts, postsecondary institutions, interested organizations, and all other interested parties an opportunity to present their views and make recommendations regarding the future functions of the Texas Education Agency in providing services to school districts and other patrons served by that agency. These hearings will be conducted by an advisory committee appointed by the commissioner of education. The hearings will be conducted at the following times and locations. Wednesday, August 7, 1991, Region XX Education Service Center, 1314 Hines Avenue, San Antonio, Texas 78208-1899, (512) 299-2471: 9 a.m.-12 p.m., Invited School District Personnel; 1:30 p.m.-3 p.m., Public Hearing; 3 p.m.-4 p.m., Advisory Committee Deliberations. Tuesday, August 13, 1991, Region X Education Service Center, 400 East Spring Valley Road, Richardson, Texas 85080-1300, (214) 231-6301: 9 a.m.-12 p.m., Invited School District Personnel; 1:30 p.m.-3 p.m., Public Hearing; 3 p.m.-4 p. m., Advisory Committee Deliberations. Wednesday, August 14, 1991, Region XVII Education Service Center, 1111 West Loop 289, Lubbock, Texas 79416-5029, (806) 793-4854: 9 a.m.-12 p.m., Invited School District Personnel; 1:30 p.m.-3 p.m., Public Hearing; 3 p.m.-4 p.m., Advisory Committee Deliberations. Thursday, August 22, 1991, Region IV Education Service Center, 7145 West Tidwell, Houston, Texas 77001-0863, (713) 462-7708: 9 a.m.-12 p.m., Invited School District Personnel; 1:30 p.m.-3 p.m., Public Hearing; 3 p.m.-4 p.m., Advisory Committee Deliberations. Friday, August 23, 1991, South Texas High School, 700 Med High Drive, Mercedes, Texas 78570, (512) 383-5611: 9 a.m.-12 p.m., Invited School District Personnel; 1:30 p.m.-3 p.m., Public Hearing; 3 p.m.-4 p.m., Advisory Committee Deliberations. Individuals who wish to speak at a hearing may do so by registering at the time and place of the hearing. Individuals are also encouraged to bring 10 copies of their written testimony. It is requested that individuals wishing to testify shall limit comments to five minutes. This limit may be reduced or extended depending upon the number of individuals wishing to speak. Further information concerning the public hearings and advisory committee meetings may be obtained by calling Julian Shaddix, Assistant Commissioner for School Administration, Texas Education Agency, at (512) 463-9354. Issued in Austin, Texas, on July 31, 1991. TRD-9109126 Lionel R. Meno Commissioner of Education Filed: July 31, 1991 For further information, please call: (512) 463-9701 Employees Retirement System of Texas Texasaver 401(k) Plan Third Party Administration Services For The Employees Retirement System of Texas Pursuant to Texas Civil Statutes, Article 6252-11c, the Employees Retirement System of Texas (ERS) announces a Request for Proposal (RFP) to provide third party administration services for the TexaSaver 401(k) Plan. Firms wishing to respond to the request must have prior demonstrated work experience in 401(k) plan third party administration. In addition, firms should have a working knowledge of the State of Texas policies and procedures which may affect the delivery of a 401(k) plan. The RFP instructions which detail information regarding the project are available upon request from the ERS. The deadline for receipt of the proposals in response to this request will be 5 p.m., central standard time, on August 30, 1991. The ERS reserves the right to accept or reject any or all proposals submitted. ERS is under no legal requirement to execute a resulting contract on the basis of this advertisement. The ERS will base its choice on cost, demonstrated competence, superior qualifications, and evidence of conformance with the RFP criteria. This RFP does not commit the ERS to pay any costs incurred prior to execution of a contract. Issuance of this material in no way obligates the ERS to award a contract or to pay any costs incurred in the preparation of a response. The ERS specifically reserves the right to vary all provisions set forth at any time prior to execution of a contract where the ERS deems it to be in the best interest of the State of Texas. For further information regarding this notice please contact Marianne Woods, Director, Deferred Compensation, Employees Retirement System of Texas, P.O. Box 13207, Austin, Texas 78711-3207, (512) 867-3313. Issued in Austin, Texas, on July 31, 1991. TRD-9109131 Charles D. Travis Executive Director Employees Retirement System of Texas Filed: July 31, 1991 For further information, please call: (512) 867-3336 Texas Department of Health On-Site Treatment Research Request For Proposal The On-site Wastewater Treatment Research Council (council) issues this Request for Proposals (RFP), pursuant to the Health and Safety Code, Chapter 367, leading to the possible awards of contracts during fiscal year September 1, 1991 through August 31, 1992, to conduct applied research at accredited colleges and universities, other governmental entities and acceptable private research centers in the State of Texas, regarding on-site treatment and disposal technology applicable to this State. Publication of this RFP does not obligate the council to make an award if a suitable proposal is not received. Description of Planning Objectives. The purpose of the project is to demonstrate the suitability and cost effectiveness of one or more of the following secondary treatment/disposal components when used to treat and/or dispose of septic tank effluent from one or more homes: rock plant filter; anaerobic upflow rock media filter; sand filter, recirculating or intermittent; subsurface irrigation; surface irrigation; and septic tank effluent pump collection system. A funded project must be built to serve one or more existing homes, and shall not replace an existing functional septic tank-drainfield system. Proposals which provide service to residences located in areas which have documented evidence that the provision of sewage service by an organized sewage collection and treatment system is imminent shall receive preferential consideration from the council. Initial emphasis will be given to projects that will be located in counties statutorily defined as economically distressed areas and having a population growth rate higher than the state average. Work tasks to be addressed by the research project shall include: documented literature review for each component to be incorporated in the project; evaluation of existing data; development of technical design criteria for each component; design, installation and demonstration of the components of the project; development of evaluation procedures to determine the performance of each component; and preparation of a report or series of reports to document the project's findings. Description of Funding Consideration. The council will provide funding from the on-site wastewater treatment research account not to exceed $200,000 for state fiscal year 1991-1992. Each research award from the Council shall not exceed $45,000. Solicited Proposals. The council is soliciting proposals for applied research into the solution of problems encountered in planning, designing, installing and operating innovative on-site wastewater treatment/disposal facilities. Proposals must include: a description of the project objectives; a description of the processes, components, etc., selected to reach the project objectives; a description of funding needs and sources, including funds being requested from other grant sources and any in-kind contributions such as labor or materials; political implications as they may affect the proposal based on on-site sewerage facility regulatory authority, responsibility for administering the project, and project maintenance, if applicable; restrictions or special conditions and characteristics of the proposed effluent disposal area, including soil hydraulics and complete soil profiles and discussion methods to be used to overcome or alleviate such restrictive conditions; a commitment date for contract award and a timetable for the life of the project; and a designated contact person for additional information. Criteria For Eligibility. To be eligible for funding from the research account, the applicant must demonstrate: specific application of the proposed research for the protection of the potable water supplies and the health and welfare of the public; a need for funds; an indication that the proposed research project does not duplicate previously completed or on-going research; and for a corporation organized under the Texas Business Corporation Act, Article 1.01 et seq., proof that it is not delinquent in a tax owed the state under the Tax Code, Chapter 171. In order to assure equitable distribution of limited funds and to avoid conflicts of interest, the following criteria are established for acceptability of applicants: Texas-based applicants will be given priority consideration, and only in unusual circumstances will this priority be disregarded; research projects shall be conducted in Texas; project duration will be a minimum of one year to a maximum of three years; and a member of the Council is not eligible to submit a research proposal. Proposal Rating. In addition to providing specific comments, each evaluator will, where appropriate, rate the proposals in the following areas: the urgency of need for the research; degree to which the proposal is responsive to the overall purpose and funding criteria or the specific purpose of an individual solicitation; qualifications of project staff and directly-related project and staff experience; reasonableness of proposed budget and time schedule; availability of matching funds or services, if any; project organization and management, including project monitoring procedures; statewide or regional application of research results; technical, economic, and environmental merit of the proposal; probability that the research will result in significant protection of potable water supplies, public health and welfare; relevance to at least one of six major research priority areas that include waterborne disease abatement; groundwater pollution abatement; cost-effectiveness of modifying existing technology; soils technology; nitrate and other contaminates of potable water supplies; and innovative, untested technology; method of assessing the economical ramifications of proposed research results; method of assessing the ramifications as to public health and welfare; and other information as may be required for the specific project. Application Procedure, Deadlines and Contact Person For Additional Information. Twenty copies of the research proposal must be filed with the Council prior to 5 p.m. on August 15, 1991. A contract must be executed and work must be underway as soon as possible after Council approval of an application. A report covering research work conducted during state fiscal year 1992 must be submitted to the council by July 31, 1992, unless this request is extended at a later date by the council. Research proposals must be directed to the On-site Wastewater Treatment Research Council, Attn: Ted Johns, R.S., 1100 West 49th Street, Austin, Texas, 78756. Requests for information, research objectives, and applicable research rules may be directed to Ted Johns, R.S., or Jerry Salgado, P.E., at the preceding address or (512) 458-7243. Applications received after the August 15, 1991, deadline will be considered unsolicited proposals and will receive appropriate consideration with the council's time and funding limitations. Issued in Austin, Texas, on July 31, 1991 TRD-9109132 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Filed: July 31, 1991 For further information, please call: (512) 458-7243 Texas Department of Human Services Notice Regarding Disproportionate Share for Hospitals Providing High-Volume Medicaid Days Effective August 7, 1991, the Texas Department of Human Services (DHS) will establish a third disproportionate share program to comply with state law. This program will provide additional reimbursement to high-volume Medicaid providers. Qualifying hospitals are limited to hospitals and hospital districts, excluding state-owned teaching hospitals, with Medicaid patient days greater than one standard deviation above the mean number of Medicaid days for all hospitals participating in the state, and with Medicaid patient days greater than or equal to 12% of all patient census days of the hospital. The determination of the number of Medicaid patient days is based on the latest available state fiscal year data, and the determination of patient census days is based on the latest available data reported by the hospitals to the Texas Department of Health. Using the latest available state fiscal year data, DHS will determine the average monthly number of medicaid patient days of each qualifying hospital. Qualifying hospitals will receive a monthly disproportionate share payment based on the average monthly number of Medicaid patient days of the qualifying hospital in relationship to the total average monthly number of Medicaid patient days of all qualifying hospitals. The estimated increase in aggregate annual expenditures is $818,198,066. DHS is submitting an amendment to the Title XIX State Plan for review and approval by the Health Care Financing Administration (HCFA). A copy of this notice is being sent to each DHS field office where it will be available for public review. Comments may be submitted to Joseph B. Branton, Jr., Unit Leader, Medical Services Policy and Program Development, Purchased Health Services, Texas Department of Human Services, Y-927, P.O. Box 149030, Austin, Texas 78714-9030. Comments received will be available for public review. Those interested in reviewing the comments may contact Mr. Branton at (512) 338-6505. Issued in Austin, Texas, on July 30, 1991. TRD-9109091 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Filed: July 30, 1991 For further information, please call: (512) 450-3765 Public Notice The Texas Department of Human Services announces that the Board of Human Services has authorized an increase, beginning August 1, 1991, in the transportation allowance limits for the Job Opportunities and Basic Skills (JOBS) Training Program. As stipulated in 40 Texas Administrative Code, sec.10.2304, Support Services for Participants in JOBS, the following rates for transportation expense reimbursement apply. Ongoing Transportation Allowance. Actual transportation costs are allowed for no more than 23 days in a month and must not exceed the maximum monthly limit of $230. JOBS participants are allowed actual costs of transportation expense up to a maximum of $5.00 per day for ongoing participation in the JOBS program. Transportation costs exceeding $5.00 per client per day, not to exceed $10 per day, are allowable on a case-by-case basis for ongoing JOBS participation. Actual costs for personal automobile transportation are subject to the following maximum limits: 00 to 20 miles-$ 2.50; 21 to 40 miles-5.00; 41 to 60 miles-7.50; 61 to 80 miles-10.00. Special Needs Transportation Allowance.Transportation costs that exceed $10 per day per client, but are no more than $15, are allowed on a case-by-case basis for special needs such as to take the General Education Development Certification (GED) or licensing examinations. Information pertaining to the JOBS transportation allowance may be obtained by contacting Carol Barron at (512) 450-4242. Issued in Austin, Texas, on July 30, 1991. TRD-9109069 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Filed: July 30, 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 Incorporation in Texas for Carl J. Sledz, a domestic third party administrator. The home office is in Plano, Texas. 2. Application for Admission to do business in Texas for L & H Associates, a foreign third party administrator. The home office is in Fresno, California. 3. Application for Incorporation in Texas for Republic National Life Insurance Company, a domestic life insurance company. The home office is in Houston, Texas. Issued in Austin, Texas, on July 23, 1991. TRD-9109063 Nicholas Murphy Chief Clerk State Board of Insurance Filed: July 30, 1991 For further information, please call: (512) 463-6327 Texas Parks and Wildlife Department Correction of Error The Texas Parks and Wildlife Department submitted proposed 31 TAC sec.sec.57. 377-57.386, concerning the sale of non-game fish taken from the public fresh waters of this state, for publication in the July 26, 1991, issue of the Texas Register (16 TexReg 4056). The undesignated heading for these sections was incorrectly printed as "Imported Redfish and Speckled Sea Trout." It should read "Permits to Sell Non-Game Fish." Notices of Public Hearings to Revoke Resident License Notice is hereby given that Charles W. Green, whose address is Route 15, Box 528, Texarkana, Texas 75501, show cause why Resident General Commercial Fishing License Number 372-64277-1 should not be terminated and revoked for grounds, to wit: Mr. Green was conflicted on September 17, 1987 of the offense of possessing a flathead catfish while using nets in the public water of this state, a violation of 31 TAC sec.65.71. Mr. Greene was also finally convicted on January 9, 1990 of the offense of possession or use of a net in or on public water which was not equipped with sufficient floats in contravention of the Parks and Wildlife Code, sec.66.006; and in using such a net without valid gear tags attached, a violation of 31 TAC sec.65.71. After notice and hearing, the executive director is empowered to revoke licenses issued under the Parks and Wildlife Code pursuant to sec.12.501 et seq. The executive director has appointed a hearing examiner to conduct such a hearing on this matter as follows: August 16, 1991, 10 a.m., Room A-200 Texas Parks and Wildlife Department, Headquarters Building, 4200 Smith School Road, Austin. The respondent may appear in person or by attorney to respond to the charges presented. This hearing will be held under the authority of and in accordance with the Parks and Wildlife Code, sec.12.501 et seq. 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 Boyd Johnson, Litigation Counsel, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744, (512) 389-4805. Information concerning any procedures of the hearing or scheduling may be obtained by contacting the undersigned at Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744, (512) 389-4867. Issued in Austin, Texas, on July 30, 1991. TRD-9109078 Jennifer Mellett Hearing Examiner Texas Parks and Wildlife Department Filed: July 30, 1991 For further information, please call: (512) 389-4867 Notice is hereby given that Carl R. Whitener, whose address is 426 Valerie, Corpus Christi, Texas 78418, show cause why Resident General Commercial Fishing License Number 372-01617-1 and Resident Commercial Finfish Fisherman's License Number 371-00148-1 should not be terminated and revoked for grounds, to wit: On February 16, 1991, Mr. Whitener, at the North Atlantic Seafood Company located at 4230 Beacon Street, Corpus Christi, unlawfully possessed 89 black drum, and one flounder taken by illegal means in violation of 31 TAC sec.65.72. Mr. Whitener thus violated a regulation adopted under the Parks and Wildlife Code relating to the previously described licenses. After notice and hearing, the executive director is empowered to revoke licenses issued under the Parks and Wildlife Code pursuant to sec.12.501 et seq. The executive director has appointed a hearing examiner to conduct such a hearing on this matter as follows: August 20, 1991, 10 a.m., Room A-200 Texas Parks and Wildlife Department, Headquarters Building, 4200 Smith School Road, Austin. Issued in Austin, Texas, on July 30, 1991. TRD-9109079 Jennifer Mellett Hearing Examiner Texas Parks and Wildlife Department Filed: July 30, 1991 For further information, please call: (512) 389-4867 Public Utility Commission of Texas Notices of Application To Amend Certificate of Convenience and Necessity Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on July 22, 1991, to amend a Certificate of Convenience and Necessity pursuant to the Public Utility Regulatory Act, sec.sec.16(a), 18(b), 50, 52, and 54. A summary of the application follows. Docket Title and Number . Application of United Telephone Company of Texas, Inc. to amend a certificate of convenience and necessity within Erath County, Docket Number 10505, before the Public Utility Commission of Texas. The Application. In Docket Number 10505, United Telephone Company of Texas, Inc. seeks approval of its application to amend an exchange area boundary in order to provide telephone service to a residential customer. Persons who wish to intervene in the proceeding or comment upon action sought, should contact the Public Utility Commission of Texas, at 7800 Shoal Creek Boulevard, Suite 400N, Austin, Texas, 78757, or call the Public Utility Commission Public Information Office within 15 days of this notice at (512) 458-0256. The telecommunications device for the deaf (TDD) number for the Public Information Office is (512) 458-0221. Issued in Austin, Texas, on July 26, 1991. TRD-9109037 Mary Ross McDonald Secretary of the Commission Public Utility Commission of Texas Filed: July 29, 1991 For further information, please call: (512) 458-0100 Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on July 17, 1991, to amend a Certificate of Convenience and Necessity pursuant to the Public Utility Regulatory Act, sec.sec.16(a), 18(b), 37, 50, 52, and 54. A summary of the application follows. Docket Title and Number . Application of GTE Southwest, Inc. to amend certificate of convenience and necessity within Navarro County, Docket Number 10497, before the Public Utility Commission of Texas. The Application. In Docket Number 10497, GTE Southwest, Inc. seeks approval of its application to revise a tariff in order to provide telephone service to the Lago Vista Ranch subdivision and a residential customer. Persons who wish to intervene in the proceeding or comment upon action sought, should contact the Public Utility Commission of Texas, at 7800 Shoal Creek Boulevard, Suite 400N, Austin, Texas 78757, or call the Public Utility Commission Public Information Office within 15 days of this notice at (512) 458-0256. The telecommunications device for the deaf (TDD) number for the Public Information Office is (512) 458-0221. Issued in Austin, Texas, on July 26, 1991. TRD-9109036 Mary Ross McDonald Secretary of the Commission Public Utility Commission of Texas Filed: July 29, 1991 For further information, please call: (512) 458-0100 Notice of Intent To File Pursuant To Public Utility Commission Substantive Rule 23.27 Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application pursuant to Public Utility Commission Substantive Rule 23.27 for approval of customer-specific PLEXAR-Custom Service for Interclaim, Dallas. Tariff Title and Number . Application of Southwestern Bell Telephone Company for approval of Plexar-Custom Service for Interclaim Pursuant to Public Utility Commission Substantive Rule 23.27(k). Tariff Control Number 10514. The Application. Southwestern Bell Telephone Company is requesting approval of Plexar-Custom Service for Interclaim. The geographic service market for this specific service is the Dallas area. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at 7800 Shoal Creek Boulevard, Suite 400N, Austin, Texas 78757, or call the Public Utility Commission Public Information Section at (512) 458-0256, or (512) 458-0221 for teletypewriter for the deaf. Issued in Austin, Texas, on July 26, 1991. TRD-9109035 Mary Ross McDonald Secretary of the Commission Public Utility Commission of Texas Filed: July 29, 1991 For further information, please call: (512) 458-0100 Texas Water Commission 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 Rollins Environmental Services (Texas Inc. (Permit HW-50089-01) on July 16, 1991, assessing $25,000 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Bob Warneke, Jr., Staff Attorney, Texas Water Commission, P.O. Box 13087, Austin, Texas 78711-3087, (512) 463-8069. Issued in Austin, Texas, on July 25, 1991. TRD-9109050 Laurie J. Lancaster Notices Coordinator Texas Water Commission Filed: July 29, 1991 For further information, please call: (512) 463-7898. 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 the City of Ranger (Permit 11557-01) on July 16, 1991, assessing $7,840 in administrative penalties with $3,168 deferred and foregoned pending compliance. Stipulated penalties were also imposed. Information concerning any aspect of this order may be obtained by contacting Jennifer C. Smith, Staff Attorney, Texas Water Commission, P.O. Box 13087, Austin, Texas 78711-3087, (512) 463-8069. Issued in Austin, Texas, on July 25, 1991. TRD-9109049 Laurie J. Lancaster Notices Coordinator Texas Water Commission Filed: July 29, 1991 For further information, please call: (512) 463-7898. 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 Pennzoil Products Company (Permit 00377) on July 16, 1991, assessing $95,600 in administrative penalties with $15,600 deferred and possibly foregoned pending compliance. Stipulated penalties were also imposed. Information concerning any aspect of this order may be obtained by contacting Sharon J. Smith, Staff Attorney, Texas Water Commission, P.O. Box 13087, Austin, Texas 78711-3087, (512) 463-8069. Issued in Austin, Texas, on July 25, 1991. TRD-9109048 Laurie J. Lancaster Notices Coordinator Texas Water Commission Filed: July 29, 1991 For further information, please call: (512) 463-7898. 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 Mineral Research and Development Corporation (Permit 01878) on July 16, 1991, assessing $44,625 in administrative penalties. Stipulated penalties were also imposed. Information concerning any aspect of this order may be obtained by contacting Margaret Ligarde, Staff Attorney, Texas Water Commission, P.O. Box 13087, Austin, Texas 78711-3087, (512) 463-8069. Issued in Austin, Texas, on July 25, 1991. TRD-9109046 Laurie J. Lancaster Notices Coordinator Texas Water Commission Filed: July 29, 1991 For further information, please call: (512) 463-7898. Notice of Application For Waste Disposal Permit Notice is given by the Texas Water Commission of public notices of waste disposal permit applications issued during the period of July 22-July 26, 1991. No public hearing will be held on these applications unless an affected person has requested a public hearing. Any such request for a public hearing shall be in writing and contain the name, mailing address, and phone number of the person making the request; and a brief description of how the requester, or persons represented by the requester, would be adversely affected by the granting of the application. If the commission determines that the request sets out an issue which is relevant to the waste discharge permit decision, or that a public hearing would serve the public interest, the commission shall conduct a public hearing, after the issuance of proper and timely notice of the hearing. If no sufficient request for hearing is received within 30 days of the date of publication of notice concerning the applications, the permit will be submitted to the commission for final decision on the application. Information concerning any aspect of these applications may be obtained by contacting the Texas Water Commission, P.O. Box 13087, Austin, Texas 78711, (512) 463-7905. Listed are the name of the applicant and the city in which the facility is located, type of facility, location of the facility, permit number, and type of application-new permit, amendment, or renewal. City of Burton; wastewater treatment facilities; approximately 500 feet north of the U.S. Highway 290 bridge across Indian Creek in Washington County; 12193-01; renewal. Chevron Chemical Company; Orange; a polyethylene manufacturing facility; approximately 1.7 miles east of the FM Road 1006/State Highway 87 intersection in Orange County 00359; amendment. Harris County Municipal Utility District Number 6; Houston; wastewater treatment facilities; approximately two miles north and one mile east of the intersection of Fairbanks-North Houston Road and White Oak Bayou in Harris County; 11273-01; renewal. Southern Sanitary Corporation; Houston; wastewater treatment facilities; approximately 4,500 feet west of Interstate Highway 45 in Harris County; 10610-01; renewal. Guy Viss, Viss V-12 Dairy; Earth; a dairy; approximately 4.5 miles southeast of the intersection of U.S. Highway 67 and FM Road 2481 in Erath County; 03210; new. City of West University Place; Houston; wastewater treatment facility; approximately 1,000 feet west of Kirby Drive between Brays Bayou and North Braeswood Street in the City of Houston, Harris County; 10058-01; renewal. N.C. Witt, Jr.; West; a dairy; approximately one and one half miles south of the intersection of FM Road 1858 and FM Road 3149 in McLennan County; 03356; new. Issued in Austin, Texas, on July 26, 1991. TRD-9109051 Laurie J. Lancaster Deputy Chief Clerk Texas Water Commission Filed: July 29, 1991 For further information, please call (512) 463-7906